Military spouse who would like to incorporate small business.

Oceanside, CA Viewed 56 times. Posted 3 months ago in Business

I am a military spouse, and as such I felt that starting my own business would be beneficial since we move a lot. I would like to form an LLC, but I'm not sure what to put for the the location of the company, since I work out of my home, and that location changes. Also, we live in California, but still have legal residency in Wisconsin and Illinois, and as a result I would like to form my LLC there, to avoid CA taxes and other entanglements. Also, I would like to have several "DBA" names under the same LLC, would that be legal? (For example, the LLC would be XX Designs, but I would like to have a wedding invitation line, a web design service, and a t-shirt design company, and I would like to have business names specific to each company. The way Limited Brands owns several brand names) - Is this your question? Add additional information

Answers (2)

Dana Howard Shultz

This attorney is licensed in California. Posted 3 months ago.

I gather that your questions are arising in the context of completing Articles of Organization.

You can put your current address for the location of the business (apparently that will be its actual location) - there is no obligation to update that information.

If you are going to comply with applicable laws, there will be no benefit to forming the LLC elsewhere - if the business operates in CA, you will need to pay taxes here.

Multiple fictitious business names are not a problem.

Disclaimer: This post does not constitute legal advice and does not establish an attorney-client relationship.

Cathleen Anne Cowin

This attorney is licensed in California. Posted 3 months ago.

(1) As you live in California and will operate the business from California, you are subject to California taxes. It may be simpler to form the LLC in California. The LLC does not need to be formed in a state where you have residency, so you may want to form in Delaware or another state that has certain LLC advantages; however, you then still have to register as a foreign entity in California while you operate from here and will pay California taxes. Because you move often, it may be worth further investigation if a Delaware (or Nevada) LLC may be an advantage in your case. Your CPA can advise on this. I often insist that clients have entity issues reviewed by their CPA to confirm those choices for tax purposes as I am not a tax specialist.
(2) Yes, you can have multiple DBAs and will need to complete paperwork for each.
(3) As for the "location of the company", if you mean the primary offices, you would use the current business address. If you are drafting an LLC Operating Agreement, rather than putting a static address, you can indicate the business address will be where the members elect it to be from time to time and note any changes in the margins. I like the flexibility of this type of approach for LLC Operating Agreements and corporate Bylaws regarding various provisions because it avoids unnecessary later revisions; however, standard agreement forms generally do not provide for this flexibility.

Disclaimers: The preceding response is a generalized response to a posting with limited information and is not considered specific legal advise or intended to form an attorney-client relationship. Rather, the response is a generalized educational response concerning the general subject matter of the post. To obtain specific legal advise regarding your situation, you should consult with an independent attorney in a private meeting where more detailed business information can be obtained.