Application Checklist for Starting a Contracting Business in Washington, DC

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The final information is subject to the latest release from the following official websites:

• https://beta.business.dc.gov/checklist/?business-type=0590c269-0f9e-ed11-aad0-001dd804ff6e

This high-level checklist is for informational purposes to help you understand the tasks required to start your business. Ready to get started? Create a personalized checklist to walk you through the process and track your application process.

1. DECIDE BUSINESS STRUCTURE

• COST: N/A
• AVERAGE PROCESSING TIME: N/A

Careful consideration should be given to a company’s legal structure.

The information below, provided by the Corporations Division of Department of Licensing and Consumer Protection can provide general information on each organization type, but strongly suggests you contact an attorney and/or an accountant before making a final decision. Ultimately, you must select the structure that best suits your business needs.

Considerations when choosing a corporate structure

2. POLICE CRIMINAL HISTORY REPORT

• COST: $7
• AVERAGE PROCESSING TIME: Up to 10 business days

All applicants for a Basic Business License for an Employee/Salesperson Business, and, in some cases, a Regulated Business must provide a certified copy of his/her Police Criminal History Report from the jurisdiction of residence.

A resident of the District of Columbia may obtain a Police Criminal History Report (PD-70) from the DC Metropolitan Police Department, Police Criminal History Report Division, 300 Indiana Avenue, NW, Room 1075, Washington, DC 20001. Call (202) 727-4245 for details.

A non-resident shall obtain this report from the jurisdiction in which he/she resides.

All of the partners in a partnership, and the president, vice president, secretary, and treasurer of a corporation must provide a Police Criminal History Report along with any salespersons. The report must be no older than 30 days from the time of application. Please provide court documentation/dispositions regarding any criminal conviction(s) to avoid delay in the review of your application.

Request a criminal history report (DC MPD)

3. CORPORATE REGISTRATION

• COST: $80-220
• AVERAGE PROCESSING TIME: 1-15 business days

To operate in the District of Columbia as one of the following business types:

• a nonprofit and for-profit corporation,
• limited liability company,
• limited partnership,
• limited liability partnership,
• general cooperative association,
• limited cooperative association and
• statutory trust,

you must register via CorpOnline with Superintendent of Corporations of Corporations Division of the Department of Licensing and Consumer Protection.

For other types of businesses, like below, do not need to register.

• Sole proprietors
• General partnership
• Unincorporated Condo association;
• Unincorporated nonprofit association.

Register your organization

4. TRADE NAME REGISTRATION (“DOING BUSINESS AS”)

• COST: $55
• AVERAGE PROCESSING TIME: 1-15 business days

To benefit the business community, the District of Columbia allows registration and use of a trade name, a business name which is different from your true name, if you are an individual, or from your corporation, partnership, or company name. The name used for your registered entity (i.e., corporation, partnership, LLC, etc.) does not need to be registered as your trade name; your registered entity name is considered to be your business’ true name.

The benefits of registering your business name include:

• Using fictitious or shortened business names in conducting business, including transacting business with vendors and financial institutions (For example: use of fictitious names such as “Scarves by Sandra,” or use of a shortened version of a corporate name such as “Fullerton’s” for “The Fullerton Corporation”)
• Providing official records of all owners associated to a business name
• Allowing entities with business names to undertake legal action under that name

Definition of Trade Name

A trade or fictitious name is any name used in business that does not include the full legal name of all the owners of the business. Your trade name is different from your corporate name; your business may have only one corporate name but as many trade names as you desire. “Trade name” means a word or name, or any combination of a word or name, used by a person to identify the person’s business which:

• (A) Is not, or does not include, the true and real name of all persons conducting the business; or
• (B) Includes words which suggest additional parties of interest such as “company,” “and sons,” or “and associates.”

Register your trade name (DBA)

5. FEDERAL EIN

• COST: $0
• AVERAGE PROCESSING TIME: 1-20 business days

An EIN is needed by many businesses to allow the IRS to associate business taxpayers to tax fillings.

Generally, you will need an EIN if you answer yes to any of the following questions:

• Do you have employees?
• Do you operate your business as a corporation, LLC, or partnership?
• Do you file any of these tax returns: employment excise; or alcohol, tobacco, and firearms?
• Do you withhold taxes on income, other than wages, paid to a non-resident alien?
• Do you have a Keogh plan? (a tax-deferred pension account)?
• Are you involved with an of the following: trusts (except certain grantor-owned revocable trusts), individual retirement accounts, exempt organization business income tax returns, estates, real estate mortgage investment conduits, non-profit organizations, cooperatives, or plan administrators?

What you’ll need to apply:

• Details on your business structure (type of organization, your role, etc.)
• Address information for your business
• Employee information (number expected, first date wages were paid, etc.)
• Details about activities of your business (principal activity, etc.)

Where to apply?

You can apply for an EIN with the IRS online, by fax, or by mail. To register online, use the IRS EIN Assistant. To apply by fax or mail, review the IRS instructions for details.

Apply online at IRS.GOV

6. DISTRICT BUSINESS TAX REGISTRATION

• COST: $0
• AVERAGE PROCESSING TIME: 3-5 business days

Combined Registration Application for District of Columbia Business Taxes/Fees/Assessments

You will need the following information to complete the online tax registration form:

• Your Federal Employer Identification Number (FEIN), Individual Taxpayer Identification Number (ITIN) and/or Social Security Number (SSN)
• Note: Your ID Type (e.g. FEIN, SSN, or ITIN), determines which tax accounts your business is eligible for when completing the FR-500.
• When registering a business with a SSN or ITIN, your eligible tax accounts are:
  • Sales & Use Tax
  • Specialized Sales
  • Street Vendor
  • Ballpark Fee
  • Personal Property Tax
  • Sports Wagering Tax
• All other tax accounts will require your business to register with a FEIN.
• Business Name and Trade name must be registered and/or updated with DLCP. Also, ITINS may not be used with the following tax accounts:
  • Corporate Franchise
  • Withholding Wage
  • Withholding Non-Payroll
• Your legal form of business (e.g. partnership, corporation, sole proprietor)
• Your primary business address and the addresses for all locations where you will collect sales tax in the District of Columbia
• The names, titles, home address, SSN and/or ITIN of the proprietor, partners, or principal officers (required)
• The former entity information if previously registered with the District of Columbia

If you’re a special event promoter hosting an event with at least 50 vendors, please use the How to Register a Special Event Form FR-500B Guide.

The following documents must be attached based on the type of business registering for the FR-500:

This is for new registrations only. To make updates to an existing business account (The addition of a Corporate Franchise account requires a new registration) or to submit a web message, please log in to your MyTax.DC.gov account. Should you need further assistance, you may submit an email to the Office of Tax and Revenue’s e-Services Unit (OTR) at [email protected] or call (202) 759-1946.

DC Business Tax Registration

7. CERTIFICATE OF CLEAN HANDS

• COST: $0
• AVERAGE PROCESSING TIME: Varies

The District of Columbia “Clean Hands” mandate (DC Code § 47-2862) stipulates that individuals and businesses are to be denied city goods or services (e.g. licenses, permits, grants, contracts) if there is a debt owed to the District of Columbia of more than $100 for fees, fines, taxes, or penalties; and/or failure to file required District tax returns.

The Office of the Chief Financial Officer, Office of Tax and Revenue (OTR) facilitates administration and compliance of the Certificate of Clean Hands (CCH) mandate by providing individuals and businesses online self-service capability to generate or, in certain circumstances, request a “Clean Hands” certificate.

How do I request a Certificate of Clean Hands (CCH)?

Certificate of Clean Hands can be requested via OTR’s online portal, MyTax.DC.gov.

If you are a District of Columbia individual or business taxpayer, you must log-in to your MyTax.DC.gov account to generate the request.

If you do NOT have a MyTax account and are required to pay District of Columbia taxes (business or individual), you must first create a MyTax.DC.gov account. Once the account has been created, you can utilize the self-service feature to execute the request.

If you are not required to pay District of Columbia taxes and require a Certificate of Clean Hands, a manual request can be requested here.

What is evaluated when I request a Certificate of Clean Hands via the MyTax.DC.gov online portal?

The Clean Hands process assesses a taxpayer’s accounts with the Office of Tax and Revenue (OTR) and the Department of Employment Services for liabilities and unfiled returns.

Does a MyTax issued Certificate of Clean Hands have an expiration date?

A Certificate of Clean Hands represents your compliance status at the point-in-time the certificate is issued. Accounts balances can (and do) change through the passage of time and events. For this reason, functionality has been built into the system that allows agencies to confirm the authenticity of a presented certificate as well as to receive an up-to-date compliance status; however, for non-resident applicants, the Certificate of Clean Hands will expire 90 days from the date of issuance. Once the Certificate of Clean hands has expired, applicants must re-apply on MyTax.DC.gov.

Certificate of Clean Hands

8. CERTIFICATE OF OCCUPANCY

• COST: Varies
• AVERAGE PROCESSING TIME: 1-10 business days

The purpose of a Certificate of Occupancy (“COO” or “C of O”) is to ensure that the use of a building, structure or land in the District of Columbia conforms to the Zoning Regulations (DCMR Title 11) provisions of the DC Construction Codes, and the Green Building Act. In most cases, no person can use a building, structure or land in the District of Columbia for any purpose other than a single-family dwelling, until a valid Certificate of Occupancy has been issued.

Building Permit Fee Schedule

Source: https://dob.dc.gov/node/1620346

Certificate of Occupancy

9. HOME OCCUPATION PERMIT

• COST: $72.60
• AVERAGE PROCESSING TIME: Varies

A home occupation is a business, profession or other economic activity conducted full- or part-time in the principal residence of the person conducting the business. This permit is required for operating a business from your home.

• You must live in the District of Columbia
• The home must be your primary residence

Conditions for Home Occupation Permits

A few, but not all, of the basic conditions for a home occupation permit include:

• No more than 25 percent of the dwelling’s floor area, or 250 square feet, can be used;
• No more than two employees who are not dwelling residents, with the exception of child development homes and home offices for physicians and dentists;
• No structural alterations to the dwelling’s interior, if they would make it difficult to return the dwelling to exclusive residential use;
• No more than two vehicles can be used;
• No more than eight (8) trips to the premises daily by visitors, customers and delivery persons;
• No more than eight (8) clients on the premises in any one-hour period;
• No parking or storage of commercial vehicles;
• One exterior sign, unlit and flush-mounted, of no more than 144 square inches; and
• Commercial food preparation activity is not considered a home occupation.

Get a home occupation permit

10. CERTIFICATE OF LIABILITY INSURANCE

In order to be eligible for any class general contractor license or home improvement contractor license, you must have commercial general liability insurance with the minimum coverage outlined below for bodily injury or property damage arising in any way from the issuance of the license. The Certificate of Insurance must be issued by an insurer authorized to insure in the District with a credit rating of B+ or higher by A.M. Best Company. On the Certificate of Liability, the holder of the policy should read as follows:

Department of Licensing and Consumer Protections
1100 4th Street, SW
Washington, DC 20024

Liability Insurance Coverage Requirements

• The Class A General Contractor License, which has no limitation to the value of any single project, must have minimum coverage of $2,500,000 per occurrence (primary or umbrella) for bodily injury and property damage arising in any way from the issuance of the license.
• The Class B General Contractor License, which the value of any single project cannot exceed $10,000,000, must have minimum coverage of $1,500,000 per occurrence (primary or umbrella) for bodily injury and property damage arising in any way from the issuance of the license.
• The Class C General Contractor License, which the value of any single project cannot exceed $5,000,000, must have minimum coverage of at least $500,000 per occurrence and $1,000,000 in the aggregate combined single limit for bodily injury and property damage arising in any way from the issuance of the license.
• The Class G General Contractor License, which the value of any single project cannot exceed $2,000,000, must have minimum coverage of at least $500,000 per occurrence and $1,000,000 in the aggregate combined single limit for bodily injury and property damage arising in any way from the issuance of the license.
• The Class H General Contractor License, which the value of any single project cannot exceed $500,000, must have minimum coverage of at least $500,000 per occurrence for bodily injury and property damage arising in any way from the issuance of the license.
• The Home Improvement Contractor Licensemust have minimum coverage of $50,000 for bodily injury or death of any one person in any single accident, $100,000 in the aggregate for more than one person in any single accident, and $10,000 property damage in any single accident.

DLCP Insurance Education Center

11. SAMPLE CONTRACT

When applying for your business license, you will be required to provide a copy of the contract you will present to customers. Any contract presented to customers in the District of Columbia require a Buyer’s Right to Cancel section, which allows the customer to cancel the agreement by mailing a notice to the seller.

If you are applying for a Home Improvement Contractor license, three copies of this contract will be required when applying for your license.

DLCP Sample Contract

12. HOME IMPROVEMENT SALESPERSON DESIGNATION LETTER

All applicants for a Basic Business License for a Home Improvement Contractor, must fill in and sign a Home Improvement Salesperson Designation Letter indicating who will be authorized to sign contracts pertaining to this business.

Home Improvement Salesperson Designation Letter

13. SURETY BOND

All applicants for a Basic Business License for a Home Improvement Contractor must post a Home Improvement Surety Bond in the amount of $25,000 for the duration of the two-year license period. This could be covered by the insurance company you have your liability insurance coverage under or by meeting with someone in the DLCP’s business licensing division to provide a cashier’s check of $25,000 along with the Home Improvement Surety Bond form found here.

Home Improvement Surety Bond Form

14. BASIC BUSINESS LICENSE

• COST: Varies depending on the license
• AVERAGE PROCESSING TIME: Varies up to 30 business days

Business activity in and/or to the District requires owners/operators to be licensed according to the business activity conducted (e.g. convenience stores, home improvement contractors, residential rentals, restaurants).

Each licensed activity has a set of requirements, see categories below, but all licenses have to complete the four requirements outlined in the Steps to Obtain a Basic Business License.

Major license categories:

• Beauty & Grooming Services
• Charitable Services
• Employee/Independent Salesperson Licenses
• Employment Services
• Entertainment Services
• Flammable Product Sales & Services
• Food Services
• General Sales/Services Business
• Health Services
• Lodging
• Rental Housing
• Regulated Businesses

For each category, other than the last category (“Regulated Businesses”), the requirements are identical for all licenses in that category. However, the fee schedule may vary depending on the type of license.

Get a business license

15. HOME IMPROVEMENT SALESPERSON LICENSE

• COST: $154
• AVERAGE PROCESSING TIME: 5-10 business days

All salespersons for a home improvement contracting business who are authorized to sign contracts pertaining to this business require a Home Improvement Salesperson business license. When applying for this business license, each person should be prepared to provide the following:

• Three Digital Passport Photographsfollowing guidelines listed here.
• The BBL Affidavitfound here filled in and notarized.
• The Home Improvement Designation Lettersubmitted by the business owner when they applied for the Home Improvement Contractor license.
• A copy of the applicant’s driver’s license or non-driver’s identificationcontaining the applicant’s name, current address, and photograph.
• A certified copy of his/her Police Criminal History Reportfrom the jurisdiction of residence.

To apply for the Home Improvement Salesperson business license, go to the My DC Business Center.

Home Improvement Salesperson License