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BenFitts
Posted: Monday, July 26, 2010 12:29:44 PM
Rank: Rhodium

Joined: 9/2/2003
Posts: 2,683
Location: BenjaminFitts.com
Let's talk about Nevada corporations. I know we have a few members who are specialists at setting up Nevada corporations. I know there are benefits to a corporation based in Delaware or Nevada for example. Let's talk about Nevada corps.

If I setup a Nevada corp do I need to also get an accountant who is from Nevada or familiar with their tax laws?

If I have a corporation created in another state, what is the best way to move it? Do I start a new corp in Nevada? Is there a way to move the existing corp?

Thanks in advance.
AP Attorney
Posted: Monday, July 26, 2010 5:25:58 PM
Rank: Copper

Joined: 7/22/2010
Posts: 2
Location: Washington
Ben,

Currently Nevada does not have a corporate tax for business that do not have employees that live and work in Nevada (this may change when Nevada goes back into session next year) so a Nevada CAP is not necessary unless you actually live in work in Nevada. I think an area that many people are confused about is the benefits from incorporating in Nevada, Wyoming, or Delaware ("NWD"). Generally I will steer my real estate investor clients away from a NWD if they plan on conducting business in the state in which they reside e.g., California investor will be purchasing in California then he would be best served with a California corporation. I state this because many of the benefits of incorporating in NWD (enhanced asset protection, anonymity, etc.) are lost once you file your NWD in the state where you are conducting your investing. I wrote an article on this exact same subject last year (http://www.alglaw.com/news/view/22). I usually suggest the use of a NWD if the investor is operating in multiple states.

If you want to move your existing corporation to Nevada then I would suggest a conversion wherein you change the domicile from your state to Nevada. You keep the same company just move its home jurisdiction. If your state does not permit a conversion then you will need to setup a new corp in Nevada and dissolve your existing company into your new Nevada entity.

Best regards,
Clint Coons, Esq
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