Legal Question in Business Law in Illinois

I am currently trying to get incorporated for a home based phone agent opportunity over the internet. I am taken back by the high cost of acquiring an LLC in IL (the state I live in). I have heard that I can incorporate in Delaware for a much lower cost with other benefits. Is this legal to do and will I still have to incorporate in IL as well? What tax problems would you foresee in doing this?


Asked on 6/22/10, 3:24 pm

3 Answers from Attorneys
Patrick Tracy Patrick J. Tracy, Esq, P.E.,

This is not a question for a bulletin board. Contact a reputable business attorney in your jurisdiction for assistance.

Patrick Tracy

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Answered on 6/23/10, 3:54 am
Kevin B. Murphy Franchise Foundations, APC

The other attorney is right on point here. This is not a simple bulletin board type question. Consult with an attorney in your area for specifics.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 6/23/10, 6:21 am
Thomas Moens Moens Law Offices, Chartered

I think you are comparing apples to oranges. The filing fee for incorporating a domestic corporation in Illinois is $150, and the franchise tax for most corporations is $25. The filing fee for organizing an LLC in Illinois is $500. If you are conducting business in Illinois, your business entity needs to be authorized to do business in Illinois. So even if you incorporated as a domestic corporation or LLC in Delaware, if you are conducting business in Illinois, you will need to be authorized by the Secretary of State to do so. And coincidentally, the fees for registering as a foreign corporation or LLC are the same as the fees for incorporating a domestic corporation or organizing a domestic LLC. And yes, I agree with you that Illinois' fees for LLCs are extremely high in comparison to other states.

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Answered on 6/23/10, 6:23 am


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