Easton, PA asked in Business Formation and Business Law for Pennsylvania

Q: I am getting ready to start a business and I like the anonymity available with a Wyoming S-corp.

I live in and the business will operate in Pennsylvania. What is the best way to set this up? I am not looking to dodge the pa tax, I just don't want my name on the database as the owner. Should I register as a foreign corporation or set up a second domestic S corp with the first as the owner? Or is there a better way?

2 Lawyer Answers
Nancy L Lanard
Nancy L Lanard
Answered
  • Plymouth Meeting, PA
  • Licensed in Pennsylvania

A: Whether you form the entity in DE, NV or WY, you will still have to file in PA as foreign entity and will be visible. However, if you want anonymity, then use a paid registered agent and have a service or law firm file the paperwork for you in PA. This will provide the anonymity you are seeking. For example, you could use CT Corporation to file the paperwork and act as the registered agent.

Michael Cherewka
Michael Cherewka
Answered
  • Wormleysburg, PA
  • Licensed in Pennsylvania

A: i agree with Attorney Lanard. if you use a law firm or commercial registered agent you can file the Articles of Incorporation without your name and without your address (or an address associated with you). Out of state incorporation would add a layer of complexity and ongoing expense with very little (if any) benefit.

Once you are incorporated if you really want to keep your name out of the system, you may need to appoint non-family members as corporate officers when you file and sign your PA Corporate Tax Returns since those returns list your President / Secretary/Treasurer and the Corporation Bureau website often picks up those names and adds them to the website with the Corporation listing.

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