• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Moving business to a different state and back

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

kingmo

Junior Member
What is the name of your state? New York and Texas

Long story short i'm moving from NYC to Texas for 1-2 years only. Texas has no state taxes, so naturally i'd like to operate my business from there. I have an LLC. How would that work with state registration. Do I need to close my business in New York before moving and then open it in Texas when I arrive there, and redo the process when I return? Since i'm moving in March will I have to pay partial state taxes to both states next year?
 


PayrollHRGuy

Senior Member
What is the name of your state? New York and Texas

Long story short i'm moving from NYC to Texas for 1-2 years only. Texas has no state taxes, so naturally i'd like to operate my business from there. I have an LLC. How would that work with state registration. Do I need to close my business in New York before moving and then open it in Texas when I arrive there, and redo the process when I return? Since i'm moving in March will I have to pay partial state taxes to both states next year?
You simply register your foreign entity with the state of Texas.

https://www.sos.state.tx.us/corp/foreign_outofstate.shtml

You will need to continue paying franchise tax in NY if you want to keep the entity in good standing there. And yes taxes will need to be paid where the business is done.

Also, if you still make sales in NY while you are in TX you do have to make sales tax payments there.
 

LdiJ

Senior Member
What is the name of your state? New York and Texas

Long story short i'm moving from NYC to Texas for 1-2 years only. Texas has no state taxes, so naturally i'd like to operate my business from there. I have an LLC. How would that work with state registration. Do I need to close my business in New York before moving and then open it in Texas when I arrive there, and redo the process when I return? Since i'm moving in March will I have to pay partial state taxes to both states next year?
What does your business do? Would your business be operating in NY while you are living in TX?
 

adjusterjack

Senior Member
You'll likely have to register your LLC in Texas as a foreign LLC. Google that to find out how.

Texas doesn't have an income tax but it does have a sales tax so you'll want to check out the state sales tax agency, maybe even county and city levels. You can google that stuff, too.

I don't know what you mean by close and open.

You can check with the NY agency where you filed your LLC and see if any documents need to be filed when you move the business out of state.

You will almost certainly have to file a part year income tax return for NY through March. Your account should be able to advise you on that.

If you have any business insurance, make sure you advise your agent and make the appropriate changes on your policy.
 

kingmo

Junior Member
You simply register your foreign entity with the state of Texas.

https://www.sos.state.tx.us/corp/foreign_outofstate.shtml

You will need to continue paying franchise tax in NY if you want to keep the entity in good standing there. And yes taxes will need to be paid where the business is done.

Also, if you still make sales in NY while you are in TX you do have to make sales tax payments there.
My business is 100% digital, so NY sales tax wouldn't apply right? I don't own a franchise it's an LLC, so that's not applicable either?
 

davew9128

Junior Member
What do you mean by that? My business will spend 2 months in NY and 10 months in Texas this year.
Perhaps I should use smaller syllable words? Businesses aren't taxed like that. Clearly you're in over your head and should be consulting a paid professional.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top