Table Comparing Nevada and California Corporations for California Businesses

Many incorporation service companies, and even the website of the Nevada Secretary of State, publicize claims about the advantages of incorporating in Nevada. Is this accurate information or misleading hype? Knowing the answer may save you a lot of disappointment and money.

The table below provides a quick overview of the claims frequently made about the advantages of Nevada corporations, and compares these claims to California businesses that incorporate in California and to California businesses that choose to incorporate in Nevada. While California has been selected as the comparison state, many of the same consequences apply to other states as well.

Nevada's Claimed Incorporation Advantages California Corporations California Businesses Incorporated in Nevada Explanation
No Corporate Income Tax Subject to income tax on California business operations Subject to income tax on California business operations California businesses incorporated in Nevada must "qualify" to do business in California and pay income taxes on business derived from California
No Franchise Tax Subject to annual minimum franchise tax of $800 Subject to annual minimum franchise tax of $800 As above, California businesses incorporated in Nevada are subject to the same franchise tax requirements as California corporations
No Tax on Corporate Shares Same as Nevada Same as Nevada Few states, California included, impose a tax on corporate shares
Stockholders Not Public Record Same as Nevada Same as Nevada California, like most states, does not require any public disclosure of a corporation's shareholders
Principals Need Not Live in Nevada or Be U.S. Citizens Same as Nevada Same as Nevada This is true in California and most other states
Directors Need Not Be Shareholders Same as Nevada Same as Nevada This is a misleading claim by Nevada since no state requires that directors be shareholders
Stock Can Be Issued For Many Types of Assets Same as Nevada Same as Nevada Like Nevada, California permits shares to be issued for any type of property, cash, services rendered, promissory notes, accounts receivable and many other items
Minimal Reporting and Disclosure Requirements; Nominal Fees Same as Nevada, except lower fees than Nevada! Same as Nevada, except reporting and annual fees are required in both states instead of just one Both states require a periodic reporting of the names of officers and directors. However, Nevada charges an annual fee of $85. California only charges an annual fee of $25. Also, California charges a flat $100 to file articles while Nevada's fee is a minimum $175 with a maximum of $25,000 (based on the value of the authorized shares).
No IRS Information Sharing May share some info with IRS May be subject to info sharing on California operations This is also a misleading claim since California does not obtain, nor share, any information about the shareholders of a corporation. However, if an "S" corporation election is made, the corporation itself MUST disclose the names, addresses, social security numbers and ownership interests of all shareholders directly to the IRS.

If you have a California business and are thinking about incorporating in Nevada, click here to learn more about California’s strict requirements imposed on California businesses incorporated in other states.

 

 

   
   
Privacy Policy | Disclaimer/Legal