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dothingsright

posts: 145

Jan 08, 2009 7:51 PM ET    Quote  Report Abuse
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Hi All,
 
I have a friend who lives in New York, but is a resident of VA and is trying to decide exactly where to start her LLC. The business is not dependent upon the actual physical location, but she is considering the pros and cons of setting up an LLC in different states and how effective that can be.
If you`ve have an LLC in a state other than where you reside or have any helpful feedback overall, it would be greatly appreciated.
 
Thanks and God Bless,
 
Tyra
pskipper

posts: 22

Jan 11, 2009 7:14 PM ET    Quote  Report Abuse
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Tyra,
     Before I set up my LLC, I researched the various locations in which I could establish the business (including Nevada and Deleware).  At the end of the day, it appeared that the tried and true advice would work best for me; registering my LLC in the state in which I was going to live and conduct my business.  In my case, that`s Oregon.
     I used LegalZoom.com and established the LLC for less than 1/4 of the cost of going through a local attorney.
     Good luck to you and your friend.
                                                               Paul
 
WebJunky

posts: 549

Jan 12, 2009 7:00 PM ET    Quote  Report Abuse
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agreed with ptskip - establish it where you will be conducting business. that said the cost to incorporate varies by state (i.e. $25 in MI vs. $300+ in TX).

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Apr 15, 2009 2:16 PM ET    Quote  Report Abuse
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LLCs are recognized by all states, but laws governing LLCs can vary by location.  In deciding where to form your LLC, you should consider factors such as the formation cost, state tax laws and business laws, and whether it will be necessary for the LLC to qualify/register to conduct business in one or more other states. 

 
In general, you should either: (a) form the LLC under the laws of the state where the LLC will conduct business; (b) form the LLC under the laws of the state where the members reside or (c) form the LLC under the laws of the state of Delaware.  The state of Delaware is the most commonly selected state for LLC formation largely because it has favorable LLC laws and has a considerable amount of case law regarding LLCs. 

 

When selecting a state for your LLC formation, you should consider the cost you will incur if you register (or “qualify”) the LLC to do business in other states (see chart below).  For example, if you own an LLC that operates in the state of Colorado but was formed in the state of Delaware, you will incur dual costs (formation costs in Delaware and the cost of qualifying the LLC to do business in Colorado).

 

Each state has different requirements regarding qualification.  The State of New York, for example, requires LLCs to publish a notice in two local newspapers specifying the details of the limited liability company within 120 days after filing.  That notice must run for six consecutive weeks.  You should research your states’ requirements.

 

 

LLC & STATE TAX


Generally, LLCs must file separate tax returns for each state in which they do business based on the income generated in each state, regardless of where the LLC was formed. Note: tax rates, required tax forms, and the amount of income that must be reported may vary by state. 

 

The following chart briefly summarizes the state tax treatment and state filing requirements of LLCs. 

 

STATE

FRANCHISE OR ENTITY-LEVEL TAX

TAX RETURNS

ANNUAL REPORT

FILING FEES

Alabama

Alabama does not require partnerships, LLCs taxable as partnerships, or disregarded single-member LLCs to pay a tax based on net income. 

 

An Alabama LLC must file an annual tax return on Form 65.

No

Articles of organization: $75; Foreign LLC registration application: $75; Annual fee: $0.

Alaska

Alaska does not require partnerships, LLCs taxable as partnerships, or disregarded single-member LLCs to pay a general net worth tax or a tax based on net income.  However, Alaska imposes a $100 per year tax on domestic LLCs and $200 per year tax on foreign LLCs.

Alaska LLCs and foreign LLCs doing business in Alaska must file Alaska returns.  An LLC that is classified as a partnership, but has no corporate members, is not required to file a return or report.

An Alaska LLC must file a biennial report on or before January 2 of the filing year.

Articles of organization: $350; Foreign LLC registration application: $250; Biennial registration fee: $100.

Arizona

Arizona does not require partnerships, LLCs taxable as partnerships, or disregarded single-member LLCs to pay a general net worth tax or a tax based on net income. 

An Arizona LLC that is classified as a corporation for federal income tax purposes must file Arizona Form 165.

No

Articles of organization: $50; Foreign LLC registration application: $150; Notice of winding up: $25; Furnishing written information on any LLC: $10; Name reservation: $10.

Arkansas

Arkansas does not require partnerships, LLCs taxable as partnerships, or disregarded single-member LLCs to pay a general net worth tax or a tax based on net income.  However, Arkansas requires LLCs to pay an annual privilege tax to the secretary of state, regardless of the LLC’s income tax classification.  LLCs pay only a $150 minimum tax.

An LLC that is classified as a partnership must file a return on Form AR1050.

No

Articles of organization; $50; Articles of dissolution: $50; Application for certificate of authority by foreign LLC: $300.

California

California follows the federal tax treatment of partnerships, and partnerships are not subject to tax on their income.

LLCs taxed as partnerships are not subject to franchise or income tax in California.  Like limited partnerships, LLCs, including single-member LLCs disregarded for federal income tax purposes, are subject to the minimum franchise fee of $800. 

In addition to the minimum franchise fee, LLCs are subject to a gross receipts based annual fee, regardless of their federal entity classification.  The gross receipts based fee is based on a graduated scale and ranges from $900 for LLCs with receipts from California between $250,000 and $500,000 to $11,790 for LLCs with California receipts in excess of $5 million.

An LLC that is classified as a partnership must file Form 568.

The LLC must file a biennial report on Form LLC-E012R.  The LLC must file the report within 90 days after it is formed.

Articles of organization: $70; Registration of foreign LLC: $70; Biennial Report: $20.

Colorado

Colorado does not require partnerships, LLCs taxable as partnerships, or disregarded single-member LLCs to pay a general net worth tax or a tax based on net income.

An LLC is required to file a federal partnership return must file Colorado Form 106.

Yes

Articles of organization: $125; Registration as foreign LLC: $125; Annual registration: $85.

Connecticut

Connecticut does not require partnerships, LLCs taxable as partnerships, or disregarded single-member LLCs to pay a general net worth tax or a tax based on net income.  However, Connecticut requires limited partnerships, LLCs taxable as partnerships, and disregarded single-member LLCs that file a report with the Secretary of State to pay the state Department of Revenue an annual $250 business entity tax.

An LLC is required to file a federal partnership return must file Form CT-1065.

A Connecticut LLC must file an annual report on the anniversary date of the filing of the articles of
organization

Articles of organization: $25; Certificate of registration for foreign LLC: $60; Annual Report: $10.

Delaware

Delaware does not require partnerships, LLCs taxable as partnerships, or disregarded single-member LLCs to pay a general net worth tax or a tax based on net income.

A Delaware LLC that is classified as a partnership must file a partnership tax return on Delaware Form 300.

No

Certificate of formation: $70; Foreign LLC registration application: $70; Annual tax: $250 (There is also a $20 courthouse municipality fee imposed on LLC documents files with the Secretary of State).

D.C.

The District of Columbia imposes an unincorporated business franchise tax on partnerships and LLCs that are taxable as partnerships for federal income tax purposes.  Partnerships that engage in trade or business in the District or receive income from sources within the District have gross income of more than $12,000 are subject to the tax.  The minimum tax is $100.

In addition, the District of Columbia imposes an annual “ballpark fee” on partnerships and LLCs, regardless of their federal entity classification.  The fee is triggered if the taxpayer has District of Columbia gross receipts of $5 milion or greater in its most recent calendar or fiscal year ending before June 15.  The fee is graduated according to the fee payor’s District of Columbia gross receipts, ranging from $5,000, for a fee payor with $5 million of gross receipts, to a maximum of $16,500, for a fee payor with gross receipts in excess of $16 million.

LLCs that have gross income from District sources exceeding $12,000 during the year must file returns on Form D-30.

Yes

Articles of Organization: $100; Foreign LLC registration application: $150; Biennial report: $100.

Florida

Florida does not require partnerships, LLCs taxable as partnerships, or disregarded single-member LLCs to pay a general net worth tax or a tax based on net income.  However, Florida requires partnerships and LLCs doing business, or authorized to do business in the state, to pay an annual personal property intangibles tax, regardless of their federal income tax classification.  A tax rate of 0.05 percent is applied against the value of intangibles having a taxable situs in the state.  Partnerships are not required to pay the tax in any year when the aggregate tax liability, after exemptions and before application of an early filing discount, would be less than $60.

A Florida LLC that is classified as a partnership must file a tax return on Form F-1065.

Yes

Articles of organization: $250; Annual report: $100.

Georgia

Georgia does not require partnerships, LLCs taxable as partnerships, or disregarded single-member LLCs to pay a general net worth tax or a tax based on net income.

A Georgia LLC or an LLC deriving income in Georgia that is classified as a partnership must file a tax return on Form 700.

Yes

Articles of organization: $75; Certificate of authority to do business in Georgia: $200; Annual registration: $25.

Hawaii

Hawaii does not require partnerships, LLCs taxable as partnerships, or disregarded single-member LLCs to pay a general net worth tax or a tax based on net income.

Hawaii LLCs and LLCs qualified to do business in Hawaii must file Form N-20.

Yes

Articles of organization: $100; Certificate of authority of foreign LLC: $100; Annual report: $25.

Idaho

Idaho does not require partnerships, LLCs taxable as partnerships, or disregarded single-member LLCs to pay a general net worth tax or a tax based on net income.

Idaho LLCs that are classified as partnerships for federal income tax purposes must file Idaho partnership tax returns on Form 65.

No

Articles of organization: $100; Foreign LLC registration application: $100; Annual fee: $0.

Illinois

Illinois imposes its personal property tax replacement income tax on partnerships and LLCs taxable as partnerships.  The tax is equal to 1.5 percent of the partnerships net income for the taxable year.  Illinois does not impose its personal property tax replacement tax on LLCs that are disregarded for federal income tax purposes.  Neither a partnership nor an LLC is subject to Illinois franchise tax.

The LLC must file two forms, Form IL-1065 and Form IL-2569.

Yes

Articles of organization: $400; Registration of foreign LLC: $400; Annual report: $200.

Indiana

Indiana does not require partnerships, LLCs taxable as partnerships, or disregarded single-member LLCs to pay a general net worth tax or a tax based on net income.

LLCs conducting business within Indiana must file an annual return on Form IT-65.

Yes

Articles of organization: $90; Certificate of authority for foreign LLC to do business in the state: $90; Biennial report: $30 (in writing) or $20 (electronically).

Iowa

Iowa does not require partnerships, LLCs taxable as partnerships, or disregarded single-member LLCs to pay a general net worth tax or a tax based on net income.

LLCs conducting business within Iowa must file a partnership return on Form IA 1065.

No

Articles of organization: $50; Certificate of authority for foreign corporation: $100; Annual registration: $0.

Kansas

Kansas does not require partnerships, LLCs taxable as partnerships, or disregarded single-member LLCs to pay a tax based on net income.  However, a limited partnership, limited liability partnership (LLP), or LLC (including a single-member LLC that is disregarded for federal income tax purposes) with net capital accounts located or used in Kansas at the end of the preceding taxable year of $100,000 or more is subject to an annual franchise tax at the rate of 0.125 percent of the net capital accounts located or used in Kansas.

Limited partnerships and LLCs also must remit to the secretary of state a $55 annual franchise fee.

A Kansas LLC must file a partnership return on Form K-65.

Yes

Articles of organization: $150; Certificate of registration for foreign LLC: $150; Annual report: $0.

Kentucky

For tax years beginning on or after January 1, 2005, limited partnerships, LLPs, and LLCs doing business in Kentucky are subject to the corporation income tax.  The top corporate tax rate is 6% on all amounts over $100,000 for tax years beginning on or after January 1, 2007.

Yes

Yes

Articles of organization: $40; Certificate of authority for foreign LLCs: $90; Annual report: $15.

Louisiana

Louisiana does not require partnerships, LLCs taxable as partnerships, or disregarded single-member LLCs to pay a general net worth tax or a tax based on net income.

An LLC is not required to file a return if all members are natural persons who are residents of the State of Louisiana.  Other LLCs doing business in Louisiana or deriving any income from sources in Louisiana, must file an information return on Form IT-565.

Yes

Articles of organization: $60; Certificate of authority for foreign LLCs: $100; Annual fee: $25.

Maine

Apart from certain financial institutions, Maine does not impose an income tax on partnerships, LLCs taxable as partnerships, or disregarded single-member LLCs.

LLCs that are classified as partnerships and that do business in Maine or that have resident members must file Form 1065 ME/11205-ME.

Yes

Articles of organization: $250; Certificate of authority for foreign LLC: $250; Annual report: $60.

Maryland

Maryland does not require partnerships, LLCs taxable as partnerships, or disregarded single-member LLCs to pay a general net worth tax or a tax based on net income.  However, Maryland imposes a tax on a partnership or LLC taxable as a partnership to the extent that it has a partner that is a nonresident of Maryland (or a non resident entity), and the partnership has nonresident taxable income for the taxable year.  Thus, Maryland’s “entity-level tax” is, de facto, a tax imposed on the entity’s nonresident owners that is paid on their behalf by the partnership (i.e., it is a withholding tax rather than a pure entity-level tax.).

The LLC must file a partnership tax return on Maryland Form 510.  Every Maryland LLC must file the form even if it has no income or the LLC is inactive.

No

Articles of organization: $50; Foreign LLC registration application: $50; Annual fee: $0

Massachusetts

Massachusetts generally does not require partnerships, LLCs taxable as partnerships, or disregarded single-member LLCs to pay a general net worth tax or a tax based on net income.  However, an LLC that is disregarded for federal income tax purposes and that has an S corporation as its sole member will be separately taxed by Massachusetts as an S corporation.

An LLC that is classified as a partnership for federal tax purposes must file Form 3.  A copy of IRS Form 1065 and all schedules, including Schedules K-1, must be attached to the return.

Yes

Certificate of organization: $500; Annual report for domestic LLCs: $500; Foreign LLC registration application: $500; Annual report for foreign LLC: $500.

Michigan

Michigan imposes its single business tax (SBT) on partnerships and LLCs taxable as partnerships having business activity in the state.  A single-member LLC classified as a disregarded entity for federal income tax purposes is not separately subject tot tax (i.e., only the single member is subject to tax.).

The SBT is based on the value added to goods and services by the taxpayer.  It is essentially based on the gross receipts rather than income.  The tax rate is 1.9% of the adjusted tax base.  The first $45,000 of the tax base is exempt.

If an LLC is engaged in business activity in Michigan, and adjusted gross receipts are $250,000 or more, the LLC must file Form C-8000.  If the LLC’s adjusted gross receipts are less than $250,000, the LLC is not claiming a refund or using a loss carryforward then the LLC must file Form C-8030. The LLC must file quarterly estimates is the annual SBT liability is expected to be more than $600.

Yes

Articles of organization: $50; Application for certificate of authority for foreign LLC: $50; Annual Report: $5

Minnesota

Minnesota generally does not impose its income tax on partnerships, LLCs taxable as partnerships, or disregarded single-member LLCs.  In addition, Minnesota imposes a minimum fee on each treated as a partnership that is required to file a return with the state (other than a partnership that derives over 80 percent of its income from farming).  The fee imposed on a partnership is a maximum of $5,000, and is based on the sum of the partnership’s Minnesota property, payroll, and sales or receipts.

Every LLC that has gross income from Minnesota sources must file a partnership return on Form M-3.

Yes

Articles of organization: $135; Certificate of registration for foreign LLC: $185; Annual Report: $50.

Mississippi

Mississippi does not require partnerships, LLCs taxable as partnerships, or disregarded single-member LLCs to pay a general net worth tax or a tax based on net income.

Each Mississippi LLC and foreign LLC with income from Mississippi must file Form 86-105.

No

Certificate of formation: $50; Certificate of registration for foreign LLC: $250; Annual fee: $0.

Missouri

Missouri does not require partnerships, LLCs taxable as partnerships, or disregarded single-member LLCs to pay a general net worth tax based on net income.

A Missouri LLC must file Form MO-1065.

No

Articles of organization: $100; Foreign LLC registration application: $100; Annual fee: $0.

Montana

Montana does not require partnerships, LLCs taxable as partnerships, or disregarded single-member LLCs to pay a general net worth tax based on net income.

A Montana LLC must file Form PR-1.

Yes

Articles of organization: $70; Foreign LLC registration application: $70; Annual registration: $10.

Nebraska

Nebraska does not require partnerships, LLCs taxable as partnerships, or disregarded single-member LLCs to pay a general net worth tax based on net income.

A Nebraska LLC that is classified as a partnership must file Form 1065N

No

Articles of organization: $110 plus recording fees; Foreign LLC registration application: $110; Annual fee: $0.

Nevada

Nevada does not require partnerships, LLCs taxable as partnerships, or disregarded single-member LLCs to pay a general net worth tax based on net income.

LLCs that have employees working in Nevada or that have an office or other base of operations within the state must obtain a business license. The initial application is made on Form APP-01,00. The LLC must obtain the license before it conducts business in Nevada. The initial license fee is $25 per employee employed in Nevada by the LLC.

Yes

Articles of organization: $125; Registration of foreign LLC: $125; Annual report: $85.

New Hampshire

Partnerships and LLCs, regardless of their federal entity classification, are included in the definition of “business organizations” that are subject to the New Hampshire business profits tax (BPT).  The amount of the tax is determined by multiplying the “taxable enterprise base value” by 0.75 percent.  The taxable enterprise base value is the sum of all compensation paid or accrued, interest paid or accrued, and dividends paid by the business enterprise, adjusted for special deductions and apportionment.

 

An LLC must file the following tax returns in New Hampshire: The LLC must file the Form BET only if the gross receipts are greater than $150,000 or the enterprise value tax base is greater than $75,000; Form NH01065, only if the LLC’s gross income is greater than $50,000; DP-80, if an LLC has business activities both within and outside the state. LLCs must make estimated tax payments unless the annual estimated tax payment for each individual is less than $200.

Yes

Certificate of formation: $35; Foreign LLC registration application: $200; Annual report: $100.

New Jersey

Partnerships and LLCs treated as partnerships with two or more owners are subject to a New Jersey filing fee of $150 per owner, up to a maximum of $250,000.  Partnerships that are investment clubs and partnerships with no New Jersey source income are not subject to the filing fee.

An LLC that is classified as a partnership for federal income tax purposes must file Form NJ-1065.

No

Certificate of formation: $100; Registration as foreign LLC: $100; Annual Report $50.

New Mexico

New Mexico does not require partnerships, LLCs taxable as partnerships, or disregarded single-member LLCs to pay a general net worth tax based on net income.

An LLC may file a block return for members of the LLC if the LLC is classified as a partnership for federal income tax purposes. The return may be filed for any owner who is not a resident of New Mexico and who has no income from New Mexico sources other than the member’s share of LLC income from New Mexico. LLC members are subject to a 7.9% tax only on the portion of the income allocated and apportioned to New Mexico.

No

Articles of organization: $50; Registration as foreign LLC; $100; Annual fee: $0.

New York

New York: For tax years before 2003 and after 2006, every LLP, LLC treated as a partnership, and disregarded single-member LLC with New York-source income is subject to an annual filing fee of $50 for each partner or member as of the last day of the taxable year.  The minimum fee is $325 and the maximum fee is $10,000.

New York City: Partnerships and LLCs treated as partnerships are subject to the New York City unincorporated business tax (UBT).  The tax is imposed at the rate of 4 percent on the apportioned unincorporated business income of the entity.

An LLC that is classified as a partnership must file Form IT-204. Any domestic or foreign LLC that is required to file a New York State Partnership Return must also complete and file Form IT-204-LL. Form IT-204 is an information return. No tax is paid except for the annual filing fee of $50 per member. Every LLC must file the return if the LLC has a partner who is a resident of New York or has income from New York state sources regardless of the amount of the income.

No

Articles of organization: $200; Application for authority of foreign LLC: $250.

North Carolina

North Carolina does not require partnerships, LLCs taxable as partnerships, or disregarded single-member LLCs to pay a general net worth tax based on net income.

LLCs doing business in North Carolina that are required to file partnership returns must file Form D-402. An LLC that has one or more nonresident members must report the distributive share of income of each nonresident member. It must also include with the return the tax due on the nonresident member’s share of that income. The tax ranges from 6% to 8.25% of each nonresident member’s share of North Carolina taxable income.

Yes. It must be filed within 60 days following the last day of the month in which the LLC was organized.

Articles of Organization: $125; Application for certificate of authority of foreign LLC: $250; Annual report: $200.

North Dakota

North Dakota does not require partnerships, LLCs taxable as partnerships, or disregarded single-member LLCs to pay a general net worth tax based on net income

An LLC doing business in North Dakota or having sources of income in North Dakota must file a North Dakota partnership return. The return is filed on Form 58. The LLC must withhold income taxes on any income distributed to nonresident members. The withholding tax rate is the highest marginal individual income tax rate.

Yes. The annual report must be filed on or before November 15 of each year.

Certificate of organization: $125; Certificate of authority for foreign LLC: $125; Annual report: $50.

Ohio

In general, partnerships and LLCs treated as partnerships are not subject to the Ohio franchise tax.  However, a pass-through entity with at least one qualifying investor that is not an individual is subject to an entity-level tax that is similar to a withholding tax.

Effective July 1, 2005, Ohio requires business entitles, including partnerships, LLCs taxable as partnerships, and disregarded single-member LLCs, with taxable gross receipts of $150,000 or more in a calendar year, to pay a commercial activity tax (CAT), measured by gross receipts, for the privilege of doing business in the state.  The business entity must pay $150 for gross receipts between $150,000 to $1 million.  The rate is phased in over the next five years in 20 percent increments and is subject to adjustment by the Ohio Tax Commission if revenue collections of the tax are 10 percent or more greater or lesser than projections.

An LLC that is classified as a partnership for federal tax purposes must file Form IT-4708, if it has any members who are nonresidents of the state. An LLC is not required to file an Ohio partnership return if it has only resident members.

No

Articles of organization: $85; Certificate of registration of foreign LLC: $85; Annual fees: $0.

Oklahoma

Oklahoma does not require partnerships, LLCs taxable as partnerships, or disregarded single-member LLCs to pay a general net worth tax based on net income.

LLCs that are classified as partnerships for federal tax purposes must file returns each year on Form 514. All nonresident members who have gross income of $1,000 or must file Oklahoma returns even through their net income may actually be a loss.

Yes

Articles of organization: $100; Foreign LLC registration application: $300.

Oregon

Oregon does not require partnerships, LLCs taxable as partnerships, or disregarded single-member LLCs to pay a general net worth tax based on net income.

An LLC that is classified as a partnership for federal tax purposes must file Form 65. All LLCs having income from sources in Oregon or having one or more Oregon resident members must file the partnership return.

Yes

Articles of organization: $40; Foreign LLC registration application: $440; Domestic annual report: $30; Foreign LLC annual report: $220.

Pennsylvania

Pennsylvania does not impose its corporate net income tax on partnerships, LLCs taxable as partnerships, or disregarded single-member LLCs.  In addition, partnerships are not subject to the capital stock/franchise tax.  Capital stock and franchise tax imposed on all LLCs except for restricted professional companies.  The capital stock tax is being phased out, with the rates set as follows: 5.99 mills for 2005; 4.99 mills for 2006; 3.99 mills for 2007; 2.99 mills for 2008; 1.99 mills for 2009; and .99 mills for 2010. 

An LLC, including an LLC that is classified as a partnership, must file Form RCT-101 to report and pay the Pennsylvania capital stock and franchise taxes.

Yes

Certificate of organization: $100; Foreign LLC registration application: $180; Annual report: $0.

Rhode Island

Rhode Island does not require partnerships, LLCs taxable as partnerships, or disregarded single-member LLCs to pay a general net worth tax based on net income.

Every LLC having income derived from sources within Rhode Island must file Form RI-1065.

Yes

Articles of organization: $150; Foreign LLC registration application: $150; Annual report: $50.

South Carolina

South Carolina does not require partnerships, LLCs taxable as partnerships, or disregarded single-member LLCs to pay a general net worth tax based on net income.

Every foreign and domestic LLC doing business or owning property in South Carolina must file an information return on Form SC1065.

No

Articles or organization: $110; Certificate of authority for foreign LLC: $110; Annual registration or renewal of foreign LLC name: $10.

South Dakota

South Dakota does not require partnerships, LLCs taxable as partnerships, or disregarded single-member LLCs to pay a general net worth tax based on net income.

 

Yes

Articles of organization: $10; Annual report: $50.

Tennessee

Limited partnerships and LLCs taxable as partnerships are subject to the franchise and excise taxes in Tennessee.  Neither a general partnership nor a single-member LLC whose sole member is a corporation is subject to the tax.  The franchise tax is imposed at the rate of 25 cents per $100 or major fraction thereof, of a taxpayer’s net worth.  Net worth is defined as the difference between a taxpayer’s total assets and total liabilities.  An excise tax of 6% is imposed on the net earnings from business done in Tennessee.  Tennessee imposes an annual fee of $50 per member of the LLC.  Tennessee also requires all partnerships and LLCs to pay an annual 6 percent tax on stock dividends and bond interest received.

 

Yes

Certificate of formation: $10; Annual report: $300-$3000; Filing with the office of the register of deeds: $5; Application for certificate of authority of foreign LLC: $50-$3,000.

Texas

Texas does not require partnerships to pay a general net worth tax or a tax based on net income.  However, LLCs are subject to the Texas franchise tax regardless of their classification for federal income tax purposes.  The tax is composed of two components: a capital component and an eared surplus component.  The franchise tax is based on the greater of .25% of net taxable capital or 4.5% of net taxable earned surplus.

A Texas LLC must file a Texas corporation franchise tax report on Form 05-144. The initial return and payment are due within 90 days after the date the initial privilege period ends.

Texas does not require an LLC to file an annual report except for the tax reports.

Articles of organization: $200; Application by foreign LLC for certificate of authority: $500; Annual fee: $0.

Utah

Utah does not require partnerships, LLCs taxable as partnerships, or disregarded single-member LLCs to pay a general net worth tax based on net income.

A Utah LLC must file a tax return on Form TC-65. The return must be filed by every LLC having a resident member in the state of Utah or any income derived from sources in Utah for the taxable year.

Yes. The annual report must be filed within 21/2 months after the close of the LLC fiscal year.

Articles of organization: $75; Foreign LLC registration application: $75; Annual registration: $15.

Vermont

Vermont does not require partnerships, LLCs taxable as partnerships, or disregarded single-member LLCs to pay a general net worth tax based on net income.  However, a minimum tax of $250 is imposed on partnerships and LLCs electing partnership treatment.

An LLC that is classified as a partnership for federal tax purposes and that has any nonresident members must file Form B1-473. Every LLC that has income derived from Vermont sources must file the partnership return.

No

Articles of organization: $75; Application for certificate of authority of foreign LLC: $100; Annual report: $15.

Virginia

Virginia does not require partnerships, LLCs taxable as partnerships, or disregarded single-member LLCs to pay a general net worth tax based on net income.

An LLC is not required to file a report or tax return with the Department of Taxation.

Yes

Articles of organization: $100; Certificate of registration for foreign LLC: $100; Annual registration fee: $50.

Washington

Washington imposes its business and occupation tax on all entities doing business in the state, including partnerships and LLCs, regardless of their federal entity classification.  Depending on the type of business conducted by the taxpayer, the tax base is one of the following: the value of products, gross proceeds of sales, or gross income of the business.  The rate varies from 0.138 percent to 1.5 percent.

An LLC doing business in Washington must file monthly, quarterly, and annual tax returns, reporting the state business and occupations tax. The return must be filed on Form REV40 2406A. An LLC must file an annual tax return on Form IT-165.

Yes

Articles of organization: $175; Foreign LLC registration application: $175; Initial registration fee: $10; Annual registration fee after initial registration: $50.

West Virginia

West Virginia does not require partnerships, LLCs taxable as partnerships, or disregarded single-member LLCs to pay a general net worth tax based on net income.  However, partnerships and LLCs, regardless of entity classification, are subject to franchise tax in West Virginia.  The tax rate is 0.7 percent or $50, whichever is greater.

An LLC must file an annual tax return on Form IT-165.

Yes

Articles of organization: $10; Registration of foreign LLC: $150; Annual registration fee: $25.

Wisconsin

Wisconsin does not require partnerships, LLCs taxable as partnerships, or disregarded single-member LLCs to pay a general net worth tax based on net income.  However, Wisconsin requires partnerships, and LLCs electing partnership treatment, that have at least $4 million in gross receipts from all activities for the taxable year, to pay a recycling surcharge, computed as a percentage of net income.  A disregarded single-member LLC is not subject to the recycling surcharge.

An LLC must file Form 3, Wisconsin Partnership Return; (ii) Schedule 3K-1.

A domestic LLC is not required to file an annual report in Wisconsin. A foreign LLC that is qualified to do business in Wisconsin must file an annual report.

Articles of organization: $90; Foreign LLC registration certificate: $100; Annual registration fee: $0.

 

Wyoming

Wyoming does not require partnerships, LLCs taxable as partnerships, or disregarded single-member LLCs to pay a general net worth tax based on net income.  However, Wyoming requires LLC to file with the secretary or state an annual franchise tax or a license tax.  The tax is based on the corporate property and assets located and employed in the state in an amount of $50 or two-tenths of one mill on the dollar ($.0002), whichever is greater.

N/A

No

$100 or more depending on total capitalization; registration of foreign LLC: $100 or more depending on capitalization; Annual tax: $100.

 

If you are looking for an LLC operating agreement for your entity be sure to visit www.myLLCagreement.com.

 

Best of luck!

4Founders

posts: 11

Apr 19, 2009 6:54 PM ET    Quote  Report Abuse
Points: 0   Vote
The decision about which state to locate your LLC in largely depends on the kind of business your friend is in.  Roughly 50% of the companies in the US are incorporated in Delaware because the state doesn`t assess a sales tax.

For this reason, I chose to establish an LLC for my e-commerce businesses in Delaware.  The process is extremely simple, and can be greatly expedited by companies such as The Company Corporation.

If you don`t want to have a third party set up your LLC, you can easily do it on your own.  However, Delaware requires that you have something called a registered agent, which is an individual or business that has a legal address in Delaware and is authorized to do business in the state.  If your friend`s company were to be operating out of Delaware, then he could function as his own registered agent, but seeing as he`s in NY, he`ll need to contact an existing registered agent and will likely need to pay some fee to list that agency as his agent.

Abergmanesq`s costs are slightly outdated.  The cost to file a Certificate of Formation in Delaware is now $90, though the annual tax remains $250.



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Fundamentals for Founders:
The Practical Guide to Kick-Starting Your Business
CriticalMass

posts: 43

Jan 01, 2010 1:17 PM ET    Quote  Report Abuse
Points: 0   Vote

Thanks for the table, abergmanesq. Lots of information in there. May I ask where you found the table?

@4Founders, How was your experience with "The Company Corporation?" Would you recommend them?

infinique1

posts: 178

May 25, 2010 3:23 PM ET    Quote  Report Abuse
Points: 0   Vote

It all depends on where you are comfortable to start your business in. The most important factors you should consider is the tax rate, start up cost, running cost as well as the locality of your potential clients.



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