Legal Question in Business Law in New York

Re: Incorporation

You first need to determine the form of the company (d/b/a, corp., LLC, partnership, LLP, LP, etc.) and the state you will be forming in. They you need to draft the proper papers and file them based on the form of the company and the state. You will also need to determine your tax type (if a corp. is it an "S" or a "C"; if an LLC will it be taxed as a partnership or a corporation). You may have to file certain forms based on this. You will also need (as your question acknowledges) to file w/ the IRS to get a tax ID -- but ONLY if you form certain types of companies.

Most of this can be done online in terms of the filings. Much of the research can be done there as well.

The problem lies in the combined complexity of the choices. You may, therefore, safely consult a lawyer with expertise in forming new ventures. This is particularly important if you have any existing assets such as a home, stock portfolio, etc.

Re: Incorporation

Generally, you would just file with the department of business in the particular state in which you wish to file. Then, based on the type of entity you wish to create you can contact the IRS for a FEIN. If you have any questions, you should contact an attorney who may file on your behalf.

Best of Luck!

Re: Incorporation

Forming a Corporation or LLC can be a little tricky, there are certain differences that can impact the company and you as an owner. You really may want to consider having an attorney assist you with the filing and preparation of the necessary documents. Would you be the sole member or principal of the Corp/LLC? Would you need a partnership agreement or Articles of Incorporation prepared for you?

This area of law is our specialty, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.

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