Sometimes, it becomes necessary for companies to relocate across state lines. There can be many reasons for this decision: wanting to be closer to your family, moving to a city with a lower cost of living, or a better quality of life for the employer and employees. Perhaps you want to open more horizons for your business.
Regardless of the reason, moving a business from one state to another involves dealing with many crucial tasks for business relocation. You should plan far ahead to manage the range of tasks in moving your business.
Find a suitable space, apply for tax and other incentives, coordinate with your staff, send a message to your customers, obtain a business license, and, finally, the physical movement to another place. Besides these tasks, relocating the business entity requires different procedures for different businesses.
Plan Ahead
Moving a business from one state to another requires several tasks before the actual final physical movement occurs. Review the logistical details of the state where you are planning to move your business. Look into taxation matters of the new state. You can hire services from an accountant or bookkeeper to do the paperwork. Look for tax incentives that may be available in the new place of business. Make a budget and pay close attention to your business’ bookkeeping.
Sole proprietorships and partnerships can easily be moved and registered in another state. A-C corporation, S corporation, or Limited Liability Company (LLC) needs formal relocation processes.
Sole Proprietorship
A sole proprietorship is easiest to move to a different state. You only need to register your new business by filing for a DBA “Doing Business As” as a registration process in the new state. At this point, you will discontinue your old business in the previous state. Your business will have to be registered at the county’s clerk’s office or with the government depending on the state.
Limited Liability Companies (LLCs)
When your company is an LLC, hiring an attorney to move your business to another state is better. It is better to review the choices you have with the guidance of an expert attorney, as things can get tricky.
Continue your LLC in the previous state
You do not simply finish your LLC business entity in the old state. You will register in another state as an out-of-state LLC. You will also need to file duplicate annual reports. This will make taxation matters complex. It will be more complex if the LLC is a multi-member organization.
Close your LLC in the former state
Closing your LLC in your previous location will be less complex when it comes to tax matters, and filing for duplicate annual reports will not be required.
Register a new LLC in another state
When you register a new LLC, each member transfers their membership interest and percent share from the former LLC to the new LLC.
Merge the LLC
You can register a new LLC in your new location by merging the former LLC into the new one. This way, you can keep your existing EIN because the IRS takes this as a continuation of the former LLC.
Moving a Corporation
- Continue Former Corporation in the old state. Register as a Foreign Corporation in another state. This will cause a lot of paperwork, and you will have to pay fees in both states. You must also pay for duplicate annual reports and franchise taxes.
- Close your corporation in the former state. Start a new corporation in another state. This may cause costly taxes, and it may have effects on employee benefits like retirement plans. It requires filing with the old state and paying any outstanding taxes and dissolution fees.
- Register a new corporation in another state. Merge Former Corporation into your new corporation. This removes the necessity to pay fees in two states and permits for a tax-free reorganization. For a C corporation, this can be tax-free. There is no tax on the merger of the old corporation into the new corporation.
Conclusion
To move your business from one state to another requires several tasks before the final physical movement to another state happens. It would help if you planned to manage the range of tasks to move your business to another state with as much ease as possible. A sole proprietorship and partnerships can be easily moved to another state. A Limited Liability Company (LLC) and a corporation need formal actions for the relocation process.
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