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I have an LLC for my custom software development business. It is currently registered in Virginia where I have lived for years. Now I am moving to NC because of my wifes work. Everything I do is online, and when necessary I can drive back to VA for face to face meetings.

My concern is, do I need to register my LLC in North Carolina or can I remain registered in Virginia?

I am the only employee. It is an LLC owned by my wife and I. Appreciate any information about business relocation laws.

EDIT: For those who find this question, here is what I have found in the weeks since posting this. I am going to work with a local business that will provide me office space in VA for what I have scheduled meetings (2-3 times a month). That office will serve as my official business location, I'll continue to pay VA business taxes. I did have to update various state and federal agencies to my new address, but that would have to be done even if I only moved across town. So I can remain registered in VA, even if I work most days from a house in NC.

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Will you keep an office in Virginia or a mail address? – John Bogrand May 27 '11 at 1:22
@John - I would keep a mailing address. There are plenty of locations such as partner businesses that would allow me to keep my shop there without me actually being there. I would use Virginia office space, at a minimum of once a month for already scheduled meetings, potentially more often. – Justin C May 27 '11 at 1:33
You should probably speak to an actual lawyer. – Marcin May 30 '11 at 16:19
1  
@Marcin - don't worry, I will indeed speak with lawyers as well as my CPA. I'm just hoping to find someone out there with a similar experience that might be able to offer some insights, not asking for 100% perfect legal advice. – Justin C May 30 '11 at 18:24

3 Answers

up vote 1 down vote accepted
+50

I'm not a CPA or an attorney, but i have been neck deep into this sort of stuff for the past few weeks, because i'm also looking into forming an LLC as a non-resident.

As far as i know, you can remain registered in Virginia BUT you need to appoint a registered agent with a physical address (no PO box or private mailbox) & they act on your behalf there and receives official notices like franchise tax notices, company notices of pending legal matters, etc.

The registered agent can either be a shareholder/officer from your company or you can hire one (fees from $50-$400 per year)

p.s. i've been looking into this matter for the state of Delaware, so it might be different in Virginia.

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I have an attorney in Virginia who set up my LLC's, I imagine he could serve as the registered agent. So would I pay all my taxes in VA, including personal income? – Justin C May 25 '11 at 22:52
That bit it something i'm also trying to figure out myself - If i pay myself a salary in my own LLC, do i pay the income tax from where i live or do i pay it where my company is. If you find out, please let me know, i've been trying to figure that one out for a while now :) – Tilen Krivec May 26 '11 at 0:00
I still have a couple of months before my move, so I will try to remember to come back here and update this once I have more advice, but this was the most helpful post and I wanted someone to get the points. – Justin C Jun 1 '11 at 1:15
it seems pretty similar to what you found for Delaware. Luckily I found a group that I am friendly with that is not charging me in the range you outlined. – Justin C Jun 20 '11 at 17:25
up vote 2 down vote

Why don't you call your state business offices? (both NC and VA as well as the IRS) You will get better answers than here.

After you do, post up what you found and what you plan to do.

Or just contact an accountant. It is likely they will know what to do in your situation.

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good suggestions, I am obviously using other means to find out information before the move. I just thought I would see what the community had to say, and when I didn't get much posted I figured reputation points are free so I threw up the bounty to get some attention. – Justin C May 27 '11 at 17:31
up vote 1 down vote

You should probably re-domesticate it to NC or qualify to business in NC.

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