Delray Beach, FL asked in Business Formation, Business Law and Tax Law for Florida

Q: Looking for guidance on whether or not filing as a foreign corporation is needed in this case?

An independent contractor has a corporation in Florida. He is the only employee under his own corporation. He is planning on managing several cell phone stores for someone else in Arkansas. He is paid via contractor check at the end of the year. Will he need to file for the Arkansas Certificate of Authority, or does he fall under any of the items that do not constitute him to under ACA4-27-1501?

1 Lawyer Answer
Eric  Day
Eric Day
Answered
  • Tax Law Lawyer
  • Henderson, NV

A: I am not an attorney in Arkansas, however, after looking at the statute, I do not believe he would fall under any of the exceptions in the law. The reason I say this is he would meet an exception if he were paying an independent contractor to do the work for him in Arkansas. However, if he is doing the work himself and he is an officer of the corporation, he cannot consider himself to be an independent contractor.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.