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Do I need to register as a foriegn enitty in other states?

Asked by: Stacy I  — 27 March, 2013

I am launching a business holding events at businesses. I plan to apply for LLC in DE but have events in MD, VA, DC, NJ etc, Do I need to register in each of these states?

Answered by: admin  — 27 March, 2013


Each state is going to look at it differently. Generally being in a state and performing services is taxable, but there are different thresholds of what states require reporting and which ones do not.

– MD has a minimum earnings from MD above which you have to file $9,500 for single and $19,000 if married,
– VA taxes any income earned while in VA performing services
– DC – no return unless you are in the District for 183 days or more
– NJ – if you have more than $20,000 of TOTAL income married ($10,000 single) from all locations and you spend less than 30 days in NJ, then you file a non-resident return and report your NJ source income.

If the LLC is a disregarded entity, I don’t think you need to register the LLC in each state. If the travel is infrequent, you should be able to just file as an individual. However, not registering may risk your liability protection while you are out of state and may need to consult an attorney about that, since legal issue is beyond my scope. If this is a recurring type of activity where you are regularly going to travel to that state and perform services under the LLC’s name, then you probably need to register it in each state.

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