Doing business in another state with my LLC | TRUiC FAQ
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- Опубліковано 28 сер 2024
- Irma Garcia asks a question about starting an LLC in Washington and if that is enough to do business in other states too. Wherever you decide to launch your business, TRUiC has all the resources you need to get it accomplished. Watch this week’s FAQ to learn more, and check out our other materials!
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One question: when doing business across state borders, does the host need a license in both states in order to transport THOSE GUNS?? 💪💪
If i live in one state and want to setup my business in a low tax state, do i have to also setup my business in the state i live? Why is this question so hard to answer?
To be able to do business in a state, an LLC has to be set up in the state, as a domestic LLC, or be authorized by the state, as a foreign LLC. Also, even though an LLC may be set up in a state where the owner does not live, it may still be viewed as doing business in the home state, if the owner performs business-related activities while at home. Which ccould be as simple a thing as making phone calls. Therefore, it will have to register as a foreign LLC in the home state, in addition to being registered (set up) in the other state.
Great video thanks! Quick question I have LLC for real estate in NJ but I purchased real estate in SC which will be an Aribnb. A vendor is requesting a Cert of Good Standing. Do I have get a LLC cert of formation for SC ?
Certificates of Good Standing: www.state.nj.us/treasury/revenue/standcert.shtml are issued by an LLC’s home state (i.e., the state where the LLC was registered in.).
To conduct business in SC, an LLC formed in another state must obtain a Certificate of Authority: www.sosnc.gov/Guides/register_a_foreign_business which will require a Certificate of Good Standing from the LLC's home state. Keep in mind that the Certificate of Good Standing must be no more than 30 days old.
Please note that the information provided by us is not, and it is not intended to, constitute legal advice or tax advice. All content is exclusively provided for educational purposes. For the most up-to-date legal advice, we advise deferring to a professional attorney or certified public accountant.
Can you further elaborate on online business practice.
Many online business owners form an LLC in the state where they operate their business from.
Some states may require that you register with their tax authority.
Here's a list of guidelines for that:
www.salestaxinstitute.com/resources/economic-nexus-state-guide
What happens if I have an LLC in FL, but formed in Delaware and the Delaware LLC goes in bad standing? Does it affect my foreign FL LLC?
For a Delaware LLC to legitimately operate in Florida, the LLC would have been required to file a Certificate of Existence “no more than 90 days old” issued by Delaware that indicates the LLC is in good standing.
If the LLC is no longer in good standing in Delaware, it appears then it would be unlikely it remains in good standing in Florida. We recommend calling the Florida Department of State Division of Corporations to confirm.
Please note that the information provided by us is not, and it is not intended to, constitute legal advice or tax advice. All content is exclusively provided for educational purposes. For the most up-to-date legal advice, we advise deferring to a professional attorney or certified public accountant.
Hello TRUiC, thanks for that. I have s corp in Michigan and I am selling software as a service, if I want to sell it in Ohio or Illinois, do I need to setup an llc in Ohio or Illinois ? Or I can do it from my Michigan llc, note Ohio take saas sales tax. Please let me know. Thanks.
An SaaS LLC domiciled in Michigan can sell in other U.S. states provided the LLC registers as a “foreign” LLC with the Secretary of State of those states. “Foreign” means “another U.S. state” not an overseas jurisdiction. In Ohio, the LLC must file Form 617 Registration of a Foreign Limited Liability Company; in Illinois, the LLC must file Form LLC-45.5 Application for Admission to Transact Business. The LLC must also register to collect sales tax with the tax authorities: the Ohio Department of Taxation and the Illinois Department of Revenue. This is most easily done on the Streamlined Sales Tax Registration System (SSTRS).
Form 617 Registration of a Foreign Limited Liability Company:
www.ohiosos.gov/globalassets/business/forms/llc_draft_forms/617_draft.pdf
Form LLC-45.5 Application for Admission to Transact Business:
www.ilsos.gov/publications/pdf_publications/llc455.pdf
Streamlined Sales Tax Registration System (SSTRS):
www.streamlinedsalestax.org/for-businesses/sales-tax-registration-sstrs
@@HowtostartanllcOfficial thanks you. I am only selling the software online and not actually going to the state and doing business or hiring employees. I take meeting with my clients on zoom for next sale and we try to do set up website and other software everything online. So do I still need to file the foreign llc forms in every state I get clients, or would be best of file a c corp in Delaware? Please let me know thanks.
You shouldn't have to. Generally, it’s only necessary to register a foreign LLC if a business has a physical presence or workers in a state other than its home state, or its representatives visit that other state regularly. See our What is a Foreign LLC page for more information: howtostartanllc.com/foreign-llc?ref=cc
Please note that the information provided by us is not, and it is not intended to, constitute legal advice. All content is exclusively provided for educational purposes. For the most up-to-date legal advice, we advise deferring to a professional attorney.