Relocating business to Colorado
Step One
Determine how best to operate trade or business legally in Colorado:
a) Requires new EIN – Terminate former residing statea��s venture and organize new Limited Liability Company or incorporate new Profit Corporation in Colorado. Note a�� also formally close all prior State licenses and accounts.
b) Keep current EIN – Maintain former residing statea��s venture and obtain authority to operate in Colorado ($150 filing paper a�� paper filing only). Note a�� filing is public record. Link: www.sos.state.co.us/pubs/business/PDFFillable/AUTHORITY.pdf
If (a.) is chosen above, then:
Step One
Create legal entity online at Colorado Secretary of State, such as limited liability company, profit corporation or partnership ($50 filing fee; $125 if paper filing). Note a�� filing is public record. Link: www.sos.state.co.us/biz/FileDoc.do
Step Two
Obtain 9-digit EIN online from Internal Revenue Service (no filing fee). Note a�� print and save EIN confirmation letter. Link: www.irs.gov/businesses/small/article/0,,id=102767,00.html
Step Three
If multi-owner, hire attorney or download from www.legalzoom.com or www.bizfilings.com Operating Agreement (limited liability company) or Bylaws (profit corporation) plus Buy-Sell Agreement. Further, if profit corporation, corporate record book required, which includes initial minutes, stock certificates and board resolutions.
Step Four
Open business bank account.
Note a�� Business is not required to obtain 7-digit ID# from Colorado Dept of Revenue if no employees and not required to collect sales tax. If either situation exists, then file in triplicate either in-person at a DOR regional office or mail to DOR (no filing fee for withholding tax number; prorated fee for sales tax number). Note a�� online filing not yet available. Download form
If profit corporation, default tax structure is C Corporation (Form 1120); may elect to be taxed as S Corporation (Form 1120S).
If single-owner limited liability company, default tax structure is Sole Proprietorship (Schedule C); may elect to be taxed as S Corporation (Form 1120S).
If multi-owner limited liability company, default tax structure is Partnership (Form 1065); may elect to be taxed as S Corporation (Form 1120S).
If form of partnership (general partnership, limited partnership, limited liability partnership or limited liability limited partnership), default tax structure is Partnership (Form 1065).
Caveat – Please contact your legal, business and tax advisors to determine appropriate compliance with federal, state and local law and related filing requirements for your particular business.
Disclaimer – Advice, instruction and forms provided above are for illustrative purposes only and are offered as a public service without representation or warranty and is not intended or written to be used, and cannot be used, for the purposes of constructing unlawful acts under federal and state law or avoiding penalty under the internal revenue code.