Starting a LLC in a Different State Than I Live

[Wendell Raboteau]

I live in Virginia and want to form an LLC in Nevada. Do you have to form your LLC a certain way to be able to file as an S-Corp?

[Art Ritter]

Hi Wendell!  Welcome to Nevada!  

To do what Daria is suggesting above, go to:  the Nevada Secretary of State's business portal.

But, I would also look directly at the corporate law governing LLCs in Nevada (as I would in any state where i might form one - or operate one from out-of-state. In this case the governing law is: Nevada Revised Statute 86. You will find that this law provides default provisions and options on their content and placement (Articles of Organization which are filed / re-filed with the state when changed - for a fee - and/or Operating Agreement which is not filed with the state and may be changed by your LLC's governance structure in accordance with the Articles or Agreement with no state fee ). You may need a lawyer who specializes - and is experienced - in LLC law to advise you on the content and placement of NRS 86's extensive list of these provisions - as you would when creating any form of organization in any state. I doubt you would try Nevada Corporate Headquarters' patience with the probable myriad of questions your review of NRS 86 may suggest.

You can find and access both of these sites (the 'NV SOS business portal' or 'NRS 86') by Googling these terms.

You will find a requirement to have a Resident Agent - who must reside in the State of Nevada for the purpose of process service (and will charge a fee for this).  If this is a perk of using NCH, it is a real bonus.

Although there is effectively no business tax in Nevada, you still have to file a return with the state - but, your tax liability doesn't begin until your income spikes above FOUR (4) MILLION!  So a Nevada-resident tax professional may be an advantage - again, another plus for NCH if they include that service.

Finally (judging from your concerns), as neither you nor I are corporate lawyers  - nor do we play one on TV - all of this is simply management advice - and certainly not legal advice!  I think; however, that it is better to be thorough and well advised in these matters than to use a  quickie, fill-in-the-blanks filing - no matter where you create any form of legal entity - or contract.  And I don't think you can be over-informed on these things.  Better to know before and head off the probable problems and shortcomings than find out later - in court.

Well, good luck! I had to go thru all this with my Nevada LLC, too. There is light at the end of the tunnel.