[twistedvincent]

I just learned about the NC nexus law.If I go ahead and set up an llc in Nevada should I be OK to operate as an affiliate in NC? It's just me....no employees, nothing.I read that all I need to do is make sure I have an "agent making address"in Nevada, and all the paperwork in order, is this true? I currently work with Commission Junction, but would like to have my options open, but mostly I don't want to be taken by surprise if I were to get dropped.
I searched the forum but couldn't really find a solid answer. I was going to start the proceedings tomorrow(9/28)if need be.
Any advise would be appreciated.

[BlogBonnieBlog]

if you set up your LLC in nevada, technically you are operating from nevada, not North Carolina so all your mail, etc has to go to a NV po box or something then somehow get back to you in NC. If you live near Charlotte, i've heard of a few affiliates, heading over to SC to incorporate over there. Just keep in mind that somewhere down the road, depending on how your LLC is setup, you may have to report that income on your personal taxes (form K something or other) so it could get tracked back to you in NC and become a can of worms. Make sure you get some good legal advice and not just all our opinions .

[kgarcia]

First and foremost, check with your lawyer. Don't take anything you find online as gospel truth, even what I'm about to say. Your lawyer will be able to assist you best.

That being said, the final text of the bill, as included in the signed budget, references North Carolina residents, not companies or LLCs:

in part...
A retailer is presumed to be soliciting or transacting business by an independent contractor, agent, or other representative if the retailer enters into an agreement with a resident of this State under which the resident, for a commission or other consideration, directly or indirectly refers potential customers, whether by a link on an Internet Web site or otherwise, to the retailer. ...

Even if you were to set up an out of state LLC, there is room for interpretation that you as the sole owner of said LLC are in fact a resident of NC and therefore subject to this law, but you should really ask your lawyer.

For the full text of the bill, visit http://www.ncleg.net/Sessions/2009/B...ML/S202v8.html and search for "Nexus Clarification"