Author: Mike Hanes

Building a company of your own is not an easy task, specifically if it’s abroad. The US is a busy country and has so many races surviving there because of its acceptance towards young companies and startups. If you are living outside the US and wish to start a company in the US (either to open a US bank account and/or merchant account, open a physical US branch or any other thing), then this article has created this step-by-step resource to explain this process accurately, show you exactly what you need and how this article can assist you. You might want to learn that the term Incorporate Means to form a Corporation While the term Form an LLC means to form a Limited Liability Company(LLC) which is further explained below. Business entities are asked to get an Employer Identification Number (EIN)

To create a Corporation (Inc) in the United States, we will firstly file documents called Articles of Incorporation or Certificate of Incorporation as a legality. If you’re looking for an LLC version of these documents, they are called Articles of Organization or Certificate of Organization (these documents may have different names depending upon whatever state you select). Also, the term entity is picked to describe a business that is not an individual and can apply either to a Corporation or an LLC both. You can be opening your company in the US from India as well.

If you’re wondering how to start a business in California then you may search for the appropriate idea first by looking into the area’s most sold stuff, have constructive plans and register your business. To Register a business name in Texas hire a professional Registered Agent for this and File the Articles of Organization with the Texas Division of Corporations.

Here are the steps you may require to set up in any city of the US.

Choose Which Type of Business Entity you want to Form: Corporation or LLC

Pick the State to Form Your Corporation or LLC

Fill the Requirements to Form a Corporation or LLC in the USA

After Forming a US Corporation or US LLC

Maintaining Your US Corporation or US LLC

1. Choose Which Type of Business Entity you want to Form: Corporation or LLC

If any of the owners of the company (known as Shareholders of Corporations and Members Of LLCs) are not officially US Citizens, then there are options for you to form either a Corporation (also called a C-Corporation Or Regular Corporation) or an LLC. There’s one more entity type known as S-Corporation but that entity requires all shareholders to be US Citizens.

2. Pick the State to Form Your Corporation or LLC

In the US, Corporation or LLC can be formed in any of the 50 States of the country or Washington DC. Whatever state you choose will be depending upon why you are forming the company. Some of the US states are more business-friendly or international-friendly than others, specifically Delaware, Nevada and Wyoming. Registering a company in Delaware is comparatively more feasible than other states.

3. Requirements to Form a Corporation or LLC in the USA

Once you’ve concluded what type of company you’d like to form and which state you will be forming the company in, there are only a few basic requirements you might need.

These include:

1. Choose your Company a Name
2. Get a Registered Agent
3. Arrange Names and Addresses of the People/Companies Involved (Officers, Directors, Members, etc.).
4. Federal Employer Identification Number (not necessary)
5. Apostille or Certificate of Authentication (not necessary)

4. After Forming a US Corporation or US LLC

After your Corporation or LLC has been filed, there are other tasks you might want to do typically depending upon your requirements and the purposes of your US company.

1. Arrange a US Physical Business location or Virtual Office address
2. Get a US Bank Account for non resident
3. Get a Bank Account in Your Home Country as well
4. Get a US telephone Number
5. Construct a Website and Company Logo
6. Get a US Merchant Account (to Accept Credit Cards)

5. Maintaining Your US Corporation or US LLC

Maintaining your Corporation or LLC in the US is fairly easy, you might only need to:

1. File an Annual Report.
2. Maintain a Registered Agent.
3. Meet Your Home Country Requirements punctually
4. Pay US Taxes following legal requirements (if required).

6. International Tax Planning – to ensure all domestic and overseas tax and legal compliances related to disclosure and tax filing/payments are done properly with prior planning under FATCA, FEMA, IRS/RBI, DTA treaties, Transfer Pricing etc

The United States has a complex system of federal, state, and local levels of taxation. And when surveyed it looks the Organization for International Investment, CFOs of US subsidiaries of foreign businesses agreed that improving the tax system is the number-one action that would strengthen the United States as an investment location. So we think we can comfortably say that the US tax system is one aspect of doing business in the United States that requires careful navigation. Further, current debates regarding US tax policy and reform and ever-evolving legislative activity combine to create a challenging environment for companies doing business in the United States¾but also unique opportunities. We have experienced in taxes for non US Companies with Substantial US operation,  particular challenges and opportunities . It is often frustrating, but always rewarding, to overcome the confusion and complexity, and identify the critical insights that will enhance business performance and effectively manage risk. OCP Biz has extensive experience in regard to US operations of foreign businesses to provide a broad understanding of the basic tax implications of business operations in the United States, as well as to offer helpful observations into the tax consequences for foreign companies.  We believe we can serve you better and save lot of hassle to do proper tax planning.

Doing business is foreign company can become a piece of cake, if you comply with all legal compliances. As professional services, we provide you A to Z service from Opening a company in USA to filling all your taxes. We give you advices as and when required. Need a tax expert advice please contact us info@ocpbiz.com

Starting a business in a foreign country might be easier than you think, when you have proper knowledge of industry, market, economic situation.
Long ago, taking advantage of market anomalies in distant parts of the globe usually involved lot of hassles like lack of knowledge for economic situation, personal knowledge of specific industry, market research from distant place but these days, starting a business overseas might actually be much easier, less risky, and more economically sound than setting up a business in your home country. There are ample opportunities in emerging markets for entrepreneurs and small (or large) business owners with a skill set that is distinct from that of the local population.
So, now question arise where to register Company. Accessing the Western marketplace is the key to success for many businesses around the world. The Most effective and reliable way to enter global market is with a US company, to take advantage of the world’s largest, best integrated national market at the lowest tax rate. Even your company will be considered as MNC and will be easier to get brand associated with US Company.

CAN YOU SETUP COMPANY IN USA, BEING FOREIGN NATIONAL

“Yes, You Can!” Every day, foreign nationals are setting up US businesses, from major enterprises to small shops. Setting up a company in the US as a non-resident is simple when you have the help of team Skilled in Business Setups like Company formation, Obtain EIN for foreign entity, Bank Account setup, international taxes etc. Here, we help from A to Z for your company, you just focus on market and expanding the business.
So let’s discuss what are advantages for foreign national with a US Company
• Seek higher profit margins on same product or services
• Faster collection and higher liquidity in western market
• Business name, products, Intellectual properties are much secured
• Easier to enter in the global market and sell in the US market, from a customs and tax point of view
• Access the capital markets in the US for venture capital, angel investors and public markets
• Enhance the reputation of your company, both to US customers and many markets overseas
• Easier to get a visa to work in the US (though acceptance is NOT guaranteed)
• Possibly you can reduce your taxes on US-source income with proper tax planning

Incorporating a business is a smart way to reduce individual liability by creating a separate business entity. There are different types of Company incorporations. Each one of these options has its own set of benefits and drawbacks. Once you’ve decided on the structure that most benefits your organization, you still have to decide where to incorporate your business.

Incorporation laws are state-level legislation, which means that each state can make its own laws about the requirements, fees, and tax responsibilities for businesses incorporated within that state. Your experience will vary depending on the state you choose to incorporate in.
Incorporating your business creates a separate business entity from you or your partners. Even though there are costs associated with incorporating in different state, if the other factors are favorable to your business, you might make out better in the end.
How to determine which state to incorporate the business, there are a number of factors that are going to determine whether you have a smooth or bumpy ride. The best state to incorporate in is determined by the formation fees, annual filing fees, taxes, and legal structure, privacy protection and business laws. We’ll go through each one of these paying special attention to which states rank high for each category and which ones bring up the rear.

• Legal System

Best Legal System for Corporations: Delaware, Nevada, and Wyoming
Worst Legal System for Corporations: Mississippi and New Mexico
The corporate laws in a state can affect the experience of owning a business there. Delaware, for example, is known for having the best business laws in the country. The state has a Court of Chancery, which hears corporate case laws instead of a jury of citizens. This is completely unique to Delaware. Corporate cases are handled more quickly and more efficiently there. You will be dealing with a court that is only handling business manners instead of waiting for your case to be seen on a general docket. You will also be in courtrooms with judges who are well-versed in business law and procedures. The result is that legal costs can be much lower in Delaware than in a state with less business-friendly laws.
Since Delaware has become known as the most corporate-friendly state in the country, it has become one of the most desirable states to incorporate in. In fact, the Delaware Division of Corporations claims to be home to 66 percent of the country’s Fortune 500 companies. Many serial investors will insist that a business is incorporated there before cutting you a check. The reason is that the overall risk is much less where the business laws are predictable and favorable.
Delaware has some competition, though. Both Nevada and, more recently, Wyoming are becoming well known for the same legal benefits for corporations. On the opposite side of the fence are those states that aren’t quite as business-friendly in their legal structure. According to a 2017 CNBC roundup of best and worst states for businesses, New Mexico and Mississippi both ranked very low on the list for business friendliness.

• Formation Fees

Best States for Formation Fees: Arkansas, Colorado, Hawaii, Iowa, and Mississippi
Worst States for Formation Fees: Connecticut, Texas, and Massachusetts
Let’s start with the first costs associated with incorporating a business: the formation fees. These are the one-time fees you pay to the state when you apply to incorporate your business there. Filing fees vary by state and you can find the most current requirements on each state’s Secretary of State website. Keep in mind that these are in addition to any fees charged by professional companies.
How much the formation fees factor in your decision to incorporate in a state depends on how much you can contribute for start up cost. If you’re counting every penny during start up, the formation fee may be a very big deal. But, it’s also only a one-time fee, so the long-term effects on your bottom line are minimal. In most cases, formation fees are less of a factor than filing fees.
Formation fees can range from $50 to $455. The states with the lowest formation fees are Arkansas, Colorado, Hawaii, Iowa, and Mississippi. The ones with the highest fees are Connecticut at $455, Texas at $310, and Massachusetts at $295.

• Annual Filing Fees

Best States for Annual Filing Fees: Alabama and Ohio
Worst States for Annual Filing Fees: Nevada, District of Columbia, and Maryland
The formation fees are just the beginning of costs required to incorporate your business. Each year you will also be required to file a one-page report with a filing fee, which will vary depending on the state. (In some states, it’s actually required every two years and is therefore called a biennial report.) This report is to keep the state informed about any changes in your business, including the principal address, authorized signatories, and the number of stocks issued by the business.
Currently, the only states that don’t require regular filings are Alabama and Ohio. Over the course of the life of your business, you can save a lot in terms of money and time from not having this yearly obligation. On the other end of the spectrum, Nevada has the highest annual filing fee, topping out at $325. The District of Columbia has a $300 fee. Maryland’s filing fee is based on business income but the minimum is $300.

• Taxes

Best States for Corporate Taxes: Nevada, Wyoming, and South Dakota
Worst States for Corporate Taxes: District of Columbia, New Jersey, California, Minnesota, and Rhode Island
Taxes are a huge factor in determining the best state to incorporate in. The less you pay in taxes, the more your business can keep for running costs and profit. There are different types of taxes to consider—state income taxes, corporation taxes, and franchise taxes. Corporation taxes are levied on C-corp. LLCs might be affected by either type of taxes. Franchise taxes are for the privilege of operating and existing within a state that recognizes these types of taxes. You can find more information on taxes.
Nevada, Wyoming, and South Dakota all rank high for best tax laws because they do not have state income tax or corporate taxes. However, keep in mind that this only works for businesses that operate within those states. While you might incorporate there, if you operate your business in another state you will still be subject to that state’s tax laws. On the other hand, the District of Columbia has some of the highest personal and corporate income taxes in the country. New Jersey, California, Minnesota, and Rhode Island are not far behind.

The Bottom Line
These factors can all have long-term effects on the success of your business so it is important to at least consider them when making the decision on where to incorporate. But ultimately, the best state to incorporate in depends on where your priorities lie. If you are courting investors or considering your legal options, the legal structure is the most important factor. Are you worried about the potential costs associated with yearly obligations of filing in a certain state? Then the annual reports and filing fees will be your priority.
No matter what your perspective might be, do your due diligence on the state you are considering for your corporation. As always, it’s a good idea to get the advice of a professional advice who can guide you in making the right decisions for your business.