Wednesday, June 30, 2010

Impacts on the process for withholding and reporting by foreign intermediaries with respect to their payment and receipt of substitute dividend paymen

May 20, 2010, the IRS published Notice 2010-46, 2010-24 IRB 1, which impacts on the process for withholding and reporting by foreign intermediaries with respect to their payment and receipt of substitute dividend payments on underlying U.S. Securities. Among its' provisions, Notice 2010-46 revokes Notice 97-66, 1997-2 C.B. 328, effective for substitute dividend payments made after September 13, 2010. Following such date, the approcach described in Notice 97-66 for addressing cascading withholding on U.S. source substitute dividends is replaced with revised documentation, withholding and reporting procedures and requirements described in Section II (Proposed Withholding and Reporting Framework) and Section III (Transition Rule) of the notice.

To read more!
Impacts on the process for withholding and reporting by foreign intermediaries with respect to their payment and receipt of substitute dividend payments on underlying U.S. Securities!
Source: InfoTaxSquare Business Documents Filing In All Fifty States!

State of Alaska Biennial Report – Online Filing

To file Biennial reports for Profit Corporations, Professional Corporations, Limited Liability Companies and Limited Liability Partnerships: Biennial Reports in the state of Alaska are due by January 2nd, reports marked after February 1st incurs late fee penalties. If you initially filed/registered in an even numbered year the Biennial Report will be due in January of every even numbered year. If you initially filed in an odd numbered year the Biennial Report will be due in January of every odd numbered year.

Non Profit Corporations, Cooperatives and Religious Corporations: Biennial Reports are due by July 2nd, reports post marked after August 1st incur late fee penalties. If you initially filed/registered in an even numbered year the Biennial Report will be due in July of every even numbered year. If you initially filed in an odd numbered year the Biennial Report will be due in July of every odd numbered year.

Click on the link below to file your Biennial Report online, this is a step-by step process to follow. Repeat for each Biennial Report due


To read more! State of Alaska Biennial Report – Online Filing Source: InfoTaxSquare Business Documents Filing In All Fifty States!

IRS Provides Tax Help, Guidance to Gulf Oil Spill Victims; Special Assistance Day Planned for July 17

WASHINGTON –– The Internal Revenue Service today provided guidance to individuals and businesses affected by the oil spill in the Gulf of Mexico and announced a number of new efforts to help affected taxpayers, including a special Gulf Coast Assistance Day on July 17.

“This is a very difficult time for many people affected by the oil spill in the Gulf of Mexico. As residents of the region cope with the evolving situation, I want to assure them that the IRS will be doing everything it can to provide tax help to those who need it,” IRS Commissioner Doug Shulman said. “We encourage anyone who has an issue with the IRS to contact us and explain their hardship, and we will work with them to find a solution. We’ll do everything we can under current law to help taxpayers.”

The guidance released today is based on current law, and it explains how recipients of payments from BP should treat the payments for tax purposes. According to the current law, BP payments for lost income are taxable in the same way that the wages or business income these payments are replacing would have been. The law treats compensation for lost wages or income differently for tax purposes than compensation for physical injuries or property loss, which generally are nontaxable.

Every person can have unique financial circumstances, so the IRS encourages taxpayers to review their tax situation or talk with their tax preparers about the implications of payments or compensation from the oil spill.

The IRS is closely monitoring the situation in the Gulf, and additional information will be added to IRS.gov as it becomes available.

To help people in the Gulf Coast area dealing with tax issues, the IRS also announced a special assistance day on July 17 in seven cities. Taxpayers and tax preparers will be able to work directly with IRS employees to resolve tax issues, including specific topics related to the oil spill. The IRS will hold the Gulf Coast Assistance Day in four states:

* Alabama: Mobile.
* Florida: Panama City and Pensacola.
* Louisiana: New Orleans, Houma and Baton Rouge.
* Mississippi: Gulfport.

Times and specific locations will soon be announced and will be available on IRS.gov.

In addition, taxpayers with problems related to the Gulf spill will soon be able to reach IRS personnel through an IRS toll-free telephone line. Specially trained IRS personnel will be available to help people with tax questions related to the oil spill. More information will be available soon about this telephone line.

The IRS encourages taxpayers in the Gulf struggling with payment or collection issues to contact the agency. The IRS continues to have a number of ways to help taxpayers dealing with oil spill issues or other economic hardship issues, including:

* Assistance of the Taxpayer Advocate Service for those taxpayers experiencing particular hardship navigating the IRS.
* Postponement of collection actions in certain hardship cases.
* Added flexibility for missed payments on installment agreements and offers in compromise for previously compliant individuals having difficulty paying.
* IRS employees will be permitted to consider a taxpayer’s current income and potential for future income when negotiating an offer in compromise.
* Accelerated levy releases for taxpayers facing economic hardship.

To read more! IRS Provides Tax Help, Guidance to Gulf Oil Spill Victims; Special Assistance Day Planned for July 17 Source: InfoTaxSquare Business Documents Filing In All Fifty States!

Monday, June 28, 2010

NYS Department of Taxation and Finance- Excise Tax on Cigarettes to increase on July 1, 2010 Cigarette floor tax returns must be filed by September 20

Retail dealers, wholesale dealers, and cigarette stamping agents must pay the increased tax on all stamped packs of cigarettes and UN affixed tax stamps in their possession as of the close of business June 30, 2010.

To comply with the new requirements:

• Dealers and agents must take a physical inventory of all stamped packs of cigarettes on hand as of the close of business June 30, 2010.
• Agents must also take a physical inventory of all UN affixed cigarette tax stamps and UN stamped packs of cigarettes on hand as of this date.
• Dealers and agents must file a cigarette floor tax return by September 20, 2010, and pay a cigarette floor tax. Cigarette excise tax increase (effective July 1, 2010)

Inventory:

Retail dealers, wholesale dealers, and stamping agents, please note:

• If you store or sell cigarettes at more than one business location, you must keep the original inventory report at each location for inspection.
• You must keep all records of the physical inventory used to arrive at the cigarette floor tax due. You will have to produce these records if you are audited by the Tax department.
• You must take your own inventory. You may not rely on the random inventory counts made by Tax Department personnel.

Vending machines:

If you operate cigarette vending machines, it may not be possible for you to conduct a complete physical inventory as of the close of business June 30, 2010. You may calculate your Inventory in the following way:

• Take a physical inventory of as many locations as you can with your available personnel.
• For vending machines that cannot be inventoried as of June 30, 2010, calculate your inventory at one half the machine’s normal fill capacity.
• Base the machine’s normal fill capacity on its individual inventory records.

If you are an agent, you must also calculate the floor tax due on UN affixed cigarette tax stamps and indicate the quantity of unstamped packs of cigarettes possessed as of the June 30, 2010, inventory.

Multiple locations:

If you are a retail dealer, wholesale dealer, or cigarette stamping agent who stores or sells cigarettes at more than one location:

• File one consolidated cigarette floor tax return including inventory from all locations.
• Report the inventory of stamped packs of cigarettes at each separate location.

Payment:

You must pay the entire amount due when you file Form CG-11 on or before September 20, 2010.

Penalties and interest:

Retail dealers, wholesale dealers, and cigarette stamping agents who are subject to the cigarette floor tax must file a return and pay the tax due by September 20, 2010. Failure to file a cigarette floor tax return or to pay the appropriate tax due by the due date:

• Will subject you to the imposition of interest and civil penalties under Article 20 of the tax Law, and
• May result in criminal penalties under Article 37 of the Tax Law.

Amount of penalties:

Cigarette stamping agents – Penalties imposed on agents are based on the period of time for which a return remains UN filed or the tax remains unpaid.

To read more! NYS Department of Taxation and Finance- Excise Tax on Cigarettes to increase on July 1, 2010 Cigarette floor tax returns must be filed by September 20, 2010! Source: InfoTaxSquare Business Documents Filing In All Fifty States!

Wednesday, June 23, 2010

Who Must File Florida's Corporate Income Tax?

Corporations and artificial entities that conduct business, or earn or receive income in Florida, including out-of-state corporations, must file a Florida corporate income tax return unless exempt. They must file a return, even if no tax is due.

Sole proprietorships, individuals, estates of decedents, and testamentary trusts are exempted and do not have to file a return.

Corporations and other artificial entities, including those located in other states, that are partners in a partnership or members of a joint venture doing business in Florida must file the Corporate Income/Franchise and Emergency Excise Tax Return. A partnership must file a Florida Partnership Information Return if it is doing business in Florida and a corporation is one of the partners.

To read more! Who Must File Florida's Corporate Income Tax? Source: InfoTaxSquare Business Documents Filing In All Fifty States!

Due date to file Annual Report for state of Kentucky!

All business entities must submit the Annual Reports in the state of Kentucky between January 1, xxxx to June 30, xxxx. Business entities should receive their annual report postcard no later than March 1, xxxx. If you wish to file today, you can do so by filing online.

To read more! Due date to file Annual Report for state of Kentucky! Source: InfoTaxSquare Business Documents Filing In All Fifty States!

Will registration with my market states make me liable for any past sales tax?

Registration alone does not make you liable for past uncollected sales tax assuming you did not have a business presence in the state or collect tax on the state's behalf. If you had a business presence in the state, you are liable for past taxes. If you have a past tax liability in your market states, you should make a voluntary disclosure. Contact the revenue agency in each of your market states for more details.

To read more! Will registration with my market states make me liable for any past sales tax? Source: InfoTaxSquare Business Documents Filing In All Fifty States!

What happens if I do not register sales tax voluntarily?

The member states exchange information on businesses and their interstate transactions. If you make sales into a member state and do not register, that state could audit you. If your business presence is established in any other member states, you may be liable for all unpaid taxes, penalties, and interest. If you do not have a business presence in a state and do not voluntarily register to collect the tax, your customers could be billed for the use tax, penalty, and interest on their purchases.

To read more! What happens if I do not register sales tax voluntarily? Source: InfoTaxSquare Business Documents Filing In All Fifty States!

Why should I register to collect sales tax for another state?

When a state revenue agency discovers your customer’s untaxed purchase, it will bill the customer for the use tax, penalty, and interest. Use tax is also due when the purchaser pays sales tax, but the item is brought into a state with a higher rate. For example, if you charge sales tax at Florida’s rate, but the customer lives in a state with a higher rate, that state can bill your customer for the difference.

When your customer receives a bill, a dispute could arise over whose responsibility it is to collect the tax. Even though you may not be technically liable, you provide a service to your customers when you voluntarily register and collect tax. They do not have to worry about paying tax to the other state.

To read more! Why should I register to collect sales tax for another state? Source: InfoTaxSquare Business Documents Filing In All Fifty States!

How are out-of-state sales tracked?

The Southeastern Association of Tax Administrators (SEATA) exchanges information to help ensure transactions are taxed fairly across state boundaries. Member states collect and exchange audited sales and purchases information for other member states. Customers who are identified through audit verification will be billed for use tax, penalties, and interest.

The SEATA member states are: Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, Virginia, and West Virginia.

To read more! How are out-of-state sales tracked? Source: InfoTaxSquare Business Documents Filing In All Fifty States!

Florida businesses: Do you have out-of-state customers?

If you have a business presence in a state, you must register with that state for tax purposes. Examples of business presence (sometimes referred to as nexus) include:

· Owning property in that state.
· Making regular deliveries of your merchandise.
· Providing repair services.
· Sending your representatives to solicit orders.
If you sell items to customers in another state, but do not have nexus, you do not have to collect sales tax on the items you sell to them. However, your customers are responsible for paying use tax on the items when they receive them.

We encourage businesses to voluntarily register with their market states to collect sales tax from out-of-state customers. If you voluntarily register to collect tax, you can help prevent your customers from receiving a bill from another state for use tax, penalty, and interest.

To read more! Florida businesses: Do you have out-of-state customers? Source: InfoTaxSquare Business Documents Filing In All Fifty States!

What is an Apostille certification?

In 1961 many nations joined together to create a simplified method of "legalizing" documents for universal recognition in each other's countries. Members of the conference, referred to as the Hague Convention Abolishing the Requirement for Legalization of Foreign Public Documents (33 U.S.T 883), adopted a document referred to as an Apostille that would be recognized by all member nations.
Documents sent to member nations, completed with an Apostille at the state level, may be submitted directly to the member nation without further action.
Documents sent to non-member nations requiring a Certification of the signature of the state's public official at the state level, will need to be transmitted to the Office of Authentications of the U.S. Department of State in Washington, D.C. for the authentication of the State Official's signature if requested by the receiving country.


To read more! What is an Apostille certification? Source: InfoTaxSquare Business Documents Filing In All Fifty States!

Tuesday, June 22, 2010

Quick Reference Guide for Taxable and Non Taxable (Exempt Property) and Services in the State of New York!

Sales of tangible personal property are subject to New York sales tax unless they are specifically exempt.

Sales of services are generally exempt from New York sales tax unless they are specifically taxable.

This bulletin describes:

• Taxable property and services,
• Exempt property and services, and
• Exemption documents.

Tangible personal property and services

Whether sales of a particular good or service are taxable may depend on many factors. You should consult our publications and tax bulletins for more detailed explanations of what property and services are subject to sales tax. See the listing below for examples of taxable tangible personal property and services.
The term tangible personal property means any kind of physical personal property that has a material existence and is perceptible to the human senses (in other words, something you can see and touch).

Examples of taxable tangible personal property, services, and transactions that are subject to sales tax are:

• Tangible personal property:
◦ Furniture, appliances, and light fixtures;
◦ Certain clothing and footwear;
◦ Machinery and equipment, parts, tools, and supplies;
◦ Computers;
◦ prewritten (canned/off-the-shelf/standard) computer software (whether transferred by CD-ROM, Internet download, remote access, etc.);
◦ Motor vehicles;
◦ Boats and yachts;
◦ Fuels (for example, gasoline, diesel fuel, and kero-jet fuel);
◦ Candy and confections;
◦ bottled water;
◦ Soda and beer;
◦ Cigarettes and tobacco products;
◦ Cosmetics and toiletries;
◦ Jewelry;
◦ Artistic items such as sketches, paintings, and photographs;
◦ Animals (for example, dogs, cats, or pet birds);
◦ Food and supplies for animals; TB-ST-740 (6/10)
◦ trees, shrubs, and seeds;
◦ Coins and other monetary items, when purchased for purposes other than for use as a medium of exchange;
◦ Building materials; and
◦ prepaid telephone calling cards.
• Restaurant food and drink;
• Utility and (intrastate) telecommunication services;
• Telephone answering services;
• prepaid telephone calling services;
• Mobile telecommunication services;
• Certain information services;
• processing, fabricating, printing, or imprinting of tangible personal property for a customer who furnishes the tangible personal property and doesn’t plan to resell it;
• maintaining, installing, servicing, and repairing of tangible personal property;
• storing tangible personal property (does not include certain rentals of mini-storage units that constitute the rental of real property - see TSB-M-86(3)S, Taxable Status of the Rental of Self-Service Mini-Storage Units);
• maintaining, servicing, and repairing real property;
• Certain parking and garaging or storing of motor vehicles;
• Interior decorating and design services;
• Protective and detective services;
• Passenger transportation services with a driver using limousines, black cars, and certain other motor vehicles (not including taxi and bus services - see TSB-M-09(7)S, Additional Guidance Relating to the Sales Tax on Certain Transportation Services);
• furnishing or providing entertainment or information by telephony or telegraphy or by telephone or telegraph service, provided, for example, over phone numbers with an 800 or 900 prefix;
• Hotel occupancy;
• Admission charges to a place of amusement;
• Social and athletic club dues; and
• Certain portions of cabaret charges.

Services subject only to New York City sales tax are:

• Beautician services, barbering, and hair restoring;
• Tanning;
• Manicure and pedicure;
• Electrolysis;
• massage services and services provided by weight control and health salons, gymnasiums, Turkish and sauna baths, and similar establishments;
• Written or oral credit rating services; and
• Oral credit reporting services not delivered by telephone.

Tax exempt property and services

The chart below lists property and services that are generally exempt from sales tax. It also lists:
• Tax Law sections that provide the exemption;
• Department publications, bulletins, and technical memoranda (TSB-Ms) that are relevant to the exemption; and
• Exemption documents, if any, that the customer must give to the seller for the sale to be treated as exempt from tax. TB-ST-740 (6/10)

You should not collect sales tax on exempt sales that do not require an exemption document. However, for sales that require an exemption document, you must collect sales tax unless you receive a properly completed exemption document from the purchaser. You must receive the exemption document within 90 days of the date you delivered the property or rendered the service.
Sales to New York State, its political subdivisions, and to the federal government are also exempt from sales tax. In these cases, you should receive a government purchase order or other suitable documentation, such as Form ST-129, Exemption Certificate - Tax on occupancy of hotel rooms. The general exemption for sales to New York State, its political subdivisions, and to the federal government does not apply to sales of motor fuel or diesel motor fuel that is not used or consumed by the governmental entity (see section 1116(b)(5) of the Tax Law).
See Tax Bulletin, Exemption Certificates for Sales Tax (TB-ST-240).

Note: A Tax Bulletin is an informational document designed to provide general guidance in simplified language on a topic of interest to taxpayers. They are accurate as of the date issued. However, taxpayers should be aware that subsequent changes in the Tax Law or its interpretation may affect the accuracy of a Tax Bulletin. TB-ST-740 (6/10) Page 7 of 7 1 Special rules apply to contractors who provide maintenance and other services to real property. For more information, see Publication 862, Sales and Use Tax Classifications of Capital Improvements and Repairs to Real Property.

To read more! Quick Reference Guide for Taxable and Non Taxable (Exempt Property) and Services in the State of New York! Source: InfoTaxSquare Business Documents Filing In All Fifty States!

How to determine New York Non-Resident Income Tax?

Tax Law §631(a)(1) provides that the New York adjusted gross income of a nonresident individual shall include, among other items, the sum of the net amount of items of income, gain, loss, and deduction entering into his or her federal adjusted gross income, as defined in the laws of the United States for the taxable year, derived from or connected with New York sources.

The New York adjusted gross income of a nonresident individual rendering personal services as an employee includes the compensation for personal services entering into his Federal adjusted gross income, but only if, and to the extent that, his services were rendered within New York State. 20 NYCRR 132.4(b). Not all payments made by an employer to an employee constitute remuneration for services performed by an employee. For example, royalties paid by a business for the license of a patent held by an employee do not constitute wages if the license contract is separate and distinct from the employment contract. Rev Ruling 68-499, 1968-2 C.B. 421. Further, not all scholarly research performed by an academician is required by or for the benefit of the academician’s employer. Since Mr. x research was not required by or for the benefit of University, as evidenced by the University’s lack of a legal claim to the intellectual property created by Petitioner’s research, the royalties Petitioner received from University did not arise from an employment relationship. Consequently, the payments did not constitute remuneration for services performed by an employee.


Items of income, gain, loss and deduction "derived from or connected with New York sources" include those that are attributable to a business, trade, profession or occupation carried on in New York or income from intangible personal property to the extent that such income is from property employed in a business, trade, profession, or occupation carried on in New York (see Tax Law §631[b][1][B] and [b][2]). A business, trade, profession, or occupation is carried on within New York State by a person who occupies, has, maintains or operates desk space, an office, a shop, a store, a warehouse, a factory, an agency or other place where such person’s affairs are systematically and regularly carried on. 20 NYCRR 132.4. A taxpayer may enter into transactions for profit within New York State and yet not be engaged in a trade or business within New York State. Id. Mr. X performance of research science in the State did not constitute the conduct of a profession in the State; therefore, the assignment of the patent resulting from his research was not attributable to a profession carried in New York. Nor did Mr. X, after he became a nonresident, “[employ] in a business, trade, profession, or occupation carried on in” New York the intangible property that entitled him to royalty payments. Accordingly, the royalty payments that accrued to him after he became a nonresident were not New York source income.



NYS-Is Towing Service Subject To Sales Tax?

The service of towing disabled or inoperative motor vehicles is subject to sales tax, regardless of whether the towing provider itself performs repairs on the vehicles it tows. Transportation of motor vehicles, heavy equipment, and other tangible personal property provided by common or contract carriers is not an enumerated service subject to the sales tax.

The towing of an inoperative or disabled vehicle or equipment, either by tow truck or flatbed, so that repair or maintenance services may be performed on that vehicle or equipment is considered a constituent part of the maintenance service subject to tax pursuant to section 1105(c)(3) of the Tax Law. The charge for the towing service, whether or not separately invoiced, and whether or not separately stated on a bill or invoice to the customer for repair or maintenance, is subject to sales tax under section 1105(c)(3).

Recovery services related to a motor vehicle’s or equipment’s ability to operate properly (e.g., dislodging a vehicle and returning it to the roadway, or removing a disabled vehicle from the roadway) are activities that are related to keeping the motor vehicle or equipment in a condition of fitness, efficiency, readiness, or safety, and therefore constitute repair or maintenance services to the vehicle or equipment. Charges for these services are also subject to sales tax. See section 1105(c)(3) of the Tax Law and section 527.5(a)(3) of the Sales and Use Tax Regulations. It is immaterial whether such services are provided by tow truck or flatbed.


If Mr. X has provided towing service that is subject to tax and its customer is claiming exemption from sales tax, the customer must provide Mr. X with an appropriate and properly- completed exemption document. For example, if the customer’s vehicle is used exclusively by the customer for rental purposes, the customer may provide Mr. X with a properly completed Resale Certificate (Form ST-120) in lieu of paying sales tax on the charges for towing. If the customer’s vehicle or equipment is used directly and predominantly in the production of tangible personal property for sale, Petitioner’s towing service will be exempt from sales tax under section 1105-B(b) of the Tax Law. The customer in that case should provide Mr. X with a properly completed Exempt Use Certificate (Form ST-121) in lieu of paying sales tax on the charges for towing. If the customer’s vehicle or equipment is a tractor trailer or semi trailer of which the gross vehicle weight exceeds 26,000 pounds, the towing services will be exempt under section 1115(g) of the Tax Law. The customer in that case should provide Petitioner a properly completed Exemption Certificate for Tractors, Trailers, Semi trailers, or Omnibuses (Form ST-121.1).



Opinion

In general, charges for the service of towing disabled and inoperative vehicles are subject to sales tax. Charges for the transportation of property, except to the extent that the charge for a transportation or delivery service is part of a vendor’s receipt from the sale of taxable property or services, are not subject to sales tax. See sections 526.5(g)(1) and 526.5(g)(3) of the Sales and Use Tax Regulations.

The service of transporting property from one location to another is generally not a service upon which sales tax is imposed. The transportation of a vehicle or equipment (including as an automobile transporter) from one location to another by Mr. x as a private or common carrier of goods (i.e., transportation subject to regulation pursuant to Transportation Law section 2.8 and Article 8 of the Transportation Law), if not otherwise provided in conjunction with the sale of, or repair, maintenance or storage services to, the transported property (e.g.; Petitioner is merely flat bedding a classic car to or from a car show, transporting a forklift from one customer facility to another, or transporting a repossessed vehicle), constitutes a nontaxable transportation service. Thus, when Petitioner is providing transportation of vehicles (capable of being operated) or equipment pursuant to its Department of Transportation (DOT) certificate and ICC permit as a common carrier or contract carrier of goods by motor vehicle, its charges for such transportation services are not subject to tax.

However, receipts subject to tax includes any charge by the vendor to the purchaser for shipping or delivery regardless of whether such charges are separately stated (see Tax Law section 1101(b)(3)). Accordingly, the charges by a vendor for towing or transportation whether by common carrier, contract carrier or otherwise are subject to sales tax when the towing or transportation relates to the shipping or delivery of the property (including property upon which taxable services were performed) by the vendor to its customer.

Generally, the rate of tax to be collected is determined by the location where the vehicle or other equipment that was the subject of the tow is delivered to the customer (i.e., the vehicle’s owner, operator, etc.) or the customer’s designee. If the charges for the towing service are billed to the vehicle’s owner, operator, etc. by the vendor who performed maintenance services upon the towed vehicle, or sold and installed property in or on the vehicle (e.g., batteries, tires, hoses, belts, etc.), the rate of tax is determined by the location where that vendor delivers the repaired vehicle to the customer upon completion of the maintenance and repair, installation of the property sold, or other taxable sales and services.

To read more! NYS-Is Towing Service Subject To Sales Tax? Source: InfoTaxSquare Business Documents Filing In All Fifty States!

State of Washington: Renew licenses for Corporation or LLC to avoid late filing penalties!

Corporations and Limited Liability Companies renew annually. Master License Service sends a renewal notice to the licensees’ registered agent approximately 45 days before their license expires. It is the licensee’s responsibility to renew on time whether the renewal form is received or not.

The Corporation or Limited Liability Company (LLC) renewal is provided by the Department of Licensing as a renewal agent for the Office of the Secretary of State.

How to renew?

You may file for renewal by using one of the following options:

File online using a MasterCard, Visa, or American Express credit or debit card (gift cards cannot be used).
You will need the original renewal notice with the company’s UBI number and the password.
You will be limited to 25 governing persons (officers, directors, members, managers, or trustees) when using the online option. You must file on paper if the company has more than 25 governing persons.
Note: The unavailability of the online renewal system is not grounds for an extension to the filing deadlines.

Complete your paper Corporation or Limited Liability Company Renewal and mail.

Filing deadlines

To avoid late renewal penalties, renew your license on or before the expiration date, as determined in the Pacific Time Zone.

To read more! State of Washington: Renew licenses for Corporation or LLC to avoid late filing penalties! Source: InfoTaxSquare Business Documents Filing In All Fifty States!

Monday, June 21, 2010

The Internal Revenue Service is providing administrative relief for sponsors of defined contribution plans, such as section 401(k) plans!

WASHINGTON — The Internal Revenue Service is providing administrative relief for sponsors of defined contribution plans, such as section 401(k) plans, that were affected by the storms and other severe weather in those counties in Alabama, Connecticut, Massachusetts, Mississippi, New Jersey, Rhode Island, Tennessee and West Virginia declared Presidential Disaster Areas during the period from March 1 through May 31, 2010.


Notice 2010-48 administratively extends to July 30, 2010, the April 30 deadline for restating affected pre-approved defined contribution plans and, if applicable, for submitting determination letters to the IRS, to July 30, 2010. The section 401(b) remedial amendment period for these retirement plans is also extended to July 30.


The relief provided by this notice is in addition to the statutory relief already provided by the IRS, under section 7508A of the Internal Revenue Code, to taxpayers affected by the federally declared disasters in these eight states during the period from March through May 2010.


The notice details the scope of the relief provided by this administrative action and further defines the conditions under which a plan qualifies as an affected plan. A plan is an “affected plan” only if any of the following locations relating to the plan were in the federally declared disaster areas at the time of the disasters:

The principal place of business of the employer that maintains the plan;
The principal place of business of the employer that employs more than 50 percent of the active participants covered by the plan;
The office of the plan or the plan administrator;
The office of the primary record keeper serving the plan; or
The office of any advisor that had been retained by the plan or the employer at the time of the storms or other severe weather that is directly involved with the adoption of the plan or the submission of a determination letter application to the IRS.
This relief applies to the following disaster situations:
Connecticut victims of March 2010 severe storms and flooding. See, News Release CT-2010-35, June 1, 2010.
Tennessee victims of April-May 2010 severe storms and flooding. See, News Release AL/TN-2010-56T, May 5, 2010.
Alabama victims of April 2010 severe storms and flooding. See, News Release AL/TN-2010-55A, May 4, 2010.
Mississippi victims of April 2010 severe storms, tornadoes and flooding. See, News Release LA/MS-2010-21, April 30, 2010.
New Jersey victims of March 2010 storms and flooding. See, News Release NJ-2010-32, April 5, 2010.
Massachusetts victims of March storms and flooding. See, News Release MA-2010-15, March 31, 2010.
Rhode Island victims of March storms and flooding. See, News Release RI-2010-11, March 31, 2010.
West Virginia victims of March storms and flooding. See, News Release WVA-2010-12, March 31, 2010.

To read more! The Internal Revenue Service is providing administrative relief for sponsors of defined contribution plans, such as section 401(k) plans! Source: InfoTaxSquare Business Documents Filing In All Fifty States!

Consent of the New York City Commissioner of Finance Now Required for Corporate Certificates of Dissolution

ALBANY, N.Y- The Business Corporation Law and Not-for-Profit Corporation Law have been amended regarding the procedures for filing Certificates of Dissolution with the Department of State. All Certificates of Dissolution for corporations that have done business in the City of New York and incurred tax liability under Chapters 6-8, 10-15, 21, 24-25 or 27 of Title 11 of the Administrative Code of the City of New York, must include the written consent of the New York City Commissioner of Finance. These changes are effective October 1, 2009.

To read more! Consent of the New York City Commissioner of Finance Now Required for Corporate Certificates of Dissolution Source: InfoTaxSquare Business Documents Filing In All Fifty States!

File Certificate of Dissolution For The State of WA

As a result of the approval of Substitute House Bill 2657 by the 2010 legislature, there will be new options available for LLC's who wish to cancel their registration with the Secretary of State (SOS), effective June 10, 2010:

Domestic LLCs no longer file a certificate of cancellation – they must file a "Certificate of Dissolution" to dissolve the entity.
Domestic LLC's can revoke their certificate of dissolution within 120 days by filing a "Revocation of Certificate of Dissolution" with SOS.
Foreign LLCs will still file a "Certificate of Cancellation" to cancel their certificate of authority.

To read more! File Certificate of Dissolution For The State of WA Source: InfoTaxSquare Business Documents Filing In All Fifty States!

IRS- Small Firms May Now Begin Applying For Certification For Tax Credits or Grants Available Under The Qualifying Therapeutic Discovery Project Prog

WASHINGTON – The Internal Revenue Service today announced that small firms may now begin applying for certification for tax credits or grants available under the Qualifying Therapeutic Discovery Project Program, created by the Affordable Care Act.

These credits or grants are available for projects that show significant potential to produce new cost-saving therapies, create U.S. jobs, and increase U.S. competitiveness.

Form 8942, Application for Certification of Qualified Investments Eligible for Credits and Grants under the Qualifying Therapeutic Discovery Project Program, and its instructions are now available. Companies may submit applications for certification beginning today. Applications must be postmarked no later than July 21, 2010.

“This new tax credit was designed to promote medical research that could improve health and save lives," IRS Commissioner Doug Shulman said. "I encourage companies that are involved in this groundbreaking type of work to apply."

The qualifying therapeutic discovery project program is targeted to projects that show potential to produce new therapies, reduce long-term health care costs, or significantly advance the goal of curing cancer within the next 30 years.

The credit or grant covers up to 50 percent of the cost of qualifying biomedical research, up to a maximum credit of $5 million per firm and $1 billion overall, and is only available to firms with no more than 250 employees. Credits and grants are available for investments made in 2009 and 2010.

As part of the review process for research projects, the Department of Health and Human Services (HHS) will evaluate each project for its potential to produce new therapies, reduce long-term health care costs or cure cancer within 30 years. Only projects that show a reasonable potential to meet these goals will be certified as eligible for the credit or grant.

The IRS will issue certifications by the end of October, based on the determinations made by HHS.

To read more! IRS- Small Firms May Now Begin Applying For Certification For Tax Credits or Grants Available Under The Qualifying Therapeutic Discovery Project Program Source: InfoTaxSquare Business Documents Filing In All Fifty States!

New York- Qualified Empire Zone Enterprise (QEZE) real property tax credit (RPTC)

State of New York Commissioner of Taxation and Finance issued an advisory to claim the Qualified Empire Zone Enterprise (QEZE) real property tax credit (RPTC) for the period of time during which it was decertified as an empire zone business in 2009, pursuant to Part S-1 of Chapter 57 of the Laws of 2009, despite the successful appeal of the decertification.

An entity must be certified under Article 18-B of the GML to claim empire zones or QEZE tax credits. Part S-1 of Chapter 57 of the Laws of 2009 amended section 959(w) of the GML to require the Commissioner of Economic Development to reevaluate in 2009 all certified businesses in the program. Businesses that had filed at least three business annual reports and failed to meet the new certification criteria in sections 959(a)(v)(5) and (6) of the GML were required to be decertified for taxable years beginning on or after January 1, 2008. Businesses that were not in violation of the new certification criteria were issued a retention certificate to submit with their tax returns for taxable years beginning on or after January 1, 2008.

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Automatic Revocation for Not Filing Annual Return or Notice

Most tax-exempt organizations, other than churches, must file a yearly report or notice with the IRS. If an organization does not file as required for three consecutive years, the law provides that it automatically loses its tax-exempt status. Loss of exempt status means an organization must file income tax returns and pay income tax, and its contributors will not be able to deduct their donations.

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Affordable Care Act Provides Expanded Tax Benefit to Health Professionals Working in Underserved Areas

WASHINGTON — As part of a larger Administration announcement on efforts to strengthen the health care workforce, the Internal Revenue Service today announced that under the Affordable Care Act health care professionals who received student loan relief under state programs that reward those who work in underserved communities may qualify for refunds on their 2009 federal income tax returns as well as an annual tax cut going forward.

“Doctors and nurses who choose to practice in underserved areas make a great contribution to their local communities,” Commissioner Doug Shulman said. “By expanding the tax exclusion for student loan forgiveness, the Affordable Care Act provides an even greater incentive to practice medicine in areas that need it most.”

The Affordable Care Act included a change in the law, effective in 2009 that expands tax exclusion for amounts received by health professionals under loan repayment and forgiveness programs. Prior to the new law, only amounts received under the National Health Service Corps Loan Repayment Program or certain state loan repayment programs eligible for funding under the Public Health Service Act qualified for tax exclusion.

The Affordable Care Act expands this tax exclusion to include any state loan repayment or loan forgiveness programs intended to increase the availability of health care services in underserved areas or health professional shortage areas and makes this exclusion retroactive to the 2009 tax year.

Health care professionals participating in these programs who have reported income from repaid or forgiven loan amounts on their 2009 returns, possibly after receiving a Form W-2, Wage and Tax Statement, or Form 1099, may be due refunds. Those who believe they qualify for this relief may want to consult their state loan program offices to determine whether the program is covered by the new law.

Health care professionals who have not yet filed for 2009 need not report eligible loan repayment or forgiveness amounts when they file. Those who have already filed may exclude eligible amounts by filing Form 1040X, Individuals filing Form 1040X to claim this exclusion should write “Excluded student loan amount under 2010 Health Care Act” in the Explanation of Changes box.

Health care professionals may request an employer or other issuer to provide a Form W-2c, Corrected Wage and Tax Statement, or 1099 and may attach the corrected form to the Form 1040X. However, the Form 1040X may also be filed without attaching a corrected form.

An individual whose employer withheld and paid taxes under the Federal Insurance Contributions Act (FICA) on payments covered under the new exclusion may request that the employer seek a refund of withheld FICA on the employee’s behalf. And because employers also pay a portion of the FICA tax, the employer also may also be entitled to a refund.

To obtain a refund, an employer should file a separate Form 941-X, Adjusted Employer's QUARTERLY Federal Tax Return or Claim for Refund, for each Form 941, Employer’s Quarterly Federal Tax Return, which needs to be corrected. An employer filing a Form 941-X is also required to file a Form W-2c for each employee who benefits from the exclusion.

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Imposes New Annual Surcharge and New Annual Tax on All Pension Income over $40,000. Initiative Statute

IMPOSES NEW ANNUAL SURCHARGE AND NEW ANNUAL TAX ON ALL PENSION INCOME OVER $40,000. INITIATIVE STATUTE. Imposes on California residents a new annual surcharge (between $5,000 and $50,750) and a new annual tax (between 20% and 60%) on all pension income, including employer-paid health insurance premiums, in excess of $40,000. May impose a one-time additional tax on non-California residents whose pension benefits earned in California in a taxable year exceeds $40,000. Potential annual state revenue increase of up to $18 billion beginning in 2012 and decreasing over time from new taxes on pension benefits. This estimate assumes the proposed excise tax is upheld by the courts. (10-0017.)

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REINSTATE A REVOKED or VOIDED BUSINESS

Businesses that fail to file annual reports may have their charter voided or authority to do business in the state conducting business. Similarly, corporations that fail to file corporation business taxes may be voided or revoked.

Should your business be revoked, voided or on the inactive list, you may reinstate it through the online reinstatement service which begins with the annual report filing.

All business types including for-profit corporations and non-profit corporations will be able to complete the entire reinstatement process. If your business is a for-profit corporation, you will be able to submit delinquent annual reports and reinstatement forms and fees online. Since all profit corporations must obtain a tax clearance certificate before reinstating, an application and instructions for requesting a tax clearance certificate will also be provided in the online session.

You will be notified of the reinstatement after the Division of Taxation issues the required tax clearance certificate.

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Indiana -Business Entity Report Filing

After a business entity has formed or been granted authority to do business in the state of Indiana, it has an ongoing responsibility to file regular business entity reports. These reports must be filed every year by nonprofit organizations and every two years by for-profit businesses. The filings are due during the anniversary month of the organization's formation or the anniversary month when granted authority to do business in the state of Indiana.

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State of Georgia -Annual Report Filing

State of Georgia-Each business entity registered or filed with the Office of Secretary of State Georgia is required to file an annual registration. The Annual Registration period is from January 1 through April 1. Renew by April 1 to avoid the late filing penalty fee.

Before proceeding, please confirm whether your entity’s registration is due for the current year. Fees paid for filing a registration are non-refundable. Entity registrations are due by April 1st of each year, but may be filed as early as January 1st.
Filing the annual registration provides a current record of an entity’s management structure, correct mailing address, and registered agent’s name and address. In addition, entities that do not timely file annual registrations, together with all required fees, may be subject to administrative dissolution or revocation of their authorization to transact business in this State.

The annual registration process is also the primary vehicle used to update entity accounts; therefore, multiple registrations may be filed during the year. In fact, an entity may update its information as many times as it wishes throughout the year simply by filing another registration and paying the applicable filing fee. However, it is important to note that multiple registrations filed [and fees paid] in any one year do not “rollover” to the next year. An entity must file an annual registration each year. Finally, it is extremely important that each entity verify its information prior to filing. Filing fees are non-refundable. Corrections can only be made by filing another annual registration. The Secretary of State does not have the statutory authority to rescind registration filings or refund fees once they have been submitted. Additionally, a person who signs a document he or she knows is false in any material respect with the intent that the document be delivered to the Secretary of State for filing shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine.

Annual Registration is required for A Corporation (Profit, Non-profit, Professional Corporation, Professional Association Annual Registration for a Limited Liability Company (LLC)

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State of Delaware-Corporate Annual Report and Franchise Tax Payments

State of Delaware-Corporate Annual Report and Franchise Tax Payments

All domestic corporations formed in Delaware are required to file an Annual Report and to pay a franchise tax. Annual Report and franchise tax due date is on or before March 1st.

Annual Reports are a mandatory to file all domestic corporations formed in Delaware.

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Michigan-Impending Dissolutions and Revocations for Profit Corporations!

- Michigan Profit Corporations - Pursuant to section 922 (1) of the Business Corporation Act, if a corporation refuses to file any annual report or pay any filing fee or a penalty fee added to the fee required by law for a period of 2 years from the date on which the annual report or filing fee was due, the corporation shall be automatically dissolved July 15, which is 60 days after the expiration date of May 15, of the 2-year period.

- Foreign Profit Corporations - Pursuant to section 922 (2) of the Business Corporation Act, If a foreign corporation neglects or refuses for 1 year to file the annual report or pay the annual filing fee for a penalty fee added to the fee required by law, its certificate of authority is subject to revocation on July 15, in accordance with section 1041, which is 60 days after the expiration date of May 15, of the 1-year period.

- Foreign Profit Corporations with total authorized shares less than previous attributable shares attributable to Michigan or 100% of the corporation's total authorized shares are attributable to Michigan may file on line.

To read more! Michigan-Impending Dissolutions and Revocations for Profit Corporations! Source: InfoTaxSquare Business Documents Filing In All Fifty States!

Annual Report Filing-Online Filing Now Available!

Anyone wanting to file a report online may access the infotaxsquare website and complete the process at their convenience, 24 hours a day, 7 days a week.

Online filing saves time and provides immediate and accurate integration of customers’ updates into the Secretary of State’s database. Filers will receive electronic confirmation when the Secretary of State’s Office approves the filing.

Most company types have an annual reporting requirement. Annual reports are important to keep the company record updated. Failure to file by the due date may result in monetary penalties as well as administrative dissolution or revocation, so this filing is very important. The requirements vary for different company types.

Corporation, Limited Partnerships, Voluntary Associations, and Business Trusts:

Report due from all active corporations, including nonprofits, limited partnerships, voluntary associations, and business trusts formed on or before dated xxxx of the previous year which have not applied for dissolution or withdrawal.
Due date is by xxxx of each year.
Report requires update of officers, members, partners, directors, addresses & agent for service of process, and other information the Secretary of State deems necessary and important.

Limited Liability Company

Report requires update of managers or members authorized to sign filings, addresses & agent of process, and other information the Secretary of State deems necessary and important.

Administrative dissolution or revocation notice may be mailed for LLCs that fail to file.
Limited Liability Partnerships

Annual Notice due from all active LLPs by dated xxx each year. Notice requests update of partners authorized to sign filings, addresses & agent of process.
Administrative dissolution or revocation notice may be mailed for LLPs that fail to file.
Unincorporated Nonprofit Associations

Please update agent of process and addresses with the Secretary of State whenever a change occurs. See form for Officer, Address & Agent Changes

To read more! Annual Report Filing-Online Filing Now Available! Source: InfoTaxSquare Business Documents Filing In All Fifty States!

Annual Filing Alert From the Florida Division of Corporations!

EFFECTIVE IMMEDIATELY! The Division of Corporations no longer has authority to waive the $400 late fee for annual reports filed after May 1st. The provision for waiver in s. 607.193(2)(b),F.S. was repealed during the 2010 Legislative Session. All business entities except non-profit corporations must pay the late fee if the annual report is filed after May 1st.

To read more! Annual Filing Alert From the Florida Division of Corporations! Source: InfoTaxSquare Business Documents Filing In All Fifty States!

New York State-Sales tax exempt organizations

Organizations that must apply:

Not-for-profit religious, charitable, educational, or other organizations (often called section 501(c)(3)) organizations)
United Nations and other international organizations
United States armed forces posts and organizations

Organizations that don't need to apply:
New York State and United States governmental entities (because they are already exempt)
Other states and political subdivisions (because they don't qualify)
Organizations that are organized and/or operated under some other New York State or federal statute that exempts them from state and/or local sales taxes

If you're granted sales tax exempt status

NYS issues Form ST-119, Exempt Organization Certificate, to you. It will contain your six-digit New York State sales tax exemption number. (Note that the nine-digit federal employer identification number issued by the Internal Revenue Service is not a sales tax exemption number.) You'll also receive Form ST-119.1, Exempt Purchase Certificate.

To make tax exempt purchases:

Complete Form ST-119.1 (This form is mailed with your exemption certificate, and is not available on our Web site. To get additional copies of this form, contact our sales tax exempt organizations unit.)
Present the completed form to the store at the time of purchase. All purchases made by an exempt organization are exempt from sales tax.
New York State and United States governmental entities that are already exempt should make exempt purchases by presenting governmental purchase orders or a letterhead.
Acceptable exempt certificate use

You may only use your exempt organization certificate to make exempt purchases on behalf of the approved organization.

An officer, member, or representative of the organization may not use the certificate to make personal purchases.
Only the organization that was issued the certificate may use it.
The exempt organization must be the purchaser and payer of record.
Misuse of your exempt organization certificate is punishable by imprisonment and a fine of up to $20,000.

To read more! New York State-Sales tax exempt organizations Source: InfoTaxSquare Business Documents Filing In All Fifty States!

Excise Tax On Tanning Services

WASHINGTON — The Internal Revenue Service today issued regulations outlining the administration of a 10-percent excise tax on indoor tanning services that goes into effect on July 1.

The regulations were published today in the Federal Register.

In general, providers of indoor tanning services will collect the tax at the time the purchaser pays for the tanning services. The provider then pays over these amounts to the government, quarterly, along with IRS Form 720, Quarterly Federal Excise Tax Return.

The tax does not apply to photo therapy services performed by a licensed medical professional on his or her premises. The regulations also provide an exception for certain physical fitness facilities that offer tanning as an incidental service to members without a separately identifiable fee.

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Sales Tax On Roaming Service In The State of New York

1. Are the roaming services excluded from New York State and local sales taxes and the telecommunications excise tax under the federal Mobile Telecommunications Sourcing Act on the ground that they are provided to a customer with a place of primary use outside New York State?

2. Alternatively, are the roaming services provided to customers of foreign mobile telecommunications carriers excluded from New York State and local sales taxes and the telecommunications excise tax as sales for resale?

Analysis

Sales of roaming services are not subject to State and local sales taxes or the telecommunications excise tax because they are provided to mobile telecommunications customers with places of primary use outside New York State. Tax Law section 1111(l), which incorporates the provisions of the federal Mobile Telecommunications Sourcing Act (4 USC § 116, et seq.) for purposes of New York State and local sales taxes, provides:

Any charge for a service or property billed by or for a mobile telecommunications customer’s home service provider shall be deemed to be provided by such mobile telecommunications customer’s home service provider.
(Charges for mobile telecommunications service that are provided or deemed to be provided by a mobile telecommunications customer’s home service provider shall be sourced to the taxing jurisdiction where the mobile telecommunications customer’s place of primary use is located, regardless of where the mobile telecommunications service originates, terminates or passes through.

A “home service provider” is a facilities-based carrier or reseller, with which the mobile telecommunications customer contracts for the provision of mobile telecommunications service.

“Mobile telecommunications customer” means either:

(A) a person or entity that contracts with a home service provider for mobile telecommunications services; or (B) if the end user of mobile telecommunications services is not the contracting party, the end user of the mobile telecommunications service, but this clause (B) applies only for the purpose of determining the place of primary use. “Mobile telecommunications customer” does not include either (a) a reseller of mobile telecommunications service; or (b) a serving carrier under an arrangement to serve a mobile telecommunications customer outside the home service provider’s licensed service area.

[T]he street address representative of where a mobile telecommunications customer’s use of the mobile telecommunication service primarily occurs, and must be

(i) the residential street address or the primary business street address of the mobile telecommunications customer and

(ii) within the licensed service area of the home service provider.

(A) Any charge for a service or property billed by or for a mobile telecommunications customer’s home service provider shall be deemed to be provided by such mobile telecommunications customer’s home service provider.
(B) Charges for mobile telecommunications service that are provided or deemed to be provided by a mobile telecommunications customer’s home service provider shall be sourced to the taxing jurisdiction where the mobile telecommunications customer’s place of primary use is located, regardless of where the mobile telecommunications service originates, terminates or passes through.

Tax Law section 186-e.1(a) contains identical provisions covering the telecommunications excise tax.

A “home service provider” is a facilities-based carrier or reseller, with which the mobile telecommunications customer contracts for the provision of mobile telecommunications service.

To read more! Sales Tax On Roaming Service In The State of New York Source: InfoTaxSquare Business Documents Filing In All Fifty States!

State of GA-Corporations, LLCs and LPs filing requirements

Georgia corporations, limited liability companies and limited partnerships are formed by filing with the Corporations Division. Some foreign (out of state) entities that do business in the state of Georgia are required to file with the Corporations Division.

To read more! State of GA-Corporations, LLCs and LPs filing requirements Source: InfoTaxSquare Business Documents Filing In All Fifty States!

Tuesday, June 8, 2010

DO NOT PUBLISH UNTIL THE COMMISSION APPROVES THE FILING.

A list of acceptable newspapers in each county will accompany the approval letter and is posted on the Commission web site. The corporation may be subject to dissolution if it fails to publish. Filing an affidavit of publication is not necessary.

All documents filed with the commission are public record. As such, all documents are opening for public inspection.

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Thursday, June 3, 2010

1099 Independent Contractor:

Working as a 1099 Contractor means you are in business for yourself as a sole proprietor or as a corporation. Your clients typically issue you a contract to work on a special project. All money paid to you is paid on an untaxed basis. It is your responsibility to file and pay the appropriate taxes directly to the IRS.
Workers considered independent contractors fill the following roles:
• Work with multiple clients.
• Pays his/her own taxes and files the required government forms.
• Social Security taxes are the sole responsibility of the independent contractor.
• Obtains his/her own benefits including workers’ compensation, disability, etc. The independent contractor is not entitled to any typical employee benefits from any government agency.
• Deducts business expenses from his/her income tax.
are several advantages to working as an Independent Contractor including:
1. Independent Contractors can offer their services to the general public instead of just one employer.
2. With multiple clients or customers, the independent contractor is free from control by any one firm.
The independent contractor is free to work the hours they choose, usually also free to work for more than one client at a time

Source www.infotaxsquare.com is providing business documents filing in all 50 states.

Wednesday, June 2, 2010

Will my Federal Tax ID or Licenses change with the filing of article of amendment?

No, if you will file article of amendment, your federal Tax ID or any Licenses associated with the previous company name will remain same. However u will need to notify the Internal Revenue Services (IRS) department and other state agencies about the change.
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