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Foreign Qualification
If your company expects to transact business outside your state of formation, your company may
be required to qualify as a "foreign corporation" or "foreign LLC". IncSmart.biz can file the
necessary paperwork to qualify your business as a foreign corporation or LLC in any of the 50
states.

A corporation or LLC is considered to be domestic only in the state where it was formed. In all
other states, your company is regarded as a foreign corporation or LLC. To qualify your company
to transact business in another state, you must register for a Certificate of Authority to transact
business in that state. The consequences of not qualifying in a foreign state in which your
company transacts business may include loss of access to that state's courts and potential fines.

Additionally, corporations and LLCs are subject to taxes and annual report fees in both the state
of formation (also called their domestic state) and any states where the corporation or LLC is
qualified as a foreign corporation or LLC. Additionally, most states require corporations and LLCs
to have a registered agent within each state where the company is qualified. This agent must be
available to receive important communications from the state and others on behalf of the
company. IncSmart.biz provides registered agent services in all 50 states and Washington D.C.
Foreign Filing Test Questions
1)  Will you have W2 Employees in another state?
2)  Will you need a special license in another state?
3)  Will you have a brick and mortar location in another state?
4)  Will you be shipping any products from another state?
5)  Will you have any real estate in another state?
Yes to anyone of these questions means you need a foreign filing.
Foreign Qualification Service

IncSmart foreign qualification service includes:

  • Preliminary name availability check in the state of qualification
  • Preparation and filing of the certificate of authority in the state of qualification
  • Obtaining a certificate of good standing or certified copy for your business from the
    state of formation, which must accompany your certificate of authority
  • Payment of initial state filing fees
The ten best states in the Tax
Foundation’s 2007 State Business Tax
Climate Index are:

1. Wyoming
2. South Dakota
3. Alaska
4. Nevada
5. Florida
6. Texas
7. New Hampshire
8. Montana
9. Delaware
10. Oregon
The ten worst states in the Tax
Foundation’s 2007 State Business Tax
Climate Index are:

41. Minnesota
42. Maine
43. Iowa
44. Nebraska
45. California
46. Vermont
47. New York
48. New Jersey
49. Ohio
50. Rhode Island