There are a few different ways to move your LLC to the Gem State. Here’s what you need to know about moving your LLC to Idaho.
Can I move my LLC to Idaho?
Yes. There are a few different ways to move your LLC’s operations to Idaho. They include:
- Dissolution/formation. One option is to dissolve your current LLC and form a new Idaho LLC. If you do this, you’ll need to file all new formation documents.
- Foreign registration. You can keep your LLC registered in its original state or jurisdiction and Register as a Foreign LLC in Idaho. (“Foreign” in this case just means out-of-state.) This option allows you to do business in both states, but you will also need to keep up with both state’s reports, fees, and taxes.
- Domestication. Convert your business into a domestic Idaho LLC by filing with the Idaho Secretary of State. This allows you to keep your current LLC by changing its home jurisdiction to Idaho. After completing the domestication process, your LLC will no longer be registered with the state where it was originally formed.
Does Idaho allow LLC domestication?
Yes. Idaho allows foreign business entities to become domestic entities in Idaho through a process called Domestication.
How do I domesticate my LLC in Idaho?
Here are the steps you need to take to domesticate an LLC in Idaho:
Obtain a Certificate of Good Standing
First, you’ll need a Certificate of Good Standing from the state where your LLC was formed to show that your LLC is active and legally compliant. You will need to contact the Secretary of State (or equivalent state agency) in your home state to obtain this document, and you may need to pay a fee. The Certificate of Good Standing must be no more than 90 days old when you file for domestication.
Hire an Idaho Registered Agent
In order to do business in Idaho, you must have an Idaho registered agent. Your registered agent is the person (or business entity) designated to accept Service of Process on behalf of your business. Your Idaho registered agent must have a physical address in Idaho (not a P.O. box or virtual office) where they can accept legal mail on behalf of your business during normal business hours.
If you live in Idaho, you could serve as your own registered agent. However, if you do so, you will need to put your address on the public record. If you want more privacy, you can hire a registered agent service that will let you use their business address on state forms instead of yours.
File an Idaho Statement of Domestication and Certificate of Organization
To domesticate your LLC in Idaho, you’ll need to file a Statement of Domestication and a Certificate of Organization with the Idaho Secretary of State. The total fee to file these two forms is $130. The Statement of Domestication cannot be filed online, so you will need to mail both documents to the Secretary of State’s office along with the combined $130 filing fee.
Dissolve your LLC in its state of formation
You will also need to Dissolve Your Business in the state where it was formed. The process for dissolution varies by state, but most states will require you to file Articles of Dissolution (or an equivalent document) and pay a filing fee.
Do I need a new EIN when my LLC changes states?
It depends. If you simply foreign register your business in a new state, you do not need a new EIN. However, if you dissolve your business and form a new one, or if you dissolve your business as part of the domestication process, you will need to apply for a new EIN with the IRS.