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You can incorporate in any state if you meet the
basic requirements of that state. However,all states
require you to have a registered agent present in
the state to accept service of process and many states
require you to have a business office presence in
that state.
You can contract for registered agent services and
do not need to have a physical office presence unless
your state requires this. If a physical office presence
is required, you can in most cases purchase this from
a registered agent service as well.
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In cases where your business is confined within the
state where you are located, it usually makes most
sense to incorporate within that state. This is the
case for most local service businesses who do business
locally. You still can incorporate in another state
if you meet the requirements of that state, but you
would need to register to do business in your home
state anyway, so in most cases incorporation in another
state will not derive significant benefits.
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If however you derive income nationwide or worldwide;
for example in the case of an Internet business, there
may be some benefit to incorporating in one of the
common "corporation friendly" states such
as Nevada, Delaware, Wyoming, Florida, etc.
The primary reasons for selecting one of these states
is that they generally have a streamlined, corporation
friendly corporations law and process. Additionally,
these states so not have state income taxes so there
could be state income tax benefits if income is kept
within that state. Consult your tax advisor regarding
these issues.
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