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Old 03-08-2010, 01:34 PM   #1
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Good place in the US to incoprate as a LLC?

restarting up a new company , will be online only and looking for advice on a state to incorporate in. Also curious about the pro's and con's and what sort of things you have to deal with on the tax level if your company is purely online..
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Old 03-08-2010, 01:36 PM   #2
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heard Nevada is really good
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Old 03-08-2010, 01:40 PM   #3
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Yea I keep hearing that as well.. bit curious as to why..
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Old 03-08-2010, 02:30 PM   #4
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Delaware has the most company friendly laws in the US and Nevada follows suite. Godaddy offers as a service to help you setup a LLC in any state you wish and they explain some and give a few good tips. But most everyone you'll talk to will say Delaware or Nevada.

Link: http://www.godaddy.com/business/inco...-services.aspx
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Old 03-08-2010, 02:39 PM   #5
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I did in my home state. It was pretty simple. Fill out a few forms. Write a check and send it in.

All the details on what to do can be found using Google in about 5 minutes.
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Old 03-08-2010, 02:40 PM   #6
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MyCorporation.com? or LegalZoom.com? Go for your home state unless you're looking for loopholes on taxes, I think Delaware is for that.
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Old 03-08-2010, 02:42 PM   #7
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Nevada and Delaware. The reason, is that neither has State Tax to pay, which saves you a nice chunk of change.
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Old 03-08-2010, 02:43 PM   #8
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Old 03-08-2010, 02:47 PM   #9
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Dela.. where?
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Old 03-08-2010, 02:49 PM   #10
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Old 03-08-2010, 02:51 PM   #11
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Old 03-08-2010, 03:07 PM   #12
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Delaware


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Old 03-08-2010, 03:33 PM   #13
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I hear Nevada is best because they have the loosest standards, can use po box as place of business, can have a registered agent, etc and no state taxes.

FL is good too. I'm based out of here but I know alot of people try and set up through here almost as often as Nevada. FL has no state tax either, but from what I understand they require a physical location.
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Old 03-08-2010, 05:43 PM   #14
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Btw when you register Usa company(and you are not from usa)then you need to pay double taxes(your own country + usa)or just usa tax?
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Old 03-08-2010, 05:55 PM   #15
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If you register your LLC or INC in any state other than your own - you must do your banking in that state as well.

The govt doesnt care where you set up - they care where the money flows to. If you set up a NV LLC but your bank account is in NY then you have to register as a foreign corporation as doing business in that state. And usually foreign corp tax rates are higher than domestic corp tax rates within that state.

Now here is the kicker. If you set up a NV corp and dont pay your taxes in NY then your contracts may not be valid and can be voided by the other party and if you are sued - you can be stopped from defending the lawsuit if your taxes are not paid up - until you do. Which means by that time the Plaintiff may have already gotten a judgment against you and be seeking to attach your bank accounts.

I always recommend to clients to INC or LLC in their state. What I wrote may never effect you, but if it does -- its really going to suck for you.

We have already done it to 2 companies we sued. They had to pay $20,000 to $40,000 in back taxes before they could even defend the case. It makes litigation much more costly.
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Old 03-08-2010, 06:27 PM   #16
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I hear Nevada is best because they have the loosest standards, can use po box as place of business, can have a registered agent, etc and no state taxes.

FL is good too. I'm based out of here but I know alot of people try and set up through here almost as often as Nevada. FL has no state tax either, but from what I understand they require a physical location.
In FL as an LLC you are subject to the Florida Income Tax Code and must file a Florida corporate income tax return.
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Old 03-08-2010, 06:31 PM   #17
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Btw when you register Usa company(and you are not from usa)then you need to pay double taxes(your own country + usa)or just usa tax?
Generally the company would have to pay taxes in the US and then you would have to pay taxes on the money you earned in your country.
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Old 03-08-2010, 07:37 PM   #18
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ummmmmmmmmm i hard to make a legal business ;)
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Old 03-08-2010, 09:42 PM   #19
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In FL as an LLC you are subject to the Florida Income Tax Code and must file a Florida corporate income tax return.
You are correct- http://dor.myflorida.com/dor/taxes/corporate.html

I stand corrected.
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Old 03-08-2010, 09:52 PM   #20
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Nevada and Delaware. The reason, is that neither has State Tax to pay, which saves you a nice chunk of change.
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Old 03-08-2010, 09:57 PM   #21
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what u guys talking about.. it doesnt matter if the state has no income tax.. you still get profits passed on to you, and you have to pay income tax in your home state..

Say you live in NY, but your delaware corp just profited $1mil for 2009, and you took all that money into your bank account..

you have to pay NY state taxes on your $1mil, as well as federal tax...

incorporating in delaware doesnt absolve you of state tax on income, so I dont really see the advantages...
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Old 03-08-2010, 11:56 PM   #22
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Nevada if you are west of the mississippi, Delaware if you are east.
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Old 03-09-2010, 02:53 AM   #23
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Delaware if you intend on issuing public stock or getting any mainstream VC / investors with a C-Corp.
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Old 03-09-2010, 03:02 AM   #24
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I don't see Wyoming mentioned, so you might look into that too. I don't remember why, but it was recommended to another guy I knew.
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Old 03-09-2010, 12:07 PM   #25
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To register in NV is pretty simple. You open a mailbox with MailLinkPlus or ForwardNevada who also provide registered agent service then download the form http://nvsos.gov/index.aspx?page=133 and send it back with a check. Once you're incorporated you do the paperwork for your federal and state tax ID and then you find a bank in NV to open your biz bank account.

Most banks let you open accounts online if you have a credit history. You would also need to file for S-corp if you want your biz and personal earnings to be regarded as separate incomes. You also need to send your list of initial managers to NV with-in a month of incorporating.

Most biz setup companies would do all that for around $700
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Old 03-09-2010, 12:17 PM   #26
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wow, the lack of knowledge in this thread is hilarious...

i can guarantee you that most small incorporated business have pierced the corporate veil by not running their corporations properly..

in general, there is more mis information about corporations as a result of people continuing to pass bad information around..

spend the extra money and go see an accountant or attorney when you set up your first corporation and you will learn everything you need to know..

and make sure they are versed in the state laws of the state you decide to incorporate in..




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Old 03-09-2010, 12:47 PM   #27
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If you?re a U.S. resident the best place to start your LLC is the state you reside in, and here is why:


1. You will have to hire an agent in the other state to receive your official notices from the Secretary of State?s Office and court summons. This will probably cost a couple of hundred bucks a year.

2. If you LLC gets sued or if your LLC wants to sue somebody you will have to travel to that state to defend yourself or file suit.

3. As far as avoiding state income taxes if you register in Nevada or Delaware that won?t really work if you actually operate your business out of another state in the U.S. If you have a physical presence in another state you?re a required to file a foreign corporation notice with your home state?s Secretary of State?s office. That will trigger state taxation. Nowadays it?s very hard to get by not doing this because if you want to open a bank account for the LLC in your home state the bank will require this. Furthermore, since we are talking about an LLC rather than an INC most people chose to have their LLC treated as a partnership meaning that the LLC doesn?t pay any income taxes anyway, but the taxation passes on to the partners and wherever they actually reside will control the taxation rate. Keep in mind partnership LLCs are still required to file a tax return in the state they are organized in so you?re probably just creating extra paperwork and costs for yourself by incorporating in a state other than the one you live in.


BTW: In most cases your state?s secretary of state?s office will provide everything you need to start an LLC in your home state so there is no need to pay one of those services to do it for you.

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Old 03-09-2010, 12:52 PM   #28
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pornlaw beat me to the punch lol
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