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Does it matter which state I form my business in if it`s an online business?

 
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cuatroonce

posts: 1

Oct 31, 2008 1:34 AM ET    Quote  Report Abuse
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I want to start an online business selling a product and need a reseller tax ID# to buy from a wholesaler, however do not want to get this under my own name.  As such, I will form a business either an LLC or Incorporation.  Since it`s an online business, does it really matter where I incorporate or form the LLC in the USA?  ie. the business will be located virtually (since most products will drop-shipped).  Also, for a start-up online business, does anyone recommend LLC over incorporation?  I am located in California and had heard good things about Nevada and Wyoming.  I want to avoid California since they have a mandatory franchise tax of $800/year even if my sales are zero!
SlowCookerMate

posts: 48

Nov 02, 2008 12:55 PM ET    Quote  Report Abuse
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Even if you are a on-line company, you still have a physical presence somewhere.  In tax terms, this is called Nexus.  Nexus is created by having an office, employees or inventory in a state.  It is also created by filing your organization doc.  If you are dropshipping from CA, you will have undisputed nexus in CA.  If you inc. in another state, you will be required to file in CA and in the state of inc.
 
CA has a disgusting LLC tax.  It is based on RECEIPTS and not profits.  I have had clients with big losses and still have a very huge CA LLC tax liability.  There are very few circumstances in which I would recommend a CA LLC. 
 
Ask yourself why you need to inc.  Can you do it as a sole prop or, if you are married, a partnership with your spouse?
 
 
 

 
 


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CFOtoGo

posts: 67

Dec 01, 2008 6:03 PM ET    Quote  Report Abuse
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Because you are in California you will be required to pay the CA state taxes no matter where you file your Inc.  And as SlowCookerMate says, the LLC taxes in CA are insane.  For that reason I recomend that most people in CA either work as a Sole Proprieter, or an S Corp.  As an S-Corp you are still stuck with the $800 minimum tax, but your are not subject to the LLC taxes on gross receipts. So if you must from an LLC or Corp, just do it in CA. It will save you tons of Paperwork.

If you just don`t want to use your own name you can file for a DBA in the county where you live/work.  Then apply for a Federal Identification Number for your DBA. Then apply for the resellers permit. You will still need to give your personal info for the FEIN and the resellers permit, but to your vendors you can use your business name.

Good Luck!

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