LLC and foreign qualification (multi-state commerce)

Discussion in 'Trucker Taxes and Truck Financing' started by Phillosopher_trucker, May 14, 2019.

  1. Phillosopher_trucker

    Phillosopher_trucker Light Load Member

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    Looking to start an LLC and wondering if its required to have an agent of service per state or how that works since you have to file for foreign qualified LLC in each state...are you required to get certificate of authority in all 48 states? Any advice is appreciated
     
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  3. Ridgeline

    Ridgeline Road Train Member

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    What?

    Let's start with why an LLC?

    AND if you are operating say in Indiana, you are plying a trade that you hold or under lease of an authority for interstate operations, which means you deal with Indiana only, not all the other states.
     
  4. Phillosopher_trucker

    Phillosopher_trucker Light Load Member

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    Springfield, MO
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    LLC is for protecting my assets, I am also wanting to buy a truck next year, And want to establish a relationship with the credit union I found that will fund me for the truck, I want to establish the relationship now so that I will already be in their door, and I wanted to start this account under a business entity. But what is confusing me is this example:

    I live in South Carolina, so I set up a domestic LLC in South Carolina for my trucking company, however since I am driving my truck all over the country, don’t I need to have Foreign qualifications with each state? Or can I just register as a domestic LLC?
     
  5. Phillosopher_trucker

    Phillosopher_trucker Light Load Member

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    But from what you’re saying it looks like all I need to do is register as a domestic LLC from what I just read, correct me if I’m wrong please
     
  6. Ridgeline

    Ridgeline Road Train Member

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    An LLC doesn't protect your assets, don't care what people say, know this first hand.

    That aside, you don't need to register in every state you operate in, it is a federal thing that causes this to be easy when you have or lease under an authority to operate interstate while LLC and corps are all state things.

    I would talk to a good lawyer and accountant to see what your plans are and what entity will give you the best way to limit tax liabilities.

    i would think long and hard about what you want to do, the truck funding is the easiest part, the breakdown fund, the maintenance and so on are the hard part - you don't finance that, that has to be capital reserve funds.
     
  7. Hammer1113

    Hammer1113 Light Load Member

    Unless your wanting to be a full blown independent, you don’t need to do that. Most O/O’s, and a lot of lease operators get an LLC and run under a lessors authority.
     
  8. Phillosopher_trucker

    Phillosopher_trucker Light Load Member

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    Yeah I know, I’m not planning on buying a truck next week or next month or at the end of this year by any means, doing my homework now I plan on having about $20,000 for my maintenance fund on top of my 20% down, I have really bad luck so I’m going to need overkill capital LOL, I know a good bit about DD15’s (2011-2016 models) And I’m not one of those guys who’s just ready to buy my truck yesterday, So far this is been a pretty rough year for freight, and not a good time to get started, I’m watching the market from all angles before I finally pulled the trigger but it’s going to definitely be in next year after I’ve got a full three years of driving in :) Thanks for your helpful input bud. Can you tell me how LLC would not protect my assets?
     
  9. x1Heavy

    x1Heavy Road Train Member

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    Once you have interstate authority and so on so forth, your home state is the one you deal with.

    YOU DO keep track of what fuel you buy in what states and how many miles run in each one.

    The word Foreign is unnecessary here.. We are one Nation composed of 50 states and a few other areas over the sea.

    When you incorporate a business your personal assets are separate. UNLESS you did commit a crime so severe and are successfully sued for everything you are as a result in Civil Court. There is no protection then. Unless you have Civil Suit insurance for a couple of millions in coverage. Among other required insurance coverage.

    I don't think I will be posting here again, my knowledge is all there is about this.
     
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  10. Phillosopher_trucker

    Phillosopher_trucker Light Load Member

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    Foreign qualification in LLC terms is just a fancy way of saying multi-state commerce, it means you have paid a fee in another state to contract and do business there under your llc, I was just under the impression that if you’re running through multiple states that means you are doing business in other states, hence me questioning if you would need to register your LLC in each state. This is different from an apportioned plate, or having your own MC authority.
     
  11. Ridgeline

    Ridgeline Road Train Member

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    A couple things.

    First x foreign means out of state, each state governs how corps and business entities exist and what laws they are established and operated. A Michigan company has to register in another state as a foreign entity.

    Second the llc is a simple form of protection for businesses where the liability risks are low, like manufacturers and retailers. In this business, an owner has direct control over the policies and operating procedures of the truck, wether they are a driver or not. Telling a driver to cheat on their logs is one example, another is not maintaining the truck correctly. As a driver, under federal regs, you are the last decision makers and make poor decisions that can cause loss of property and life.

    People think that llc will protect their assets, this is a sales pitch, it has been in court a bunch of times where the judge examined the owner's finances for punitive damages and used those assets, just like a CEO who caused death or destruction as head of the business, the only thing that is not included retirement accounts and investments.

    I wou
     
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