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by caseyf7 1939 days ago
This greatly oversimplifies how it actually works to be a foreign Corp in many states. You might be able to get away with this for a year or two but you will eventually be in a world of hurt. Once you have an employee in a state and you are making sales on that state, the tax and regulatory bodies will come after you. Your customers and partners will be reporting you, your payroll provider will make mistakes, and disgruntled employees will make claims in that state and it will be a significant drain on company resources.
1 comments

??? This is literally how most multi-state businesses operate: 1 company, registered as a "foreign business" in other states, with a single multistate payroll provider like ADP handling the payroll function. (Yes, the company will be subject to tax and legal service in any state in which it has an employee, which is why generally when I was still at a firm I generally advised clients against remote employee arrangements.)

Note that a "foreign business" is a technical term in this context, simply meaning that a business operating in one state that is incorporated in another state. (See for example https://www.californiaregisteredagents.net/incorporation/for...) For example, almost every YC company is incorporated in Delaware, but is registered as a "foreign business" in CA where they are physically headquartered.

At the international level you usually form subsidiaries, due to the vast differences between laws at the national level, but some companies will simply register a "branch office" in other countries in which they have small operations. In fact, many countries, like the U.S., have tax forms specifically for these companies: the Form 1120F...

I read your basic point though that there are complications/expenses associated with having remote employees in other states ("I generally advised clients against remote employee arrangements"). I've worked for very small firms that did this so it couldn't have been too onerous. But it does serve to highlight that, especially small, companies aren't indifferent to where employees move to even if they're remote (and may prohibit certain moves).