Home
>
Small Business
>
Deciding Which State To Incorporate Your Small Business In

Deciding Which State To Incorporate Your Small Business In

Once you've decided to incorporate your small business the next step is deciding which state to incorporate in. A common misconception is that businesses must incorporate in their state of operation. You can, in fact, incorporate in any one of the 50 states and the District of Columbia regardless of where your business currently operates.

It is perfectly acceptable to incorporate in a state other than your current area of operation, but it is not always a good idea to do so. If your company chooses to incorporate in a state outside its area of operation life becomes a little more complicated. Your business becomes a "foreign corporation" in any state outside of the state it is incorporated in. If a corporation is "transacting business" in a state other than where it is incorporated, it must register for a certificate of authority to transact business in the other state or possibly lose access to that state's courts and face fines.

Registering for a certificate of authority, of course, costs money and is only one step in the process of qualifying to do business as a "foreign corporation" in another state.

There are advantages to incorporating in different states with regard to corporate laws and tax structure. Delaware is by far the most popular state for incorporation. Most of the fortune 500 companies are incorporated in Delaware.

Some of the most attractive features of incorporating in Delaware include:

1. Lack of corporate income tax for corporations incorporated in Delaware but not transacting business in the state.

2. Delaware has a separate corporate law system that uses judges appointed for their knowledge of corporate law as opposed to juries, whose knowledge of corporate law is limited at best.

3. Shares of stock owned by persons outside of Delaware are not subject to Delaware taxes.

For a small business deciding weather or not to incorporate in Delaware it is necessary to measure the cost of qualifying as a "foreign corporation" in the state of operation versus the amount that will be saved by incorporating a small business in Delaware. Typically it is not advantageous for small businesses to incorporate outside of their home state as even small businesses are usually required to pay corporate taxes in both the state of foreign operation and the state of incorporation. If you're not sure where to incorporate, visit www.small-business-assistance.com. We can help you decide if the cost of local incorporation will be less than incorporating in another state.

Jacob Wren operates Small Business Assistance ( www.small-business-assistance.com ) - a resource site for entrepreneurs that offers advice on incorporating and an array of other small business topics.

elite cleaning services Buffalo Grove ...

In The News:

Jevon Martinez livestreamed himself removing 10 Flock Safety cameras in Bernalillo County, but authorities say eight belonged to neighborhood associations.

A dark web service called Nexus claimed to hold over 153 million driver's license records, and the FBI confirms it is now looking into the incident.

Asking Siri to call American Express connected an 82-year-old woman to a bogus number that nearly drained $100,000 from her Bank of America account.

The Fox News AI Newsletter covers the latest artificial intelligence technology advancements, including the challenges and opportunities AI presents now and for the future.

iPhone Duo opens to a 7.6-inch foldable display starting at $1,999, but Siri Recap's ambient listening on Apple Watch may spark privacy concerns.

Homeowners association meeting minutes and membership lists can expose names, addresses and emails that scammers use to craft convincing phishing scams.

Lima, Ohio, has installed 3,120 floating solar panels on its Twin Lakes Reservoir, projecting nearly $10 million in electricity cost savings.

Amazon's Alexa for Shopping now lets customers verify suspicious emails, texts and phone calls against the company's own communication records.

Lindsey Brooke Isaacs spent 13 days in jail after a Flock camera flagged her Dodge Durango near a fatal Florida crash that killed three people.

AI-powered smart grocery carts are linked to 32% higher spending, according to new research, as Instacart Caper Carts expand across U.S. stores.

A VPN encrypts your connection on hotel, airport and café Wi-Fi abroad, but streaming catalogs and live sports access still depend on provider rules.

Gmail's Verified Sender Program launches September 8, 2026, giving U.S. political committees a more reliable path to your personal email inbox.

Elroy Air's Chaparral can carry over 500 pounds and fly 450 miles without a runway, and the FAA just tested it under a new federal program.

Bedrock Robotics says its autonomous excavators are doing paid earthwork on active job sites in Texas and Nevada with no operator in the cab.

A dedicated banking computer isolates your financial accounts from malware and phishing, but passwords, SIM swapping and outdated software remain risks.

The OlloNi SS1 AI robot pet uses a 4K camera and facial recognition to learn your family, but its removable Red Heart memory module raises questions.

Nine identity theft warning signs range from unfamiliar credit inquiries to SIM swap attacks that can quietly drain your bank account funds.

Robot.com's R-dog uses articulated legs and wheels to climb stairs and deliver packages, while its built-in screens display paid ads along the route.

MyChart phishing emails mimic real patient portal alerts with fake lab results and malware tricks that target Windows users across the country.

The Fox News AI Newsletter covers the latest artificial intelligence technology advancements, including the challenges and opportunities AI presents now and for the future.

Google's Motion Assist places animated dots on Pixel screens to combat motion sickness in vehicles, but the Android 17 rollout remains limited.

Moving to a 55+ community can quickly expose your data to scammers and data brokers before you even unpack, putting your whole family at risk.

Amazon Prime Air drone delivery plans to reach nearly 500 U.S. cities by the end of 2026, but your yard and ZIP code may determine eligibility.

The FBI reports nearly $21 billion in cybercrime losses for 2025, up 26%, as AI scams make fake voices and identities more convincing than ever.

Uber teen accounts now feature live video streaming from the driver's camera, but encrypted recordings stay on Uber's servers for up to 14 days.