LLC in states with customers with and without employees in the state
If I hire someone in Utah to do sales for me over the phone, and he   works out of his home, am I required to register an LLC or file my   current one as a foreign entity in Utah? Yes, since you've established presence in Utah. You'll register your current LLC in Utah, no point creating another one. If my sales guy, or I, call businesses in, say, Florida, and sell a   few businesses our services for online work like maybe a website   design, etc. Are we required to file our LLC In Florida as either a   new LLC or a foreign one? No, you need to register where you (your company, including your employees or physical offices) are physically present. You don't need to register in any state you ship products or provide services to. If no-one of your company's employees is present in Florida and you don't have an office/rent a storage there - then you have no presence in Florida. If you actually go there to provide the services - then you do.
Your question mixes up different things.  Your LLC business type is determined by how you organize your business at the state level.  Separately, you can also elect to be treated in one of several different status for federal taxation. (Often this automatically changes your tax status at the state level too, but you need to check that with your state tax authority.) It is true that once you have an EIN, you can apply to be taxed as a C Corp or S Corp.  Whether or not that will result in tax savings will depend on the details of your business.  We won't be able to answer that for you.  You should get a professional advisor if you need help making that determination. Is the business an S-Corp, LLC or Sole Prop? I am going to guess based on the question that it is an LLC that you never closed with the state and you live in a state (NY) that charges a fee for having an LLC in the state in which case you owe those fees to the state. I am not aware of any taxes on the mere existence of a business by the IRS. I think you are going to find out that the are no taxes owed to the IRS for this nonexistent activity. You may be able to, depending on what state you're in, but it is going to be 10x more complicated than just forming a new LLC. I don't see an advantage to this approach - if you're imagining it will be cheaper, you are imagining wrong. An LLC is a very flexible company when it comes to taxation.  You have three basic tax options: There are other good reasons to create an LLC (mainly to protect your personal assets) so even if you decide that you don't want to deal with the complications of an S-Corp LLC, you should still consider creating a sole proprietorship LLC. "Generally, you pick the State which you're located at, because you'll have to register your LLC there in any case. In your case that would be either Colorado or Oklahoma - register as domestic in one, as foreign in the other. If your concern is anything other than mere convenience/costs - then you need to talk to a lawyer, however most State LLC laws are fairly alike (and modeled after the ""Uniform Limited Liability Company Act"". Keep in mind that most of the sites talking about ""forming LLC out of state"" are either sales sites or targeted to foreigners attempting to form a US company. All the cr@p you hear about forming in Delaware/Nevada/Wyoming - is useless and worthless for someone who's a resident of any of the US States. If you're a US resident - you will always have to register in the State you're located at and do the work at, so if you register elsewhere - you just need to register again in your home State. In your case you already span across States, so you'll have to register in two States as it is - why add the costs of registering in a third one?" If it was me I would want to go with the state I am moving too. I'm not familiar with business law too much as I'm only a law student right now but I would guess it's a safer bet. There might be local state laws that could apply. If there are not any local regulations then they should still know all of the national regulations just the same. You really shouldn't be using class tracking to keep business and personal operations separate. I'm pretty sure the IRS and courts frown upon this, and you're probably risking losing any limited liability you may have. And for keeping separate parts of the business separate, like say stores in a franchise, one approach would be subaccounts. Messy, I'm sure. If you have a single-member LLC that is treated as a disregarded entity (i.e. you didn't elect to be taxed as a corporation), and that LLC had no activity, you're off the hook for federal reporting. The LLC's activity would normally be reported on your personal tax return on a Schedule C. If the LLC had under $400 in taxable earnings, no Schedule C is needed. So an inactive LLC does not have a tax reporting requirement. (If you had taxable income but under $400, you include that amount on your 1040 but don't need a Schedule C.) In Texas, you still must file a Texas franchise tax report every year, even for a single-member LLC with no activity. I'm not sure I am fully understanding the nuance of your question, but based on your answer in the comments you and your business are not separate legal entities. So your income is the full $70K, there is no distinct business to have income. If you clarify your question to include why you want to know this I might be able to give a more meaningful answer for your situation. Delaware LLC requires that each business entity have and hold an enterprise Registered in the State of Delaware who can be both a character resident or enterprise entity this is legal to do business in the  Wilmington, Delaware. the Delaware LLC has offered the same asset protections and tax advantages that a corporation offers. Often the LLC is the simpler, more flexible choice for small businesses. This small amount of required information not only makes it easy to start an LLC in Delaware, but it also helps to keep your identity and personal information secure. "You're confusing so many things at once here...... First thing first: we cannot suggest you what to do business-wise since we have no idea about your business. How on Earth can anyone know if you should sell the software to someone or try to distribute to customers yourself? How would we know if you should hire employees or not? If you say you don't need employees - why would you consider hiring them? If you say you want to sell several copies and have your own customers - why would you ask if you should sell your code to someone else? Doesn't make sense. Now to some more specific issues: I heard sole proprietary companies doesn't earn more than 250k and   it's better to switch to corporation or LLC etc. because of benefits. I heard it was snowing today in Honolulu. So you heard things. It doesn't make them true, or relevant to you. There's no earning limit above which you should incorporate. You can be sole proprietor and make millions, and you can incorporate for a $10K/year revenue business. Sole proprietorship, incorporation (can be C-Corp or S-Corp), or LLC - these are four different types of legal entity to conduct business. Each has its own set of benefits and drawbacks, and you must understand which one suits you in your particular situation. For that you should talk to a lawyer who could help you understand what liability protection you might need, and to a tax adviser (EA/CPA licensed in your state) who can help you understand the tax-related costs and benefits of each choice. On the other hand I heard that if I create LLC company, in case of   failure, they can get EVERYTHING from me, what's this all about? No. This is not true. Who are ""they"", how do you define ""failure"", and why would they get anything from you at all? Even without knowing all that, your understanding is wrong, because the ""LL"" in LLC stands for LIMITED liability. The whole point of forming LLC or Corporation is to limit your own personal liability. But mere incorporation or forming LLC doesn't necessarily mean your liability is limited. Your State law defines what you must do for that limited liability protection, and that includes proper ways to run your business. Again - talk to your lawyer and your tax adviser about what it means to you. I'm totally unfamiliar with everything related to   taxes/companies/LLC/corporation etc Familiarize yourself. No-one is going to do it for you. Start reading, ask specific questions on specific issues, and get a proper legal and tax advice from licensed professionals." An LLC is a pass-through entity in the USA, so profits and losses flow through to the individual's taxes.  Thus an LLC has a separate TIN but the pass-through property greatly simplifies tax filings, as compared to the complicated filings required by C-corps. "SOS stands for Secretary of State. The California Department of State handles the business entities registration, and the website is here. See ""Forms"" in the navigation menu on the left. Specifically, you'll be looking for LLC-5." "What exactly would the financial institution need to see to make them   comfortable with these regulations The LLC Operating Agreement. The OA should specify the member's allocation of equity, assets, income and loss, and of course - managerial powers and signature authorities. In your case - it should say that the LLC is single-member entity and the single member has all the managerial powers and authorities - what is called ""member-managed"". Every LLC is required to have an operating agreement, although you don't necessarily have to file it with the State or record it. If you don't have your own OA, default rules will apply, depending on your State law. However, the bank will probably not take you as a customer without an explicit OA." Many enterprise owners inside the United States select to form their enterprise as a Delaware LLC because of the felony advantages from the state’s predictable enterprise friendly legal guidelines. Delaware LLC formation is easy, too — there's no need to visit the kingdom and minimal data is needed to form your LLC in Delaware. The method may be accomplished online; IncNow can assist shape a Delaware LLC in your enterprise in just five mins. You can form an LLC in Delaware without visiting, opening an office, or maintaining a bank account in Delaware.