If your website or business does not operate out of a corporation or LLC, you’ve probably given some thought at one time or another as to whether there is any benefit to you or your business to have one. Online businesses are different from traditional businesses in many ways that make them especially good candidates for operating out of a formal business entity.
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One of the great benefits of incorporating is that you create legal separation between you and your business. In other words, your business is its own legal entity. It has its own bank account, pays its own taxes and, most importantly, has the option of “living” in whichever state (or country) you decide. Why then, do so many business owners limit themselves by forming corporations in their home state? Unless you are one of the lucky few that happen to live in a tax haven such as Nevada or Wyoming, take into consideration whether or not your state is the best tax climate for your company.
However, while businesses can “live” in whichever state they desire (technically called “domiciled”), they still have to register and pay taxes in each state where they transact business. And while each state has a different idea of what that term means, for the most part, if you have employees or office space in a particular state, you are transacting business there.
Qualifying Online Businesses and Tax Havens
If you operate a pure online business chances are your company only exists in a virtual world. If you don't keep office space and instead of employees you have independent contractors — such as programmers and server administrators, who are often in developing countries — you are a perfect candidate for saving on taxes via a tax haven.
Tax havens are generally states that are very pro-business and tax-free — no corporate taxes, franchise taxes or personal income taxes. There are two major tax havens in the United States — Nevada and Wyoming. The only significant difference between the two is that Wyoming seems to offer lower fees and doesn’t carry the tax haven stigma that Nevada has developed over the years.
If you have a truly virtual online business, all you have to do is form a Nevada or Wyoming corporation. Keep in mind that it can’t be an LLC unless you elect corporate taxation with the IRS. Otherwise, all of your income will pass through to your individual tax return in the state in which you live. This means that you will have to pay state taxes on the income at an individual level as if it were income to yourself.
When forming your corporation, it’s recommended to use a professional service. If you choose to go it alone, you may have to spend many more hours than you realize to understand the filing procedures and the nuances of that particular state — all from hundreds of miles away. A better bet is to use a national company with associates who specialize in each state and not only know the required filings, but also maintain strong relationships with state employees — an important factor to getting things filed in a timely manner.
Keep in mind that as soon as you issue yourself payroll, your corporation or LLC will need to register to transact business in your state — which means it will have to pay taxes from all income derived in that state. Therefore, you should try to take money out of your company in the form of loans and dividends.
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