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club_cafe: Where should I register the club, (VA, NJ, or NY)?
>>I have members who will join the club from VA, NJ, and NY.

>>I read in the "Investment Club for Dummies" book that NY and
Missouri requires annual filing of tax along with
registering the club, more restrictive than other states.
This book recommends to register the club in the more
restrictive state in order to prevent doubling the paper
work.
Forget whatever you read in a book when it comes to taxation. The only way to know what is what is to contact each state and even then you may not get a clear answer.
 
You will have to file in NY no matter where you register the club, if you have members who are NY residents. The filing requirements are slightly different if the club is NY based vs. non-NY based, but the form is generally very easy to complete for an investment club.
 
NJ requires resident clubs not only to file a return, but in certain cases to pay an annual fee of $150/partner. You do not want to register your club in NJ. Nonresident clubs do not have to file in NJ.
 
VA just this year said that all partnerships would have to file a VA partnership return (I forget the form number), but at the last minute passed an exemption for investment clubs. I don't know whether the exemption was for 2004 only or is likely to remain for the future.

I live in VA.  Should I take their recommendation and
register the club in NY?  Or do I need to find out more and
learn about this issue?  Also, does bivio auto-create
necessary tax forms for NY members?  I heard that NY
requires additional tax forms.  How about VA and NJ?
If you live in VA, and you are creating the club, that's where I would register it. Bivio does not generate any state tax returns (at least through tax year 2004). I doubt that they have decided (ok, they may have decided, but they haven't announced) what their plans are for 2005.
 
Ira Smilovitz
Thank you for your answers to my questions!

I will register the club in VA. I want to make sure that I
understand. So, I will try to summarize:

1> for New York, all non-NY resident members require to file
in NY. But, non-NY resident members are not paying taxes in
NY, right? I am assuming that NY is only collecting
information, not to collect taxes from non-NY resident
members...

2> for New Jersey members, since I will be registering the
club in VA, I am assuming that NJ members do not have to pay
the annual fee of $150/partner. And, unlike NY, non-NJ
resident members do not required to file in NJ.

3> for Virginia, non-VA resident members do not require to
file in VA.

Am I correct with the above summary?

I think it would be great if bivio provides forms for local
members in their future application.

Thanks again!
richard

IraS1@aol.com wrote:
> >>I have members who will join the club from VA, NJ, and
> NY.
>
> >>I read in the "Investment Club for Dummies" book that NY
> and
> Missouri requires annual filing of tax along with
> registering the
> club, more restrictive than other states.
> This book recommends to register
> the club in the more
> restrictive state in order to prevent doubling the
> paper
> work.
>
> Forget whatever you read in a book when it comes to taxation. The only way
> to know what is what is to contact each state and even then you may not get a
> clear answer.
>
> You will have to file in NY no matter where you register the club, if you
> have members who are NY residents. The filing requirements are slightly
> different if the club is NY based vs. non-NY based, but the form is generally
> very easy to complete for an investment club.
>
> NJ requires resident clubs not only to file a return, but in certain cases
> to pay an annual fee of $150/partner. You do not want to register your club in
> NJ. Nonresident clubs do not have to file in NJ.
>
> VA just this year said that all partnerships would have to file a VA
> partnership return (I forget the form number), but at the last minute passed an
> exemption for investment clubs. I don't know whether the exemption was for 2004
> only or is likely to remain for the future.
>
> I live in VA. Should I take their recommendation and
> register
> the club in NY? Or do I need to find out more and
> learn about this
> issue? Also, does bivio auto-create
> necessary tax forms for NY
> members? I heard that NY
> requires additional tax forms. How about
> VA and NJ?
>
> If you live in VA, and you are creating the club, that's where I would
> register it. Bivio does not generate any state tax returns (at least through tax
> year 2004). I doubt that they have decided (ok, they may have decided, but they
> haven't announced) what their plans are for 2005.
>
> Ira Smilovitz