If you’re a small business owner, there may come a point when you have to create an LLC in another state. While this can be convenient, it’s important to know your options before deciding which one is best for your business.
In general, the best option is to form your LLC in the state where you are doing business. This is true even if you are location independent or sell online.
New Mexico
If you’re a small business owner, New Mexico is an excellent place to create a limited liability company. The state offers an attractive tax environment, a competitive real estate market, and a low cost of doing business.
Creating an LLC in New Mexico is easy. The process starts with choosing a name, and then you file your Articles of Organization with the state for $50.
The Articles of Organization are the documents that officially establish your LLC, including its basic information and structure. They are filed with the Secretary of State and can take up to a few days for processing.
You also need to appoint a registered agent. This is the person or company that receives communication from the state and forwards it to the LLC.
A registered agent must have a physical address (no post office boxes) in New Mexico and be available to accept legal and tax documents during normal business hours. You can be your own registered agent, or you can hire a third-party service to act as your registered agent for a fee.
Nevada
A limited liability company (LLC) is one of the most popular types of business entities. It combines the flexibility and tax advantages of a partnership with the limited personal liability of a corporation.
The process of creating an LLC in Nevada is relatively easy and inexpensive. Forming an LLC can take a few days by mail, or it can be filed online instantly with the Nevada Secretary of State.
To start a Nevada LLC, you must file articles of organization with the Secretary of State and the first annual report (annual list). These documents can be mailed to your address or submitted online.
You must also choose a name for your business. A unique name is essential for attracting customers.
Your name should be distinctive, and it must meet the requirements for naming an LLC under state law. Some states have additional restrictions, so check with yours before selecting a business name.
If your business is planning to have an online presence, make sure your chosen name is available as a URL. Purchasing a domain will help your company stand out and establish trust with potential customers.
Delaware
If you own a business and want to protect yourself from liability, an LLC is an ideal option. It allows owners (called members) to avoid personal responsibility for business debts and liabilities, and provides other tax benefits compared to a sole proprietorship.
However, before forming your LLC in Delaware, it’s important to consider the state’s requirements and restrictions. The process is quick and easy, with affordable online LLC formation services available to help you get started.
Your Delaware LLC will need a registered agent, which must have a physical address in the state. This is typically performed by a member or manager of the company, but may also be done through a third-party registered agent service.
Once your company is formed, you’ll need to comply with federal, state, and local government regulations. These include filing for a business license and obtaining permits. You’ll also need to pay taxes and follow other business-related laws.
California
Setting up an LLC is a popular business structure in the Golden State. In addition to offering operational flexibility, these companies come with a number of legal protections for owners.
However, they may have more reporting and recordkeeping requirements than other business entities, such as corporations. Also, California imposes a gross receipts tax on LLCs, which corporations do not have to pay.
To form an LLC in California, you need to first choose a name for your company and submit your Articles of Organization. You can do this online or in person at your local state office.
You will also need to file your Statement of Information within 90 days. This document is used to update the State with your company’s current information, and filing it late can cause your business to be suspended.
You will then need to apply for your Employer Identification Number (EIN), which is used by the IRS to track your business taxes. Lastly, you will need to obtain your business licenses from cities and counties.