Legal Question in Business Law in New York

Incorporation question

If I started the incorporation process today, as in send the paperwork etc etc but it doesn't arrive til lets say friday and they dont make the corporation official until January 3rd, would the government say I was incorporated in 04 or 05?

I want the start the process now but do not want to risk being charged corporate taxes for only 2 or 3 days.

So is it safe to file the paperwork now?

Thank You


Asked on 12/28/04, 3:55 am

2 Answers from Attorneys

Gary Adelman Adelman Matz, P.C.

Re: Incorporation question

The Corporation becomes incorporated the day that it is filed and accepted by the State of New york. unless you incorporate on a "rush" basis, your incorporation will not be accepted for several weeks. A rush costs $25. Unless you have a oompelling reason to want to file over the next 3 days, I would wait until Monday to even file. If you have any further questions, feel free to contact me.

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Answered on 12/28/04, 8:11 am
Walter LeVine Walter D. LeVine, Esq.

Re: Incorporation question

I agree with Gary, but with a suggestion. If you file on line, using expedited processing (the extra $25.00), you can specify a start date of January 1, 2005. This should allow you 2 advantages: your papers will be processed on an expedited basis (saves several weeks of delay in processing) and you can have an effective start date of January 1, which saves you the 2004 taxes. You will also need to obtain a tax ID number for the corporation, which you can do on line at the IRS website, using Form SS-4. One question, why are you incorporating rather than forming a LLC? This gives you the limited liability of a corporation, can be a one-person entity, and may save you some accounting costs in the long-run. While the initial fees may be higher (NY LLC's have an advertising requirement), there may be advantages. Contact me directly for more information.

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Answered on 12/28/04, 10:59 am


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