Answers

State of Incorporation

Asked by: amy  — 24 January, 2012

I’m a GA resident. Is it advantageous to form a Delaware corp instead of GA?

Answered by: admin  — 24 January, 2012

Amy,

Registering your corporation in the state of Delaware could be very advantageous for their extremely business-friendly approach to regulations and the fact that this state does not have a state sales tax.

As a resident of Georgia, incorporating in Delaware would be an advantage if you sell products through an online store, typically from your home. Since the state of Delaware does not charge a state sales tax, you would not have to spend the time and money applying for a state sales tax vendor id. Another advantage of Delaware is that any attorney can practice this state’s law.

If you conduct all of your business online and are providing a service, then I would look into the possibility of incorporating in Wyoming. They have very low set-up and maintenance fees, and like Delaware, is built around very business-friendly regulations. Wyoming has sales tax, but if you provide services that would not concern you.

If you have a physical location (such as an office), or you conduct your business in person with the option to deduct home office related expenses, then its probably better to just to register your business in Georgia.

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