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Starting a Business in Las Vegas – Step by Step Guide

Date: 03/25/2019 | Category: | Author: Jakub Vele

Starting a Business in Las Vegas - Step by Step Guide

Are you thinking of starting a business in Las Vegas – the famous city of Silver State Nevada, Us? If so, it could be one of the most logical decisions since Las Vegas boasts an affordable cost of living. Even, there is a slew of tax breaks that you could receive like- No business income tax, franchise tax, personal income tax, franchise tax, and no gift tax, etc. The absence of several tax impositions has made Las Vegas one of the business-friendly cities and one of the best places for new start-ups.

Another justifiable reason for starting a business in Las Vegas is that after the recession, it has become a buyer’s market. Also, if you are not prepared to buy one, there are numerous below-market leasing-deals available, that you may grab.

Do you want to set up a business in Las Vegas? But you might be wondering about the business opportunities you could have to set up a profitable business in Las Vegas. Do you want to know more about the opportunities that may encounter you while operating the business? Great!

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Here are some of the trending small business opportunities, we have gathered for you.

  • Cannabis Licensing – After the legalization of cannabis, it has become a hotbed of investments. So, if you want to make huge profits from your business, you could start a consultancy business for cannabis. The cannabis industry is enormous and provides ample of job opportunities. So, do your homework well and create a business plan that can improve your fiscal conditions at a rapid pace.
  • E-commerce Business – With the digitization, starting an Ecommerce business has become one of the most profitable business ideas. You can be as much as innovative as you can for attracting your potential customers on the selling-portal or the E-commerce business website. Therefore, if you are starting a business in Las Vegas, you can easily focus your target audience or customers and generate the desired leads.
  • Container Restaurant – Another most lucrative idea of starting a business in Las Vegas is to embark a food business in a container. Las Vegas is a city of foodlovers and well-known cuisines like Lemon Spaghetti with Shrimp Giada, Roasted Beef Wellington, Quinoa Fritters, etc. Not only the local people but also the travelers and visitors love to try these dishes. Therefore, the container restaurant business is always profitable biz in Las Vegas.
  • The business of Green Consulting – Have you ever heard of the green practices? Well, these days, everywhere in the US, green practices are proliferating at a constant pace. Almost all the existing and new organizations in the US are heading towards green consultancy centers. Hence, if you are starting a business in Las Vegas, this would be a great small and profitable business opportunity.

However, before starting a business in Las Vegas, you need to follow a proper checklist of business formation and documentation to avoid possible disputes. Let us give a closer look at the step by step guide for starting a business in Las Vegas.

#1 Prepare The Business Plan

To put a strong foundation for your business in Las Vegas, you must start by carefully analyzing your business idea and plan for it. It is primary and the most critical step that decides the future success of your business. Proper planning and analyzing involves the answer to various questions like –

  • Based On Product Development: Does your business-product solve any specific problem? Is your business helpful enough to stand in the challenging competition?
  • Based On Sales & Marketing: Do you know your potential customers? Where could you find them? Are you aware of all the possible tactics to attain their attention and generate leads?
  • Based On People and Partnerships: How efficiently could you arrange the hiring process? For successful business growth, ‘which roles you would hire for your company?’ What relationships will you need to form with your company?
  • Based On Financial Planning: For a fantastic break even, How many clients or sales, you would require? How much capital is required to execute your business idea? What are the sources of investors or funding?

#2 Choosing an Apt Business Name

A business name itself holds a substantial percentage of weightage concerning the launch of a new business. And, starting a business in Las Vegas also requires detailed attention to the choice of an eye-catchy business name as well. While being in the process of picking a good and well-suited business name, you must go through the official website of Nevada Secretary of State and gather all the necessary information. Here are some of the critical points to be mentioned in your to-do-list for business name selection.

Check Name Availability

Do you want to choose a legal name for starting a business in Las Vegas? Well, if yes, you have to first check for its availability with the Secretary of State or SOS. Ensure that the business or entity name you are choosing should not be in use or has already been licensed by someone else. Always consider that business name, for which, you could reserve a domain.

You can check the federal trademark database to make sure that the name is not registered with any local business license bureau. If you are not going to create your business website at the initial stages of starting a business in Las Vegas, buying a domain would help you to secure your business name from getting acquired by others for future reference. After all, the name of your company would become your business identity in the upcoming years and gain acceptance globally.

Business Entity Search

For starting a business in Las Vegas, business entity research is as critical as checking for the business name availability. While doing a business entity search, you have to obtain the below-mentioned information about a business:

  1. Whether the business has been formed legally?
  2. Either the business is in good standing or not?
  3. What is the address of that particular business?
  4. What is the official address of that business-specific registered agent?

#3 Figure Out A Business Address

Well, if you have decided on the business name and have reserved that already, you should hop over to the next critical step for starting a business in Las Vegas. Now, you have to figure out a suitable business address, which could be your home address, an actual office or even a virtual office. The business address is vital for almost all the paperwork that is required to start any new business, so always make a wise decision.

You are suggested to choose the right address at the initial stages of the business formation rather than switching or changing an address down the road. Later it may cause inconvenience financially, as an example, Nevada Secretary of State charges about $175 for an address change. The business address is mentioned under the public record, but for some of the applications, you could also use a separate mailing address. In this scenario, you may use a house address or PO box number.

#4 Determine a Business Structure

Starting a business in Las Vegas might seem an easy task but, its formation process is very challenging. You always have to follow the steps that could aid to increase the credibility of your business. So, if you are ready with an effective business plan, name, and address, you would now need to choose a well-suited business structure from the three basic options as mentioned.

  • DBA: “Doing Business As” or DBA usually does not comes under a separate structure. But, it could be used as a different business name by an individual or a partner.
  • Corporation: A corporation works as a separate entity including officers, shareholders, and directors. It is a bit-complex business structure as compared to the DBA, though it requires limited liability protection. There are a few professions like architects, doctors, lawyers, etc. are required to choose “Professional Corporation.”
  • LLC: An LLC or “Limited Liability Company” is a renowned type of business structure that provides limited liability protection to the owners with less complexity. It has considerably replaced the other business structures by providing easy management and taxation benefits being a separate entity. Additionally, it also attracts more investors as compared to the other structure types.

Adding to the above information on the different business structures, always remember that if you are starting a business in Las Vegas, you should register your company as a Nevada business entity(LLC or a Corporation). It will not only increase the credibility of your business but will also protect it from personal liabilities, in case your business is sued. Also, an LLC is the most opted business structure in Nevada, whose setup requires as little as $75.

#5 Get Your State Business License

Another most crucial step in starting a business in Las Vegas is applying for a business license. There is a very fancy-schmancy online portal, provided by the Nevada Secretary of State, which is called as SilverFlume. Though the paper route is also available, the online portal is considerably a convenient way to apply for the license. You have to file – Articles of Organization for LLC, Certificate of Limited Partnership or Articles of Incorporation for a corporation. Lastly, you would require to submit the Initial List of – Members, Managers, Partners or Officers. And, your deemed entity in Nevada would be established.

Also, if you are starting a business in Nevada, you should be aware that there are certain exemptions to the state business license requirement. But, by the time you’re an entity, you would have to pay $200. Being a nonprofit company, say be it a motion picture company, a specific type of insurance company, or a governmental entity, you are eligible to apply for an exemption by mailing the required form.

#6 Get an EIN number

Now, the next step for starting a business in Las Vegas is getting an EIN or Employer Identification Number for your business, which is issued by the by the IRS. Either you have a partnership, LLC or a corporation, obtaining an EIN is very vital. An Employer Identification Number is a type of Taxpayer Identification Number. It is also abbreviated as TIN, which helps to identify or to verify any Nevada LLC with the IRS. Moreover, it is free of cost and could be obtained from the IRS website.

Having an EIN for your Nevada LLC, allows you to open a separate LLC bank account. Not only this, with EIN you could apply for several permits or business licenses also. With an EIN you are also allowed to file taxes at the federal, state, and local level. And, if applicable, you can handle employee payroll. Also, if you want to obtain business lines of credit or business loans, having an EIN is a must.

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#7 Registering with the Nevada Department of Taxation

If you are Starting a business in Las Vegas, applying for a business license is something unavoidable. Firstly, you have to register your business with the Nevada Department of Taxation to submit it as proof for obtaining the business licenses. Also, note that you require to apply for a sales tax permit also if you’re selling tangible goods.

Furthermore, if you instead of selling, buy products or goods for consumption in your business like office supplies, you would require a use tax permit. Let us say, if you are not paying tax at the time of purchase, you have to calculate the intended amount of the brought items in Nevada. After that, you would require to remit or pay back the same amount to the state.

#8 Getting A Business Insurance

Getting insured is again a very crucial step for starting a business in Las Vegas. It helps you to manage all the possible risks that might occur on the path of growing your business. Here are the common types of business insurance that you may consider.

  • Professional Liability Insurance
  • Workers Compensation Insurance
  • General Liability Insurance

As an example, if you have a home-based business or any small business, you should purchase a general liability policy or insurance. And, being a firm like accounting and consulting, should go for professional liability policy. Additionally, if you have a business with one or more employees, including all the corporate officers and LLC members should have workers compensation insurance, in Nevada.

Conclusion

Now that you have got all the necessary information and checklist for starting a business in Las Vegas, you might have initiated the most crucial step of business formation- business planning. But, if you do not want to lose the ground by making any mistake by not following the further steps adequately, you should hop over the IncParadise to get professional assistance. We expertise in providing complete business incorporation and registration services. So, what are you waiting for? Contact us now to register and incorporate your dream business today!

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Incorporate in Nevada

Date: 06/26/2018 | Category: | Author: Jakub Vele

Incorporate in Nevada

There are several Corporations, LLCs, and businesses that are incorporated or set up across the 50 states but most businesses prefer to incorporate in their home state. There are also businesses that are incorporated in a state different from their home state e.g., an individual or business from New York preferring company incorporation in Nevada. This is simply because Nevada provides business friendly regulations and environment.

Why Choose Nevada for Incorporation?

Home state incorporation is always the first choice but today the scenario is different. An increasing number of businesses are forming incorporation in Nevada. The major incentive for Nevada state incorporation is favorable tax treatment. Gaming and tourism are the top two businesses in the state followed by advanced manufacturing, renewable energy, mining and Aerospace. When you incorporate in Nevada, you can be rest assured that there will be no corporate taxes.

Some of the advantages that the state of Nevada offers businesses include:

Taxes

The biggest advantage that a corporation can enjoy in the state of Nevada is exemption from a variety of taxes. Some of these include:

  • No Corporate taxes
  • Corporate shares are not taxable
  • No Franchise tax
  • Personal income tax is not there

Non Resident

Directors, shareholders, and officers of a Nevada corporation or members of Nevada LLC are not required to be residents of the state.

Personal Liability Protection

The Nevada Legislature passed a law in 1987, which permits corporations to place certain provisions in their articles of Nevada incorporation. These enable personal liability protection for Directors and officers of Corporations from stockholders of Nevada Corporations.

Corporate Veil

Once you set up company in Nevada, it is almost impossible to pierce the corporate veil.

Nevada Corporation Code

This code allows indemnification of directors, officers, stockholders, and employees of a corporation for any action that they take or have taken on behalf of the Nevada Corporation and that they have reasons to believe the action taken was legal.

Information sharing

Nevada does not have any information sharing agreement with the IRS.

Bearer shares

It is the only state that allows issuing of bearer shares.

Company incorporation in Nevada can be quite easy and quick if you submit your documents online. The services of incparadise.net for forming a corporation will pave the way for you to start your new business in this state. We not only provide top quality service but our efficiency with company formation in the state of Nevada is amongst the highest. Over the years, we have established a meaningful relationship with Nevada Secretary of State and this facilitates delivery of incorporation services.

We offer LLC, Nevada C Corporation, and Nevada S Corporation packages so that you can choose the one that suits your interest. Incorporation in Nevada specialists at incparadise.net will take care of the entire process right from finding a business name, filing your articles of incorporation (NRS Chapter 78) paperwork, and providing other related services as your registered agent in the state of Nevada.

Talk to Nevada Incorporation Specialist today!

Procedure for company incorporation in Nevada

In order to set up company in Nevada you will have to follow a process, which is:

Business Name

The first step is finding and finalizing a name for the business. It is important to check if the name is already in use. If not, you can confirm the business name.

You can check whether the chosen name exists or not right at our website by clicking here.

Articles of incorporation

Once the name has been reserved, we at incparadise.net will ensure your Articles of Incorporation (PURSUANT TO NRS CHAPTER 78) is duly filled. As required in the document, you will need to provide the newly chosen business name, name and address of the registered agent, name & address of board or directors/trustee, and incorporator etc. We can file the company incorporation in Nevada documents through the standard process or we can do it online or through expedited process.

Federal Tax ID

You will require a Federal Tax ID if you are planning to hire employees. It is also mandatory for opening a bank account in the name of the Nevada Corporation but don’t worry because we can help you get a Federal Tax ID so that all you need to do is simply focus on your business!

Certificate of incorporation/formation

Once the company incorporation in Nevada process is complete, you will receive the “Nevada certificate of incorporation”. This certificate is a proof that your business exists. This proof is often required when opening a bank account or when applying for a loan.

Nevada Incorporation Agent

A Nevada registered agent like incparadise.net is required to ensure your business meets all the necessary requirements. We can also receive any and all legal and business related paperwork on your behalf.

Costs and Fees associated with Nevada Incorporation

What would be the fees to set up a company in Nevada? Check Fees here!

The standard fees associated with company incorporation in Nevada are higher than what we charge? Wondering how we are charging less? We have facilitated the incorporation of more than 10,000 businesses and it is never about the fees – it is all about ensuring you get the best service always!

There are several considerations that you will need to make when forming a Nevada Corporation and the state offers several advantages and benefits for future growth of your business. Nevada is one of the best places in the USA for forming a business.

We at incparadise.net can help you to incorporate your business in the state of Nevada by filing your paperwork online. This will ensure your corporation is formed in the fastest possible time, which normally varies from 48-72 hours. Our endeavor will always be towards providing you a service that will become the foundation stone for a long standing relationship.

Are you looking to start your business in Nevada? Let our incorporation specialists help you!

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Advantages of Incorporating a Business in Nevada

Date: | Category: | Author: Jakub Vele

Advantages of Incorporating a Business in Nevada

Think business, think Nevada! Yes, the state of Nevada is being considered as a state that provides optimum business environment thanks to its flexible business and tax laws. Today there are in excess of 229,570 small businesses operating out of the state with the registering of 5,932 new establishments in 2013-14.

Talk about startup company Nevada and a rise in registration has been witnessed in different areas including Accommodation & food services, Transportation & warehousing, Real estate & rental & leasing, wholesale trade, construction, Management of comp. & enterprises, retail trade, manufacturing, and education services among others.

There are several other reasons why startup company prefer Nevada to other states. This is mostly due to the fact that the state not only offers a strong emphasis on innovation but also ensures you can derive maximum profitability in your business ventures and this is considered key to boosting the state’s economy.

Incorporation in Nevada comes with Several Benefits

People from across the country find it beneficial to register a new business in Nevada. Let us take a look into the various benefits you can derive in the state.

Benefit #1: Freedom from Taxes

Whether you are planning to form an LLC or invest in an LLC, or incorporate a business in Nevada, the biggest benefit you can drive is the tax benefit. Taxes can lower your profits and also slow down overall business growth but when you register a new business in Nevada, you don’t have to pay any state level taxes. These include:

  • State Personal income tax: The constitution of Nevada has prohibited state personal income tax
  • Corporate income tax: Nevada has liberal tax policies and does not tax any foreign or domestic corporations or LLC. Basically, State tax is not levied on corporate profits.
  • State inventory tax: A startup company in Nevada is not required to pay tax on goods that they hold for interstate transit or sale. In fact, the state of Nevada has declared 12 Foreign Trade Zones located across the state that enables corporations to store their goods and ship them tax-free.
  • Gift tax: Nevada tax policies ensure you are able to transfer your assets to anyone without incurring a state tax penalty. In addition to this, the recipient of your assets or gifts is not liable to pay inheritance tax in the state.
  • Franchise tax on income: It may be applicable in other states but not in Nevada.
  • Estate tax: A startup company in Nevada may be required to pay federal estate taxes but state estate taxes will not be imposed on them. This simply denotes you will be able to pass on your assets to your heir as it is.
  • Corporate shares: Corporate stock or shares of members in a limited liability company (LLC) in the state of Nevada is non-taxable.

If you require more information on how to register a new business in Nevada? Get in touch with us today! Our Nevada tax expert will provide in-depth information and guide you through the entire process.

Benefit #2: Privacy standards are very high

If you register a new business in Nevada then you can be rest assured that the privacy levels in the state are extremely high. A Nevada LLC or corporation is not required to list their members or owner/s with the state. This also means that any investor in your business will be able to remain anonymous. In a way, it does take care of the “headache” that state agencies may be snooping into your business.

Benefit #3: Strong Asset Protection

If you are forming an LLC in Nevada then liability will be limited to your company. It doesn’t matter whether you are an officer, manager, or even a director; you will not be held responsible in any way for the liabilities of the company. This protection will only not be applicable if there is an involvement in activities that are unlawful in nature.

At the same time, it is not mandatory for a startup company Nevada or LLC Nevada to file a list of assets of the company or business, with the state. In a way, this assures that there is no record whatsoever of any assets being linked to you except for what you file with the IRS at the Federal level.

These are the foremost benefits that you can enjoy when incorporating your business in the state although there are many more. Here are a few::

  • The corporate veil cannot be pierced in Nevada
  • Bearer shares is prohibited in the state of Nevada
  • You don’t have to reside in Nevada to register a new Company in Nevada

The most common question asked frequently is, what are the disadvantages?

Are there any Disadvantages of Incorporating in Nevada?

Incorporating your business in Nevada does not have disadvantages as such although there is always the possibility of increased administrative costs especially for small businesses. Wondering what problems you may encounter if you want to register a new company in Nevada especially if you are residing in another state? There will be no problem at all! This is where WE come in. We have a team of experts specializing in registering start-up or SMEs and we will ensure you are able to register your business in compliance with Nevada state business laws.

Except for increased administrative costs, there are no visible disadvantages for businesses or LLC in the state of Nevada. The good news is that if you are planning to incorporate in Nevada, we at incparadise.net are always there to not only guide you through the process but also help you save on filing fees and other administrative costs.
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Nevada LLC and Corporation Registration and Formation

Date: | Category: | Author: Jakub Vele

Nevada LLC and Corporation Registration and Formation

Nevada economy is at its helm and has bounced back since the nation’s financial crisis in 2007-2008. This is just the perfect time to form Nevada LLC or Corporation. It is important to understand that Nevada LLC and Nevada Corporation are two different entities and hence it is important to ask yourself: Should I form in Nevada, an LLC or form a Corporation?

LLC and Corporation are two different business types that have their unique structure and benefits and it is important to identify which one of these will suit your requirements the most.

If you are thinking of company formation in Nevada then we can help you with the entire process right from choosing a name to filing of Articles of Organization. We are not just registered agents based in Nevada but have the distinction of having established a highly conducive relationship with Nevada Secretary of State. This allows us to bring to you nothing short of the best services all the time!

Nevada LLC Registration and Formation

Nevada LLC Registration and Formation

If you have chosen to form an LLC in Nevada then the following steps will help you through Nevada LLC registration and formation.

Step 1

The first and the most important step towards company formation in Nevada, is to identify a name for your LLC. You have to choose an available name. How do you know, the name that you have thought of doesn’t exist?

Simple! Just click here to check!

Step 2

One of the important aspects of LLC formation is to take a decision on whether your LLC will have several members or if it is going to be a single entity business? This is a mandatory requirement if you need to form a Nevada business.

Once you have made your decision, we will fill the Limited-Liability Company Articles of Organization (NRS Chapter 86) and file it with the Nevada Secretary of State. You can download the form on our website and read through the Instructions for Limited-Liability Company Articles of Organization (PURSUANT TO NRS CHAPTER 86).

In case, you have any questions, feel free to call us at 702-871-8678.

Step 3

If you are planning to form a Nevada business with multiple members then you will be required to fill the Nevada LLC Operating Agreement. Filing the Operating Agreement is not a legal obligation but the salient benefit is that it will help in strengthening the organizational structure of your LLC.

In simple words, each member of the LLC will be required to provide their consent to the terms and conditions as mentioned in the agreement and it will act as a legal proof showing that all members are aware of the various rules and regulations that needs to be followed.

You can download the Nevada LLC Operating Agreement at our website to get an insight into the information required.

Step 4

The final step is to choose a Nevada registered agent. incparadise.net has a dedicated team of committed agents that have the expertise and experience required to form a Nevada business LLC. We take pride in our work and have successfully established over 10,000 LLC or corporations.

The Articles of Organization Limited-Liability Company (PURSUANT TO NRS CHAPTER 86) also requires you to reveal information regarding your agent in the Registered Agent Acceptance (PURSUANT TO NRS 77.310) part of the form.

We as one of the top Nevada LLC registered agents will explain in detail the entire process of LLC formation in the state and also ensure the forms are correctly filled and quickly filed.

If you have any questions regarding Nevada LLC registration and formation, you can simply visit the Nevada LLC formation page.

Once Steps 1 to 4 are complete, you will receive your Nevada LLC Articles of Organization verifying your LLC registration in the state.

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Nevada Corporation Registration and Formation

Nevada Corporation Registration and Formation

If you have chosen to incorporate your business in Nevada then the following steps will help you through Nevada Corporation registration and formation.

Step 1

If you want to form a Corporation in Nevada, the first step is to identify a name for your business. You have to choose a name which is not in use. How do you know, the name that you have thought of doesn’t exist?

Simple! Just click here to check!

Alternatively, we at incparadise.net can conduct a quick name search and ensure it is reserved for you. Reserving the name means it cannot be used by any other business.

Step 2

In order to form a Corporation in Nevada, you will be required to fill different types of forms that have to be eventually filed with the Nevada Secretary of State. The form that needs to be filed will be Articles of Incorporation (PURSUANT TO NRS CHAPTER 78) for domestic Corporation filing and Qualification to do Business in Nevada (PURSUANT TO NRS CHAPTER 80) for foreign Corporation filing.

Once you have made your decision, we will fill the correct form and file it with Nevada Secretary of State along with the applicable fee. You can download the form at our website and read through the Instructions.

In case, you have any questions, feel free to call us at 702-871-8678.

Step 3

The final step is to choose a Nevada registered agent. incparadise.net has a dedicated team of committed agents that have the expertise and experience required to form a Corporation in Nevada. We take pride in our work and have successfully established over 10,000 corporations or LLC.

The Articles of Incorporation (PURSUANT TO NRS CHAPTER 78) and Qualification to do Business in Nevada (PURSUANT TO NRS CHAPTER 80) requires you to reveal information regarding your registered agent for servicing your request.

We are regarded as one of the top registered agents in Nevada for incorporation of businesses today. We will not only explain in detail the entire process of incorporation in the state but also ensure the forms are correctly filled and quickly filed.

If you have any questions regarding Nevada Corporation registration and formation, you can simply visit the Nevada Corporation formation page.

Once Steps 1 to 3 are complete and paperwork is approved you will receive your Nevada Certificate of Incorporation verifying your LLC registration in the state.

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Create your Nevada Corporation

Date: 08/20/2018 | Category: | Author: Jakub Vele

Create your Nevada Corporation

A corporation was the most common choice for a business entity for many entrepreneurs years ago. This was due to the fact that it offered much more advantages over the partnerships and the sole proprietorships. But for some time now, the LLC business entity type has taken over and become the most common choice for many entrepreneurs.

The reason is simple. The LLC offers a lot of simplicity and ease which is why many tend to opt for this type of business entity. But this does not mean that the corporations are now a bad option; they still offer a lot of benefits. In this post, you would understand all about the benefits of the corporation and also learn about the various types of corporation and their differences so that you can choose the applicable business entity type for your Nevada corporation.

History of Nevada Corporations

In 1987, Nevada had adopted the Revised Statutes for corporations, which were based entirely on the Delaware corporate statutes that have lured companies from all over the country for the past century. Nevada has always been a professional business state, and it was looking for new methods to increase the revenue of the state where they do not tax the businesses or citizens of the state.

Even though room taxes, games and sales have been the primary source through which the state got its revenue, Nevada’s rapid growth needed more funds to support it. And with an idea to offer companies with beneficial incorporating situations to attract revenue to the state proved to be a new vehicle for the entrepreneurs, and a prosperous new source of income for the Nevada.

During the recent years, there has been an increase in the number of businesses that have been incorporated in Nevada. Between the years 1994 and 1999, the number of new corporations that were filed in a year rose by 75%.

Moreover, about 80,000 companies were filed in the year 2006 even though the population of Nevada is just 2 million people in the whole state. As a matter of fact, the top state that has the highest number of new business filings are those states with the most population, like Florida, Texas, New York, and California.

What is a Corporation?

A business that is granted a charter that recognizes it as a separate legal entity and has its own liabilities, privileges, and rights distinct from those of its owners is a corporation.

The Corporate Business Structure

Even though a corporation is distinct and separate from the officers, directors, and shareholders, it is an entity that can function only through the agents, officers or members in it. Moreover, the entity cannot have any belief or knowledge of any subject that is independent of the belief or knowledge of its people.

A shareholder of the company (the owner or a partial owner) is a holder of the shares of the business, and this person is normally not in any legal danger for any actions of the corporation. This is only when these acts are not fraudulent and damaging or if the corporation does not maintain and follow the formalities. Additionally, the shareholder/stockholder is not the employer of any of those who are working in the corporation nor is this person the owner of the corporate property.

And it is this separation in the corporation that is the most important benefit. Think about the many newsworthy lawsuits that have come up in the last few years where negligence or other significant obligations have been charged against a corporation. There have been cases where the consumers have been affected by the products that a corporation provides. And in all these cases, the shareholders of the corporation were protected as separate, and it was only the corporation that held liable for the issues.

The corporation is also the citizen of the state in which it has been created in. Moreover, it does not stop being a citizen of the same state even after it engages in any business activity or acquires property in another state. And since the corporation is the creation of the state law, all the powers that it has is acquired from the laws of the state and its constitution in which the company is incorporated in.

Being an artificial person of the state, the corporation is deemed to have its home in the state in which it has been incorporated in and the place where it has a lawful presence. When the company engages in business activities in another state, the place of its selected registered agent or resident is at times called the ‘statutory domicile’ of the corporation.

As soon as the corporation is brought to life, it has almost the same privileges and rights that a person in that state has. The corporation has the rights to own and even run businesses, can sue, hire employees, maintain retirement plans for employees, rent office space, make contracts, buy and sell goods and services, and also be sued.

Additionally, the existence of the corporation is not changed even if the director, officer, or shareholder die or go bankrupt. This means that it has a continuous existence, though the existence remains as long as the corporation follows the statutory requirements of the state where it is incorporated.

Moreover, even though the corporation is considered as a ‘person’ legally, the corporation cannot think, talk, walk or act for itself. The corporation cannot produce the products on its own or perform any of the physical tasks needed to run the company. For these tasks, the director (you) and those hired to work within the corporation do it.

The main point that has to be kept in mind is that when you have a corporation, it exists as a separate person or entity. It does not matter which state you live in. It is the corporation that complies with the obligations of the state in which it has been incorporated. With all these details explained about a corporation, it is also important to note that Nevada is the state where a corporation enjoys the most number of benefits.

Comparison of C & S Corporations

There isn’t just one type of corporation in a state. Corporations vary in their organization and structure. You would need to choose the type of tax treatment you want for your corporation. There are two main tax treatments that many attorneys and CPAs would advise to choose: S-elections and C-elections.

But before you choose from one of these, it is important to note that each state has different laws for the corporations. Hence it is better to learn about that state, and its benefits before you choose the tax treatment you want.

The below comparison between the S and C election is a basic one that applies to all the states in the USA:

C Election Corporation

  • The profits are taxed on an 1120 tax return at corporate rates, separate from the individual return.
  • The profits can be kept as retained earnings.
  • Follows the fiscal or calendar year that the Board of Directors has designated.
  • Permits to have an unlimited number of stockholders.
  • Permits to have limited liability of the directors/officers/owners.

S Election Corporation

  • The state taxes would apply for those who are in the state where there is an individual state income tax.
  • All the profits of the corporation are taxed on the tax return of the owner even though it is not distributed.
  • The profits pass through the individual tax return 1040. This means that there are no tax brackets separate from the personal tax brackets that apply.
  • Needs full disclosure of up to 100 corporate owners.
  • Normally runs on a calendar year.
  • Permits to have limited liability of the directors/ officers/owners.

Note: It should be noted that Nevada is a state in the US where there is no state corporate income tax of any kind for both S-election and C-election corporations.

These are not just the only differences that are there. Several other variations exist between these two types of tax elections that can be understood better by explaining each in details, as shared below.

S Election Corporations

Not any company can choose to be an S corporation. There are a few specific requirements that have to be met for electing the S corporation status. For being listed as an S corporation, you would have to file Form 2533 with the IRS where your corporation has to meet all the following requirements as well:

  • It has to be a small business corporation. (The financial institutions like the insurance companies, banks, or building and loan associations are not permitted to take advantage of an S election.)
  • It has to be a domestic corporation formed in the US.
  • It must just have one class of stock.
  • It does not need to have non-resident alien shareholders.
  • It can just have certain trusts, estates or individuals as shareholders.
  • It can have no more than 100 shareholders.
  • It has to adhere to the state statutory limitations, which limit the transfer of ownership/shares of the company.

The S corporation runs on the December 31st calendar-year-end basis. Nevertheless, there are exceptions just like there are exceptions with many of the other rules. The corporation can also choose the Section 444, which would permit the corporation to follow the tax year ending on either September 30, October 31, or November 30. But in this case, estimated tax payments have to be made that negate any advantage a shareholder may get by having an offsetting fiscal year.

Factors When Selecting an S Corporation

Here are some of the considerations while choosing the S corporation:

  • When the losses of the corporation flow-through, those losses can be utilized to neutralize the active income from an owner. (Here the active income constitutes the income obtained directly from the business activity.)
  • The employee/shareholder of the S corporation might be able to deduct 100% of the cost of medical insurance as an adjustment to income.
  • There aren’t any penalties for excessive collected earnings for S corporations.
  • There is no double taxation.
  • In case the S corporation earns active profits, it can be balanced by the losses from other companies and/or running costs from a sole proprietorship.
  • The S corporation has to report bonuses paid for group term life insurance and health insurance as taxable income in case the shareholder owns more than 2% of the stock. Nevertheless, the shareholder still has the eligibility to get the 100% deduction as mentioned before, to help balance this.

Who Should Use S Corporation Status?

The following companies should choose the S corporation status:

  • The companies that may be subjected to the Alternative Minimum Tax.
  • The companies that don’t expect to distribute multiple classes of stock.
  • The companies that have no intention of going public in the future.
  • The companies that are expecting to have startup losses during the initial years of operation.

Now that you have understand all about the S corporation, let us more towards understanding the C corporations.

C Election Corporations

The C corporations have a very different tax rate as compared to the individuals. There are some cases where the C corporations pay less tax as compared to the individuals. Moreover, there are no limitations on the shareholders of the C corporations, and the shareholders can be any type of entity or live in any part of the world. This type of corporation is the most flexible one and is even recommended in a few cases.

The only thing about using a C corporation that would trouble you is the double taxation. In the S corporations, the losses and profits flow through the shareholders or the owners of the corporation. And all the taxation takes places at the individual level and not at the corporate level, eliminating the issue of double taxation.

In the C corporation, double taxation occurs when the company has the profits taxed initially after which the dividends are then paid out to the stockholders. These shareholders are then taxed again at a personal level.

Deferring or eliminating profits via a proper financial management would be able to cover this issue easily. Moreover, the double taxation becomes an issue with huge corporations that have many shareholders who want the profits to be distributed to them at the year-end of the corporation. In such cases, the owner can choose what to do with the profits at the end of the year.

In short, they can have a retirement plan that profits are distributed to on a tax-deferred basis, keep retained earnings (up to a maximum cap), pay bonuses (wages) which are tax-deductible to the corporation or pay the dividends to the shareholders (which is not recommended). The earnings that are held can be used for growing the company, buying another company, for the additional investments in equipment, advertising expenses, etc.

So, when the corporation holds the earnings, the profits earned by the corporation is taxed at the corporate level and is left in the corporation. And since it is not distributed to the owners, there isn’t any double taxation on the profits. In case the officers or the owners of the corporation need the money for any personal expenses, they can set up a retirement plan to expense as much from the corporation as possible or get paid a salary in the form of the year-end bonus.

As per the IRS, it is the obligation of the taxpayers to reduce their tax liability. Moreover, the IRS also says that a corporation can also deduct any company expense, so a low tax liability can be obtained by applying proper money management.

Below shared are some additional terms that need to be understood as well:

Private vs. Public Corporations

Moving ahead, let us now see what a public corporation is and what a private corporation is. A private corporation is the one in which the company’s ownership (or shares) is not put up for sale on any public market. On the other hand, a public corporation is a company that is registered with the Securities Exchange Commission (SEC) and has put up stocks for purchase in one of the major stock exchange markets. Examples of public corporations are IBM, AT&T, Facebook, etc.

Closely Held Corporation

A close group or a family owns a closely held corporation, and shares of this company cannot be sold outside the group or family. A corporation is said to be a closely held corporation on in case more than 50% of the value of the outstanding stocks are held indirectly or directly by five or fewer individuals at any time during the last half of the tax year.

To understand better, a corporation is closely held if all of the following apply:

  • It is not a personal service corporation.
  • It is not an S corporation.
  • In case more than 50% of the value of the outstanding stocks are held indirectly or directly by five or fewer individuals at any time during the last half of the tax year. (“Individual” here includes specific trusts and private foundations.)

For determining if five or fewer individuals own more than 50% of the stock value, you would need the help of an attorney or a tax professional.

Domestic Corporation

A domestic corporation is a company which is operated in the state in which it has been incorporated in. For instance, a corporation that is incorporated in Nevada and operates in the same state is a domestic corporation for Nevada.

Steps for incorporating your business in Nevada

Now that you are aware of all the types of corporations, what their differences are and what might be the right choice for you, here are some steps that you need to take for incorporating your company in Nevada:

Select a business name

Ensure that you choose a business name that related to your service, product, and business message. The name should also be easy to remember so that customers can easily locate your business. Moreover, you would need to check with the Nevada Secretary of State to see if no other company has taken the name. Check out our article or contact your Secretary of State to see the other naming limitations for your Nevada corporation.

Appoint and/or recruit directors/officers for your corporation

For this, the Nevada Corporation requirements are:

  • A Nevada corporation should have at least one or more directors.
  • The director/s have to be at least 18 years old.
  • The director can be from any part of the world.
  • As per the Nevada corporation rules, the director’s names and addresses have to be mentioned on the Articles of Incorporation. (The officer’s names and addresses are not needed.)

Register your Corporation & File for the Incorporation

You would have to register your company and incorporate it to get the Articles of Incorporation for corporations from the Nevada Secretary of State.

Business License and annual report requirements

It is essential to file the Annual List of Directors/Officers and file for the Business License for your Nevada corporation as soon as the company gets incorporated. The filing fee for the Annual list is $150 and $500 for the business license registration.

Get any needed business permits/licenses

Other than the business license, there are many other licenses or permits that you might need depending on the type of service or products you are offering. You would need to get the specific licenses before you can begin operating your business. Check out the Secretary of State for more detail

Get the EIN

In addition to the tax and regulatory obligations, you would also need a Federal tax identification number (EIN).

Additional Requirements

Based on the structure of your company, you would have to satisfy some other stated requirements like:

  • Opening a business bank account for all the business transactions.
  • Getting a physical address with a mailing address.
  • Business phone number.
  • Company employees working in the State of Nevada.

How can Inc Paradise help you?

If you have decided on the type of business entity that you want, and are ready to have it registered in Nevada, Inc Paradise can assist you with the registration and incorporation process. Other than that, IncParadise also offers mail-forwarding and virtual business address services.

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Nevada Commerce Tax

Date: 04/06/2019 | Category: | Author: Jakub Vele

Nevada Commerce Tax - All You need to Know

With your company registered in Nevada, there are many things that you need to take care of. And one of the main things is complying with the laws and paying the applied taxes on time. Speaking of taxes, Nevada has always been a favorite for many entrepreneurs when it comes to starting a company here. And the simple reason for this is that the state has never imposed any gross receipts tax, Nevada commerce tax or business income tax.

Being a “tax-free state,” Nevada has always attracted a lot of businessmen to set up their companies here. As a matter of fact, any business that wants to incorporate outside from their “home” state usually choose Nevada as the state to incorporate in due to the lack of the state income taxes and the low filing fee. But recently in a 2015 Legislative Session, there was a new law created. This law is called the Nevada Commerce Tax law.

The Nevada Commerce Tax

It was before the 78th Nevada Legislative Session when the “The Revenue Session” was dubbed in reference to the bipartisan acknowledgment of the legislators that the legislation has to meet the growing budget demands of Nevada. Then in 2015, during the session, the new Commerce Tax was introduced. And the aim for the tax was to increase the revenue for the education system in the state.

The new Nevada Commerce Tax is a tax that is imposed on the rights of a person who is earning from a business that is registered Nevada. This tax is only applied to those businesses that have a gross income that exceeds $4 million in a taxable year.

Moreover, there is still no tax imposed on personal income. The government aims at imposing the tax on the strong business revenues and not on the wages. And with the new Business Taxes in Nevada (Senate Bill 483 (SB 483)), a company has a threshold of $4 million that can be deducted from the gross revenue when finding the Nevada Commerce Tax liability.

As a matter of fact, it is not the threshold for filing. This means that any company that is running a business in Nevada has to file the Commerce Tax Return. This is regardless of it the company’s tax liability unless the company is exempt from filing for the tax return.

So, if a company earns an amount that is less than $4 million as total income in a fiscal year (financial year), they can select the box on the form of the Nevada Commerce Tax Return indicating that the company has an income that is below the threshold. This form would then have to be submitted to the government. On the other hand, those that have an income that exceeds the threshold would have to calculate the liability of the Nevada Commerce Tax.

And it is normal for all the additional state taxes that come in to be burdensome for many businesses, but the Nevada Commerce Tax has many unique aspects as shared below:

  • Tax is imposed on a separate entity basis.
  • Taxpayer funding is used for potential state audit expenses.
  • A fiscal year filing requirement.
  • Virtually no deductions from gross receipts.

What entities are subjected to the Nevada Commerce Tax?

Those businesses that are engaged in business within Nevada are subjected to the Business Taxes in Nevada. A business entity means a:

  • A corporation (C- or S-corporation)
  • A joint venture (Note: This includes any joint venture, excluding the co-ownership arrangement or joint operating company, that meets the requirements of 26 C.F.R. §1.761-2(a)(3), Treasury Regulations §1.761-2(a)(3) and that elected out of the federal partnership treatment as offered by 26 U.S.C. §761(a).)
  • A partnership
  • A limited-liability partnership
  • A joint stock company
  • A proprietorship
  • A business trust
  • A bank
  • A holding company
  • A Limited-liability company
  • A business association
  • A professional association
  • A savings and loan association
  • A sole proprietorship
  • Independent contractors
  • The individuals with rental real estate or royalties
  • Or any other person that is engaged in business in Nevada, which also includes a natural person who files schedule E, part I, with their Federal tax return.

“Engaging in business” means that continuing, conducting, and commencing a business and the exercise of franchise or corporate powers concerning a business, without any limitations.

Let us take an example to understand this better:

Example: KLMNOP Inc. is corporation that is incorporated in Nevada and has the license to work in Nevada. Now, let us say that all the activities of the business are in California and there isn’t any income in Nevada for the company. In this case, the company would have to file the Commerce Tax Return in Nevada. Nevertheless, since it is not getting any income from Nevada, it would not have a tax due.

But remember that the filing is an important step that has to be done regardless of if the company is getting income from Nevada or not, and if the company has a Nevada license to do business. Moreover, the companies that are set up in other states but are engaged in business in Nevada are also obligated to file the Nevada Commerce Tax Return.

In short, the activities that are subjected to the imposition of the tax includes renting, leasing, or selling personal or real property in Nevada, offering services while being physically located in Nevada, holding and maintaining a business facility or place in Nevada, entering into a contract to work in Nevada, and having employees in Nevada. So, if any company is performing any of the above mentioned activities have to file for the business taxes in Nevada.

Which Entities are Exempt from the Nevada Commerce Tax?

Yes, there are some organizations that are not obligated to file for the Nevada Commerce Tax. And the entities that are exempt from filing for the new Nevada Commerce Tax include:

  • IRC 501(c), NRS 82 and NRS 84 non-profit organizations
  • Grantor trusts
  • Credit unions
  • Business entities organized pursuant to NRS 82 or NRS 84
  • Passive entities
  • Real Estate Mortgage Investment Conduits
  • Governmental entities
  • Certain Real Estate Investment Trusts
  • Individuals
  • Entities that only manage and own intangible investments, that includes patents, trademarks, stocks, bonds.

Entities that are exempt from the Commerce Tax must file an Exempt Status Entity Form with the Nevada Secretary of State. The exemption remains in place until the status of the business changes.

What is Taxed?

The Commerce Tax applies to gross revenues that are “sitused” in Nevada. Such gross revenues include:

  • revenue from rents, royalties, and sales of real property are sitused in Nevada if the real property is located in Nevada;
  • revenue from rents and royalties from personal property are sitused in Nevada if the personal property is located or used in Nevada;
  • revenue from the sale of personal property is sitused in Nevada if the property is delivered or shipped to a buyer in Nevada, regardless of the origin or other condition of sale; and
  • revenue from transportation services is sitused in Nevada if both the origin and destination points of the transportation are located in Nevada.

The legislation also contains a “catchall” provision for gross revenue not otherwise described, which is extremely broad and undetailed. The “catchall” was a subject of substantial discussion at the initial regulatory hearing before the Department of Taxation (Department) on July 7, 2015, and is likely to be clarified as the Department establishes its regulations on this tax.

Returns, Commerce Tax Year and Filing Deadline

The Commerce Tax year runs from July 1 through June 30. Returns are due 45 days following the end of the tax year. For 2016, the filing deadline was Aug. 15, 2016. A 30-day extension of time to file is available upon written request – currently there isn’t a separate form for the extension request.

Penalties and interest will be assessed if the Commerce Tax Return is not timely filed or the tax timely paid, based on the amount of unpaid tax. For this first tax year, there is a grace period until Feb. 15, 2017 to file and pay the tax. Penalties and late charges may be waived if the return is filed and the amount due is paid during the grace period if there is good cause for being late (i.e., the failure occurred despite the exercise of ordinary care and was not intentional or due to willful neglect). Waivers will be determined on a case-by-case basis.

Each separate entity must file its own Commerce Tax Return – there is no provision for consolidated returns. Simplified reporting is available for entities with less than $4,000,000 gross Nevada revenues for the year; and, returns can be filed online.

Fiscal year tax

The tax year is a fiscal year ending June 30. The report is due 45 days after the end of the fiscal year ending June 30, 2017. This means your commerce tax return and payment will be due August 14, 2017.

You may request a 30-day extension by written request with “good cause” before the due date. SB 483 does not provide a clear nexus standard applicability to the commerce tax and does not address the applicability of the physical presence nexus standard and Public Law 86-272.

Exclusions and deductions

There are exclusions and deductions from gross revenue. However, there is no deduction for cost of goods sold or other expenses incurred. The commerce tax rates vary depending on the industry type, based on your North American Industry Classification System (NAICS) code. The NAICS code reported on the initial return links your status with the state. If an appropriate NAICS category cannot be determined, the unclassified rate of 0.128% will be applied. The rates range from 0.051% to 0.331%.

The Welcome Letter

All Nevada entities should have received a “Welcome Letter” with information regarding the Commerce Tax filing requirements and enrollment instructions. Due to difficulties in implementing the tax, some entities may not have received the notice and other entities that have no Nevada revenues may not realize there is still a filing requirement. Additional information regarding the filing and registration requirements can be found on the State of Nevada Department of Taxation website.

This Taxpayer ID number is different from your Nevada Business ID number which is located on your Nevada State Business License. Your Taxpayer ID number is what you will use to file the Commerce Tax Return. If you did not receive a letter, please contact the Nevada Department of Taxation Taxpayer Call Center at 866-962-3707 to get the Tax ID number assigned to your business.

Steps to Take Before Filing for the Nevada Commerce Tax Return

Now that you know the basics of the Nevada Commerce Tax let us understand what to do next. So, before you can file, there’s a couple of steps that you’ll need to take:

STEP 1: You have to determine your NAICS code, that’s the acronym for the North American Industry Classification System from the 26 different categories selected by the state to choose from. To determine which NAICS code applies to your business you can look it up at the following link http://www.naics.com/search/ and then drill down from the initial category to determine which one best describes your primary business activity.

Please note: If your business operates multiple types of businesses under its single entity that don’t fall under the same NAICS code (like a bar and laundromat), the NAICS code would be the category where the highest percentage of revenue comes from.

STEP 2: You have to mail in or file online at http://tax.nv.gov/comtax/ the Commerce Tax Additional Information Form which is how you complete your registration. The state has to gather information such as your federal tax id number; the names and addresses of the owners, partners, corporate offers, managers and members of the business.

They also want to know if you’re enrolled in any other taxes in the state such as the Modified Business Tax – which is tied to a Nevada business that has Nevada employees; The Sales/Use Tax applies if you sell tangible goods in the state whereby you have to collect and remit the sales tax.

Use Tax means that if you bought something outside the state of Nevada and did not pay sales tax, that by law you’re supposed to report and pay the sales tax that you would have paid had you purchased the same item in the state.

Certificate of Authority relates to a retailer who does not maintain a place of business in the state, but obtains a certificate authorizing him to collect the sales tax from a purchaser here and then turns around and pays the sales tax to the state. Typically, you see this with online retail organizations.

Excise taxes apply to sales of gasoline, cigarettes, alcohol, cellphones, and vehicle registration and title fees all of which are flat per-unit taxes that must be paid directly to the Nevada government by the merchant before the goods can be sold. You must submit the Commerce Tax Additional Information Form so you will be ready to file by August 15th.

How to file for the Nevada Commerce Tax Return?

Now, let’s talk about the Commerce Tax Return in detail so that you know what you are doing. If your business’s gross revenue, that’s money earned only in the state of Nevada, ranges from zero to $3,999,999.99 cents during the state’s fiscal year which begins July 1 and ends on June 30th, the following year, you qualify for the simplified reporting. You still have to submit the tax return which may take 2 minutes to file online, but remember the really good news, there’s no tax due! Here is the link to the various Business Taxes in Nevada – https://www.nevadatax.nv.gov/

Future heads up. If you’ve always been under the four million mark and during the next fiscal year, again that’s July 1 through June 30th your status changes, meaning you now have Nevada gross revenues that exceed four million dollars, then be aware you’ll need to complete the entire tax return the next time you file. As I said, it may take two minutes to file if fall under the four million in gross revenue so let me share this quick instruction of what you’ll need to complete:

  • Fill in the taxable year (example July 1, 2015 through June 30, 2016)
  • Fill in the State Tax ID Number as shown on the Welcome Letter/upper right hand corner.
  • Fill in the NAICS code
  • Fill in the Business name
  • Fill in the Business address
  • Check the box: I declare that the Gross Revenue from engaging in business in Nevada of the above Business Entity did not exceed $4,000,000 during the taxable year.
  • SKIP TO BOTTOM OF FORM: Check the ‘Under Penalty of Perjury’ box, sign, put in your phone number, name, title and date.
  • PRINT THE RETURN for your records.

Then Hit the Submit via email button to complete the filing online, or you can mail it to the Nevada Department of Taxation

Please make sure you task yourself to file the tax return every August 15th, because the state will not send any reminders. Also, make sure you keep copies of your returns for a minimum of four years, however I recommend you keep them for as long as you have the business.

Now, let’s move onto those businesses that have Nevada Gross Revenue that Exceeds Four Million dollars. The date to file is still August 15th and of course, you have to pay the commerce tax which is based on the rate associated with your NAICS code. You can request an extension to file for up to 30 days without penalty but, if there are any taxes due, interest will accumulate along with any penalties assessed after the 30-day extension expires.

If you’re a Nevada resident and your business is incorporated outside of Nevada, you should complete the Nexus Questionnaire to determine if you are subject to the commerce tax. Most likely not, but you better make sure. Here is the link to it – http://tax.nv.gov/uploadedFiles/taxnvgov/Content/FAQs/COM_nexus_questionnaire.pdf

I can’t even begin to describe how complicated they’ve made the ability to calculate the tax which for some there is at least a few tax credits and/or industry-specific deductions that can be applied against the gross revenue. I’m going to recommend you use the services of a tax professional and maybe more specifically a Nevada based tax professional to prepare your commerce tax return because remember this return is based on the gross revenue you generated during the state of Nevada fiscal year end, not your company’s regular fiscal year end. We can, of course, offer some great recommendations for our clients.

One note of caution. If you have or are going to go out of Business in the State of Nevada, I suggest you call us here at Sage International to provide assistance with properly dissolving the company. Think about it, without properly dissolving and filing final tax returns, both the IRS and the State of Nevada have every reason to believe you are still in business and are legally required to file annual tax returns.

Since there’s no getting around the requirement to file, I wanted to make sure everyone who has a Nevada corporation or Nevada LLC understands the full meaning of “staying in compliance.”

Items to consider

Other than what has been explained above, there are some things that you would have to keep in mind so that you file the Nevada Commerce Tax Return in the right way. These are the things that you would need to consider:

  • The fiscal year for the commerce tax is July 1 – June 30, regardless of your own tax year, and reporting can be cumbersome for many entities. Consider how to tailor reporting processes to comply.
  • In the event of an audit, you are responsible for the actual expenses or costs to execute the audit. Entities that keep records outside the state of Nevada are liable for an “amount equal to the allowance provided for state officers and employees while traveling outside of the state for each day or fraction thereof” during an examination.
  • Establish the correct NAISC code on the tax return, as it can be cumbersome to change the code for future filing periods. The commerce tax has 26 business categories.
  • Specific exclusions and deductions are listed, although be careful when determining any deduction to the commerce tax.
  • The commerce tax is set on a separate entity basis, and no guidance is set for consolidation or combination.

Conclusion

The doubling of the annual license fee for corporations is quite hefty, and will probably cause some entrepreneurs to rethink the popular trend of incorporating in Nevada.

If you’re wondering where to incorporate or form an LLC, here’s the advice I have been giving small business owners for years. And this advice hasn’t changed because of the new Nevada commerce tax policy. If you’re a small business (less than five shareholders), it is generally best to form your business in whatever state you live in or operate your business from.

The bottom line is that you are going to be subject to the tax laws and pay corporation maintenance fees for whatever state you conduct your business in. So if your business is located in California and conducts business there, you can’t escape paying state taxes to California just because you incorporate in Wyoming or South Dakota. Contact IncParadise to know more!

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