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Changing LLC domicile

Asked by: Tim S - 24 September, 2013 Hello,

I am considering changing the domicile of my LLC from MN to a more tax friendly state - SD, NV, WY or DE.

What are the tax considerations of doing this and how much difference will changing the domicile make for an LLC (ie: pass-through income)?

Background: Financial services company - currently pay no state sales tax, employees in MN and about seven additional states.

Thank you.
Answered by: Wray Rives - 26 September, 2013 Tim,

Changing the state where your LLC is domiciled will generally not result in any tax savings as long as you intend to continue to operate the business from the state where you are currently located. In your example if your business is physically in MN, just changing the state where you register will not avoid MN taxation unless you also intend to physically move the business operation to the new state also.

So even if you register your LLC in WY, which has no state income tax, all you would accomplish is you would still have to file a return for MN where the business physically operates and file a return for WY to pay the annual LLC registration fee.


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