Significant Business Presence Rules
There are rules that a court uses to determine whether or not a corporation has a presence in the state in which it is domiciled. They are called the "Significant Business Presence Rules". They are as follows:
- The corporation must maintain a corporate business address in the state. In reference to this subject the American Bar Association, in its revision of THE MODEL BUSINESS CORPORATION ACT, ANNOTATED, Section 202(a)(3) stated: "A mailing address consisting of only a post office address is not sufficient"
- The corporation must also maintain both an active telephone number and fax line at the business address and not in your home state. The telephone number should be listed with directory assistance.
- The Corporation must have an EIN issued by the IRS identifying it as a Nevada Corporation or LLC. IF it has an identifying code from another state, the IRS will notify that state each year so that the state can collect those taxes. Remember, there is no state tax in Nevada. AND it is the official policy of the State of Nevada to NOT share information with the IRS.
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