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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 111657
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Does a Texas Corporation have to file as a foreign

Customer Question

Does a Texas Corporation have to file as a foreign corporation in NJ if they have one employee in NJ and no business transactions.
Submitted: 4 months ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, if you actually employ someone permanently in NJ, you have to register as a foreign corporation doing business in NJ because you have to register and pay unemployment and workers compensation on the employee in NJ. Even if you have no business transactions, if the employee is actually working in NJ, you have to register as a foreign business entity.
Customer: replied 4 months ago.
This is a conundrum because the employee does work all over the country. There is no office in NJ This is the situation:We have a S Corporation that I am one of the officers. I also subcontract work through the Texas corporation for a Texas company to do audits all over the USA. My residence is in NJ. I just sleep there. I am 72 years old, sort of retired. Pay taxes via Schedule K. Still having trouble getting my hands around the putting Jersey in the loop.
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your clarification.
If you do no business actually in NJ and the employee does not physically work in NJ, then you DO NOT have to register as a foreign business doing business in NJ.

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