I want to incorporate now, but I may be moving soon. Where should I incorporate?
Delaware is your best option. This is a dilemma often faced by actors, screenwriters, and other creative types living in New York, but knowing that a move to California is in the cards sooner rather than later. In that case, it makes sense to incorporate in Delaware and qualify your corporation to do business in New York. When the move actually transpires, you can surrender the corporation’s authority to do business in New York and qualify it do business in California, which is a lot simpler and cheaper than dissolving in New York and forming a new corporation in California, with the attendant transaction costs and hassle of starting over with a new tax identification number, bank accounts, etc. It is a little more expensive at the outset, since you are filing papers in two jurisdictions, but Delaware has a relatively modest minimum annual franchise tax ($225) and no corporate tax as long as you’re not actually doing any business in Delaware. If you’re in this situation, read our article on Why Delaware Is the Best Jurisdiction for Actors and Creatives for more information.