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Once you've decided to incorporate your small business the next step is deciding which state to incorporate in. A common misconception is that businesses must incorporate in their state of operation. You can, in fact, incorporate in any one of the 50 states and the District of Columbia regardless of where your business currently operates. It is perfectly acceptable to incorporate in a state other than your current area of operation, but
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Delaware appears to be the place to be if you are a publicly traded company or desire to be a member of the Fortune 500. The state of Delaware has modern laws, a Court of Chancery, and a business savvy government that makes Delaware incorporation easier and more beneficial to the organization. Still, it is important to follow laws and procedures when completing your Delaware incorporation process. Delaware is home to more
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When it comes to the term 'offshore' used in conjunction with company incorporation, the term 'offshore' generally refers to any jurisdiction other than one in which the company incorporated will conduct the majority of its activities. Usually such a jurisdiction has some degree of taxation or reporting benefit attached that makes it attractive to the company owner, and the concept of incorporating a company offshore will bring at least one of
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-"Why should I incorporate? I can just do this business as a sole proprietor, right?" -"Isn't it complicated and expensive to form a corporation?" -"I run my business with my spouse, and we have a partnership. Why would we need to have a corporation?" These have to be the most frequently asked questions that I--and my own financial and legal advisors--get from our clients. The vast majority of
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"S Corporation or LLC?" is a common question for new business owners. I have several people call me each week asking this. I always tell them the question is impossible to answer. And here's why. An LLC is chameleon for income tax purposes. Therefore, an LLC can be anything the owner or owners (who are called members) want the LLC to be--including an S corporation. An LLC with one owner, for
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