When foreign qualification is required
- US-based employees working in another state on W-2
- Fixed physical office or place of business in another state
- Substantial inventory storage (some states; FBA warehouses can trigger in some scenarios)
- Regular continuous in-state operations
- Significant property ownership in another state
- Active sales activities physically conducted in another state
When NOT required
- Selling to customers in other states from outside the US (most non-resident operators)
- Online sales without physical presence in the destination state
- FBA inventory in Amazon warehouses (most states; some are aggressive)
- Independent contractors in other states (depending on relationship)
- Occasional sales activities
Process
- Request Certificate of Good Standing from Wyoming SoS ($20)
- File Application for Authority (or equivalent) in target state ($50 to $500 filing fee)
- Appoint registered agent in target state
- Pay target state's annual report fee thereafter (varies)
- Comply with target state's tax and other regulatory requirements
- Process typically takes 1 to 4 weeks per state