Free Guide to Starting a Business in Georgia

Understanding Georgia's Business Structure Options

When starting a business in Georgia, one of your first decisions involves choosing a business structure. This choice affects how you pay taxes, your personal liability, and how much paperwork you'll handle. Georgia recognizes several common structures, and understanding each one helps you make an informed decision based on your specific situation.

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A sole proprietorship is the simplest structure. You operate the business as yourself, with no formal legal separation between you and the business. This means your personal assets (like your house or car) could be at risk if someone sues your business or if debts pile up. On the positive side, there's minimal paperwork and lower startup costs. Many freelancers, consultants, and service providers use this structure. However, you'll pay self-employment taxes on all business income.

A partnership involves two or more people sharing ownership. In a general partnership, each partner can make decisions and is personally liable for the business's debts. In a limited partnership, some partners have limited liability but less control. Partnerships require a written partnership agreement, which outlines how profits are split, what happens if someone leaves, and how disputes are handled. Georgia doesn't require formal registration for partnerships, but filing isn't a bad idea for clarity.

A Limited Liability Company (LLC) offers liability protection while remaining relatively simple to operate. Your personal assets are generally protected from business debts and lawsuits. An LLC requires filing Articles of Organization with Georgia's Secretary of State and paying a filing fee (currently $100). You'll also need an Employer Identification Number (EIN) from the IRS. Many small business owners choose LLCs because they offer a middle ground between simplicity and protection.

A Corporation is a more formal structure where the business is a separate legal entity from its owners (called shareholders). Corporations offer strong liability protection but involve more complex paperwork, ongoing compliance requirements, and double taxation (the business pays taxes, and shareholders pay taxes on dividends). Georgia requires Articles of Incorporation filing and annual reports. Corporations work well for larger businesses planning to attract investors or go public.

Practical takeaway: Write down your answers to these questions: How many owners will the business have? Do you want personal liability protection? Can you handle complex tax and compliance requirements? Your answers will point toward the right structure for your situation. Many people start with an LLC because it balances protection, simplicity, and cost.

Registering Your Business Name and Getting Your EIN

Your business name serves as your brand and legal identifier. In Georgia, the registration process depends on your business structure. Understanding the name registration process prevents future conflicts and protects your business identity.

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For sole proprietorships and general partnerships operating under your personal name, formal registration with the state isn't required. However, if you want to do business under a different name (called a "doing business as" or DBA name), you should register it. You'll file a Fictitious Name Registration with the probate court in the county where your business is located. This costs around $25 to $50 and provides public notice that you're using that business name.

For LLCs and Corporations, the state requires you to file official formation documents. For an LLC, you file Articles of Organization with the Georgia Secretary of State. For a Corporation, you file Articles of Incorporation. These filings are mandatory, cost money (around $100 for an LLC, $90 for a Corporation), and create your legal business entity. You can file online through the Georgia Secretary of State website or by mail.

Before finalizing your business name, search Georgia's database to ensure no one else is already using it. The Secretary of State website allows you to search existing business names. You should also check the United States Patent and Trademark Office (USPTO) database if you're concerned about trademark conflicts, particularly if you plan to operate beyond Georgia.

An Employer Identification Number (EIN) is a unique nine-digit number assigned by the IRS. You need an EIN if your business has employees, operates as an LLC or Corporation, or files certain tax returns. Even if you're a sole proprietor with no employees, getting an EIN keeps your personal Social Security Number off business accounts and documents. You can obtain an EIN for free through the IRS website (IRS.gov). The process takes just minutes online, and you receive your number immediately. Alternatively, you can apply by mail or phone, though online is fastest.

Practical takeaway: Start by searching the Georgia Secretary of State database to confirm your desired name is available. Once confirmed, register it appropriately for your business structure (DBA for sole proprietorships, Articles of Organization for LLCs). Apply for your EIN online through IRS.gov the same day. This entire process costs less than $150 and takes less than an hour.

Understanding Georgia's Licensing and Permit Requirements

Depending on what your business does, you may need licenses and permits to operate legally in Georgia. These requirements vary dramatically based on your industry, so understanding what applies to you is crucial before you open your doors.

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Most businesses require a Business License from their city or county government. In Georgia's largest cities like Atlanta, Savannah, and Augusta, you'll contact the city Business License office. In unincorporated areas, you'll contact the county. The cost typically ranges from $25 to $500 annually, depending on the city and business type. The application process involves providing your business name, address, type of business, and ownership information. Processing usually takes a few days to a few weeks. Some areas now allow online applications.

Specific industries face additional requirements. If you're opening a food service business (restaurant, catering, food truck), you need a food service permit from your local health department. They'll inspect your facility to ensure it meets food safety standards. Salons and spas need licenses from the Georgia Board of Cosmetology. Construction businesses need licenses from the Georgia Construction Industry Licensing Board. Real estate agents must be licensed through the Georgia Real Estate Commission. Professional services like accounting, engineering, and contracting have their own licensing boards. Childcare facilities need licenses from the Georgia Department of Human Services. Healthcare-related businesses require state licenses.

Before launching, identify which industry category your business falls into. Visit the Georgia Secretary of State website or contact your local city or county government to ask what licenses and permits you'll need. Many municipalities have checklists available online or by phone. Don't skip this step—operating without required licenses can result in fines, closure orders, or legal penalties.

Professional licenses differ from business licenses. If you personally need a professional license (such as a nursing license, contractor's license, or real estate license), you obtain this through the appropriate state licensing board, which is separate from your business license. Professional licenses often require education, exams, experience hours, or continuing education.

Practical takeaway: Create a checklist of your specific licensing needs by contacting your city or county business licensing office and identifying which state regulatory boards oversee your industry. Budget for these costs upfront, and plan for processing time—some licenses take weeks to obtain. Having this information before you spend money on a physical location or inventory prevents costly delays.

Handling Taxes and Setting Up Your Accounting System

Understanding tax obligations from day one prevents problems with the IRS and Georgia Department of Revenue later. Your tax responsibilities depend on your business structure, the number of employees, and your income level.

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All Georgia businesses must register with the Georgia Department of Revenue for tax purposes. You'll obtain a Sales Tax Permit if your business sells tangible goods or certain services. This is free and required before you sell anything. You'll collect sales tax from customers and remit it to the state monthly, quarterly, or annually depending on your sales volume. Current Georgia sales tax is 4%, but cities and counties may add local sales taxes on top of this, bringing the total to 7% or higher in some areas. If you don't collect sales tax when required, you're personally liable for the amount you should have collected.

Income tax reporting depends on your structure. Sole proprietors report business income on their personal tax return (Form 1040, Schedule C). Partnerships file Form 1065 but don't pay entity-level taxes. LLCs can choose to be taxed as a sole proprietorship or partnership (default) or as a corporation. Corporations file Form 1120 and pay corporate income tax. You'll need to pay estimated quarterly taxes if you expect to owe more than $1,000 in taxes. These are due April 15, June 15, September 15, and January 15.

If you have employees, you must withhold federal and Georgia state income taxes and