Changing state of incorporation
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Changing Incorporation FAQ
You should incorporate your business (LLC or Corporation) in the state in which you're doing business. For example, if you'll be operating your business in California, then you should form your LLC in California.
Keep Old LLC and Register In New State Perhaps the easiest way to move your LLC to a new state is to keep your old LLC and register it as a foreign LLC in the new state where you want to relocate. This entails filing a form and paying an annual fee, which varies from state to state.
Can you incorporate in multiple states? No; although your corporation or limited liability company can register and do business in multiple states, you are only allowed to incorporate in one state.
Form the new-state corporation. Transfer assets and liabilities of the existing corporation to the new-state corporation. Form the new-state corporation. Convert the existing corporation to a new-state corporation.
If you move your corporate or LLC offices to a new state, and you decide you want to change your state of formation, you have one of three options:Do a reorganization, where a corporation or LLC is formed in the new state and the old corporation or LLC is merged into it. Enter into a statutory conversion/domestication
You don't have to incorporate in the state where you live, but you should choose the state carefully. When you incorporate your business, you take on tax obligations as well as regulations regarding how you operate your company.
Every state levies some form of taxation upon companies that incorporate within their jurisdiction: corporate tax, franchise tax, annual reporting fees, etc. But taxes must be paid in any state where your business has either a physical or economic nexus.
Can you incorporate in multiple states? Technically, you incorporate a business in a single state, but can register to operate your business in additional states by filing a foreign qualification. This basically allows you to register your business in any other state you plan on conducting business.
A new corporation or LLC has to be formed in the new state and the dissolved corporation's or LLC's assets, properties, and liabilities will have to be transferred, by contract, to the new one.Since S corporations are pass-through entities, there may be no immediate cost to the corporation or its shareholders.