The United States offers some of the best business opportunities in the world. Kelly Bagla is an award-winning attorney who provides foreign-based business services such as starting a business in the US as a foreigner, choosing the right company structure, choosing the right state to register a foreign corporation, and obtaining EIN.
To assist businesses in taking advantage of those opportunities, I have written an e-book, which provides an overview of what to expect when doing business in the U.S.
Understanding the requirements of doing business in the U.S. is crucial to a successful business expansion strategy.
We assist with selecting the right business entity for you; the opening of a business bank account; drafting various business contracts, including but not limited to Transfer Pricing Agreement, Employment Agreements, Intellectual Property and Inventor Agreements, and Non-Disclosure Agreements.
Most foreign nationals choose to establish a C corporation, which can expand by offering unlimited stock and is typically more attractive to outside investors, even though its profits are taxed twice, first at the corporate level, and then as dividends to shareholders. Forming a business inside the US as a US citizen or naturalized citizen might be very different for a variety of reasons.
For corporate shareholders, the advantages are usually clear: Corporate shareholders typically qualify for a lower dividend rate. Even individual foreign owners are probably best off with a C corporation since the structure will shield them from direct I.R.S. scrutiny.
Of course, C corporation owners pay more for that shield as a result of the double tax. But in many cases, tax planners can use salaries, pension costs, and other expenses to reduce corporate income and eliminate much of the double taxation.
The company’s business should determine where it locates. If one state dominates its market, it’s best off incorporating there as there’s no way to avoid obligations of doing business in, say, California, a famously high-cost jurisdiction, by registering in Nevada or Delaware, two famously low-burden states. On the other hand, if the business will not be concentrated in any particular state, then a Delaware corporation is recommend followed by Nevada. This is in part because of Delaware’s “flexible” corporate law that offers generous protections to shareholders and directors, and also due to its outsider-friendly rules.
An Employer Identification Number is necessary not just to hire workers, but to open a bank account, pay taxes or often to get a business license. We obtain one for you.
In most cases, foreigners with business or investments in the United States should set up a domestic corporation. Consult with experts on tax law in both your home country and the U.S. before taking the plunge, as the rules for foreign nationals can be more complex than if you were a citizen. We help with incorporating your U.S. based business, provide access to a tax professional, draft all necessary legal contracts, and provide counsel on the ins and outs of how to run your U.S. company successful.