Summary
The fact that you may need to register with state agencies like Nebraska 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 Nebraska, use this guide to:
- Explore the that triggers the need to register with the Nebraska Secretary of State, including criteria such as physical presence, economic activity, and advertising efforts.
- Determine where and how to register with the Nebraska 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 Nebraska Secretary of State?
Nebraska uses a combination of factors to determine if your business activities constitute doing business in the state: Physical Presence:
- Having an office, store, warehouse, distribution center, or any other physical place of business in Nebraska.
- Having employees, contractors, or representatives working in Nebraska.
- Owning or leasing property (real estate or tangible property) in Nebraska. Economic Activity:
- Selling goods or services to customers in Nebraska, even if those sales are conducted online or remotely.
- Providing services within Nebraska.
- Having a franchisee or licensee operating under your trade name in Nebraska, if they're required to collect sales tax. Sales Threshold:
- Exceeding $100,000 in gross sales in Nebraska within the previous or current calendar year.
- Engaging in 200 or more separate transactions in Nebraska within the previous or current calendar year.
Specific Examples
- The following are likely to be considered doing business in Nebraska:
- Having a brick-and-mortar store in Nebraska.
- Operating a warehouse or distribution center in Nebraska to fulfill orders.
- Providing consulting, repair, or installation services to Nebraska-based clients.
- Selling products to Nebraska residents through a website or online marketplace (especially if you hit the sales or transaction thresholds).
- Having a Nebraska-based franchise location of your business.
Nexus and Remote Sellers
- Like many states, Nebraska has adopted laws addressing nexus for remote sellers. If you're an online business with no physical presence in Nebraska, you may still have an obligation to collect sales tax and potentially to register your business if your sales into Nebraska exceed certain thresholds.
Where do I register, and what else is required?
- A Certificate of Good Standing is not required.
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 Nebraska. Here's a Nebraska specific guide we put together.
What is the registration fee?
The fee charged by Nebraska is $150 (if registration is needed).
How long does Nebraska usually take to process?
Nebraska usually takes approximately 1 - 2 weeks 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 Nebraska's:
C-Corporation
- Filing Date: April 1 (Even years)
- Filing Frequency: Biennial
LLC
- Filing Date: April 1 (odd years)
- Filing Frequency: Biennial
Non-Profit
- Filing Date: April 1 (Even years)
- Filing Frequency: Biennial
There is an Easier Way
Automate registration and annual report tracking in AbstractOps.This guide should definitely help reduce some of the confusion for Nebraska. 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.
