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    y having to with how sophisticated the Delaware chancellery courts are. But this applies to really big businesses that will litigate in Delaware—not small businesses. And Nevada does offer corporations a no-income-tax haven—but you need to set up a real business presence there, with an office, employees, and property—the whole enchilada.

    Mistake #2:

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    I see a lot of dumb LLC formation mistakes. Maybe more than most people because I regularly teach a graduate tax class on LLC formation.

    Some of the mistakes are made by entrepreneurs and investors trying to save money on accountants and attorney fees. And I guess that’s okay--albeit penny- wise and pound-foolish.

    But you know what really irks me? Some of these mistakes in fact, most of them are made by attorneys and paralegal services… Professionals who should know better.

    But enough whining. Without further fanfare, here are the three dumbest mistakes that I see people make again, and again, and again.

    Mistake #1: Forgetting about Foreign LLC Registration Rules

    Read those tempting advertisements for Delaware or Nevada limited liability companies? The advertisements sound pretty good, but most small businesses shouldn’t use out-of-state llcs or for that matter out-of-state corporations.

    Here’s why: If you’re doing in business in, say, New York, you’re not going to be able to avoid state taxes by forming your llc in, say, Nevada. The tax and corporation laws in your state will require you to register your out-of- state, or foreign, llc in the states where your business operates. Those same laws will require you to pay state income taxes in the states where you earn your income.

    A couple more quick points: Large businesses do like Delaware for a variety of reasons—mostly having to with how sophisticated the Delaware chancellery courts are. But this applies to really big businesses that will litigate in Delaware—not small businesses. And Nevada does offer corporations a no-income-tax haven—but you need to set up a real business presence there, with an office, employees, and property—the whole enchilada.

    Mistake #2: E

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    of these mistakes in fact, most of them are made by attorneys and paralegal services… Professionals who should know better.

    But enough whining. Without further fanfare, here are the three dumbest mistakes that I see people make again, and again, and again.

    Mistake #1: Forgetting about Foreign LLC Registration Rules

    Read those tempting advertisements for Delaware or Nevada limited liability companies? The advertisements sound pretty good, but most small businesses shouldn’t use out-of-state llcs or for that matter out-of-state corporations.

    Here’s why: If you’re doing in business in, say, New York, you’re not going to be able to avoid state taxes by forming your llc in, say, Nevada. The tax and corporation laws in your state will require you to register your out-of- state, or foreign, llc in the states where your business operates. Those same laws will require you to pay state income taxes in the states where you earn your income.

    A couple more quick points: Large businesses do like Delaware for a variety of reasons—mostly having to with how sophisticated the Delaware chancellery courts are. But this applies to really big businesses that will litigate in Delaware—not small businesses. And Nevada does offer corporations a no-income-tax haven—but you need to set up a real business presence there, with an office, employees, and property—the whole enchilada.

    Mistake #2:

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    mpting advertisements for Delaware or Nevada limited liability companies? The advertisements sound pretty good, but most small businesses shouldn’t use out-of-state llcs or for that matter out-of-state corporations.

    Here’s why: If you’re doing in business in, say, New York, you’re not going to be able to avoid state taxes by forming your llc in, say, Nevada. The tax and corporation laws in your state will require you to register your out-of- state, or foreign, llc in the states where your business operates. Those same laws will require you to pay state income taxes in the states where you earn your income.

    A couple more quick points: Large businesses do like Delaware for a variety of reasons—mostly having to with how sophisticated the Delaware chancellery courts are. But this applies to really big businesses that will litigate in Delaware—not small businesses. And Nevada does offer corporations a no-income-tax haven—but you need to set up a real business presence there, with an office, employees, and property—the whole enchilada.

    Mistake #2:

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    a. The tax and corporation laws in your state will require you to register your out-of- state, or foreign, llc in the states where your business operates. Those same laws will require you to pay state income taxes in the states where you earn your income.

    A couple more quick points: Large businesses do like Delaware for a variety of reasons—mostly having to with how sophisticated the Delaware chancellery courts are. But this applies to really big businesses that will litigate in Delaware—not small businesses. And Nevada does offer corporations a no-income-tax haven—but you need to set up a real business presence there, with an office, employees, and property—the whole enchilada.

    Mistake #2:

    Customer Service that Delights
    “Service that delights is the only thing that counts today-everything else is window dressing.” – Unknown DID you know that having twenty-four hour room service and a concierge is all you need to call yourself a “luxury hotel”? Seems like that would be the bare minimum, doesn’t it?According to Price Waterhouse Coopers global hospitality and leisure analyst, Bjorn Hanson, you still get the best service from a bed-and-breakfast. “The owner lives on word of mo
    y having to with how sophisticated the Delaware chancellery courts are. But this applies to really big businesses that will litigate in Delaware—not small businesses. And Nevada does offer corporations a no-income-tax haven—but you need to set up a real business presence there, with an office, employees, and property—the whole enchilada.

    Mistake #2: Electing to be Treated as a C Corporation

    An llc is a chameleon for tax purposes. Which is great. An llc with a single owner can be treated as a sole proprietorship, a C corporation or an S corporation (assuming eligibility requirements are met.) An llc with multiple owners can be treated as a partnership, a C corporation or an S corporation (again, assuming eligibility requirements are met.)

    But just because you can do something doesn’t mean you should. And unless you’ve got expert tax advice from an attorney or certified public accountant, you shouldn’t make the election to be treated as a C corporation.

    A C corporation is taxed on its profits. When those profits are distributed to shareholders, the profits are taxed again to the shareholders. By electing to be taxed as a C corporation, then, the llc owners create an extra level of taxation. Bummer.

    Mistake #3: Electing to be Treated as an S Corporation Too Early

    Llcs can also elect to be treated as S corporations—as noted in the preceding paragraphs. And once a business generates profits well in excess of the amounts paid to owners for salaries, an S corporation election saves the owners big money. Sometimes tens of thousands of dollars per owner per year.

    But you don’t want to elect S corporation status too early--especially if the llc is owned and operated by a single owner.

    By electing S corporation status, the

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