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Delaware charges a franchise tax on the corporations incorporated in it. Franchise taxes in Delaware are higher than in most other states which typically get revenue from corporate income taxes on the portion of the corporation's business done in that state. Delaware's franchise taxes supply about one-fifth of its state revenue. [17]
A franchise tax is a government levy (tax) charged by some US states to certain business organizations such as corporations and partnerships with a nexus in the state. A franchise tax is not based on income. Rather, the typical franchise tax calculation is based on the net worth of capital held by the entity. The franchise tax effectively ...
The franchise tax can be an amount based on revenue, an amount based on profits, or an amount based on the number of owners or the amount of capital employed in the state, or some combination of those factors, or simply a flat fee, as in Delaware. Effective in Texas for 2007 the franchise tax is replaced with the Texas Business Margin Tax. This ...
In their Taxation column, Elliot Pisem and David E. Kahen discuss a recent order of the Tax Court addressing a motion for partial summary judgment in 'H R B-Delaware v. Commissioner'. The analysis ...
Franchise Tax rate Utah [c] 5% $0 Vermont 6% 7% 8.5% $0 $10K $25K Virginia 6% $0 Washington [c] None None West Virginia 8.5% $0 Wisconsin 7.9% 0 Wyoming None None District of Columbia 9.975% $0 Notes: The rates above are for regular corporate taxes based on income (including those called franchise taxes) and exclude the effect of alternative ...
Many companies prefer to incorporate in Delaware because of the state's corporate-friendly tax system and the Court's historical expertise in business litigation. The Court's judges tend to be longtime members of the Delaware State Bar Association who have spent their careers doing corporate litigation.
Franchise taxes on Delaware corporations supply about a fifth of the state's revenue. [131] Although "USA (Delaware)" ranked as the world's most opaque jurisdiction on the Tax Justice Network 's 2009 Financial Secrecy Index, [ 132 ] the same group's 2011 Index ranks the U.S. fifth and does not specify Delaware. [ 133 ]
One of the most important things that the articles of incorporation determine is the state of incorporation. Different states can have different levels of corporate tax or franchise tax, different qualities of shareholder and stakeholder rights, more or less stringent directors' duties, and so on.
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related to: delaware franchise tax search