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I want to speak to a lawyer who deals with small business in Nevada. I have questions about what state requirements we need to fulfill.

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Can you confirm that you are in Nevada?

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Our company is registered in Washington State. Our CEO lives in Reno and we have employees in Nevada. We do not do any business in Reno -- no income from Reno. We have registered for payroll taxes, is there anything else required?

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9/13/2017
Lane
Lane, JD, CFP, MBA, CRPS
Category: Business Law
Satisfied Customers: 14,644
Experience: JD (Law Degree), CFP, Master's Degree, Finance & 30 years experience providing business advice
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Nevada Law, in this area of the code, works in the negative. That is to say, only organizations the meet the definitions of NOT doing business are exempt from registration with the secretary of state, as a foreign corporation.

...

If you are not selling to Nevada residents you likely have no NV source income, but that's irrelevant, becasue there is no state income tax. So registering for payroll taxes is likely the only tax registration you'll need, but it MAY be wise to register as a foreign corporation in REnt if you don't feel like you specifically fall into the NOT doing business in Nevada delineations here:

...

https://www.leg.state.nv.us/nrs/NRS-080.html#NRS080Sec012

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Also, be sure that by registering for payroll taxes you're registered to pay Nevada's Modified Business Tax (MBT); Any businesses that have employees and report gross wages to the Nevada Employment Security Division (ESD) are subject to the state’s modified business tax (MBT). In other words, most Nevada businesses with employees are subject to the MBT.

...

The Nevada Department of Taxation more specifically describes the MBT as a quarterly payroll tax. The tax is due on the last day of the first month following the end of a payroll quarter. For example, for the quarter running from July 1st to September 30th, the return and payment are due on October 31st. Your business will be automatically registered for the MBT when it registers with the Employment Security Division. The ESD will then start sending your business the MBT tax returns. (Note: your registration for the MBT is with the Department of Taxation, not the ESD.)

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Customer reply replied 10 months ago
Could you clarify this sentence -- do you mean Reno? And I am not sure about what you mean about falling into the NOT doing business. How would we fall into the delineations.
So registering for payroll taxes is likely the only tax registration you'll need, but it MAY be wise to register as a foreign corporation in REnt if you don't feel like you specifically fall into the NOT doing business in Nevada delineations here:...

I mean, click on the link I provided to the Nevada Law on this, here it is again, https://www.leg.state.nv.us/nrs/NRS-080.html#NRS080Sec012 and run your situation against the list, (where it says "NRS 80.015  Activities not constituting doing business."

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Reno is a city, Corporate law is state law

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Oh, I see the typo now No meant simply registering with NV Secretary of state, if, again, it appears that you do not fall into one of the activities listed as NOT doing business there.

...

Some states (such as CA) would say anyone with a payroll in CA is doing business there, but again, Nevada only lists what specifically is NOT doing business there.

...

What does your business do? Are there any sales to NV residents?

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Customer reply replied 10 months ago
We are a market research company, registered in Washington State and doing business in both Washington and California. Our CEO wanted to live in Reno and needed some assistance here so we have an employee here. We do not have any clients in Nevada and we sell anything to residents of Nevada.

Then, as long as you don't have any physical presence such as a branch office, you're not doing business for state registration purposes.

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You only obligation is the MBT.

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The MBT rate is 1.17%. However, the MBT is assessed for a given calendar quarter only if taxable wages for that quarter exceed $62,500, as follows:

  • taxable wages for a calendar quarter are $62,500 or less = no MBT due; and
  • taxable wages for a calendar quarter are more than $62,500 = $312.50 plus 1.17% tax on amount that wages exceed $62,500.
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Customer reply replied 10 months ago
Just to be clear -- our CEO has a home office and also from time to time rents an office at the Regent Office. This doesn't count as a branch office, I hope.

I would agree. The home office simply relates to your having employees IN NV. The virtual office space is not a fixed place of business.

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Further, this is likely specifically exempted under the statute I showed you: (NRS 80.01(b))

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"Holding meetings of the board of directors or stockholders or carrying on other activities concerning internal corporate affair" is specifically exempted.

Lane
Lane, JD, CFP, MBA, CRPS
Category: Business Law
Satisfied Customers: 14,644
Experience: JD (Law Degree), CFP, Master's Degree, Finance & 30 years experience providing business advice
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Lane and 87 other Business Law Specialists are ready to help you
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Customer reply replied 10 months ago
Thank you. I will request you when I have Nevada legal questions.
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