Entity Set Up

 

We assist clients with US company establishments and advice on the choice of an appropriate US state in which to establish an entity.

The type of entity chosen should always take account of the tax implications which arise.

If you are a non-citizen, there are many decisions to be made and our advisors have the experience to help you get your enterprise off to the right start.

 
 

 

CHOOSING AN ENTITY

Your first step is to select the best entity structure for your business. Each entity type offers benefits to your business in terms of operation and taxation. Non-residents follow the same steps to set up business entities, but also need to consider getting visas, opening bank accounts, and international tax laws.

 

PARTNERSHIP


A partnership structure includes two or more people who agree to share the profits and losses of the business. Partnerships are treated as “pass-through” entities, which means that all profits pass through the business to the partners, who in turn pay tax on those profits as personal income. Each partner is liable for any losses incurred by the business, which is one of the drawbacks to this particular structure.

 

CORPORATION


Corporations are completely separate from the people who own the business. Corporations, also referred to as C-corporations, are taxed and held liable for their profits, losses, and actions. In addition to corporate taxation on profits, any dividends paid to shareholders are also taxed at the personal level. This potential double taxation is sometimes considered a drawback.

 

LLC


An LLC is an option similar to a partnership in that profits are passed through to the owner or owners, but the owners are protected from personal liability for the business.

 

S-CORPORATION


There is an alternative corporation structure called an S-corporation, which can elect to be taxed as either a C-corporation or an LLC.

 

CHOOSE THE BEST OPTION FOR YOUR BUSINESS

Based on the goals you have for your business and your personal situation, we will provide advice and guidance on the best entity type for your business.

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CHOOSING A STATE

Some US states have a reputation for being more business friendly than others. Delaware, Nevada, and Wyoming often come to mind. Utah also frequently ranks highly in lists of the best states for business.

Each business, and business owner, has different needs and therefore careful consideration is necessary.

Some of the points to think about while making this decision include:

  • Taxes
  • Government economic incentives
  • Minimum wage requirements and the local labor market
  • Your plans for future growth and development

LICENSES AND VISAS

If you are a non-citizen, you will need to take care of other details to establish your business in the US.

While it is possible to establish and run a US based business from outside of the country, depending on the legal entity structure you choose and the level of involvement in the day to day running of the business, you may need to attain a visa to work in the US.

The Department of Homeland Security publishes a list of visas and guidance on which visa is the most appropriate in a given situation.

 
 

SET UP YOUR BUSINESS RIGHT FROM THE START

We will help you navigate the often complex US landscape and provide practical advice so you can make informed decisions when setting up your business in the US.

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ADDITIONAL SERVICES WE CAN HELP YOU WITH

 
 

TAX PREPARATION SERVICES


Our team provide preparation and filing services for your income tax including Forms 1120, 1099, 1065 and State tax returns. We also assist with your W-2 and Schedule K-1 Forms and lodgement extension requests.

 

TAX ADVISORY


Tax issues involve structuring, tax planning, payroll, accounts, income tax, state taxes, federal taxes, international taxes, succession planning and more. We provide proactive, tailored tax advisory services to really help your business grow.

 

USA OUTBOUND TRANSACTIONS


When your business invests overseas you need a tax team with a global perspective and experience in international taxation. Our team has a solid understanding of this complex area and connections with global partners that provide local expertise.

 

LET US GET YOUR BUSINESS STARTED

Contact us now for an in-depth assessment of your business needs. We will help you understand your options and complete the essential forms and filing requirements to get your entity setup.

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NEWS AND UPDATES

 

US Taxpayers given some Reporting Relief on certain Foreign Trust Investments


10th Mar 2020
Jurate Gulbinas

Section 6048 requires US taxpayers to make an annual report regarding financial or asset transfers in relation to the receipt of distributions from foreign trusts Taxpayers can be penalised if they...

 

Making a check-the-box election as a foreign corporation


4th Mar 2020
Jurate Gulbinas

This article relates to foreign business founders with an active business, who are moving to the US There is a risk that foreign earnings may be double taxed when your organisation is taxed as a US...

 

Online Business with No Physical Presence May Be Liable for US Sales Tax


29th Nov 2019
Jurate Gulbinas

In our previous article on the topic of sales tax in September 2018, titled “Understanding Sales Tax in the US” Click here to read the post, we discussed the ways in which US states themselves...

 

US Taxpayers given some Reporting Relief on certain Foreign Trust Investments


10th Mar 2020
Jurate Gulbinas

Section 6048 requires US taxpayers to make an annual report regarding financial or asset transfers in relation to the receipt of distributions from...

 

Making a check-the-box election as a foreign corporation


4th Mar 2020
Jurate Gulbinas

This article relates to foreign business founders with an active business, who are moving to the US There is a risk that foreign earnings may be...

 

Online Business with No Physical Presence May Be Liable for US Sales Tax


29th Nov 2019
Jurate Gulbinas

In our previous article on the topic of sales tax in September 2018, titled “Understanding Sales Tax in the US” Click here to read the post, we...