Best way to get a LLC

[Vendzilla]

I've been told that getting a LLC in Nevada is the best state to get it. Is there a service or website that's best for getting it there?
I looked at the cost of doing it in California, not doing that, LOL

[DaddyHalbucks]

Yes, I will email you.

[IllTestYourGirls]

A lawyer?

[BAKO]

If you come to la I'll get you one for free :-)

[bloggerz]

LLC.com
Legalzoom.com

[Amputate Your Head]

Originally Posted by Vendzilla

I've been told that getting a LLC in Nevada is the best state to get it. Is there a service or website that's best for getting it there?
I looked at the cost of doing it in California, not doing that, LOL

A Nevada LLC does not help you unless you live in Nevada or have an office there. Don't buy into all the bullshit urban legends. The IRS will crack down on you if you have a Nevada corp and don't actually do any business there.

California is expensive, but if that's where your business is, that's what you do. The rest of us Cali's gotta do it too.

As long as you don't have anything out of the ordinary that would require a lawyer to pore over every word, I would recommend LegalZoom (legalzoom.com). Cheap, fast, legal, effective. And just so you know, Cali let's you slide the first year on those outrageous fees. ($800 per year). (if that helps at all.)

[Amputate Your Head]

Oh, also V.... don't forget, even if you do go ahead and form your LLC in Nevada, you will then still have to register in California as a foreign corp if you plan on doing business in California. That means you pay Nevada's fees as well as California's.

[Vendzilla]

Originally Posted by Amputate Your Head

A Nevada LLC does not help you unless you live in Nevada or have an office there. Don't buy into all the bullshit urban legends. The IRS will crack down on you if you have a Nevada corp and don't actually do any business there.

California is expensive, but if that's where your business is, that's what you do. The rest of us Cali's gotta do it too.

As long as you don't have anything out of the ordinary that would require a lawyer to pore over every word, I would recommend LegalZoom (legalzoom.com). Cheap, fast, legal, effective. And just so you know, Cali let's you slide the first year on those outrageous fees. ($800 per year). (if that helps at all.)

more than $800

The LLC will be taxed at the corporate tax rate of 8.84 percent and will be subject to a minimum tax of $800.

[Barefootsies]

Contact lawyer. $350-500.00

[Amputate Your Head]

Originally Posted by Vendzilla

more than $800

The LLC will be taxed at the corporate tax rate of 8.84 percent and will be subject to a minimum tax of $800.

Yeah. The fee is $800 per year. The initial corporate formation fees are different for every state as well, but they are separate, and different from the $800 fee. It's the same for LLCs and Inc's. Just the way it is. Cali sucks. But registering somewhere else doesn't really help you because you'd still have to register in Cali and pay the fees either way. Registering somewhere else only adds that state's fees & paperwork to your bill.

or you could move to Nevada I suppose.

[deadbabes]

Look up Legal Zoom complaints. There are plenty. You can form an LLC yourself with your Secretary of State's Office-and usually online ans save yourself their outrageous fees. For an S or C corp, you should definitely contact a lawyer.

[Stephen]

Originally Posted by Amputate Your Head

Don't buy into all the bullshit urban legends.

My friend got a Nevada LLC under which he operates a medical marijuana dispensary in CA

I asked why.
"It's cheaper," he says.

"Did you consider that your product is illegal there?" I said.
"WHAT? What does THAT have to do with anything?" he laughed.

Despite the common practice of shooting content in NV/Vegas, I'll opine that an adult content production company, Vend, may likewise rather form in CA (or, in tax-free NH)

[Vendzilla]

Originally Posted by DaddyHalbucks

Yes, I will email you.

thanx for the email
Have to see what he says, but I will also talk to our lawyer


California would be getting more than the biller

[Amputate Your Head]

Originally Posted by deadbabes

Look up Legal Zoom complaints. There are plenty. You can form an LLC yourself with your Secretary of State's Office-and usually online ans save yourself their outrageous fees. For an S or C corp, you should definitely contact a lawyer.

Just to add some balance to this, I've formed many LLCs and S-corps in different states through LegalZoom and never once had a single problem. All my questions were met with professionalism and courtesy.

[Sly]

LLC may not even be what's best for your situation. Lawyer up, probably the best $500 you'll spend.

[Vendzilla]

Originally Posted by Amputate Your Head

Yeah. The fee is $800 per year. The initial corporate formation fees are different for every state as well, but they are separate, and different from the $800 fee. It's the same for LLCs and Inc's. Just the way it is. Cali sucks. But registering somewhere else doesn't really help you because you'd still have to register in Cali and pay the fees either way. Registering somewhere else only adds that state's fees & paperwork to your bill.

or you could move to Nevada I suppose.

I was thinking that my daughter is moving to Washington state, maybe use her address

Originally Posted by Stephen

My friend got a Nevada LLC under which he operates a medical marijuana dispensary in CA

I asked why.
"It's cheaper," he says.

"Did you consider that your product is illegal there?" I said.
"WHAT? What does THAT have to do with anything?" he laughed.

Despite the common practice of shooting content in NV/Vegas, I'll opine that an adult content production company, Vend, may likewise rather form in CA (or, in tax-free NH)

But with the same thought, are all porn companies using California for an LLC?

[Amputate Your Head]

Originally Posted by Stephen

My friend got a Nevada LLC under which he operates a medical marijuana dispensary in CA

I asked why.
"It's cheaper," he says.

"Did you consider that your product is illegal there?" I said.
"WHAT? What does THAT have to do with anything?" he laughed.

Despite the common practice of shooting content in NV/Vegas, I'll opine that an adult content production company, Vend, may likewise rather form in CA (or, in tax-free NH)

All good until the IRS audits you & finds out you have no business location or registered agent in the state (whatever state), and they nullify your LLC and send you a giant tax bill or slap you with evasion. He's also evading California (by not paying sales tax, fees, etc... while doing business there) and there could be consequences for that as well.

However, I'll agree that if you're shooting content in Vegas, that "should" qualify as doing business in that state. But that's really iffy if there's no permanent physical presence for the business. (Lawyer time there).

[Klen]

And how someone outside usa can open company?

[bronco67]

I LLC'ed with Legalzoom about 3 years ago, and have had no problems.

[Amputate Your Head]

Originally Posted by Sly

LLC may not even be what's best for your situation. Lawyer up, probably the best $500 you'll spend.

LLCs protect you (and the LLC) from your partners & creditors. An LLC is virtually immune to hostile takeover by a judgment creditor. An S-corp is not. So, for example... let's say your partner is having his house foreclosed on and has a lot of other debt trouble. If the creditor gets a judgment against him, the creditor could assume control of an S-corp, and literally do anything they want with their share of it. (the creditor is now your new partner... and quite possibly the controlling partner). An LLC has protections against that happening.

Plus an LLC has much less formal paperwork than a C-corp or even an S-corp.

[Sly]

Originally Posted by Amputate Your Head

LLCs protect you (and the LLC) from your partners & creditors. An LLC is virtually immune to hostile takeover by a judgment creditor. An S-corp is not. So, for example... let's say your partner is having his house foreclosed on and has a lot of other debt trouble. If the creditor gets a judgment against him, the creditor could assume control of an S-corp, and literally do anything they want with their share of it. (the creditor is now your new partner... and quite possibly the controlling partner). An LLC has protections against that happening.

Plus an LLC has much less formal paperwork than a C-corp or even an S-corp.

LOL, thanks for the breakdown, I already know what they are and what they do. At the end of the day, everyone's situation is completely different. I do not have LLCs, I have C's. That's what my lawyer recommended for my situation. Had I listened to everyone on GFY, I would have LLCs. I'll take my lawyer's advice, he is the expert.

[Sly]

And actually my cousin is a CPA. He was telling me about a new structure that a lot of companies are moving over to, might have to check that out. Again, lawyer.

[Amputate Your Head]

Originally Posted by Sly

LOL, thanks for the breakdown, I already know what they are and what they do. At the end of the day, everyone's situation is completely different. I do not have LLCs, I have C's. That's what my lawyer recommended for my situation. Had I listened to everyone on GFY, I would have LLCs. I'll take my lawyer's advice, he is the expert.

Well, it was more like, just a general info post, not really directed at you.... just used your post as a jumping off point there.

I have S-corps.

[ahoy]

Originally Posted by Amputate Your Head

LLCs protect you (and the LLC) from your partners & creditors. An LLC is virtually immune to hostile takeover by a judgment creditor. An S-corp is not. So, for example... let's say your partner is having his house foreclosed on and has a lot of other debt trouble. If the creditor gets a judgment against him, the creditor could assume control of an S-corp, and literally do anything they want with their share of it. (the creditor is now your new partner... and quite possibly the controlling partner). An LLC has protections against that happening.

Plus an LLC has much less formal paperwork than a C-corp or even an S-corp.

Been looking into this a little myself. Doesn't an C and S Corp have better tax benefits over an LLC though?

Also, almost everyone I have talked to has advised setting it up in either Nevada or Delaware, I have yet to hear any horror stories of that back firing.

[Amputate Your Head]

Originally Posted by ahoy

Been looking into this a little myself. Doesn't an C and S Corp have better tax benefits over an LLC though?

You can file a single form to have an LLC taxed as an S-corp, so no... they can be exactly the same. A C-corp has other benefits that an S does not... but a C-corp is a lot of work, and it can't be run by a single member like LLCs and S-corps can.

Originally Posted by ahoy

Also, almost everyone I have talked to has advised setting it up in either Nevada or Delaware, I have yet to hear any horror stories of that back firing.

Well, I've heard lots of stories too, and there's lots of them on the Internet. But I don't take my legal advice from incorporation promoters because most of them lie. What I do know is the facts of running a corp. And if you do business in a state as a corporation, any state, you must be registered there as either your primary state of business or as a foreign corp. Either way you're paying those fees.... or you're walking on the wild side hoping not to get caught. If that's acceptable to someone for their business... more power to ya. I'm not going to do that though. Not a fan of IRS trouble. I've looked into it probably a thousand times over the last decade.... it's not a good idea in my opinion, for what it's worth.

[pornlaw]

Amputate is all over this and is 100% correct. The only other thing I can add is that if you get sued in California and you have a Nevada LLC service is easier since all that has to be done is to send the Complaint/Summons to the registered agent in NV via certified mail with return receipt - personal service isnt necessary.

And companies that do serve as agents in NV are notoriously bad at sending the Complaint/Summons to their clients. So you may not even know you got served until too late to defend.

[woj]

Just talk to a CPA, he will set everything up for you for a few hundred bucks + filing fees... setting up a corporate structure is not hard, but it's really only the first step... the real benefits come from what you do with it, there are quite a few tricks and loop holes that you can use that could save you $1000s in taxes per year...

[Vendzilla]

Since the business is completely online for now, I may get a LLC in Nevada or Delaware, then when things get bigger, move it to California, or move to Nevada "LOL". I'll chat with the lawyer tomorrow.

[Vendzilla]

Originally Posted by woj

Just talk to a CPA, he will set everything up for you for a few hundred bucks + filing fees... setting up a corporate structure is not hard, but it's really only the first step... the real benefits come from what you do with it, there are quite a few tricks and loop holes that you can use that could save you $1000s in taxes per year...

I just remembered my sister went to school to become a cpa, she's way above that now, she's a VP of a big telecommunication company, I'm sure she will know something

[Amputate Your Head]

Originally Posted by Vendzilla

Since the business is completely online for now, I may get a LLC in Nevada or Delaware, then when things get bigger, move it to California, or move to Nevada "LOL". I'll chat with the lawyer tomorrow.

From "How To Avoid Income Taxes" (a scam promoter using the Nevada LLC scam to push his own different scam).

A study conducted by the I.R.S. determined that as many as 90% of the individuals registering companies in Nevada were in violation of federal tax laws.

From IncorporationWeb:
Should You Form a Nevada LLC?

The short answer is yes...if your business is located in Nevada. Otherwise, your best bet is to form your business entity in the state where your business operates.

There many myths about forming Nevada LLCs and corporations. One such myth is that you can avoid paying federal income tax by incorporating in Nevada. Thats completely untrue. There is no way to avoid federal income taxes other than not making money or leaving the country (and even then they can levy an expatriation tax).

You cant even avoid state income taxes with a Nevada LLC. While Nevada has no state income tax, if the state that youre a resident in does, then when you draw a salary or profits from your Nevada LLC, youll be liable to your home state for income tax. To avoid those high state taxes, youll have to move.

Another myth is that you can hide your assets from your creditors (including ex-spouses and bankruptcy trustees) by forming a Nevada corporation and handing bearer shares in the corporation to an accomplice.

Needless to say, these techniques dont work. Bad things happen when you try to cheat the IRS or a bankruptcy judge. And actually, its unnecessary. Most people, if they used the tax rules to their fullest, would save more money than they do already. It is not necessary to cheat to lower your tax bill.

The bottom line is that you should form your LLC in the state where your business is located.

[Ethersync]

Originally Posted by Amputate Your Head

All good until the IRS audits you & finds out you have no business location or registered agent in the state (whatever state), and they nullify your LLC and send you a giant tax bill or slap you with evasion.

Why would the IRS care about this at all? It does not affect federal income tax. I always thought it was a state issue (e.g. California comes after you for not registering as a foreign corp.).

[Amputate Your Head]

Originally Posted by Ethersync

Why would the IRS care about this at all? It does not affect federal income tax. I always thought it was a state issue (e.g. California comes after you for not registering as a foreign corp.).

Well, I won't pretend to know the inner workings of the IRS, but Nevada corps are very much on their radar, and even if you passed a federal audit, don't you think they'd be reporting you to the state you're fucking? Either way it won't turn out well.

It obviously must be of some concern & interest to the IRS if they're making claims like this:

A study conducted by the I.R.S. determined that as many as 90% of the individuals registering companies in Nevada were in violation of federal tax laws.

So, I guess the question is, why paint a target on your forehead for them just to save a few hundred bucks?

[Supz]

Check out FLorida. www.sunbiz.org. Very cheap. And you will have it in minutes.

[Why]

dont use a washington address. they are heavy handed on the fees.

[Vendzilla]

well it looks like the fees to set it up are only $70 in california, at least thats what I can find so far

[Amputate Your Head]

Here is some typical promoter schtick: LINK

Nevada Registrations, Inc. offers a full line of corporate products and services to include: NEW NEVADA CORPORATE REGISTRATIONS, NEVADA LLC, AGED CORPORATE SHELLS, OFFICER NOMINEE SERVICES, EIN PROCUREMENT, "S" CHAPTER FILING, SCORE FINANCING, BUSINESS LICENSES AND BANK ACCOUNT OPENING.

This = roughly 30 pieces of paper you'll use maybe 10 of, once. You can get a federal EIN by calling a phone number. "S" Chapter filing is a single sheet of paper that a 5-year old can fill out. A business license can be easily obtained in any city you choose. "Bank account opening"? Not sure I even like the sound of that.

Incorporate in Nevada now and take advantage of the only state that has absolutely no state taxes on Nevada corporations, dividends or individuals. Your protection against these Corporate taxes is the absolute prohibition of these taxes by the Nevada State Constitution.

Crock of shit that doesn't apply if you're doing business outside of Nevada. If you are not a resident of Nevada this is entirely useless to you. Plus, S-corps and LLCs pass-through to the owner, so your corp doesn't technically pay them, but you do on your personal returns.

Call me today and discuss how Nevada Corporations can "bullet & judgment proof" your hard earned family estate.

There is no such thing as "bullet & judgment proof" when it comes to corps. One judge can bring your world down. Nevada corps too.

[Ethersync]

Originally Posted by Amputate Your Head

Well, I won't pretend to know the inner workings of the IRS, but Nevada corps are very much on their radar, and even if you passed a federal audit, don't you think they'd be reporting you to the state you're fucking? Either way it won't turn out well.

It obviously must be of some concern & interest to the IRS if they're making claims like this:

So, I guess the question is, why paint a target on your forehead for them just to save a few hundred bucks?

Well, I am certainly not suggesting people skip out on doing their federal income taxes and I am not suggesting out of state companies do not register as a foreign company they are doing business in. I do know of people getting in trouble with the state of California for not registering as a foreign company, but never the IRS.

[Spudstr]

I'll add to the note, your _lawyer_ that represents you/helps you must be bar'd in the state that your corporation is formed. And any contracts you enter/create must have jurisdiction in the state that your lawyers are bar'd in as well. If you say have a VA company with a lawyer thats not bar'd in your state they cannot legally give you legal advice.

[justinsain]

Originally Posted by Supz

Check out FLorida. www.sunbiz.org. Very cheap. And you will have it in minutes.

I believe the annual fee is $40 or $50

[Z]

Check out www.incparadise.com for US corps.

Email me for offshore Panama corporations and foundations.

[$5 submissions]

bizfilings is good too. If you're not a resident of NV, you will need a "local agent" for service of process. They provide that service.

[DateDoc]

AMP is right. I have a NV LLC but I live in NV so it made sense for me.

[SallyRand]

Actually you can incorporate in any state and do buisness as that corporation in any other state, although there may be additional local filings "technically" required. Since you are doing internet business, you probably don't need a "brick-and-mortar" office and you can appoint yourself as a Business Agent for your coporation and work out of your home quite legally. With the proper corporate documents; Articles of Incorporation, Letter of Good Standing for the state in which you are incorporated, an EIN (Employer Identification Number); you need this whether or not your corporation has any employees, you can open bank accounts in your state for the corporation.

The EIN is the equivalent of an SSN (Social Security Number) for businesses and corporations and you MUST have one to do business as a corporation.

LLCs are not my favorite as they are transparent, whereas the only information publicly available for corproations are the names of the corporate offcers (Not necessarily you!) , which may be nominal and the name of the Registered Agent. As a consequence, I do not recommend LLCs for use in internet marketing. In short, if you set things up properly, it is both quite possible and quite legal for a person to completely control and operate a corporation in near complete anonymity!

This could be a very good thing if you are perhaps a school teacher but also an adult webmaster. You operate through your coporation and no one knows who you are. This setup will keep your Board of Education off your ass!

Tahe IRS cares only if your corporation is properly registered, in good standing, has an EIN and files its tax returns and couldn't care less about anything connected with the state in which you live, so state issues are not a concern to them. Most people for whom I've set up corporations don't even bother with state filings unless the state in which they live approaches them on the matter.

I set up corporations for others nation and world-wide and there are no additional requirements such as business licenses, insurance, social security numbers, etc. to set up the corporation and have been doing this for about ten years, so I know what is up with establishing corporations. The actual owners of those corporations then use the corporations to conduct business wherever they live.

Hit me up on AIM, Skype or ICQ if I can be of any assistance.

Sally.

[theking]

Originally Posted by Vendzilla

well it looks like the fees to set it up are only $70 in california, at least thats what I can find so far

I would advise you to pay attention to what Amp and PornLaw posted. Play it 100% up and up and it can save you major headaches in the long run.

[Vendzilla]

Originally Posted by theking

I would advise you to pay attention to what Amp and PornLaw posted. Play it 100% up and up and it can save you major headaches in the long run.

I'm talking to my lawyer tomorrow, new thing for me having a business, I have in the past, but didn't have to do things like this because it was just me, now I have a partner and some employee's before too long and it's going to be a lot bigger. I figured this was the best way to learn about this and I was right. In setting up billing, I found that I needed an EIN which I can get pretty easy, then I'll get a LLC or other depending on what the lawyer says.
Looking more into it, I plan on selling tangible goods from a toy store and since I'll be selling from California, then I better get what I need from California. Branding Briana Banks will be easy, expanding as I can, so I better not take any short cuts.


BTW, My company announcement made it to the cover of Xbiz Premiere
Pretty cool!!!

[pornlaw]

LLC first then EIN....

[Amputate Your Head]

Originally Posted by pornlaw

LLC first then EIN....

+1

EIN is easy. Takes 5 minutes on the phone. This must wait until after formation though.

[Vendzilla]

Thanx for all the input, talked to my lawyer, getting a LLC in California, then an EIN. He actually checked his email on a sunday

[Spudstr]

Originally Posted by Amputate Your Head

+1

EIN is easy. Takes 5 minutes on the phone. This must wait until after formation though.

You can get a EIN over the web now as well. Quick and painless.

[TidalWave]

http://www.thedelawarecompany.com/