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Nevada Incorporation

In deciding which state is the best state in which to incorporate, several factors must be analyzed. What is a state's regulatory climate? What is a state's tax situation? What is a state's stance on individual privacy? Which state will allow you the greatest stability to run your business the way you see fit? Which state has the best body of statute? Which states have the lowest filing fees?

For years, Delaware has been the leading state of choice for businesses wishing to incorporate. Delaware drafted an excellent body of statutory law. Delaware was very, very flexible and allowed ease of operation throughout the United States. But over the last few decades, a new state has risen and has taken Delaware's place as the preferred state for new businesses, and that state is Nevada. Let's consider several points and after we do, I am certain you will agree with me that Delaware is no longer the best state in which to incorporate.

First, Delaware has a franchise tax, Nevada does not.

Secondly, Delaware has an income tax, Nevada does not. While it is true that this 8.7% income tax applies only to revenue earned within Delaware, this may change. In any event, that also means reporting, public disclosure, forms, red tape, etc., you do not need.

Third, Delaware is now regulated by a corporation commission, Nevada is not. You should be aware that any time a state or federal bureaucracy is created it immediately begins to make rules and regulations to promote, enlarge, and enhance itself and make itself indispensable and necessary at your expense and inconvenience. No, you don't need added regulation.

Fourth, Delaware, like every one of the other states except Nevada, reports tax data to the Internal Revenue Service.

Fifth, some states make a major item out of the fact they recognize S-Corporations. The status of a corporation as an S-Corporation really has no significance to the corporate owners if the state has no income tax. In Nevada, whether you have an S-Corporation or not really doesn't matter to the Department of Taxation since allocation of taxable income from corporations to the individual has no effect on the state's revenue. Delaware, however, does recognize S-Corporations and therein lies the rub. A Corporation can get S-Corporation treatment to the extent its owners are residents. If there are shareholders who are not Delaware residents, the corporation is taxed on the level of that non-resident ownership.

But that's not all, consider these other points:

  • First, in Delaware you must disclose the date appointed for the next annual meeting of stockholders for election of Directors. You do not have to divulge any information like this in your Nevada corporation

  • Second, in Delaware you must disclose in your annual report the location of principal places of business outside of Delaware, this is not required in Nevada.

  • Third, in Delaware you must list the number and value of shares of stock actually issued. This could be dangerous to you and it is not required in Nevada.

  • Fourth, in Delaware you must report the transfer of stock, not so in Nevada where maximum flexibility is always maintained.

  • Fifth, the annual cost to maintain your corporation with 20 million common and 5 million preferred shares as active in Nevada is the modest sum of $85. This is the fee for filing your annual list of officers and designation of registered agent. For a similar Delaware corporation, the annual fee is more than $200.

  • Sixth, in Delaware you must pay tax on income earned in Delaware. The state of Nevada has no income tax either on the corporate or individual level. In fact, Nevada's constitution prohibits personal income tax. In Nevada none of these problems apply, you're free from the regulating hassles which afflict corporations in Delaware.

Clearly the best place to incorporate is Nevada, the state of the future, the frontier state with new horizons. The smart move is to keep in step with progress, to turn from the old to the new. The state of Nevada offers maximum flexibility, maximum privacy, and a minimum of regulation and red tape. As thousands of companies have taken advantage of these opportunities, you too can gain the benefits of incorporating in Nevada When you do incorporate in Nevada you will find that you have a corporation which will allow you to accomplish all of your goals and all of your objectives.

Let GoPublicToday incorporate for you or purchase our going public contract and it is part of the agreement that GPT will accomplish for you.


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