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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 8859
Experience:  30 years of corporate, litigation and international law
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We have a gas pipeline and construction business (LLC) in Texas.

Customer Question

We have a gas pipeline and construction business (LLC) in Texas. We plan to do this work in Louisiana and New Mexico. What licenses, etc do I need to acquire to do work in these states? I am researching and think I need a "Foreign LLC Registration" and found those forms. How do I handle state taxes, workers comp, etc? And what else am I missing?
Submitted: 1 year ago.
Category: Business Law
Expert:  Richard - Bizlaw replied 1 year ago.

bizlaw :

Hello, I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for. I want to be sure I understand your situation. You will be opening up operations in these two states and employ people living in these two states is that correct? I also assume you will be purchasing products to use in projects in those two states is that also correct?

bizlaw :

I will check back to see your response.

Customer:

Yes, we will send our Texas employees to job locations in these states BUT we MAY hire from those states but not necessarily. we should probably be covered to do so as needed.

Customer:

Yes, we will purchase supplies from those sttes or those job locations as well.

Customer:

*states

bizlaw :

I am going to do some research and to deal with some other matters so I will be away for about an hour. I should have a response for you by then if that is OK with you.

bizlaw :

The requirements in both states are essentially the same. In NM, you will have to qualify as a foreign LLC. At that time you also need to register for the gross receipts (sales) tax. The Form to use is Form RP-31. You will have to have workers compensation insurance because if you have employees working in Louisiana they count employees for all companies owned by the same business to meet the three employee threshold. I suggest you check with your current workers comp insurance to see if they provide coverage in NM for your employees there. You will also want to get resale certificates which avoid tax on purchases of tangible personal property that is going to be resold. I recommend that you retain local counsel to review what you need to pay gross receipts (sales) tax because the nature of your business can provide a number of exemptions and have situations where you might think you have an exemption when you do not.

bizlaw :

Louisiana is similar to NM. However, workers compensation is required if you have a single employee in the state. To register for sales taxes you need to use form R-16019. Here is a link to applying for a resale certificate. Just as in the case of NM, I recommend that you retain local counsel familiar with the sale tax regulations to be clear on what you need to pay taxes on and what you can use your resale certificate to avoid paying sales taxes.

bizlaw :

Here is the resale certificate link. http://www.revenue.louisiana.gov/sections/answercenter/TaxpayerEducationCourses/LaTAPResaleCertificate/index.html

bizlaw :

If I have answered all your questions, please rate my answer excellent as that is how I am compensated. If you have more questions, please let me know. If the answer was especially helpful you can provide a bonus.

bizlaw :

I will check back later to see if you have any more questions.

Customer:

I feel like there are more forms that I need. Don't I need a Application for Original Contractor's License from the State Licensing Board for Contractors in LA?

bizlaw :

I thought your question was about general business licensing not the professional licenses.

bizlaw :

I need to know more about what is entailed in your work. Do you need plumbers or other specialty contractors?

bizlaw :

I will check back later while I do some additional research

bizlaw :

Here is licensing info on New Mexico

bizlaw :

NM Statute 14.6.3.8(A)(1) - any person engaged in construction in the state must be licensed
You have to have a qualified person for each category of license in which you are going to engage.

Here is link to the licensing statutes in NM that show what you need to get a contractor license.
http://www.nmcpr.state.nm.us/nmac/parts/title14/14.006.0003.htm

Here is a link to a site that explains what is required to obtain a license http://www.contractors-license.org/nm/nm.htm

New Mexico has no reciprocity contractor licensing agreements.

bizlaw :

Here is licensing info with respect to LA

bizlaw :

In Louisiana you will need a license. Here is a link to a site that can lead you to the places to contact to obtain a license.
http://www.contractors-license.org/la/la.htm

Louisiana has reciprocity agreements for contractor licensing with a number of states

http://www.lslbc.louisiana.gov/pdf/exam_reciprocity.pdf

Here is a link to what is required to obtain reciprocity in Louisiana

http://www.lslbc.louisiana.gov/faq.htm#reciprocity_other_states

bizlaw :

If I have answered all your questions, please rate my answer excellent as that is how I am compensated. If you have more questions, please let me know. If the answer was especially helpful you can provide a bonus.

bizlaw :

I will check back to see your response in half an hour or so

Customer:

I'm not even sure that we would need a contractor's license in those states since we don't qualify to have them in Texas as we are a subcontractor and not a contractor - as defined in Texas. I found a company that specializes in handling these situations so I will check with them. Thank you for your help.

Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 8859
Experience: 30 years of corporate, litigation and international law
Richard - Bizlaw and 5 other Business Law Specialists are ready to help you
Expert:  Richard - Bizlaw replied 1 year ago.
I thought you were a general contractor. I am glad I could be of help. Let me know if you need any additional information.
Expert:  Richard - Bizlaw replied 1 year ago.
Hi JD,


I'm just following up with you to see how everything is going. Did my answer help?


Let me know,if you have any more questions.
Bizlaw
Customer: replied 1 year ago.

It helped get me looking I better places. I found a company that will be our registered agent and file the forms for me. Thank you.

Expert:  Richard - Bizlaw replied 1 year ago.
I am glad to be of help. If you have questions in the future please ask for me, Bizlaw

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Richard - Bizlaw
Richard - Bizlaw
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30 years of corporate, litigation and international law