[quote]Jewbacca wrote:
[quote]Brother Chris wrote:
[quote]thethirdruffian wrote:
[quote]Brother Chris wrote:
[quote]thethirdruffian wrote:
[quote]timbofirstblood wrote:
Over the past few months some friends and I have been mulling over an idea for a product to sell. I think it’s a solid idea and would like to make it happen, but do not really know where to start.
I know there are some entrepreneurs who post here, so I thought I would ask for some tips about how you got started, what steps were very helpful/vital and what things I should avoid. I’m also looking for recommendations for books or other resources to help guide me through the steps to make this successful. [/quote]
- Move to a business-friendly state with no income tax.[/quote]
Unnecessary, just register the company in that state.[/quote]
Nope. You have to register your out-of-state company in each state you do business.
For example, my drilling company is in Texas, New Mexico, Utah, and OK. Each part has to register and comply with the laws of the state it does business.[/quote]
Lol. I’ll let people like Warren Buffet and the majority of the Fortune 500 know to stop incorporating in Delaware though they probably don’t even have real estate in that state.
[/quote]
The Ruffian is correct.
Incorporation in Delaware (or any jurisdiciton witout state corporate income taxation) does not prevent a company from having to pay taxes on income generated in jurisdictions (like New Jersey) where there is a corporate income tax.
All “foreign” (which means not from the state where doing business) companies have to register with the “domestic” state (where the business is done) and file an income tax return allocating income from the taxing jurisdiction.
Public and other companies are often registered in Delaware because: (1) it has a very developed and business-friendly set of laws; (2) it is anti-stockholder in its laws (giving boards and founders more control); (3) historical accident, in that it developed its laws and infrastructure much earlier than other states; and (4) the certificate of incorporation/formation in Delaware does not have to disclose the founders, which allows ownership to remain confidential.
Public companies tend to be formed in Delaware for those reasons, and also due to legal inertia — the laws and regulations assume Delaware because that is “the way it was done”, so it avoids legal fees to simply use Delaware formation.[/quote]
Interesting. Thanks for the clarification. I assumed it was for tax reasons. A few people suggested I should register my LLC in Delaware but I just wanted to keep it simple and register in my home state.