When to apply?

Old Apr 21st 2019, 12:43 am
  #31  
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Default Re: When to apply?

Originally Posted by Hotscot View Post
Which state is being considered?
LLC rules can be quirky.
Not really, anyone can form one in minutes, and IME they are not well policed - i.e. if the annual filing is skipped, nobody seems to give a crap.

I keep my own LLC up to date, but aside from a reminder one year from the Secretary of State when I forgot the annual filing and fee, nobody else seems to care. I went to verify a potential customer in California using the CA SoS Web site, and found that the LLC had been delinquent for three years. I questioned the matter, and within three days the filing had been updated, no appology, no explanation, just an update on the CA SoS web site. I guess that made everything OK.

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Old Apr 21st 2019, 1:27 am
  #32  
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Default Re: When to apply?

Was pondering more on the taxation side of LLC vis a vis other entities. But that's for another thread.

In any case, I've been talking to a potential customer in NJ.
Of course NJ wants me to register my business there,(no other state has required this.), in fact wants to treat me as though I up and moved there physically.
Lots of forms/fees/filing requirements...and they've offered mandated a process to determine if I have a tax nexus there if I just pay the fee.
And before they'll send me a PO I'll first have go through a tax and employee registration process.
I thought CA was bad...

All this gubbins just to sell a single item, to a single customer, in NJ.

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Old Apr 21st 2019, 1:40 am
  #33  
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Default Re: When to apply?

Originally Posted by Hotscot View Post
Was pondering more on the taxation side of LLC vis a vis other entities. But that's for another thread. ...
Taxes are pï$$ easy, that's the whole point of an LLC.
.... In any case, I've been talking to a potential customer in NJ.
Of course NJ wants me to register my business there,(no other state has required this.), in fact wants to treat me as though I up and moved there physically.
Lots of forms/fees/filing requirements...and they've offered mandated a process to determine if I have a tax nexus there if I just pay the fee.
And before they'll send me a PO I'll first have go through a tax and employee registration process.
I thought CA was bad...

All this gubbins just to sell a single item, to a single customer, in NJ.
Unless you're setting up an office there, that doesn't sound right. ... Isn't your business model that of a travelling salesman/ agent? Your customers can buy from you, and as long as you don't "establish a nexus" you shouldn't have to register in NJ. .... Or has NJ enacted a set of requirements to ensnare Amazon and other internet sales businesses and snagged you?

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Old Apr 21st 2019, 1:58 am
  #34  
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Default Re: When to apply?

Did that in Colorado but that is sales tax.
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Old Apr 21st 2019, 2:15 am
  #35  
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Default Re: When to apply?

Originally Posted by Pulaski View Post
Taxes are pï$$ easy, that's the whole point of an LLC.

Unless you're setting up an office there, that doesn't sound right. ... Isn't your business model that of a travelling salesman/ agent? Your customers can buy from you, and as long as you don't "establish a nexus" you shouldn't have to register in NJ. .... Or has NJ enacted a set of requirements to ensnare Amazon and other internet sales businesses and snagged you?

Sorta kinda but it's related to state government contracts of which NJIT would partake.
And yes, it doesn't sound right but apparently it is. I may not actually owe tax anyway as most of the customers are DOE related and are tax exempt. They'll still bite me for the paperwork and fees. Many hoops etc...

Yes, I find taxes easy, that's not the issue, but, for example, here in CA you pay an annual $800 tax whether you have any profit or not.
In addition there's a revenue based fee which gets gets added when you reach certain thresholds. And I reach 'em. (Same with WA.)
That one is a big ouch..so if you have a productive factory going..

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Old Apr 21st 2019, 2:33 am
  #36  
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Default Re: When to apply?

Originally Posted by Hotscot View Post
.... for example, here in CA you pay an annual $800 tax whether you have any profit or not. ...
It's $200 in NC, or $202 if you pay with a card.
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Old Apr 22nd 2019, 6:50 am
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Default Re: When to apply?

Hi the new company is an LLC partnership where the two parties are 50/50. The state is Idaho. I’ll make contact with the attorney myself next week, might make more sense than third hand info
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Old Apr 22nd 2019, 1:09 pm
  #38  
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Default Re: When to apply?

Originally Posted by PinkRibbon View Post
Hi the new company is an LLC partnership where the two parties are 50/50. ….
That, v 50.1% and 49.9% might make the difference for an L-1, but I am not a lawyer.
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Old Apr 22nd 2019, 3:46 pm
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Default Re: When to apply?

Originally Posted by Pulaski View Post
That, v 50.1% and 49.9% might make the difference for an L-1, but I am not a lawyer.
They presumably were aware of the Immigration issues when they set up the business that way.
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Old Apr 22nd 2019, 3:56 pm
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Default Re: When to apply?

Originally Posted by Boiler View Post
They presumably were aware of the Immigration issues when they set up the business that way.
I sincerely doubt that. There wouldn't be much traffic on the BE immigration forums if everyone was always "aware of the immigration issues", so my working theory is always the opposite.
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Old Apr 22nd 2019, 4:04 pm
  #41  
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Default Re: When to apply?

Originally Posted by Pulaski View Post
That, v 50.1% and 49.9% might make the difference for an L-1, but I am not a lawyer.

I'd be surprised if they do fractions.
I have a low opinion of government bodies as well as humanity in general.
And it might not be necessary to have an unequal share.
Look into it later.
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Old Apr 22nd 2019, 4:09 pm
  #42  
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Default Re: When to apply?

Originally Posted by Hotscot View Post
I'd be surprised if they do fractions. ….
Who are "they"? The owners/ investors, or the SoS with jurisdiction over the LLC?

You can generally carve up ownership of an LLC anyway you like, and as there are no shares/ units, you just need the right partnership agreement between the investors to document the percentage ownership of each party.
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Old Apr 22nd 2019, 4:12 pm
  #43  
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Default Re: When to apply?

They..the guv peons.
Low opinion.

But hell...I could be wrong...it could be like π.

(I think I gave Mrs H. a majority control of our entity last week after an animated alcohol fueled 'discussion'.
Oh well)

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Old Apr 22nd 2019, 4:26 pm
  #44  
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Default Re: When to apply?

I did not word my reply very well, and that is being kind.

I agree, looking at it now they more likely set it up from a business point of view with no immigration thought.
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Old Apr 23rd 2019, 12:25 pm
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Default Re: When to apply?

I questioned what my husband told me last night and can confirm that the B visa is to allow him to go out to do work over the next year whilst the L1 or the O visa (depending on what they decide to go for) i.e. the attorney wasn't suggesting he lives over there whilst on a B visa - that was his poor use of vocabulary back to me .

I know the intentions of both parties is for our family to emigrate and would hope that the attorney's have taken this on board yet I guess they are not the immigration specialists and I don't know how norm this would be..

Hotscot - where in Scotland are you from?
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