GFY lawyers, in here!

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  • Sid70
    Downshifter
    • Dec 2002
    • 16413

    #1

    GFY lawyers, in here!

    I'm about to form an LLC in Delaware. I was told about $250 franchise fee, $167 Registrered Agent fee, $377 Initial formation fee that should give me the kit and all the papers required including EIN.

    Questions are:

    1. I need to pay franchise tax and registered agent, registered agent is not a problem but $250 yearly tax should be paid off my company account most likely. Do I need to obtain any business license at all if I only send money to my Delaware LLC to pay that tax?

    2. Are there any other HIDDEN Government fees ?

    THanks!
    Русня, идите нахуй!
  • bean-aid
    So Fucking Banned
    • Jun 2011
    • 16493

    #2
    Delaware must suck to form an LLC. Never heard of a $250 yearly fee to open up a business.

    Comment

    • Sid70
      Downshifter
      • Dec 2002
      • 16413

      #3
      Originally posted by beaner
      Delaware must suck to form an LLC. Never heard of a $250 yearly fee to open up a business.
      its a yearly Franchise Tax.

      http://www.bizfilings.com/delaware/o...uirements.aspx
      Русня, идите нахуй!

      Comment

      • woj
        <&(©¿©)&>
        • Jul 2002
        • 47882

        #4
        you will likely need to file some federal tax forms as well and possibly some with Delaware as well... so put aside few bucks for an accountant to prepare those for you... what forms, etc, depends on what you are trying to accomplish with that Deleware LLC?
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        • iSpyCams
          Amateur Gynecologist
          • May 2009
          • 4436

          #5
          I used incnow.com it was a lot cheaper. Just got my bill today for the RA fee, its only 90 annually. I didnt pay that much for the "information package" either, though I did pay a little extra to put a rush on it, iirc.

          As to the 250 annual franchise fee, this is dirt cheap if you realize it is in lieu of any state corporate income tax. (unless you do business in Delaware)
          - As soon as I think up a good sig it's going here.

          Comment

          • Sid70
            Downshifter
            • Dec 2002
            • 16413

            #6
            Originally posted by pompousjohn
            I used incnow.com it was a lot cheaper. Just got my bill today for the RA fee, its only 90 annually. I didnt pay that much for the "information package" either, though I did pay a little extra to put a rush on it, iirc.

            As to the 250 annual franchise fee, this is dirt cheap if you realize it is in lieu of any state corporate income tax. (unless you do business in Delaware)
            I dont do any biz in Delaware.
            Русня, идите нахуй!

            Comment

            • Sid70
              Downshifter
              • Dec 2002
              • 16413

              #7
              Originally posted by woj
              you will likely need to file some federal tax forms as well and possibly some with Delaware as well... so put aside few bucks for an accountant to prepare those for you... what forms, etc, depends on what you are trying to accomplish with that Deleware LLC?
              Only incoming $$ to cover FT ... no activity.
              Русня, идите нахуй!

              Comment

              • woj
                <&(©¿©)&>
                • Jul 2002
                • 47882

                #8
                Originally posted by Sid70
                Only incoming $$ to cover FT ... no activity.
                $250 will have to come from somewhere = "income"
                so my guess some forms will have to be filed...

                what scam are you trying to run?
                seems unusual that the only "activity" will be wiring $250 to it, so you can pay franchise fee....
                Custom Software Development, email: woj#at#wojfun#.#com to discuss details or skype: wojl2000 or gchat: wojfun or telegram: wojl2000
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                • Sly
                  Let's do some business!
                  • Sep 2004
                  • 31376

                  #9
                  As an American, I would not do this without consulting an accountant. As a non-American, I would not even think about doing this without consulting an accountant.

                  Best of luck.
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                  • Sid70
                    Downshifter
                    • Dec 2002
                    • 16413

                    #10
                    Originally posted by woj
                    $250 will have to come from somewhere = "income"
                    so my guess some forms will have to be filed...

                    what scam are you trying to run?
                    seems unusual that the only "activity" will be wiring $250 to it, so you can pay franchise fee....
                    Fantasies, bro, how about you get real?
                    I think a zero income also requires filing....
                    Last edited by Sid70; 11-06-2013, 07:07 AM.
                    Русня, идите нахуй!

                    Comment

                    • iSpyCams
                      Amateur Gynecologist
                      • May 2009
                      • 4436

                      #11
                      Incorporating an LLC in Delaware is a standard first step for a new marketing venture. Low taxes, strong corporate laws and good asset protection. A huge number of US corporations are incorporated in Delaware for this reason. There is nothing illegal or even shady about it.

                      Usually my accountants have advised me to use a personal check from a personal account to open a new venture, not a corporate check from an existing business. I am not a lawyer or an accountant and I don't know what your guys would advise you in this case.
                      - As soon as I think up a good sig it's going here.

                      Comment

                      • Sid70
                        Downshifter
                        • Dec 2002
                        • 16413

                        #12
                        Originally posted by pompousjohn
                        Incorporating an LLC in Delaware is a standard first step for a new marketing venture. Low taxes, strong corporate laws and good asset protection. A huge number of US corporations are incorporated in Delaware for this reason. There is nothing illegal or even shady about it.

                        Usually my accountants have advised me to use a personal check from a personal account to open a new venture, not a corporate check from an existing business. I am not a lawyer or an accountant and I don't know what your guys would advise you in this case.
                        If i get payments from the clients based in Cali, NY, LA will i need to re-incorporate in several states?
                        Русня, идите нахуй!

                        Comment

                        • vdbucks
                          Monger Cash
                          • Jul 2010
                          • 2773

                          #13
                          As an LLC, opened in Delaware, the business itself does not pay taxes. You have to file but as the sole owner, or even in a partnership, there are no profits because any money left over at the end of the year goes to the owner(s) and the business itself files as breaking even at zero.

                          The business also pays no state taxes -- unless you do business in Delaware physically, but I'm not sure how that side works -- either.

                          The owner(s) however, gets "double taxed". Meaning that you pay both personal taxes as well as self employment tax on the same income from the business.

                          Comment

                          • Sid70
                            Downshifter
                            • Dec 2002
                            • 16413

                            #14
                            Originally posted by vdbucks
                            As an LLC, opened in Delaware, the business itself does not pay taxes. You have to file but as the sole owner, or even in a partnership, there are no profits because any money left over at the end of the year goes to the owner(s) and the business itself files as breaking even at zero.

                            The business also pays no state taxes -- unless you do business in Delaware physically, but I'm not sure how that side works -- either.

                            The owner(s) however, gets "double taxed". Meaning that you pay both personal taxes as well as self employment tax on the same income from the business.
                            Im not a US resident, will they ask me to pay PIT in the company if there are profits?
                            Not doing anything in Delaware physically, so FT only I guess.
                            Русня, идите нахуй!

                            Comment

                            • Sid70
                              Downshifter
                              • Dec 2002
                              • 16413

                              #15
                              Originally posted by Sly
                              As an American, I would not do this without consulting an accountant. As a non-American, I would not even think about doing this without consulting an accountant.

                              Best of luck.
                              US based accountant of course, any refs?
                              Русня, идите нахуй!

                              Comment

                              • vdbucks
                                Monger Cash
                                • Jul 2010
                                • 2773

                                #16
                                Originally posted by Sid70
                                Im not a US resident, will they ask me to pay PIT in the company if there are profits?
                                Not doing anything in Delaware physically, so FT only I guess.
                                Are you an American citizen?

                                You can claim exemption on PERSONAL tax, so long as you spent 360 days (double check that number) outside of the US.

                                You still have to pay SELF EMPLOYMENT tax, regardless.

                                Oh, and the gov doesn't ask you to pay taxes, it demands that you pay them, and if you refuse, they come after your bank accounts.
                                Last edited by vdbucks; 11-06-2013, 08:05 AM.

                                Comment

                                • prezzz
                                  Confirmed User
                                  • Jul 2004
                                  • 959

                                  #17
                                  Originally posted by Sid70
                                  Im not a US resident, will they ask me to pay PIT in the company if there are profits?
                                  Not doing anything in Delaware physically, so FT only I guess.
                                  You should get in touch with a good accountant or tax lawyer in your current location. As a non-US resident you may be obliged to pay personal income tax locally for the amount you transfer out from your Delaware-based business.

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                                  • Sid70
                                    Downshifter
                                    • Dec 2002
                                    • 16413

                                    #18
                                    Originally posted by prezzz
                                    You should get in touch with a good accountant or tax lawyer in your current location. As a non-US resident you may be obliged to pay personal income tax locally for the amount you transfer out from your Delaware-based business.
                                    I have read about that, looks like being a non resident makes me pay PIT at the income source... at the Delaware co.
                                    Русня, идите нахуй!

                                    Comment

                                    • 96ukssob
                                      So Fucking Banananananas
                                      • Mar 2003
                                      • 12991

                                      #19
                                      first, why are you trying to file in Delaware? that old tax loop hole has long closed up and the only advantage DE offers over some other states is liability protection if you are in a partnership.

                                      if you're looking to fly under the radar, I'd suggest another state that isn't a dead give-a-way of something shady about to happen.

                                      I'm not sure on the laws, but pretty sure you need to have a physical address for form an LLC, or any entity for that matter. In PA you do, and same with CA.

                                      Besides paying tax for no reason, why are you doing this?
                                      Email: Clicky on Me

                                      Comment

                                      • Sid70
                                        Downshifter
                                        • Dec 2002
                                        • 16413

                                        #20
                                        Originally posted by bossku69
                                        first, why are you trying to file in Delaware? that old tax loop hole has long closed up and the only advantage DE offers over some other states is liability protection if you are in a partnership.

                                        if you're looking to fly under the radar, I'd suggest another state that isn't a dead give-a-way of something shady about to happen.

                                        I'm not sure on the laws, but pretty sure you need to have a physical address for form an LLC, or any entity for that matter. In PA you do, and same with CA.

                                        Besides paying tax for no reason, why are you doing this?

                                        Its a fixed yearly fee LLC, barely made to operate but close a deal to buy another company in other country, a new owner... I'm after the cheapest and easiest solution, Belize and other stuff looks more expensive to me... unless i dont know something...

                                        May be its better to get a Belize offshore do the same?
                                        Русня, идите нахуй!

                                        Comment

                                        • Grapesoda
                                          So Fucking Banned
                                          • Jul 2003
                                          • 46238

                                          #21
                                          Originally posted by Sid70
                                          $800 in California I think...

                                          Comment

                                          • Markul
                                            Likes Pie
                                            • Dec 2007
                                            • 12403

                                            #22
                                            Originally posted by Sid70
                                            Its a fixed yearly fee LLC, barely made to operate but close a deal to buy another company in other country, a new owner... I'm after the cheapest and easiest solution, Belize and other stuff looks more expensive to me... unless i dont know something...

                                            May be its better to get a Belize offshore do the same?
                                            What did you end up picking?
                                            But.... I pulled out...

                                            Comment

                                            • postalsex
                                              Confirmed User
                                              • Dec 2013
                                              • 400

                                              #23
                                              Originally posted by Sid70
                                              Its a fixed yearly fee LLC, barely made to operate but close a deal to buy another company in other country, a new owner... I'm after the cheapest and easiest solution, Belize and other stuff looks more expensive to me... unless i dont know something...

                                              May be its better to get a Belize offshore do the same?
                                              You should not get the cheapest solution but the one that will serve your needs best. for a few hundred dollars difference you will be stuck with that structure for years to come and it is worth invested to get the right one not the cheapest one. Good Luck!
                                              Best Converting CAMS

                                              Comment

                                              • Sid70
                                                Downshifter
                                                • Dec 2002
                                                • 16413

                                                #24
                                                Originally posted by Markul
                                                What did you end up picking?
                                                Delaware is ok.
                                                Русня, идите нахуй!

                                                Comment

                                                • baddog
                                                  So Fucking Banned
                                                  • Apr 2001
                                                  • 107089

                                                  #25
                                                  Originally posted by Sid70
                                                  If i get payments from the clients based in Cali, NY, LA will i need to re-incorporate in several states?
                                                  No 4,6,8

                                                  Comment

                                                  • Sid70
                                                    Downshifter
                                                    • Dec 2002
                                                    • 16413

                                                    #26
                                                    Originally posted by baddog
                                                    No 4,6,8
                                                    I'm puzzled enough.
                                                    Русня, идите нахуй!

                                                    Comment

                                                    • ottopottomouse
                                                      She is ugly, bad luck.
                                                      • Jan 2010
                                                      • 13177

                                                      #27
                                                      Originally posted by Sid70
                                                      I'm puzzled enough.
                                                      The message you have entered is too short. Please lengthen your message to at least 8 characters.
                                                      ↑ see post ↑
                                                      13101

                                                      Comment

                                                      • JustDaveXxx
                                                        I AM JUSTDAVE !
                                                        • Feb 2005
                                                        • 4111

                                                        #28
                                                        What is it that you do?

                                                        Where are your checks coming from?

                                                        Where do you live?


                                                        I have a Wyoming Corp set up. I have a DBA in California.

                                                        I also have a "Doing business as a foreign company set up in California. I also pay State taxes in California.


                                                        I also have it set up where someone else is the President with a physical address in Wyoming with a phone number and mail forwarding system.


                                                        Why? Not that i want to avoid paying taxes. Not trying to skirt the federal government and their cut of what I make. I carry insurance and workers comp insurance. I'm just an employee of my company and I don't look like the owner.(I do own all of the shares of the company) My big thing is if someone dies, catches HIV or anything unforeseen happens and it goes beyond my insurance, they won't be able to peirce my corporate vale and take everything I own personally.


                                                        Worst case situation, I can BK the company and walk away.


                                                        Corporations have so many uses depending on how you structure them. Knowing how to structure them and knowing what advantages they have for your personal and business situation is what is key.


                                                        I do have a legal background and I know how to do these things, but even I consult my attorney buddies that have "LLMs" (its like a masters degree for attorneys who are CPAs) in Tax law and I have a CPA so when I make a move, its the right move.


                                                        Hope that helps a bit. But your question is not directed to an attorney, but to a Tax specialist attorney. And those guys have CPA degrees, JD degrees and LLMs in tax law.


                                                        And from what I know, we don't have one of those on GFY.


                                                        Just Dave
                                                        Last edited by JustDaveXxx; 12-19-2013, 12:31 PM.


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                                                        Comment

                                                        • Sid70
                                                          Downshifter
                                                          • Dec 2002
                                                          • 16413

                                                          #29
                                                          Originally posted by JustDaveXxx
                                                          What is it that you do?

                                                          Where are your checks coming from?

                                                          Where do you live?


                                                          I have a Wyoming Corp set up. I have a DBA in California.

                                                          I also have a "Doing business as a foreign company set up in California. I also pay State taxes in California.


                                                          I also have it set up where someone else is the President with a physical address in Wyoming with a phone number and mail forwarding system.


                                                          Why? Not that i want to avoid paying taxes. Not trying to skirt the federal government and their cut of what I make. I carry insurance and workers comp insurance. I'm just an employee of my company and I don't look like the owner.(I do own all of the shares of the company) My big thing is if someone dies, catches HIV or anything unforeseen happens and it goes beyond my insurance, they won't be able to peirce my corporate vale and take everything I own personally.


                                                          Worst case situation, I can BK the company and walk away.


                                                          Corporations have so many uses depending on how you structure them. Knowing how to structure them and knowing what advantages they have for your personal and business situation is what is key.


                                                          I do have a legal background and I know how to do these things, but even I consult my attorney buddies that have "LLMs" (its like a masters degree for attorneys who are CPAs) in Tax law and I have a CPA so when I make a move, its the right move.


                                                          Hope that helps a bit. But your question is not directed to an attorney, but to a Tax specialist attorney. And those guys have CPA degrees, JD degrees and LLMs in tax law.


                                                          And from what I know, we don't have one of those on GFY.


                                                          Just Dave
                                                          Bravo.
                                                          Now, could you read the first post again.
                                                          Thanks.
                                                          Русня, идите нахуй!

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