club_cafe: Where should I register the club, (VA, NJ, or NY)?
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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 |
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