Can I domesticate my company to another state?

Category : Articles About Moving Company From One State To Another
Posted On : 19th Jun 2014

An entity has three choices to conduct business in order to conduct business in the other state:

 

  1. Move company from one state to another and use the same employer identification number and transfer the company's age as well.
  2. Create a foreign entity and use same E.I.N number, but maintain both the states regardless of active or inactive business.
  3. Dissolve company and create a new domestic company where the owners are moving.

Domesticating involves the "transfer/move/domicile" of an existing corporation to a new jurisdiction. If you are planning to relocate your business outside of the State within which you are now incorporated, you may want to domesticate.

You also have an option of merely dissolving the existing corporation and re-incorporating in your new home state, Domestication may be the more attractive alternative. This is because Domestication allows you to retain or save the "age" of the corporation, which may be important if you want to keep your existing Federal Tax Identification Number, corporate bank accounts and lines of credit. In addition, retaining the "age" of the corporation may be useful if you are applying for new lines of credit and/or special government exemptions.

While the domestication process is usually straightforward, it is important that the entity seeking domestication consult with its business consultants and greater business advising team through the process.  Questions of compliance with foreign law and internal governing documents come into play through the domestication process.

 

Note: List of the States that Allow the Article of Domestication and Article of Conversion

 

 

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ATD

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I am a US Citizen, now currently in India and likely to be here for several years. I would like to open an LLC in my former home state of Maryland in the US (I will likely be the only employee as a consultant), and provide my consulting services in the telecommunications area to US companies. Following are my questions: 1) Can opening an LLC in US be done, without me having a permanent address in the US and myself working from India to US companies 2) If so, what are the general tax implications? I assume that I will have to pay US taxes, including SS matching for myself. What is the approximate tax %? I assume that I will not get any typical tax benefits of a US resident LLC 3) I will be charging customers typical US labor rate and getting paid in dollars Thanks!

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Reply from: infotaxsquare.com | 2012-08-24

Dear ATD:

Thanks for choosing InfoTaxSquare.com for your business needs. You can use the following link for most of your questions and if still need any assistance please call us at 1+516.822.3100.00 to Register LLC in Mariland.

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Nicole Brown

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Opening a small business (food store) what I should do first I need help with business plan where to register?

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Reply from: infotaxsquare.com | 2010-05-05

  • Decide the best structure for your business like Corporation, Limited Liability company or sole proprietor
  • What licenses you may need?
  • Do you to have to buy workers compensation for your employees?

It is highly recommended to retain a professional to guide you step-by-step

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Nannei Tanson

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What are the pros and cons of re-incorporating under a different/new name, tax ID etc?

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Reply from: infotaxsquare.com | 2010-05-05

A pro as making a fresh start/clean break/clean new books? A con as losing the good credit history built up? Other considerations? Overall bad or good idea?  From tax perspective maybe?

 

  1. If trying to avoid tax liabilities then it is a bad idea
  2. If you owe  p.roll or sales taxes to the departments then new licenses will not be issued until pay all prior dues.
  3. With a new start will lose all credibility
  4. Bottom line it all depends what you want to achieve by creating a new entity instead of using existing.

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