There are 3 ways to transfer your LLC to another state: domestication, foreign registration, or dissolving and re-forming. Learn which option fits your situation and what each process involves.
Bizee Editorial Staff
Editorial Team
You have 3 options for transferring your LLC to another state: domestication (converting your LLC directly into the new state), foreign registration (keeping your original LLC and registering in the new state), or dissolving your old LLC and forming a new one. Which path makes sense depends on how permanent the move is, what both states allow, and the tax implications of each approach.
Domestication is the process of converting your existing LLC from one state to another. Your LLC keeps its legal history, contracts, bank accounts, and — critically — its EIN. You file articles of conversion (sometimes called articles of domestication) in both the old state and the new state, pay the required state fees, and the LLC continues as a single entity under the new state's laws.
The catch: not every state allows domestication. Before you plan around this option, check whether both your current state and your destination state permit it. If either state doesn't allow it, you'll need to use one of the other two options instead. A legal professional can help you confirm what's available in your specific states.
Foreign registration lets your existing LLC continue operating in its home state while also doing business in a new state. You file for a Certificate of Authority (sometimes called a foreign qualification) in the new state. Your LLC doesn't move — it expands. This is a good fit if your move is temporary or if you still have business activity in your original state.
The trade-off is cost. When you're registered in 2 states, you're on the hook for annual reports, state fees, and potentially state income taxes in both. If you're only doing business in the new state going forward, that ongoing double compliance adds up. Most business owners who make a permanent move find that domestication or dissolution is cleaner in the long run.
Dissolving your current LLC and forming a new one in the destination state is the most straightforward option when domestication isn't available and you don't want the ongoing compliance burden of two registrations. You wind down the old LLC, transfer assets to the new one, and start fresh under the new state's rules. The new LLC will need a new EIN since the original entity is being terminated.
This option requires more legwork upfront. You'll need to transfer contracts, notify creditors, reassign leases or licenses, and update any accounts tied to the old LLC. Dissolving and re-forming can also trigger recognition of gain or loss for tax purposes, so it's worth talking to a tax professional before you go this route.
Whether you need a new Employer Identification Number (EIN) depends on which transfer method you use. With domestication or foreign registration, your LLC continues as the same legal entity and your EIN stays the same. With dissolution and re-formation, the original LLC is terminated and the new LLC needs a new EIN — you can apply at irs.gov/ein.
Your federal tax classification — disregarded entity, partnership, or S Corporation — generally carries over when the LLC continues as the same entity. It doesn't automatically transfer when you dissolve and re-form. If you had an S Corporation election in place, you'll need to re-file Form 2553 with the IRS for the new LLC. A tax professional can help you figure out whether your existing elections survive the transfer or need to be re-established.
The right option comes down to 3 factors: whether the move is permanent, what both states allow, and how much ongoing compliance you're willing to manage. Most business owners making a permanent move prefer domestication when it's available — it keeps the LLC intact with the least disruption. Foreign registration works best for temporary moves or when you genuinely need a presence in both states.
Dissolution and re-formation is the fallback when domestication isn't an option and you don't want to maintain 2 registrations. It's more work upfront, but it gives you a clean start in the new state. No matter which path you take, check the requirements for both your current state and your destination state — the rules vary, and getting the sequence wrong can create gaps in your LLC's good standing.
Domestication is the cleanest path if both states allow it. If domestication isn't available, dissolve the old LLC and form a new one in the destination state. Foreign registration leaves you paying fees and filing annual reports in 2 states with no benefit.
Foreign registration makes sense here. Keep your LLC in its home state and file a Certificate of Authority in the new state. You'll have compliance obligations in both states while you're operating there, but you won't need to re-form the LLC when you return.
Foreign registration is the right fit. Your LLC stays registered in its home state and you add the new state registration on top. Budget for annual reports, registered agent fees, and potential state income taxes in both states.
It depends. If you use domestication or foreign registration, your LLC continues as the same legal entity and your EIN stays the same. If you dissolve your old LLC and form a new one, the new LLC needs a new EIN — the original EIN belongs to the terminated entity. You can apply for a new EIN at irs.gov/ein.
Yes. You have 3 options: domestication (converting the LLC directly to the new state), foreign registration (keeping the original LLC and adding a registration in the new state), or dissolving the old LLC and forming a new one. Which option is available to you depends on the rules in both your current state and your destination state.
It depends on the method and the states involved. State filing fees for domestication or forming a new LLC typically range from $50 to $500 per state. Foreign registration fees vary by state as well. If you're dissolving an old LLC, there may be dissolution fees on top of formation fees in the new state. Check both states' Secretary of State websites for current fee schedules.
Yes. Your LLC can remain registered in its original state even if you move. If you're doing business in the new state, you'll likely need to register there as a foreign LLC — which means filing a Certificate of Authority and maintaining a registered agent in that state. You'll have compliance obligations in both states for as long as you're registered in both.
LLC domestication is the process of converting your LLC from one state to another while keeping it as the same legal entity. Your LLC's history, contracts, and EIN carry over. You file articles of conversion in both states and the LLC continues under the new state's laws. Not all states allow domestication, so you'll need to check whether both your current state and destination state permit it.
It depends on the transfer method. With domestication or foreign registration, your federal tax classification — disregarded entity, partnership, or S Corporation — generally stays in place. With dissolution and re-formation, the new LLC starts fresh and any prior elections don't automatically carry over. If you had an S Corporation election, you'll need to re-file Form 2553 with the IRS. A tax professional can help you figure out what needs to be re-established.