Legal Question in Business Law in California
I am seriously thinking about applying for a Nevada S Corporation because of the tax and liability benefits from my current California Partnership status. I did a lot of reading and understand that you don�t have to be based in Nevada to have a Nevada corporation but how would the taxes work (both personal and corporate). If I�m headquartered in CA, were all my employees are, would I still need to have a business license etc. from CA. What else would I need to know when moving to NV. Thanks
3 Answers from Attorneys
What you are reading on the internet is only a half truth. A California business that incorporates in Nevada still has to pay California taxes on business originating from California (including the annual $800 franchise tax). Based on your description, you will see very little benefit from incorporating in Nevada.
Mr. Jefferson is correct. Taxation is based on the source of the income, not the location of the corporation. If you could only pay taxes in the state of incorporation, Delaware would be passing out money to its citizens instead of taxing them, the way Alaska does with oil severance tax revenue, except they'd be giving each citizen millions. Every business incorporated in another state that does business in California must register as a "foreign" corporation, and pay all the same taxes and fees as a "domestic" California corp.
You would get the same liability protection of incorporating in California. From what you have said, it is unclear that you would receive any tax benefit from incorporating in Nevada and could, in fact, be worse off as you would make your tax reporting significantly more complicated.
IMPORTANT NOTICE: The above response is not intended to, and does not, create an attorney-client, fiduciary or other confidential relationship with the responder. Neither does it constitute the providing of legal advice or services or the giving of a legal opinion by the responder. Such a relationship can only be created, and legal advice and/or legal services provided, pursuant to a written agreement with the responder. Accordingly, no obligations of any kind are assumed with respect to any matter or question presented. It should also be noted that legal issues are often time sensitive and legal rights may be lost or compromised if you do not act in a timely fashion.
Related Questions & Answers
-
Wine Wholesaler permit from the TTB. I would like to apply for one, so I purchase... Asked 10/06/10, 12:03 pm in United States California Business Law
-
We were quoted a price for a leased car with a down payment over the phone by a... Asked 10/04/10, 3:34 pm in United States California Business Law
-
Can a British company be a "foreign entity doing business in CA" or do... Asked 10/04/10, 12:32 pm in United States California Business Law
-
I have a question about what constitutes an interested non-profit director as it... Asked 10/04/10, 12:23 pm in United States California Business Law