Legal Question in Tax Law in California

Moving Our Incorporated Business from NY to CA

We recently moved to California from

New York. We'd like to move our

incorporated business to California

and avoid the necessity of New York

tax returns. How is this

accomplished? A thorough

exploration of California's Secretary of

State website was not helpful.

Much thanks.


Asked on 1/27/09, 12:43 pm

2 Answers from Attorneys

Bryan C. Becker Your Lawyer for Life.

Re: Moving Our Incorporated Business from NY to CA

As a starting point, it is worth noting that if you are now operating the business in California you would have file for and qualify as a foreign entity doing business in California anyway, which can be a lengthy and complicated process. So, it often makes sense to just incorporate in California. We often advise clients to set up subsidiary corporations, but it sound like you want to simplify things on the tax side. Depending upon the form of the NY business, i.e., LLC, S-Corp, etc., your options will vary. Dissolution of the NY corp may be an option, but again, we would need more information before being able to give you all of your options. Feel free to contact me if you would like to discuss further.

Yours truly,

Bryan

877.201.8728

619.400.4929

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Answered on 1/27/09, 1:06 pm
Scott Linden Scott H. Linden, Esq.

Re: Moving Our Incorporated Business from NY to CA

Normally, an out of state corporation doing business in CA needs to file a document stating so. However, it appears that you are leaning more towards closing the NY corporation and opening a new CA corporation under the same name.

Our office can certainly help you accomplish this goal.

If you would like assistance, please feel free to contact me at the email provided by LawGuru, or through our firm's site at No-Probate.com.

Scott

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Answered on 1/27/09, 3:15 pm


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