Business License and Permits

Contents

• State requirements
• State registration and legal structure
• Sales tax number
• Employer Identification Number (EIN)
• Motor vehicle licensing, registration
• Occupational licenses
• Selling to the State of Missouri
• Local license and permits
• Local zoning regulations

Making sure that your business has met all of the licensing requirements can be one of the most difficult tasks for a new business owner. Working through the maze of federal, state and local government regulations can be both confusing and time consuming.

This section is a guide through the process of obtaining necessary licenses and provides information on the most common types of licenses. There is also a special search function that allows you to enter your type of business and obtain a listing of the state licenses, fees, permits and regulations.

It is essential that you also check with your local government, generally the city clerk or county clerk, about local licensing issues.

State requirements

Following is information on state requirements to conduct business in Missouri.

Business name - fictitious name ... how do I get one?

State registration and legal structure

Register the name of your business with the Secretary of State (573) 751-4153 by filing the necessary forms and paperwork. The way to register a name is different for each type of legal structure.

Choices of legal structures are sole proprietorship, partnership, limited partnership, Limited Liability Company (LLC), or corporation. A discussion of the issues involved in the legal formation of your company can be found in the Legal Formation section of "Doing Business in Missouri." The unique registration requirements for each legal structure are outlined below:

• Sole Proprietorship and Partnerships - file a "Registration of Fictitious Name" www.sos.mo.gov/business/corporations/forms.asp.
• Corporations and LLC - file the articles of incorporation or articles of organization (LLC), which can be found at:
  www.sos.mo.gov/business/corporations/forms.asp.
  * Information on federal requirements on LLCs can be found on the web at: www.irs.gov/pub/irs-pdf/p3402.pdf
• S-corporation status - Requires that you form your Missouri corporation or LLC and also file IRS Form 2553: www.irs.gov/pub/irs-pdf/f2553.pdf

Sales tax number

Any business making retail sales must obtain a Missouri Retail Sales License from the Missouri Department of Revenue. A bond, based on projected monthly gross sales, must be posted at the time of application. The minimum bond amount is $25. This is usually posted as a cash bond in the form of a money order to cashier's check. A personal check is not acceptable. Generally, a wholesaler or manufacturer will be required to obtain a seller's valid permit that shows exemption from sales tax for retail purchases.

An application form can be obtained from the Missouri Department of Revenue. A PDF version of the application and instructions is available online: MO Tax Registration Application, DOR-2643.

For assistance with particular tax matters, please contact your nearest Missouri Department of Revenue Taxpayer Services Office, at one of the following locations:

Regular office hours are 8 a.m. to 4:30 p.m., Monday through Friday.

Employer Identification Number (EIN)

Every employer maintaining an office or transacting any business in Missouri and making payment of wages to a resident or nonresident individual must obtain a Missouri Employer Tax Identification Number, which is required by federal law if you are an employer, partnership or corporation. Some entities, such as financial institutions, also require a business to have an identification number. The application form (SS-4) is available from the Internal Revenue Service (IRS). An Online Application - EIN is also available.

Motor vehicle licensing, registration

Missouri state law defines a commercial motor vehicle as a motor vehicle designed or regularly used for carrying freight and merchandise, or more than eight passengers. Vanpools (used to transport employees to and from work) and shuttle buses (used to transport customers to and from your place of business) are not included in this definition and may be registered as "regular" motor vehicles. Under this definition, all trucks are commercial vehicles in Missouri because they are designed to carry freight.

A commercial motor vehicle whose operations are confined solely to a 25-mile area around a single municipality is defined as a "local commercial vehicle." These definitions are used to determine registration fees for the various types of vehicles. Unless your commercial vehicle is licensed for less than 12,000 lbs., and is not regularly used for commercial purposes, you must display the following information on your vehicle or vehicles:

1. The name of the owner
2. The address from which you operate the vehicle, or the number issued to the carrier by the Missouri Division of Transportation
3. If it is a local vehicle, the word "LOCAL."

Licensing: You do not need to have your vehicle inspected if:

• Your commercial vehicle is used for interstate commerce and is registered with the Missouri Highway Reciprocity Commission.
• You have a registration receipt showing that the license plate being renewed was properly transferred within the past six months.
• The vehicle was originally issued a registration for less than one year.
• You are registering a vehicle that has not been in Missouri in the past 60 days.
  

You will need a statement saying that the vehicle has not been in Missouri and that you will have the vehicle inspected within 10 days of bringing it to Missouri. When driving your commercial vehicle, you must abide by Missouri law concerning license plates, license plate lights, load projections from the vehicle, towlines, and slow moving vehicle signs. These laws are found in Chapter 301 of the Revised Statutes of Missouri.

You can find a brief summary of these and other motor vehicle and driving laws in the Missouri Driver Guide, published by the Missouri Department of Revenue. For a copy, contact:

Commercial drivers licensing

Missouri drivers who transport people or property for hire must carry a Class A, B, C or E drivers license. The class you and your drivers require depends on the class of vehicle you intend to use commercially.

If you are hiring drivers who will be driving class A, B or C vehicles, you should obtain a Commercial Drivers Licensing manual.

Occupational Licenses

The state of Missouri licenses or certifies a variety of occupations and activities. The following list provide information on the more common occupations, the administering agency and a phone number for additional information on licensing requirements:

Selling to the State of Missouri

Businesses that wish to sell their product or service to state government agencies, must register with the Office of Administration, Division of Purchasing as a state vendor. Contact the Division of Purchasing at (573) 751-2387 and request a "Vendor's Registration Packet." You will need to indicate if you wish to sell a product or provide a service.

Local license and permits

Contact with local (county, city, township) government agencies early in the planning stages of your business is very important. This contact will provide you with information that is essential to your business operation.

Most cities and some counties require businesses to be licensed. Check with the city or county clerk for the requirements in your community and county. Click here for a listing of County Clerks.

Local zoning regulations

Be sure to check with the local city and/or county planning/zoning department to make sure that the site you have selected for your business is zoned to accommodate the activities of your business. This is especially true if you plan to operate your business from your home.