Owner, Head of Production and Studio Relations
Daniel Martin is a music and film producer, screenwriter and composer. He has produced over 15 full-length records and composed the score for a feature film project called “The Blackout Experiment”.
Daniel has Co-Founder of StartBeat Entertainment, the parent company of ReAmp Studios and Hourglass Independent Records and Films. Daniel is a multi-instrumentalist who studied music production at both Fullerton College and UCLA. His confidence in the recording studio brings a sense of security and creative reinforcement to the artists that trust him to bring their projects to life. Daniel has been published by Perfect Storm Music Group/Sony ATV Music Publishing and his song “Party's On” was featured on a #2 record in Japan with Tomohisa Yamashita (Johnny's Entertainment). He has also worked on projects that have impressed the likes of Grammy Award Winning Producer Rodney “Darkchild” Jerkins (Sam Smith, Michael Jackson, Lady Gaga, Black Eyed Peas) and Mike Elizondo (Warner Brothers, Eminem, Dr. Dre, Fiona Apple, Pink).
Since opening his first studio in 2009, Daniel has produced hundreds of artists including Hot AC Artist of the Year (Los Angeles Music Award Winner) Joanna Pearl, Jason Farol (Duets on ABC with Kelly Clarkson), The Morgan Leigh Band and the soon to be released VIDA. He, along with the team at ReAmp, have hosted and recorded legendary guitar maker Paul Reed Smith (PRS) and Grammy Award Winning bassist Victor Wooten (Dave Matthews Band).
Hopefully you have read my previous blog, “Your Music is a Business”, which is helpful in understanding why you should treat your music as a business. Now you need to figure out how to set up your business and I’m sure you have some questions on how exactly you do this. To be honest, I had those same questions, and finding a step by step guide on how to do it was really difficult to come by. If you haven’t read the first blog yet, you can find it HERE.
We ended up asking people we knew who had formed their own businesses how they set up their FBN’s and their DBA’s and all the other various acronyms you need in order to be recognized as a business. Most people think the process of becoming a business is really complicated and something that might take them a lot of effort and money to make a reality, but the truth is, setting up a business has a couple of steps, and doesn’t take more than a couple hours to do, and isn’t as hard as you might think. Really quick, let’s just go over the types of businesses you should be setting up as a band or artist, just so we’re all on the same page from the last eBook.
This is pretty basic stuff. You can either just call yourself John Doe, or you can be John Doe “Doing Business As” John Doe Music (for the sake of clarity, just replace John Doe with your name to help it make more sense to you). Filing a DBA, “John Doe Music” is necessary when you want to be recognized by your county as someone who is operating a business in that county.
This is also necessary for someone that wants a business checking and savings account. Unlike every other type of filing, Sole Proprietors use their social security number for both personal and business needs since they are considered to be the same person/entity. This type of business is only recognized within your county, and yes, someone outside of your county can also be John Doe Music and the only way to change that is to file your business as an LLC or Corporation, which we’ll talk about in a second.
If you and your friend or friends are in this whole music thing together, you’ll want to form a General Partnership. This isn’t much different from a Sole Proprietor as far as name protection or benefits, but it does allow you to get a debit card with your bands name on it. I know…. that’s awesome.
So let’s just say Paul, George, John and Ringo are in a band called “The Beatles”, they can either go on contributing to the band as individuals and taking their cut when they make money, or they can form a General Partnership and be recognized in their county as “The Beatles”. Now they can get that debit card. Well, almost. In the case of a GP, you would need to file for an EIN number which is essentially a taxpayer identification number to identify your business, just as a social security number is used to identify an individual. Since you have multiple people, this number will be used to identity your business when you file taxes or any other types of governmental forms. Each country will have their own rules and forms for recognizing you as a business, so do your research and figure out what you need for where you live. Now you can open that bank account and get that debit card.
LLC’s AND CORPORATIONS:
We’ve talked about LLC’s and Corporations in the last eBook as well, but those types of entities do require legal help, money and much more time to create, so I just want to focus on the ones that I know you can get done quickly and painlessly. LLC’s and Corporations come with some major benefits and protections that you won’t get as a sole proprietor or general partnership, but until you start making some real money you probably won’t really need to worry about it.
STEP ONE: WHERE’S DO I START?
Step one is knowing what name you want your business to be, and what type of business you plan to operate. Think of it this way, if you’re one person that wants to be seen as a business, you will be a Sole Proprietor. If you are working with one or more partners, then you’ll be filing as a General Partnership. Each one will be set up in a similar way, with just a few extra steps for the General Partnership. Now that you know the type of entity you’ll be, make sure you have a name ready to go. I’d recommend that you have a couple back up names just in case the name you want is already taken. You can do an online search in the county you live in to see if the name you want is already taken. For me, in Orange County California, I’d go to https://efbn.ocgov.com/eFBNweb/ and click the button that says “search”. This is only a county search. If you live in Los Angeles and want the name John Smith Music Group, and I’m in Orange County and wanted the same name, I would be be granted the ability to use it even if there was already a group by the same name In Los Angeles county. This can cause confusion if you use a generic name and multiple sole proprietors or partnerships are using the same name in multiple different counties. Try to be unique to help avoid being confused with these other people or entities. If you decided to file for a Corporation or an LLC, then you’d file with the state you live in. At that point, if the name is not being used, no one else in the state could use that name once you’ve filed. So, at this point you have your business entity type and your name ready to go. Let’s move on!
STEP TWO: WHO IS THE COUNTY CLERK?
Step two involves taking your new business name over to the County Clerk’s office. The County Clerk is someone that is elected into office that handles local elections and doing all of the record keeping for the county. This involves things like marriage certificates, death certificates and you guessed it, fictitious business name filings! The requirements for business licenses may differ by state. To find out what licenses and permits are required in your state, visit the SBA. This resource can tell entrepreneurs what licenses they need to obtain and where they should go to register. In many cases, business owners can apply for their licenses online.
You can easily go to Google and type in the County Clerk’s office for the county you live in or are going to do business in. Whichever one shows up is going to be the one you want to visit. When you go to the County Clerk’s office you want to specifically find the department that handles the filing of business entities. Sometimes these are really small offices that are very self explanatory, and in the case of bigger cities, the Clerk could me embedded somewhere within a huge government building. You’ll have to figure out which floor and which office number is theirs. Since it is 2017, a lot of these offices have been upgraded with multiple computer systems that allow people to do the filings by themselves. Find one of these computers and go to the next step!
STEP THREE: FILING YOUR PAPERWORK
If you’re standing at that Clerk’s office computer and you’re confused, don’t be! This process will be super painless and you’re only about 15 minutes away from being done! You’ll want to create an account on the first screen you see, that way you’ll actually be able to log in from your phone or home computer later if there are any issues with your filing, or if you want to file another FBN later. At this point you should probably do one last name search on their computer just to be 100% sure your name is available. Trust me, if choose a name that’s taken, and then accidentally move onto step three where you pay for it, you won’t get your money back. Then you will have to go through this process again and pay a second time, so pay attention. This is why I keep driving home the point of the name search and how important it is.
After you’ve done the name search you can follow instructions on how to register your new Fictitious Business Name. You’ll just need the basic information like, the business name, your name, an address and phone number for the business, and your social security number in order to file. Check the last page of your filing and make sure everything is spelled correctly and that you have all of the information filled out correctly. If you did, write down the reference number they’ve provided for you and take it to the counter. Time to pay! Usually a FBN costs about $35 to file, so it’s really not that costly at all. The person at the counter will print out your official county filing form, and your receipt. They will also stamp it with the county seal, and now, you’re ready for step four!
STEP FOUR: ADVERTISE YOUR FBN
You’ve done everything right so far, but this one crucial step is something a lot of people don’t follow through with, and it ends up biting in them in the behind later. This step does not happen in the same building as the Clerk’s Office, so it can be really easy to just say, “Oh, I can do this tomorrow”, or “The place I need to go is right by my dentist, I’ll go there next week”. Just leave the Clerk’s Office and head directly to the closest qualified FBN advertisement local that’s available. You would have been given a page of local print companies that advertise the filing of your FBN, when you paid for it. You are now required to run an advertisement in a local publication for 4 weeks to finalize your business filing. IF YOU SKIP THIS STEP, YOU WILL NOT BE RECOGNIZED AS A BUSINESS AND SOMEONE ELSE CAN TAKE YOUR NAME! Sorry for yelling, but it’s true. Don’t skip this step, it’s really important. A lot of people just go to whichever company they’ve heard of before, but that can be a costly mistake. Here in Orange County, we have the Orange County Register as our primary newspaper and advertising there might run you $200.00. The same ad in the “Mission Viejo Times” would have charged you only $45. This is where we work smart, not hard. Save yourself the time and expense of dealing with a large publication, and go with the smallest company on the reference sheet. No matter how you do it, as long as you do it, you’re covered.
STEP FIVE: GENERAL PARTNERSHIP EXTRA!
Remember those pesky extra steps we said you’d have to take if you were a General Partnership instead of a Sole Proprietorship? Well, here we are. It’s not too much more complicated, but when things involve multiple people, everything get’s a little trickier. You need to follow steps one through four as they are above, just make sure each person involved has their information on every form. Unlike an LLC where there is a representative for that LLC, a General Partnership needs all names, addresses and social security numbers of each person that is involved in the business. Once you’ve filed your paperwork, and advertised your FBN as in step four, you will need to file for an EIN.
EIN stands for Employment Identification Number. You are now your own employee. Each member of your business is an employee, and this number you’re getting represents your business and those members as a whole. Same thing as a social security number represents you as an individual, the EIN is what you will use on all things business related, like loan and credit card applications, taxes and W9’s. You can visit https://www.irs.gov/businesses/small-businesses-self-employed/apply-for-an-employer-identification-number-ein-onlineto file your EIN right from your own home. There is a one time $197 filing fee. Now, you’re ready for step six!
STEP SIX: BANK ACCOUNT
What’s the point in starting a business if you don’t plan to make money? If and when you do make money, you’ll want somewhere to keep it. Being able to open a business checking and savings account makes things feel a little bit more real than they did before. Choose your bank, credit union or savings and loan wisely. I usually look to see which bank is offering an incentive, usually some additional cash to join them, and that’s the winner. Now that I know a little more, look at how banks help you with your finances, their online integrations of accounting software, all the way down to how much they charge you for checks all become deciding factors in choosing the best bank for your business. Go talk to three or four different banks and see which one earns your business and your money.
You will need your FBN statement, a copy of your advertisement receipt and if you are a partnership, your EIN number will be required. As a partnership, all members will need to be present at the time of opening an account. Also, if you are in a General Partnership, you should do a “two partners present” withdrawal requirement. This means at least two of you will have to go to the bank if any money is being pulled out of the account for expenses or draws. This can really help ensure that there won’t be any arguments over missing money. Now that you have this bank account, it should be easier for you to keep records of your spending and earning. Depending on the how complicated your tax situation is, you may need the assistance of a tax preparation firm.
That’s it! Now you’re officially a business. Act like one. You’ve come further than most people ever will in the world of entrepreneurship and you should be proud of yourself. You’ve followed the steps to not only setting up your business, but setting yourself up for success! Treat everything you do as a business transaction, and only have the best intentions for your business in mind at all times. Understanding the differences between how you did things as an independent artist, and how you’re going to do things as an aspiring entrepreneur is crucial to the success you want. We will be going over all of these things as the months go by. Your homework right now is to learn about how businesses work, and how you can make the most out of each dollar you spend starting today. In our next ebook “Your Business is Your Baby….Don’t Let it Die”, we will touch on the importance of nurturing your new business and growing it into everything you’ve ever wanted it to be.
We all want the same thing as everyone around us. Health, wealth and happiness. I can help you with two of the three. Understanding that the happiness you feel when playing your instrument, whether it be guitar, drums, piano or vocals, is something that can be turned into a viable business. Don’t get me wrong, we all have thoughts about being a rock star and using our talent to make money, but what we are talking about is something much different. I’m talking about using your talent to make a product, and then using that product to make money. Every business has something for sale. You, your music and your talents are the products you’ve always needed to obtain wealth, you just don’t know how to apply it. Monetizing your music has many levels and if you only have your sights set on the highest level, then you will be really disappointed when things don’t work out for you. Those who can look at themselves as a product of value can start to gradually make money, in small amounts, in a short amount of time. Eventually you can grow that into a sustainable living. You have half of the battle already fought. You are talented, you know that you are talented and you know that talent has value. So what’s missing? You don’t know anything about money and how to make it, or how to run a business. You’re in the right place. Let’s find out more about why your music is a business, and how to turn it into a money making machine like you’ve never imagined.
Let’s start with the basics. Knowing what type of businesses there are will really help you figure out where you land in the world of entrepreneurship. Most musicians are in this for the music and really don’t consider the fact that everything they spend money on to further their music business can reduce their taxable income. These normal expenses can be write offs that save you tons of money. Remember that record you wanted to make in the awesome studio? Now you can.
If you operate on your own, you are a sole proprietor. If you have a partner, you are most likely going to file as a general partnership. These are the most basic types of businesses you can become. Either a sole proprietor or a general partnership don’t run you a lot money to start up. The paperwork can usually be filed in a hour and be recognized by your county government within a month. Make sure you check out our next eBook on setting up your business to get details on exactly how to set this up. Let’s take a closer look at these two types of businesses and how they work.
This is pretty basic stuff. You can either just call yourself John Doe, or you can be John Doe “Doing Business As” John Doe Music (for the sake of clarity, just replace John Doe with your name to help it make more sense to you). Filing a DBA, “John Doe Music” is necessary when you want to be recognized by your county as someone who is operating a business in that county. This is also necessary for someone that wants a business checking and savings account. Unlike every other type of filing, Sole Proprietors use their social security number for both personal and business needs since they are considered to be the same person/entity. This type of business is only recognized within your county, and yes, someone outside of your county can also be John Doe Music and the only way to change that is to file your business as an LLC or Corporation, which we’ll talk about in a second.
If you and your friend or friends are in this whole music thing together, you’ll want to form a General Partnership. This isn’t much different from a Sole Proprietor as far as name protection or benefits, but it does allow you to get a debit card with your bands name on it. I know….that’s awesome. So let’s just say Paul, George, John and Ringo are in a band called “The Beatles”, they can either go on contributing to the band as individuals, taking their cut when they make money, or they can form a General Partnership and be recognized in their county as “The Beatles”. Now they can get that debit card. Well, almost. In the case of a GP, you would need to file for an EIN number which is essentially a taxpayer identification number to identify your business, just as a social security number is used to identify an individual. Since you have multiple people, this number will be used to identity your business when you file taxes or any other types of governmental forms. Now you can open that bank account in the name of the General Partnership and work on getting that debit card.If you and your friend or friends are in this whole music thing together, you’ll want to form a General Partnership. This isn’t much different from a Sole Proprietor as far as name protection or benefits, but it does allow you to get a debit card with your bands name on it. I know….that’s awesome.
LLC’s and Corporations
This is for those who are really planning on making it to the big show. LLC’s and Corporations cost a good amount to money to start up. You will definitely want an attorney to do all of your filing and help with the many elements it takes to form this type of company. These companies usually have a state tax fee they have to pay annually. In the case of California, that is $800. Most bands and artists just coming up haven’t seen this amount of money from their music ever! Once you start to really earn money, incorporating is definitely something you’ll want to do as this helps to protect personal assets and helps shield personal liability as long as the LLC and corporation are run correctly. As an example, the company’s debt is company’s debt, not your personal debt. This is just one example of why it’s important to get to this level, but don’t put the cart before the horse. Start making money first, then spend it.
The benefits of becoming a business are so great that it can help you change the way you operate your band or solo career. The ability to make money and spend money as a company will ultimately help you grow your business. This helps keep everyone on the same page when it comes to money, scheduling, expenses..etc. When John is John and George is George, money floats around, nobody knows where to be and when to be there, and nobody is really in it for the greater good. They just want what’s best for themselves. Forming a businesses and making it known that you have a job to do, and that your friends/band mates/partners also have a job to do is really fulfilling. It brings purpose to your efforts and allows you to schedule creative projects vs. business projects. It can help in creating a well oiled machine that can start to propel you into that area of wealth we talked about in the beginning. Let’s go over some of the fundamental reasons why and how filing as a business can make you wealthy in more detail.
Proper scheduling helps break big tasks into smaller ones that are more easily accomplished. Having a calendar and sticking to it allows you to grow much faster than you ever thought you could. I like the approach of setting a date in the not so far future where you decide a specific goal needs to be completed and work backward from there. Knowing the end date makes it so much easier to figure out what needs to be done, and when it needs to be done by. Sure, you could do this without forming a business, but where’s the accountability? If you are all on that General Partnership filing, you all have purpose to make sure this business thrives. If you want the tax benefits of being a part of this business, I think you and your partners will be far more inclined to do their job.
Speaking of good old Uncle Sam, TAXES! Another great thing about operating your music business like a business is the ability to write off ordinary and necessary expenses against your income. You can’t do that if the IRS considers your music to be a hobby and not a business. When you form a business, you can continue to write off everything you spend that is an “ordinary and necessary expense” as long as you want, but of course, just like an individual, you will also have to show any income you make as well. When you form your business, you need to keep good records. Not just receipts from purchases, but mileage as well. Did you know that you can write off $.52 per mile that you drive for your business?
Of course you didn’t and that’s why you’re here! That’s a lot of money for any artist or band that goes out on tour. Imagine driving 1,000 miles and being able to get over $500 in tax deduction at the end of the year. Pretty cool, but if you don’t log your miles and you get audited, that’s a whole different story. Keep your records. Know what you spent, where you spent it, what you spent it on, and make sure it’s as accurate as it can be. The better you understand where your money goes, the more you’ll be able to get in write offs at the end of the year. Once you have your Quickbooks, or record keeping spreadsheet organized, you’ll file your taxes. A sole proprietor files a Schedule C to account for profits and losses from a business, while the members of a partnership are given a K-1 form to account for that income and losses and that is then filed with their personal taxes. When done properly, losses can be used to income from wages earned at a regular job. Sweet.
Using only one bank account to handle personal and business income and expenses can be very complicated and confusing. You will have a lot of trouble making sense of what you used for business purposes and what you used for personal expenses. By forming a business entity, you can open a savings and checking account for your business and even get that business debit card we talked about earlier. By dividing your personal income and expenses from your business income and expenses things will be much easier to deal with and understand.
That business account is probably looking really nice right about now. The other thing about money is that it’s the one sure thing that everyone wants to argue about. So, if you are dealing with other people as part of a General Partner-ship, you should work out money issues before you even open an account. As income comes into the account, everyone should know that all expenses for the partnership get paid first and then what is left over can be divided among the partners. If everyone knows the ground rules going in, there will be fewer disagreements about money because everyone will have agreed to it beforehand.
Interns, Interns and More Interns
You know what’s really cool? Interns. If you’re an actual business, you can work directly with Colleges and Universities in your area to find interns that are going to school for things that are in the same field as your business. You don’t want a music intern, you want a marketing intern or a social media marketing intern, or an art major, or a music business intern. These are the types of people that can make your day to day easier, but be careful. There are rules and regulations for internships. The most basic rule of interns is that they cannot do jobs that make you money, so while you can have them help with social media for your music, they can’t go book you a show that makes you $500. Having interns is far more important than just having the extra hand, or someone to get your coffee. It’s all about parallel growth and building up other people while building up yourself. You will probably have more to offer your intern that you think. Having the talent you have is an admirable thing, and interns will understand that. Your interns will see that you had the ability to create and run a full time business which they will want to do for themselves one day. This will help raise their level of respect for you and help get their best level of work for your business.
So here we are. You know know that your music is a business and there should be nothing standing in your way from becoming successful. Your understanding of the basic structure of business, scheduling, taxes and money as a whole should be greater than it was before you started this eBook. And if it’s not, don’t worry, we’ll continue to go over these things throughout the entire lesson. Now that you have this as a starting point, motivate yourself and get off your behind. Do something productive and sign up for my email list to get my free eBook “Setting Up Your Business”. It’s a step by step instructional eBook on how to go from an artist, to a company. After you’ve completed that eBook, you should be a business, recognized by your county, with a bank account and that awesome debit card, so that you can then move onto “Your Business Is Your Baby…..Don’t Let It Die”, a guide to nurturing your business. Until next time.
DISCLAIMER: Although the author and publisher have made every effort to ensure that the information in this book was correct at press time, the author and publisher do not assume and hereby disclaim any liability to any party for any loss, damage, or disruption caused by errors or omissions, whether such errors or omissions result from negligence, accident, or any other cause.