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Eddie Starr
  • Specialist
  • fremont, ne
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Do I need to register as a foreign business entity?

Eddie Starr
  • Specialist
  • fremont, ne
Posted May 17 2022, 15:08

As a summary from here:

You’re a consultant who performs the majority of your work online, with clients in multiple states. In this case, you do *=not*= need to file a foreign qualification. Just because you’re making money from clients in other states doesn’t mean you’re transacting business there, according to the law.

Does your LLC or corporation operate out of any physical presence in the state (i.e. office or retail store)?
Are you frequently conducting in-person meeting with clients in the state (and not just conducting business via email/phone)?
Does a significant portion of your company’s revenue come from the state?
Do any of your employees work in the state? Do you pay state payroll taxes?
Did you apply for a business license in the state?

So, here's a few different scenarios, along with that I can say "No" to each of the above:

1. Let's say I'm looking to do virtual or co-wholesaling, where I find the buyer. Based on the above, I wouldn't need to register as a foreign entity, right?

2. What about if my company sends in money, like for escrow/title, and I earn my fee at closing?