Who Should Incorporate Out of State?

Reasons to incorporate your small business out ofNevada, have advantageous tax laws, it might not be
stateto your advantage to operate in your home state as a
So you've decided to incorporate your small business"foreign corporation". Many states require corporations
and protect your personal assets. Unless you live inthat are registered out of state to register as a foreign
Delaware, Nevada or Wyoming, you're probablycorporation. This registration is required to do business
considering incorporating out of state. Nevada has noand may also include yearly franchise fees and
corporate income tax on profits, no state annualincome taxes.
franchise tax and no annual personal income tax.What if you get sued?
Delaware offers so much protection and flexibility thatIncorporating may protect your personal assets but
most of the companies listed on the NYSE arethat doesn't mean that someone can't sue your
incorporated there. Despite all the reasons giantcorporation. To compound matters it may be
corporations are typically located out of state it mightnecessary to hire an attorney and defend your self in
be advantageous for your small business toyour state of incorporation. Law suits in themselves
incorporate in its home state. Here's why.are a real hassle. Imagine having to travel across the
Hassles and expenses of incorporating out of statecountry each time you were required to appear in
You must have a local presence in the state youcourt.
incorporate in. So unless you've got a cousin in NevadaWell, what's it going to be then, eh?
that's willing to act as a legal representative for yourUnfortunately the decision to incorporate out of state is
business, you're out of luck. Of course there is thenot as simple as choosing the type font for your
option of hiring a registered agent to act asletterhead. There are several different factors to
representative for your corporation. Registered agentinfluence your decision. The most important of which
charge reasonable fees, but they often representare your state of operation's tax laws and the size of
hundreds of other out-of-state corporations. Do youyour business. This is definitely not a decision that
really want that person making legal decisions if you'reshould be left to one person. Speak with as many
unavailable, or would you rather pay an expensivequalified CPAs, attorneys and most importantly
corporate attorney?business owners who've been in a similar position
Taxes and franchise fees associated withbefore making a decision that could be very costly
incorporating out of stateindeed.
This can get a bit tricky. Although some states, like