I am a partner in a Nevada LLC internet-based business in which all the LLC partners live in California. I am in the process of registering my foreign LLC in California (using LLC-5).
But, I am not sure what address to use for the LLC addresses (line 4 on LLC-5):
1) Do I use the address of my registered agent in Nevada for the LLC's headquarters (line 4a) and my home address as the LLC's main office in California (line 4b) OR
2) Do I use my home address for the LLC's headquarters (line 4a)?
Thanks in advance!
You can use your home address for the California address. You can use your home address for the LLC headquarter's address as well or your Agent in Nevada.
The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
As a side note, if you think the Nevada LLC will avoid California taxes you may have fallen for the old Nevada Corp/LLC scam, which is offerred all over the internet. Know that an LLC owes California income taxes no matter where the LLC was formed. Tax liability is based on where the LLC does business, where are its bak accounts, where are the internet servers are located, where the headquarters of the LLC, where do LLC managers work, etc. So if you got scammed with a Nevada LLC deal, dissolve the Nevada LLC and form a California LLC. Good luck.
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
Yes, you are able to list your home address as the LLC's headquarters and main office, so long as in substance, that will be the address of the headquarters and the main office (likely, the LLC records would need to be kept at that address). Keep in mind that this filing is a public document and the address will be visible to the public. Be sure to consult your own attorney to protect your legal rights.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline