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Re:Why do so many companies incorporate in Delaware? by pwned1 on Sunday April 11, 2021 @11:20AM (#26770894)
Delaware is generally no different than any other state. The state where you do your business activity is where you pay taxes, not necessarily the state where you formed your business entity.
Re:Why do so many companies incorporate in Delaware? by arjawn on Sunday April 11, 2021 @11:42AM (#26771076)
Correct, this is an important note for international LLC owners as well as many folks think the "in-state" US tax laws apply, however, if you don't have a US physical presence you might only have an informational filing requirement (vs a US 1040NR tax filing requirement). I wrote a full thread on this here in case anyone is curious! https://twitter.com/arjmahadevan/status/1380556571395112960?...
Re:Why do so many companies incorporate in Delaware? by briandear on Sunday April 11, 2021 @10:59AM (#26770751)
Maybe states should learn from Delaware. The minimum tax required for an LLC in California is $800. So even if you have an LLC that makes no money, you still have to pay California $800 per year.
Re:Why do so many companies incorporate in Delaware? by arjawn on Sunday April 11, 2021 @11:44AM (#26771106)
California actually started to waive this fee in year 1. "As of June 2020, the $800 franchise tax fee has been waived in the first year in California."

However even with this fee waived it still makes A TON OF SENSE to file your LLC in the beginning of the year vs the end (OR do a delayed effective filing https://www.startpack.io/blog/what-is-an-llc-delayed-effecti...)

Otherwise, you end up paying the annual fees twice in ~ 1 year.

Here's an example before CA started to waive this fee of how brutal this could be in CA for LLC owners:

California has an annual franchise fee tax of $800. This fee is due every calendar year, not every 12 months.

Calendar Year: January - December

Every 12 Months: 12 months from Today

So this means if you were to start an LLC that was "born" or "officially created" on December 31st, 2020, you would be responsible for paying the full $800 franchise tax fee for the year of 2020!

Fast forward to January 1st, 2022, one year and one day later, even though essentially only one year has passed by, instead of owing $800 to the state of California... you would owe $1600!

To make things worse, the first annual franchise tax fee payment is due within the first 3-4 months from when your LLC is formed, and from then on, due by April 15th each year. So if you were to create a California LLC that went in to existence on December 31st, 2020, you would have to pay $1600 in the first 5 months!

Re:Why do so many companies incorporate in Delaware? by mixmastamyk on Sunday April 11, 2021 @04:06PM (#26772977)
Filed under, "information that would have been useful a week ago." :-D
Re:Why do so many companies incorporate in Delaware? by doktorhladnjak on Sunday April 11, 2021 @11:37AM (#26771026)
Everyone knows the joke version of Delaware’s moniker “the first state” is “the worst state”