You should incorporate your business in the state where you live or your business is located. For example, if you are living in California, then you should incorporate your business in California. There are many business-friendly states available in the USA where you can incorporate a business. The three best states in the USA to incorporate an online business are Delaware, Nevada, and Wyoming.
- Incorporating a business means converting a sole proprietorship or general partnership business into a company and officially making it recognizable by the state of incorporation
- When a business is incorporated, it becomes its own legal business structure and sets it apart from the individuals who founded the business
- The best part of incorporating in Delaware is, your office or board of directors does not have to live in the state to serve your business
- Nevada offers foreign entity registration and it doesn’t have any State Taxes
- Wyoming is the first state in the USA to allow individuals to form corporations
Incorporating Business In Delaware
There are many reasons Delaware is top of our list. In Delaware, you can incorporate and receive tax benefits without actually living there or operating your business in the state which is very convenient. So if you want the best possible tax setup without a lot of burdens or regulations, Delaware is your best option.
Advantages of Incorporating in Delaware
Unsurpassed Flexibility: The State of Delaware offers lots of flexibility to businesses when it comes to corporate and board structure. It means in Delaware you can easily set up your organization. The best part is, your office or board of directors does not have to live in the state to serve your business. In other states, you would require at least three individuals to be directors and officers but in Delaware, you can solely operate your business.
Excellent Privacy: If you are incorporating in Delaware then you don’t have to disclose key details about your officers and directors when forming the business. If you are concerned about your business’s privacy then you won’t find a better state than Delaware.
An Established Court System: For corporate issues, Delaware uses judges instead of juries which are very important from a business’s perspective. If there is any case for your business then it will be before a judge with expertise in corporate law, not a jury made up of laypeople. So you will get a fair, impartial, and streamlined process.
Attractive To Investors: If you research the last 7-10 years, you will see many investors and banks have shown interest and strong preferences for Delaware corporations. So if you are looking for venture capital then incorporating in Delaware could give you an edge.
Tax Advantages: Delaware has business-friendly tax laws so there are clear financial reasons to incorporate in the state. The best part is, if your business is not in Delaware then you don’t have to pay the state income tax.
Disadvantages Of Incorporating In Delaware
Not Ideal For Small Businesses: Delaware may be ideal for the corporation but it’s not ideal for small businesses because most of the benefits are offered for big corporations with lots of shareholders. So, the chance is very little for small business owners to take advantage of those benefits.
Added Expense: If your business is too small to benefit from the corporate-friendly laws in Delaware then you have to pay added expenses for your business.
Incorporating Business In Nevada
There are many reasons; Nevada is considered a business-friendly state in the USA. So, if you are thinking of incorporating in Nevada then take a look at the benefits that you might enjoy.
Advantages Of Incorporating In Nevada
Foreign Entity Registration: Nevada lets you form a corporation even if you do not live there or your business will not be run out of the state. So you can incorporate in Nevada and then run the business in another state. You can run the business from your home state or another location.
No State Taxes: Many businessmen pick Nevada because of the lack of state taxes. You can enjoy tax freedom is for all types of taxes including corporate income tax. So when you incorporate in Nevada, you will not have to pay typical state levied taxes such as unitary tax, estate tax, gift tax, personal income tax, franchise tax, and many more.
Enhanced Privacy: Unlike any other state in the USA, you will get enhanced privacy for your business in Nevada. In Nevada, you do not have to list owner names in order to incorporate which is very convenient. So you can keep your name, your investors, and other interested parties anonymous if you incorporate in Nevada. You can appoint an attorney to handle all of your details and be named as the person of record for your business.
Heightened Asset Protection: You will get heightened asset protection if you incorporate in Nevada. So, any liability your business incurs is kept with the company. Usually, many states have loopholes that could cause you to be held responsible for damages caused by your company but this is not the case for Nevada. The best part is, you won’t have to list your company assets for the state.
Disadvantages Of Incorporating In Nevada
High Fees: One of the biggest problems of incorporating in Nevada is the high incorporation fees. Nevada has high fees and costs compared to other states in the USA.
Stigma: There might be some problems that you have to face when incorporating in Nevada. Because, in Nevada, some people see corporations formed there and operated elsewhere as illegal or have illegal purposes.
Incorporating Business In Wyoming
Wyoming may remain 3rd in our list but this state has some clear benefits to incorporating in it. In fact, Wyoming is the first state in the USA to allow individuals to form corporations. Wyoming granted permission for Limited Liability Companies in 1977. So Wyoming is considered a haven for entrepreneurs and startups.
Advantages Of Incorporating In Wyoming
Flexibility: Wyoming gives you several options to run your business. At the time of filing your incorporation paperwork you just have to identify the individuals who will be running your day-to-day operations. Then, you can run the business the way you want.
Business Incentives: The state government in Wyoming offers various incentives to businesses that want to incorporate in Wyoming. You don’t have to pay any corporate state income tax or franchise tax for corporations which are very convenient. Moreover, the annual report filing fee remains low at under $100.00 per year. Wyoming also doesn’t collect personal income tax and has a low sales tax at 4%.
Disadvantages Of Incorporating In WyomingFewer Benefits For Remote Businesses: If you are running a remote business then Wyoming is not the best state to incorporate. This is because, you have to pay more tax, and all the benefits are for people who live in Wyoming. So if you are planning on launching a remote business then consider Delaware or Nevada.
Last Updated on October 24, 2022 by Magalie D.
Magalie D. is a Diploma holder in Public Administration & Management from McGill University of Canada. She shares management tips here in MGTBlog when she has nothing to do and gets some free time after working in a multinational company at Toronto.