Registering an Out-of-State LLC in Wyoming
To register an out-of-state LLC in Wyoming, complete a Foreign Wyoming LLC Certificate of Authority. Obtain a Certificate of Existence/Good Standing from your LLC’s home state verifying formation and active status. A Wyoming LLC can use an out-of-state address on Secretary of State filings or when operating in other states. Wyoming has no laws against Non-WY addresses for companies.
Establishing an LLC in Wyoming
Establishing an LLC requires certain documents like articles of organization. Prepare and file articles of organization with the Wyoming Secretary of State, providing information on the existing LLC, desired name, and new registered Wyoming office address. Appoint a registered agent with a Wyoming address available during business hours to receive legal documents for the LLC.
Annual Report and License Tax
An annual report and license tax must be completed starting the second year. The fee is $60 for businesses with under $300,000 in Wyoming assets. If over $300,000, multiply assets by 0.0002 to determine tax. Submit before your registration anniversary to avoid fees or loss of good standing.
Nexus for Taxation
Wyoming’s favorable business climate and tax incentives attract out-of-state companies wanting to pay tax to enjoy Wyoming LLC benefits. But a business needs a nexus for a state to tax it. Nexus means the company’s presence in a state allows that state to levy tax on its business. So out-of-state businesses wishing to pay Wyoming taxes must create a nexus by getting a virtual office there. Online companies with no Wyoming physical presence don’t collect sales tax.
Owning Property in Another State
To register an out-of-state LLC in Wyoming, obtain a Certificate of Existence/Good Standing from your LLC’s home state. Most states provide certificates online for $0 to $50. Prepare and file articles of organization with the Wyoming Secretary of State, providing information on the existing LLC, desired name, and new registered Wyoming office address. Appoint a registered agent with a Wyoming address available during business hours to receive legal documents for the LLC.
An annual report and license tax must be completed starting the second year. The fee is $60 for businesses with under $300,000 in Wyoming assets. Submit before your registration anniversary to avoid fees or loss of good standing.
Complete a Foreign Wyoming LLC Certificate of Authority. Wyoming allows their LLC to own property in any state or country. Wyoming excludes activities like maintaining bank accounts and owning property without conducting a trade or business.
Each state treats LLCs differently. You can establish your LLC where you’ll receive more benefits like taking discounts for taxes or yearly exclusion gifts.
If a Wyoming LLC owns commercial property, a lease agreement properly drafted can require lawsuits be brought in Laramie County, Wyoming. A lawsuit to seize assets to satisfy an owner’s debt would need to be domesticated in a Wyoming court, limited to a charging order remedy.
Obtaining financing for properties owned by an LLC can present challenges like higher interest rates and limited loan options when expanding real estate investments across state lines.
Keep in mind that if your Wyoming LLC owns property in a different state, there may be local or state taxes to pay. When compared to a Delaware or New Mexico LLC, Wyoming is an attractive place to live with low sales and property taxes. Wyoming has no inventory, gross receipts, franchise, excise, or per-capita taxes.