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How is this considered a business company?

If I am a registered Delawere technology company but I am based in California, then what states am I considered to be doing business in?

  • The company has invoiced other states but not California

  • Answer:

    You probably are doing business in CA. The test is "entering into repeated and successive transactions of its business in this state, other than interstate or foreign commerce" (emphasis added). If you are based in CA, then you probably are entering into repeated and successive transactions of business (which need not necessarily be limited to transactions with your end users). This issue is discussed in greater detail in http://danashultz.com/blog/2010/05/24/doing-business-in-ca-be-sure-to-register/. Disclaimer: This information does not constitute legal advice and does not establish an attorney-client relationship.This answer is not a substitute for professional legal advice....

Dana H. Shultz at Quora Visit the source

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I would think you would do business in CA if you have payroll and property there. Regarding other states, that could depend upon the nature of your business - whether selling technology products or providing technology services. If selling products - probably not doing business for tax purposes unless you have payroll or property in the state. If providing services, likely all states in which you visited to provide the services.   I think DE is merely the state of incorporaton and assuming no sales to DE it appears you would not be doing business there for tax purposes.

Barry Groebel

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