Incorporate in Las Vegas: Everything You Need To Know

When you incorporate in Las Vegas, you form a new corporation under the business laws of Nevada.3 min read

When you incorporate in Las Vegas, you form a new corporation under the business laws of Nevada. Although most business owners operate in the state where they live or are located, some choose to form their business entity in another state because of beneficial tax treatment and corporate laws.

Advantages of Incorporating in Nevada

Some of the reasons businesses choose to incorporate in Nevada include:

• No corporate or personal income tax at the state level
• No taxes on corporate shares
• Small employer payroll tax
• Average business tax savings of 20% over other states
• Dedicated business court for more efficient, less costly commercial litigation
• Personal liability for owners of Nevada corporations and limited liability companies (LLCs)
• Legal protection against charging orders

Deciding on a Business Entity

Establishing a Nevada LLC or corporation creates a legal entity that is separate from you as an individual. This means that if your business is sued or accrues debt, your personal assets cannot be seized to settle these financial obligations. This protection takes effect as soon as you file articles of incorporation to register a Nevada business.

While corporations have a long history as the most common type of business entity, they carry many default rules and regulations that must be followed. The LLC, which combines elements of the corporation and the partnership, is much more flexible when it comes to administrative requirements. For this reason, most new small businesses opt to form as LLCs to save money while retaining limited liability and avoiding stringent managerial regulations.

Creating a Nevada Business

File official documents with the state, called the articles of incorporation. These list the name and street address of the business, along with the name and address of a registered agent who has agreed to accept service of process on behalf of your business. This form will also ask for the type and amount of stock that will be issued.

Disadvantages of Incorporating in Nevada

Most Fortune 500 companies are based either in Delaware or Nevada. For small business owners, however, forming a business in a state other than where you live could be more trouble than it's worth. You may find that the business and tax benefits are minimal compared to those received by large businesses. In addition, shareholders often require Fortune 500 companies to exist in one of those two states to streamline compliance with securities law.

Keep in mind that even though you can avoid income tax by incorporating in Nevada or Wyoming if you live there, if you reside elsewhere you'll still be responsible for income taxes in your home state. If you register in a state other than where you do most of your business, you also forfeit limited liability and put your personal assets at risks. You will need to register in your own state as a foreign entity as well, which carries additional costs and fees.