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Incorporating in Delaware

Posted on 3/17/11 at 2:09 pm
Posted by TheSurge
The Keg
Member since Nov 2009
183 posts
Posted on 3/17/11 at 2:09 pm
Are there any benefits (i.e. tax breaks or fees) to opening an LLC in Delaware relative to other states? My high school business teacher told us that Delaware had little to no LLC income tax but I find that hard to be true.
Posted by Early Cuyler
Member since Jan 2009
4291 posts
Posted on 3/17/11 at 2:13 pm to
Delaware is where a ton of companies are incorporated.

This should cover it
Posted by TheHiddenFlask
The Welsh red light district
Member since Jul 2008
18384 posts
Posted on 3/17/11 at 2:24 pm to
quote:

Are there any benefits (i.e. tax breaks or fees) to opening an LLC in Delaware relative to other states? My high school business teacher told us that Delaware had little to no LLC income tax but I find that hard to be true.


The reason everyone incorporates in delaware is the legal environment. They made themselves the most business friendly state in the country.
Posted by Athanatos
Baton Rouge
Member since Sep 2010
8140 posts
Posted on 3/17/11 at 2:33 pm to
Yeah, the body of eatablished case law and the ability to export it via the internal affairs doctrine provides substantial benefits when it comes to transaction liability.

Posted by TheSurge
The Keg
Member since Nov 2009
183 posts
Posted on 3/17/11 at 3:02 pm to
Good to know, thanks
Posted by NC_Tigah
Carolinas
Member since Sep 2003
123734 posts
Posted on 3/17/11 at 3:47 pm to
quote:

The reason everyone incorporates in delaware is the legal environment. They made themselves the most business friendly state in the country.
Correct.
Posted by Doc Fenton
New York, NY
Member since Feb 2007
52698 posts
Posted on 3/17/11 at 11:07 pm to
quote:

My high school business teacher told us that Delaware had little to no LLC income tax but I find that hard to be true.


LLC's typically do not have their income taxed at all...
quote:

The primary characteristic an LLC shares with a corporation is limited liability, and the primary characteristic it shares with a partnership is the availability of pass-through income taxation.


The usual reason given why people incorporate in Delaware is because the body of corporate law there is so well established, and is also relatively business-friendly compared to other states. (Think about issues like plaintiffs' strike suits, state/local anti-self dealing laws, poison pills [in the case of corporations, not LLCs], etc.)
Posted by wrlakers
Member since Sep 2007
5745 posts
Posted on 3/18/11 at 12:38 am to
quote:

Are there any benefits (i.e. tax breaks or fees) to opening an LLC in Delaware relative to other states? My high school business teacher told us that Delaware had little to no LLC income tax but I find that hard to be true.
One thing to think about is that you can be sued in Delaware if you form your entity there. If you cannot afford to defend a lawsuit in another state, you might want to think about that.
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