As a non-resident to open a business in the United States: where to register a company - ForumDaily
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As a non-resident to open a business in the United States: where to register a company

Фото: Depositphotos

Read the first article of the cycle: As a non-resident to open a business in the United States: the choice of the type of company

So, we continue to figure out how a non-resident can start a business in America. Once you have chosen what type of company to open, the question arises - in which state to register it.

The standard answer to this question is “Delaware!” (Delaware). If you look at the documents of many public corporations, then this state can be seen as the place of registration. But the point is not that in Delaware the lowest taxes are the corporate tax in this state of 8,7%. Well-established and understandable court practice in the area of ​​corporate disputes is what makes Delaware so special for investors. Therefore, many companies re-register in this state when they go to IPO.

But if not Delaware, where is it? As of 2015, the following states had no corporate tax: Wyoming, Nevada and South Dakota. Ho you must bear in mind that if you plan to conduct business in another state, not where registered in California, for example, this state may regard you as its resident and demand payment of taxes in accordance with its local law .

Legally, the physical presence of your business in the state is called nexus. Each state has its own understanding of nexus - so it’s important to make sure that you follow the necessary requirements for physical presence in the state before registration.

So, in the state of Wyoming, the following understanding of nexus: your company must be registered with the state, its main address must be there (the registered agent address is appropriate), you must have a phone with local 307 code, and your phone must be in the 411 directory; In addition, you must have a bank account in the state.

In turn, in the state of Delaware, you must complete a questionnaire from 57 questions to confirm your nexus.

But the modern judicial practice in California is such that if you pay wages to at least one employee in this state, then you are a California tax resident.

Therefore, when considering the question of where to register a company, you must take into account in which state in reality you will conduct your business, and take into account the requirements of such a state for nexus and local taxes.

After selecting a state for registration, the company needs to familiarize itself with local permits and licenses requirements. Usually this information is described in detail on the state website. The availability of permits and licenses is directly related to your ability to conduct business in this state, so take these issues seriously and thoroughly examine the issue.

So, let's summarize. When choosing a state of registration you need:

1. Deciding on the type of business and its physical presence in this state is to know the local requirements for nexus.

2. Find out the local tax law and its requirements in the implementation of physical and / or online business.

3. Be prepared to visit the state at least once to open a bank account. As practice shows, most banks require the physical presence of a person who will be the main owner of the company's account.

4. Find a reliable registered agent (registered agent) in this state - because it will ensure your communication with local and federal authorities.

This material does not constitute written tax advice or legal advice. Any information from this material is not created for use by the taxpayer in order to avoid any sanctions imposed on the taxpayer, and also can not be the basis for consultation by third parties. Please always consult a professional service before taking any action based on the information from this material. Keep in mind that information may be outdated at the time of reading, and we do not undertake to guarantee the updating of information. Copyright www.Solven.pro. Xnumx

Original article published on the site Solven.pro.

See also:

Five ideas for female business from Russian immigrant women

How to open a successful small business in the United States. "Russian" stories

How Ukrainian built in the US business worth $ 250 million

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