Accessing the US marketplace is the key to success for many businesses around the world. Setting up a company in the US as a non-resident is simple when you have the help of a team skilled in company formation, foreign trade, international tax, real estate and all integral levels of the supply chain.
In the U.S. the most common types of business entities are Corporations or Limited Liability Companies (LLC).
Corporations have to file at least a federal tax return each year. Many states also require an annual tax return as well.
Limited Liability Companies (LLC) can be flexible and complicated cause under the detault rules, an LLC with one member does not exist for federal tax purposes, and an LLC with more than one member is a partnership. If it files an IRS form, an LLC can become a corporation for tax purposes. Some states follow the federal rules, and many do not. Depending of your goals and a deep analysis of your company an personal structure outside the U.S., we can advise you what type of entity will be the best for your company formation.
You can incorporate in the state where you are doing business, or you can incorporate in another state. Incorporating in the same state as your business is cheaper. Sometimes incorporating in another state has more benefits, but will always cost more.
The key thing to know is that you must be registered to do business in the state where your business is located. If you incorporate in the same state where your business is located, then this is automatic. If you incorporate in a different state, you will have to register your company to do business in the state where your business is located.
In making the decision of where to incorporate, there are two primary factors to weigh: your budget and your goals. The decision typically is between incorporating in the state of operations and incorporating in Delaware and registering the company in the state or states where the company will be doing business.
If the corporation is a closely held company that does business primarily within a single state, local incorporation is typically the best decision. The cost of local incorporation will usually be less than incorporating in another state and qualifying to do business as a foreign company in that state.
A registered agent, also known as a resident agent or statutory agent, is a business or individual designated to receive service of process (SOP) when a business entity (such as a corporation or limited liability company) is a party in a legal action such as a lawsuit or summons.
Having a registered agent and registered address within the state of formation is a requirement to form a new company. When an existing company applies for authority to do business in another state, it will also need registered agent service in that other state. The registered agent’s address may also be where the state will send annual reports, annual tax notices, or other notice, for the yearly renewal of the business entity’s charter.
The registered agent for a business entity may be an individual member of the company, or (more often) a third party, such as the organization’s lawyer or a service company. Failure to properly maintain a registered agent can affect a company negatively by leading to a loss of good standing status and ability to legally carry on business.
We offer the service of mail forwarding for overseas companies that need a brick mortar address to receive mail and official documents. Your mail will be received in our address in Manhattan and forwarded by scan/email of forwarded unopened though courier service at your convenience.
If your new company needs a low-risk, high-value way to test the US market, or requires a presence in New York City, but isn’t in need of a full office, our Virtual Office service is the right choice for you. We offer a prestigious Lower Manhattan address with added value services like mail forwarding, phone number, conference room and much more.
