Startups Stack Exchange Archive

Startup with Mailing Address in a different state

• posted by: Karlson on 2014-07-30
• tagged: united-states, taxes, pennsylvania, new-york
• score: 4

My company is registered in the state of Pennsylvania in the US and I plan to open a Post Office box for my company in the state of New York.

Will this count as physical presence in New York for the purposes of taxes?

Answer 42

• posted by: Delicia Brummitt on 2014-07-30
• score: 3

Based on

1. This post
2. The Startup NY eligibility page
3. The questions in the Startup NY Contact form

I believe that it takes more than a simple PO Box to qualify for the NY Tax rates. It appears the NY goal is to generate revenue via the individuals brought in/employed by start-ups.

Answer 41

• posted by: Matthew Haugen on 2014-07-30
• score: 0

This is a difficult question to answer. Having the P.O. box alone would probably not be sufficient to constitute an in-state physical presence, but the box in conjunction with a lot of business done in New York might be.

You’d have to do arguably-extensive research into New York case-law to really come to a conclusive answer on that. It’s a fairly subjective matter, law, so it’s hard to say, but your best bet might be to speak with an attorney, or even perhaps a tax accountant with specific experience with New York laws.

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