Summary
The fact that you may need to register with state agencies like Idaho Secretary of State is a sneaky misconception that many folks miss.
However, with the rise of remote work, states have begun cracking down and levying penalties for those who (unknowingly) fail to register.
If you're considering operating in Idaho, use this guide to:
- Explore the that triggers the need to register with the Idaho Secretary of State, including criteria such as physical presence, economic activity, and advertising efforts.
- Determine where and how to register with the Idaho Secretary of State.
- Understand additional requirements such as Registered Agents, registration with other state departments, and ongoing annual reports.
What criteria would trigger the requirement to register with the Idaho Secretary of State?
What Idaho considers "doing business":
- Physical Presence: Having an office, store, warehouse, manufacturing facility, or any other physical location within Idaho.
- Employees Based in Idaho: Hiring and maintaining employees who reside and work within the state.
- Frequent Transactions: Regularly engaging in sales, providing services, or having significant business dealings with customers or clients located in Idaho.
- Deriving Income from Idaho Sources: Generating substantial revenue from sales or activities within the state.
Activities that might NOT be considered "doing business" in Idaho:
- Isolated or Infrequent Transactions: Conducting the occasional sale or project without a continuous pattern.
- Maintaining Bank Accounts: Simply having a bank account in Idaho or holding financial assets in the state.
- Litigation: Defending or resolving lawsuits in Idaho courts.
- Owning a Subsidiary: Having ownership of a subsidiary business that operates within Idaho (this would usually fall under the subsidiary's activities).
Where do I register, and what else is required?
- A Certificate of Good Standing is required (dated within the past 90 days)
In addition:
A Registered Agent is required to serve as the company's physical in-state presence to receive important legal documents. Do not fall victim to the common misconception that you can leverage an in-state employee as your Registered Agent. It's far too risky.
You'll want to review the other registrations required in Idaho. Here's a Idaho specific guide we put together.
What is the registration fee?
The fee charged by Idaho is $104.
How long does Idaho usually take to process?
Idaho usually takes approximately Less than 1 week to process registrations.
What is required ongoing?
Each state has a complex schedule of required annual reports, which can vary by entity type. Let's take a look at Idaho's:
C-Corporation
- Filing Date: By the last day of registration anniversary month
- Filing Frequency: Annual
LLC
- Filing Date: By the last day of registration anniversary month
- Filing Frequency: Annual
Non-Profit
- Filing Date: By the last day of registration anniversary month
- Filing Frequency: Annual
There is an Easier Way
Automate registration and annual report tracking in AbstractOps.This guide should definitely help reduce some of the confusion for Idaho. However, if you have multiple states to worry about, you may look to:
Automate state registrations and annual reports
Centralize email, snail mail, state ID’s, and registered agents, and
Take control of action items, eliminating risks before they become penalties.
Start the AbstractOps product demo to see how easy this can be.
Note: For the avoidance of doubt, nothing provided here shall contemplate, constitute or include tax or legal advice. Always double check with state agency websites for the most up-to-date requirements.
