New Hampsire Incorporation
New Hampsire Incorporation
Form a New Hampshire Corporation
Form a New Hampshire (NH) corporation. Incorporate in New Hampshire online with the New Hampshire incorporation experts at LawInc.com Forming a New Hampshire corporation has never been simpler. We will help you form a New Hampshire corporation, the right way. To simply incorporate in New Hampshire, click on â€śOrder Now.â€ť Please feel free to call us, anytime, with any questions. Incorporate New Hampshire today.
Incorporating in New Hampshire
Incorporating a New Hampshire corporation can be vital to businesses based of New Hampshire. At LawInc, we prepare your New Hampshire corporation Articles of Incorporation, bylaws, stock certificates, stock ledger and more. We can even obtain your New Hampshire corporation Tax ID number and file your New Hampshire S corporation election with the IRS.
Incorporate New Hampshire
Incorporate in New Hampshire easily. Incorporate in New Hampshire quickly. Incorporate in New Hampshire affordably. Incorporate in New Hampshire with the experts at LawInc.com.
New Hampshire Incorporation Information
The following New Hampshire incorporation information will likely be helpful when deciding to incorporate in New Hampshire.
New Hampshire Corporation Name
The first step in forming a New Hampshire corporation is selecting the business name. New Hampshire corporation names:
- Must contain “Corporation,” “Incorporated,” â€śLimited,â€ť or abbreviations of like import in another language
- Shall not contain language stating or implying that the corporation is organized for a purpose other than that permitted by law and its articles of incorporation.
- Must be distinguishable from any name of record with the Secretary of State.
An available New Hampshire corporation name may be reserved with the Department of Commerce, Corporation Division, Corporation and Securities Bureau, for a 6 month period.
LawInc.com permits you to choose up to three names and will conduct a name search for your New Hampshire corporation, prior to filing.
New Hampshire Corporation Formation
New Hampshire Filing Procedure: To incorporate in New Hampshire, you must file New Hampshire Articles of Incorporation with the New Hampshire Secretary of State.
New Hampshire Corporation Articles of Incorporation: The New Hampshire Articles of incorporation should include:
- Name of the New Hampshire corporation.
- The number of shares of the New Hampshire corporation.
- Name and address of the New Hampshire corporationâ€™s registered agent.
- A statement that: The sale or offer for sale of any ownership interests in this business will comply with the requirements of the New Hampshire Uniform Securities Act (RSA 421-B).
- The principal purpose of the New Hampshire corporation.
- Name and address of each New Hampshire corporation incorporator.
- Total number of authorized common and preferred shares of the New Hampshire corporation.
Statement of Compliance with New Hampshire Securities Laws: A Statement of Compliance with New Hampshire Securities Laws should be included with the New Hampshire Articles of Incorporation.
New Hampshire Corporation Filing Fee: The New Hampshire corporation filing fee is $100 ($50 for the Articles of Incorporation and $50 for the Statement of Compliance with New Hampshire Securities Laws).
New Hampshire Incorporator: Minimum number of incorporators is one (1) person (an individual or entity) and there is no requirement that the incorporator be a resident of New Hampshire.
New Hampshire Corporation 1244 Stock: Election to have stock classified as IRC Section 1244 stock allows for a substantially larger application of the deduction from business losses to ordinary income than regular stock. With regular stock, you can only offset $3,000 against ordinary income. With the issuance of Section 1244 Stock, the corporation can claim an ordinary loss deduction of as much $100,000.
New Hampshire Registered Agent: When incorporating in New Hampshire, a New Hampshire corporation must maintain a registered agent and office to receive service of process in New Hampshire. The New Hampshire registered agent should be available, at a New Hampshire physical address, during normal business hours to accept important legal and tax documents on behalf of the New Hampshire corporation. The registered agent can either be (1) an individual with a physical New Hampshire address or (2) a corporation authorized to serve as registered agent.
New Hampshire Corporation Post-Filing Requirements
New Hampshire Corporation Annual Report: New Hampshire corporations must file an New Hampshire Corporation Annual report which is due by April 1st after your registration year. If your New Hampshire corporation is filed in December, you receive a one year grace period. The New Hampshire corporation annual report cost $100. To file and pay online, visit http://www.sos.nh.gov/corporate/annualreport. Failure to file on time results in a $50 penalty. The New Hampshire Sec. of State will send a reminder postcard to the New Hampshire corporationâ€™s mailing address. If a New Hampshire corporation fails to file its annual report to the secretary of state for 2 consecutive years, the New Hampshire Department of State will administratively dissolve the New Hampshire corporation. New Hampshire corporation annual reports must contain the following:
- The name of the New Hampshire corporation.
- Name and address of the New Hampshire corporationâ€™s registered office and the name of its registered agent at the office in the State of New Hampshire.
- The address of the New Hampshire corporationâ€™s principle office.
- The name and address of the corporationâ€™s directors and principal officers.
- A description of the nature of the New Hampshire corporationâ€™s business.
- A signature by an officer, director or any other person authorized by the board of directors to execute the New Hampshire corporationâ€™s annual report.
New Hampshire Corporate Minutes: New Hampshire corporations should hold and document annual shareholder and director meetings.
New Hampshire Corporation Taxes
New Hampshire Corporation Taxes: For information on the New Hampshire state income tax rate, visit: http://www.state.nh.us/revenue. While New Hampshire does not have sales tax and personal income tax, there is a tax on business profits.
New Hampshire C Corporation: When incorporating in New Hampshire, all New Hampshire corporations formed by default are “C” corporations. A New Hampshire C corporation is a New Hampshire corporation that has not made an election to be an “S” corporation. The term C corporation is specifically used because the entity is taxed under subsection C of the IRS code. New Hampshire C corporations are taxed at two levels (“double taxation”). This means that the corporation itself pays its own tax when it makes money (the first tax). The owners or shareholders are then taxed again when they are paid a salary or dividend by the corporation (the second tax). Despite double taxation, New Hampshire C corporations offer many planning and benefit opportunities.
New Hampshire S Corporation: A New Hampshire S corporation is a corporation that has made an election with the IRS to be treated for tax purposes as a “pass-through entity.” This means that corporate profits and losses are passed through to the shareholders (owners) who report them on their own personal tax returns and pay the tax at the individual level. The corporation pays no federal income tax at the corporate level. New Hampshire S corporations are not subject to the double taxation C corporations encounter. The State of New Hampshire recognizes S corporation status. When incorporating in New Hampshire, New Hampshire does not require a state election.
These are the 3 main advantages of forming a New Hampshire S corporation:
- No double taxation: One of the main advantages of New Hampshire S corporation status is that it avoids the double taxation that occurs with a regular New Hampshire C corporation. In a New Hampshire C corporation, the corporation pays income tax on its profits and, if those profits are distributed to shareholders, the shareholders pay income tax on the distribution.
- Loss deductions: The availability of losses. Shareholders of a New Hampshire S corporation generally may deduct their share of the corporation’s net operating loss on their individual tax returns in the year the loss occurs. Losses of a New Hampshire C corporation, however, may offset only the corporation’s earnings.
- Self-employment tax savings: By electing S corporation status, only the earnings actually paid out to you as salary are subject to payroll taxes; money left in the business is not subject to payroll taxes or self-employment tax. All income passes through, but its tax status depends on whether it is classified as salary or ordinary income.
Federal Tax Identification Number/Employer Identification Number (EIN): The Federal Tax Identification Number, also known as the Employer Identification Number (EIN) is a number that is assigned to a business by the Internal Revenue Service. An EIN is like a Social Security Number for a business. It is a requisite for certain business functions such as opening bank accounts or hiring employees. When incorporating in New Hampshire, New Hampshire corporations should obtain an EIN. The federal taxpayer identification number of the corporation should be included in the Articles of Incorporation. However, the failure to include the number will not cause the Secretary of State to reject the Articles of Incorporation for filing.
New Hampshire Corporation Dissolution
New Hampshire Corporation State Dissolution Requirements: A New Hampshire corporation can be voluntarily dissolved by filing Articles of Dissolution by Board of Directors and Shareholders with the New Hampshire Department of State. You will be required to certify that you have sent a copy of the paperwork to the New Hampshire Department of Revenue Administration prior to filing. However, you are not required to obtain a tax clearance certificate. If the New Hampshire corporation has not commenced business, Articles of Dissolution by Incorporator(s) or Initial Directors should be filed with the New Hampshire Department of State.
New Hampshire Corporation Federal/IRS Dissolution Requirements: Corporations are required to file IRS Form 966, Corporate Dissolution or Liquidation. A final tax return should be filed with the IRS. Form 966 should be filed along with the final tax return. Final state tax returns may also need to be filed. Follow up with an accountant regarding all tax related requirements.