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Setting up a music and book publishing business, advantages to setting up a LLC in NV or CA

I am setting up a music and book publishing business. It will be based in California but I have been given advice to register the LLC in Nevada, not California because of the tax advantages. I sure would appreciate any specific guidance on this issue as I need to start setting up the business in the next week or so.

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Attorney answers (4)

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Reputation Level 20
The CA FTB takes the position that regardless of where your home base is your company can be taxed on the percentage of business done in CA. If a major portion of your activities will be in CA I see no advantage to setting up your LLC in NV.

Reputation Level 8
I concur with the previous answer, I you live in California and your company does most, or all, of its business in California, registering in Nevada will not save you in taxes. In fact, it will probably cost you money. Many companies will offer to be your registered agent in Nevada for a couple of hundred dollars a year. It is big business, and they invest a lot in trying to convince people to use their services. The truth is there is little benefit in forming a company in Nevada if you are doing business in California. There are some privacy advantages, but no real tax savings. If you think you have special privacy concerns, you should contact an attorney in Nevada to discuss your particulars.

Reputation Level 9
The tax advantages, if any, that may be available to you by registering an LLC in Nevada are not worth the additional costs unless you will make well above what most businesses make in the first few years of operation. If you will be based in California, you will still be required to register in California as a foreign business as well, and pay the fees associated with registering here. Generally, for a business that is a just starting out, a simple approach works the best.

Please note that although I am a lawyer, I am not your lawyer, and you should not construe these general thoughts as specific legal advice since I do not know all the facts related to your matter.

Reputation Level 11
I think the previous answer adequately answer your question, but I would just add that because of the special nature of the business you are setting up, you may wish to consult with a qualified entertainment attorney.

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