You can use the same name in New Jersey that you use in your home state, however, if the name of your Domestic LLC is not available you need to choose another name.  Your New Jersey Foreign LLC name can identify the type of products and services your business will provide; or it may be the name of the founder; or it can be a combination of the two or something else.

In any case, the New Jersey Foreign LLC name that you choose must be distinguishable from the name of any other registered New Jersey LLC or other business entity and the name must also be different from any reserved names on record with the state of New Jersey.  Your New Jersey Foreign LLC name must not imply that it was formed for a purpose other than that stated in the Articles of Organization for your Domestic LLC and your New Jersey Foreign LLC name must not be a name that is likely to mislead the public.

The name of a New Jersey Foreign LLC must include the word "Limited Liability Company" or or the abbreviation "LLC" or "L.L.C.".

It's important to choose a good name for your New Jersey Foreign LLC because if you want to change it after you qualify you will have to file amended documents with the New Jersey Department of Treasury (and pay a fee).

In order to Qualify as a Foreign LLC in New Jersey you must file Registration Documents with the New Jersey Department of Treasury.  In New Jersey the registration documents are named "Business Registration Application".

The registration documents must include certain specific information about your New Jersey business.  If the LLC Registration Documents do not conform exactly to state of New Jersey Foreign LLC requirements they will be rejected. 

If you need to change any of the information on your registration documents after your New Jersey Foreign LLC has been approved, you may amend the registration documents for your New Jersey Foreign LLC but you will have to pay a fee to the state of New Jersey in order to make the changes official.

The New Jersey Corporate Income Tax Rate is variable depending on the annual net income of the New Jersey Foreign LLC.  New Jersey Corporate Income Tax Rates vary from 6.5 to 9%.  You may choose that your New Jersey Foreign LLC is to be taxed as a C Corporation or S Corporation. 

A C Corporation is what you may think of as a traditional Corporation like General Electric or Ford.  C Corporations pay a Corporate income tax to the state if that state taxes Corporations. 

You may choose to have your New Jersey Foreign LLC taxed as a S Corporation.  S Corporations "pass through" all corporate profits to the shareholders (owners) who then pay tax at their applicable personal rate.  S Corporations do not pay any New Jersey Corporate Income Tax.

The Corporation Tax structure in the state of New Jersey consists of three tax brackets:

• 0- $50,000 - 6%
• $50,001 - $100,000 - 7.5%
• Over $100,000 - 9%

The minimum New Jersey Corporation Business Tax for small businesses is $500.

If you form a Single Member New Jersey Foreign LLC and do not specify to the IRS how you want to be taxed your Single Member New Jersey Foreign LLC will be taxed as a Sole Proprietorship.  If you form a Multiple Member New Jersey Foreign LLC and do not specify to the IRS how you want to be taxed your Multiple Member New Jersey Foreign LLC will be taxed as a Partnership.

Note that forming a New Jersey Foreign LLC doesn't take the place of obtaining a local business license, tax registration certificate, or other required business permits.  A New Jersey Foreign LLC merely creates an ownership structure that limits the owners' personal liability.  You may still need to take care of getting set up to do business with your local government.

Depending on the nature of the business and the location of your New Jersey Foreign LLC within New Jersey you may need to get one or more local business licenses or permits.  The business licenses or permits that are required for your New Jersey Foreign LLC vary depending on your business activities and the specific locations within the state of New Jersey in which you want to conduct business.

If your New Jersey Foreign LLC will be selling products in New Jersey you may be required to obtain a Reseller's Permit from the appropriate New Jersey state agency.  If your New Jersey Foreign LLC will be selling products in New Jersey you will also be responsible for all applicable local and state of New Jersey sales taxes if there are any.

The New Jersey Annual Report includes basic information about your New Jersey Foreign LLC including information on your business location as well as the names of the Officers and Directors.

Failure to submit a properly completed New Jersey Annual Report to the New Jersey Department of Treasury on or before the due date may subject the New Jersey Foreign LLC to being administratively dissolved in the state of New Jersey or having its authority to transact business in the state of New Jersey revoked by the New Jersey Department of Treasury.

Penalties may accrue if you fail to file any New Jersey Foreign LLC Annual Report to the New Jersey Department of Treasury by the due date.

Foreign LLCs that either do business in the state of New Jersey or that derive income from sources within the state of New Jersey are subject to New Jersey and federal tax laws.  If you are engaged in intrastate business and derive income from other states besides New Jersey, you must allocate the amount of income derived from the state of New Jersey in order to determine your New Jersey state taxes.