In order to form an incorporate LLC, members should be aware of the rules and regulations of their state. The state in which the LLC is formed will be subject to those specific jurisdictional requirements. When a business owner chooses to form an incorporate LLC, he or she will have to pay filing fees and submit paperwork to the corporations department of the state secretary's office. LLC financial records will be kept by the state, as well as by the members of the business.
In order to do business outside of the state in which the incorporate LLC was formed, the business will have to meet certain requirements. Sometimes an LLC may wish to do business within the formation state, as well as neighboring states. In this case the members must go through a process called qualifying to do business". Intrastate business refers to LLC financial operations that take place entirely within the borders of a state. This means that a business may have their headquarters in one state, but own a warehouse in another state where products are manufactured. The incorporate LLC must qualify to do business in both of these state.
This will include paying taxes in both states. Interstate business, on the other hand, does not require the LLC to qualify in more than one state. This occurs when the headquarters, and all manufacturing of products, is conducted entirely in one state, but the company will ship its products to consumers who may be located in another state. Due to the fact that the LLC is conducting business operations in only one state in this example, they only have to qualify to do business in one state.
Qualifying to conduct business in another state is a relatively simple process. LLC financial records and other paperwork must be filed with that state, and a filing fee must be paid. The incorporate LLC is also required to appoint a registered agent who resides within the state in which the LLC desires to do business. This person will be responsible for collecting legal paperwork. Once the registration is complete, LLCs will be required to pay income taxes for each state they are registered in.
Members looking to form an incorporate LLC should also be aware of the specific tax regulations of each state. The use of pass-through taxation is one of the most significant LLC financial benefits. In general, the Internal Revenue Service (IRS) will tax LLCs as partnerships, meaning that they will not have to file income taxes for the business itself. Many people choose to use this business method because of the LLC financial taxation. Although most state legislation reflects this, members should be aware of the deviations in tax laws depending on jurisdiction. For example, within the District of Columbia, LLCs are considered to be taxable businesses.
