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Old 03-11-2013, 07:03 AM   #113
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Join Date: Apr 2010
Location: Western NY
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Quote:
Originally Posted by 2Labs View Post
I've followed this thread, and many others about Montana LLC's, and while a Montana LLC wasn't really a thought for us - plus sales tax was relatively low on our used RV - I've tried to come up with an idea of what types of businesses would be a good fit for this option.

I would think that someone that works as an independent contractor and has to travel around the country for work, would be a good candidate - oil field workers, gate workers, maybe even part time campground hosts.

Another that I think would be a good fit, would be a photographer or painter. If you have a business where you take photos or paint scenery/individuals/businesses, etc *and* sell them or put them up for sale, I would think it would be an acceptable fit.
You still have the issue of the location of your tax home. If you live in another state and use a Montana LLC the only thing you have accomplished is to subject yourself to Montana income taxes. For income tax purposes a Montana LLC and any LLC for that matter, are termed disregarded entities or tax nothings. What that means is that the business person still will file a Schedule C with their 1040 and they would have their income from that Schedule C subject to tax in their home state and also in Montana.

Good idea, but the taxing authorities have already thought of that one. I often get the question of incorporating in Nevada where there is no corporate income tax. My clients are surprised when I ask them when they are moving to Nevada. Your tax home is still where you are physically located and the law doesn't allow one to just pick a place and call it your tax home without some evidence of actually being there.
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