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If you plan on conducting for-profit business through a sole proprietorship or general partnership under any name other than your own, you are required by law to file a Business Certificate (also called a Certificate of Assumed Name) in the office of the County Clerk in the county your business is located.
A Delaware LLC located and operating in New York is not removed from the burden of complying with New York State income taxes and filing requirements. Furthermore, the Delaware LLC will be subject to an additional $300 Delaware Annual Fee and must retain a Registered Agent.
A New York Foreign LLC is a limited liability company that does business in New York but originated outside of the Empire State. In order for a foreign LLC to legally conduct business in New York, it needs to submit an Application for Authority to the Department of State and pay the $250 filing fee.
(a) The term doing business is used in a comprehensive sense and includes all activities which occupy the time or labor of people for profit. Every corporation organized for profit and carrying out any of the purposes of its organization is deemed to be doing business for purposes of the tax.
Foreign LLCs are required to register with New York if they conduct business in the state.
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A domestic LLC or corporation is a business that is formed within its home (domestic) state. Foreign qualification is when a legal entity conducts business in a state or jurisdiction other than the one in which it was originally formed. (It is not to be confused with being a business in a foreign country.)
If you plan on conducting for-profit business through a sole proprietorship or general partnership under any name other than your own, you are required by law to file a Business Certificate (also called a Certificate of Assumed Name) in the office of the County Clerk in the county your business is located.
\u201cDoing business\u201d refers to the process of carrying on the normal activities of a business in another state on a regular basis or with substantial contacts \u2014 not just an occasional shipment. If this is the case for your company, then you may need to \u201cforeign qualify\u201d within that state.
The Certificate of Authority gives you the right to collect tax on your taxable sales and to issue and accept most New York State sales tax exemption certificates. Generally, the seller collects the tax from the purchaser and remits it to New York State.
For New York purposes, if your LLC is formed in another state, then it is known as a foreign LLC in New York. In other words, foreign doesn't mean from another country. Instead, it means your business was organized under the laws of another state.

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