Company Registration in the USA

USA – a country that is considered ideal for running your own business. After all, this is where one of the most famous successful businessmen of the world comes from. Our company provides comprehensive assistance with the registration of businesses in the United States for foreign businessmen.

Company registration in the USA is a necessary stage for every businessman who wants to enter the American business arena. Company registration can also be useful for residents and non-residents in tax planning, investment or inheritance. As in other countries, this process hides many difficulties and pitfalls. Each state has its own taxation rules, fees, and laws for registering a business. Some states, such as Delaware or Nevada, are considered more favorable for business registration, because they have more favorable conditions for investors or rules that preserve the confidentiality of the founders. Registering your own business in the United States requires special attention and level of knowledge, which is why we recommend cooperating with a professional specialist,

Stages of company registration in the USA

The first step in preparing to register your own company in the United States is to determine the purpose for which you open it. It may be:

  1. Investment investment for immigration purposes under E-2, EB-5 or L-1 programs.
  2. Conducting commercial transactions without immigration.
  3. Tax planning.
  4. Inheritance planning.
  5. Platform for investment in the United States or outside.

Depending on the purpose, the type of property and the scope in which it will operate is selected.

The next stage is the choice of the state in which your company will be registered. You must familiarize yourself with all the rules and differences of registration of a company in each state. Sometimes it becomes more convenient to choose the state in which the businessman lives, and sometimes it is better to register a company in a state with more favorable conditions. In studying the issue should pay attention to the following aspects:

1. Registration fee.

The amount of one-time fee required to pay when registering a company varies from state to state. For example, the lowest fare is charged in Arkansas, Colorado, Hawaii, Iowa, Oklahoma and Mississippi – $ 50. In Texas, the registration fee is already $ 310.

2. Annual taxes and reports.

Most states charge an annual fee to the owner of the company throughout its existence. Usually, along with this annual tax must submit a report. The size of the annual fee can range from $ 9 (New York) to $ 325 (Nevada). At the same time there are states that do not require an annual report – this is Ohio and Alabama.

3. Franchise tax.

In some states, there is an additional tax that is paid upon registration of a company that is open for franchise. The method of calculating this tax usually depends on the income of the company. For example, in California the minimum tax is $ 800 and is paid, even if the company has no profit. But in Nevada and Wyoming there is no franchise tax at all.

4. The judicial system.

In Delaware and some other states, there is a special court for resolving business disputes, in which the judge passes the verdict, not the jury. This is one of the reasons why Delaware is considered a favorable state for business registration in the United States.

5. Investors.

Many investors prefer to invest in a business established in their state or in a state with clear rules and precedents on legal issues important for banks and investment companies. For example, venture funds prefer to work with firms registered in Delaware. Many customers believe that the Delaware is an ideal option for themselves, however, depending on the goals of the project, conditions in another state may be most beneficial.

6. State income tax.

In the US, there are states that do not levy corporate income tax at all – Nevada, Ohio, South Dakota, Texas, Washington and Wyoming. However, Ohio, Texas and Washington levy a different type of tax on corporations, which is calculated from the total turnover of the firm. In this case, if you register a company in Nevada to avoid income tax, and your company itself will work in California – you will not be able to avoid California taxes. Taxes will be levied on each state in which the firm is located and operates.

7. Disclosure and confidentiality.

The United States is one of the most trusted countries to hide confidential information. For example, previously, states such as Nevada and Delaware concealed all information about company owners under the privacy law. However, now they have set the course for softening the rules and hiding confidential information has become much more difficult. At the same time, we must not forget that, by registering a company in the state as a foreign legal entity, you will have to provide the state with all the information about its owners.

In the long run, it often turns out that the states that look the cheapest for registering a company turn out to be less profitable over the years in business. After a thorough analysis of the information and the choice of staff for registering a business, it is necessary to proceed to the process of preparing the necessary set of documents:

  1. The address of the legal registration of the company.
  2. The passport of the founder of the company, if it is an individual. If the founders are legal entities, it is necessary to provide the constituent documents of the company and the decision to establish a company in the USA (translated into English and notarized)
  3. Applying for company registration with state secretary.
  4. Submission to the state secretary of the list of the Board of Directors and the Charter.
  5. Select a registered agent.

Our company provides comprehensive assistance in registering a company in the United States. AmLaw Group specialists provide advice on the differences in business registration in each state, helping to determine the staff in accordance with the client’s purpose, and also helps to register a legal address, create the necessary set of documents, issue a tax number, open a corporate bank account and provide tax optimization services. Our registration agents are highly qualified in the field of business planning and have extensive experience working with corporate laws of the United States of America.

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