Hi! I am a military spouse currently living in OR. I still maintain my FL residency and am wanting to start a small business/LLC with my sister who lives in FL. Am I right to file through FL? I will be opening an online shop as well as selling locally here in OR. Thank you!
Divorce / Separation Lawyer
Best of luck with your endeavor!
If you are going to set up a brick and mortar location, then it is generally advisable to form an entity under the laws of that state. However, your particular situation has several components that add flavor to your, and your sister's, decision making process (i.e., residency, partners/entity form, online retail, etc.). I would be quick to advise you to proceed with caution, as the choices made upon formation often cannot be undone and can be costly to fix.
I noticed that you are in Astoria, Oregon, which is where I practice. I would happy to sit down with you to discuss your options. Just give me a call - 503-325-1055.
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Military Law Attorney
Keep in mind that your status as a military spouse would be irrelevant to your decisions here. There are no special protections or laws that help you here.
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Estate Planning Attorney
I agree with my colleagues. I will add that the selection of the state for creation of your entity has three main components:
1. Legal. The law of the state of creation (the "home state") governs the entity. So, if you create the entity in Oregon, Oregon law will apply. You can pick any state that you want. Many people pick Delaware because of its extensive body of law.
2. Taxes. The home state will be looking for tax returns from your entity. However, you may not have sufficient activity in the state to file returns in the home state and enough activity to file in other states. Some states have no company income tax, Washington and Nevada come to mind. You should check on Florida.
3. Cost. Some states are more expensive to create your entity in. Oregon is not the cheapest.
Please be sure and mark the best answer. Thank you! hope this helps. ***************************************** LEGAL DISCLAIMER James Oberholtzer is licensed to practice law in the Commonwealth of Virginia and the States of Illinois, Oregon and Washington. He has offices in Chicago, Illinois and Portland, Oregon. His law practice focuses on business, estate planning ( Wills and Trusts), probate administration, tax,real estate and tax exempt organizations. The foregoing statements do not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your state. The law changes frequently and varies from state to state.