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What you need to know before starting your business

Reading time: 12 minutes

From the definition of the best tax regime to the choice of the place where the company will operate, passing through the composition of the company, it is necessary to pay attention to innumerable details before launching your product or service on the market. See some of them below.


Developing a business plan is a fundamental step

The document should describe the objectives you want to achieve with the business and what strategies should be used to achieve them, assuming the least possible risk. During the preparation of the plan, the entrepreneur must carry out in-depth research on the segment in which he intends to operate, the consumer market, possible suppliers, etc. This study is essential for success in subsequent steps. After all, it will be possible to predict problems and challenges in advance, based on objective data. In practice, the business plan is an analysis of the viability of the company and, therefore, it should help answer the following questions:

• What is the business? (name, mission, activity sector, legal form, fiscal framework, etc.)
• What are the main products and / or services that the company will offer to the market?
• Who will be your main customers?
• Where will the company be located?
• How much capital will be necessary to invest?
• What will be the projected monthly billing? And the profit? How long will it take to return the invested capital?


Another point that you should include in your initial planning is the SWOT matrix (strengths, opportunities, weaknesses and threats), a tool that will help you evaluate the internal and external factors that can impact your business. With this you will have more subsidies. concrete ways of making decisions, now and when the company is already in operation, which helps to minimize errors in the operation. Industry is defined by the type of product or service sold. When preparing your own business plan, it is necessary to define in which sectors of the economy the productive activity of your company fits: agriculture, industry, commerce or provision of services.

• Agriculture includes activities for the production of vegetables, breeding and / or treatment of animals. Some examples are the cultivation of soybeans, beekeeping and livestock.

• In the industry sector, the main objective is to transform raw materials into finished products, using machines or not. In this group are the companies that manufacture
furniture, auto parts, clothing, among others.

• Commerce is characterized by the sale of goods directly to the consumer or to another company. They can be coffee shops, clothing stores, car shops, etc.

• Organizations dedicated to providing services, instead of delivering goods, offer their own work to the final consumer or to another company. That’s the thing with a school or a marketing agency, for example.


It is also necessary to define economic activity

All types of companies need to standardize their activities in accordance with the National Classification of Economic Activities (CNAE). To consult it, simply go to: www.cnae.ibge.gov.br. Finding the most appropriate activity for your business is essential to ensure that the company has the appropriate tax framework (some activities cannot be classified under the Simples Nacional regime, for example), in addition to benefits and bonuses related to the activity profile ( as specific tax incentives). In the case of Simples Nacional, it is the CNAE that will establish the rate to which the company will be subject. Another important detail is that CNAE defines the operations that the company can carry out. That is why some organizations decide to work with a main CNAE and some secondary ones. In this strategic decision, it is important to have the support of an accountant, who will indicate the best options.

The legal qualification determines the responsibility of the entrepreneur

This qualification will define the way in which the company is treated by the government and also the way in which it is legally related to third parties, whether they are customers or suppliers. The most common legal forms are:

• Individual Microentrepreneur (MEI) – indicated for the self-employed. The entrepreneur classified as MEI can have CNPJ, issue tax invoices
and contribute to Social Security. However, to continue in this category of company, annual sales cannot exceed R $ 81,000.


• Individual Entrepreneur (EI): It is also a rating attributed to the individual who is self-employed. The main difference in relation to the MEI is that, if the company is registered in the Simples Nacional (see topic on tax regime), it can have annual income of up to R $ 360 thousand to be considered Micro-Enterprise (ME) and up to R $ 4, 8 million to be considered a small business (EPP). In this case, if there are debts, the
The personal assets of the employer can be used by the courts to remedy them, since the personal and social capital are unified.

Note: MEI, ME and EPP billing limits, defined by law, are changed from time to time.


Note: Law 14.195 / 21, published on 08.27.2021 in the Official Gazette of the Federation, establishes the termination of the Individual Limited Liability Company (EIRELI). According to the norm, all the companies registered in this modality will automatically become a Unipessoal Limited Company (SLU).

• Limited partnership: partnership formed by at least two partners. In this case, all are responsible for the capital stock and the debts incurred, according to the value of the shares paid. However, in the event of bankruptcy or closure of the company, the personal assets of each partner are protected.


• Sociedade Anônima (S.A.) – is a collective action company, formed by two or more partners, whose capital is divided into shares. In this format, partners are
calls from shareholders and they are responsible for the company (including its debts) according to the amount of the value of the shares purchased or subscribed


• Non-governmental organization (NGO)
– unlike companies, it is not for profit, in addition to being characterized by acting on behalf of public interests
and not personal (of an entrepreneur or a group of partners). However, to be officially and legally recognized, the NGO must be qualified as a Civil Society Organization of Public Interest (Oscip). In this condition, you can establish alliances and receive donations from governments or even companies.



A correct fiscal framework is essential

In general, companies are classified according to size and annual income into: micro, small, medium and large companies. It is important that they are framed correctly so that all taxes owed are collected, thus avoiding problems with Income and, at the same time, preventing the employer from paying taxes expendable, which would represent a loss. It is important that the choice is made with the support of the accountant, since the best alternative for each company may vary depending on the field of activity, income, the amount of operating expenses, among other factors. Therefore, it is essential to carry out a careful analysis before making the decision.


Members must be chosen with discretion


For entrepreneurs who are going to work with one or more business partners, defining with whom the partnership will be held is another important point. Some topics deserve a more extensive reflection, which can be started from guiding questions such as:


• Do the partners have the same business purposes?
• What tasks will each one carry out and what will be the degree of individual autonomy?
• Is there consensus on points that are usually critical, such as the amount of remuneration, the distribution of earnings, the possibility of hiring family members as employees, etc.?
• Does the future partner have any kind of pending with agencies such as the Federal Treasury, the State Treasury and Social Security? It should be noted that restrictions of this type can prevent the opening of the company or even harm the relationship with suppliers and banks, making it difficult to access credit.


Important

Spouses can be partners only if they are not married under a common system or universal separation of property. However, before incorporating the company, it is advisable to enter into a contract the obligations of the parties in the event of separation, so that the dissolution of the marriage does not make the continuity of the company’s operations unfeasible.


The articles of incorporation formalize the Company

Once the corporate profile of the company and the agreement between the partners have been defined, the next step is the preparation of the articles of incorporation, which is the most important document of the company, similar to the RG for individuals. The document is required to open a legal account, to obtain credits and even to issue invoices and other documents that are part of the day-to-day running of the organization. The contract must specify the purpose of the company, the activities carried out, the description of the bases on which the company was established and the division of shares. It is possible to obtain a model from the State Board of Commerce in which


The company operates, however, the analysis of a specialist and the creation of a document customized to the reality of each organization is highly recommended. The ideal is that
All the clauses are in accordance with the most current legislation, even to avoid future losses to the partners and the company.


The point must be strategic

Depending on the field of activity, the choice of location can significantly affect the results to be obtained. In the case of commercial property, for example, facilities play a major role in the success or failure of the business. But some questions


they need to be analyzed, whatever the nature of the business. If the property is rented, for example, the contract must be evaluated in detail and the payment terms must be compatible with the expenses foreseen for that purpose. It is also necessary to request or verify the operating licenses (such as Preliminary Operation and Sanitary Surveillance License, Environmental License, Fire Department Inspection) compatible and mandatory, depending on the type of property and the activity that will be
exercised on the site. Regarding the location, the ideal is to visit the point at least three times, at alternate times, to verify the movement of people and vehicles, the conditions of
security and even the services available in the immediate vicinity, such as the offer of parking, for example.


In the case of commercial or service companies, it is essential to verify the market potential, the presence of competitors, urban planning legislation, public transport infrastructure, ease of access and the fluidity of road traffic, among other important points. .
Regarding industries, the proximity of suppliers and main consumers, the availability of qualified labor, the supply of public services (energy electricity, for example), weather conditions, economic and fiscal incentives offered by local government, and even land use legislation are factors that can weigh much more when choosing.


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