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Filed in South Dakota, but primary business is in California

Asked by: Sergio Escobar  — 25 July, 2012

I have formed a LLP in South Dakota but live in California, as well as my partner, and will be conducting business in California, but none in South Dakota. I know I have to register with the city to obtain a business license to promote events, but do I also have to register with the State of California? And where do I file the tax ID number since I filed in South Dakota but my primary business will be in California?

Answered by: admin  — 25 July, 2012


Typically speaking, a company must be registered in the state(s) where the business is being conducted. In this case, being the business is going to be conducted in California, it seems like you would need to be registered there. You can file your South Dakota business as a foreign entity in California, which will effectively have your business registered in both states.

The federal tax id is obtained through the IRS, so that wouldn’t have an effect on the state of registration. A sales/use tax would have to be obtained in the state where the business is conducted (if one is needed).

It would definitely be a wise suggestion to discuss your business plan with a licensed accountant.

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