How to incorporate a company in the USA. The “10 keys”

05.08.2017

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How to incorporate a company in the USA. The “10 keys”

USA is the dream of every Spanish businessman. The US is the market in which every entrepreneur wants to start their business. In the vast majority, they come in search of fortune and business success. To what is due? For other reasons, the ease of investment. In addition, the procedure for setting up a partnership is extremely quick and simple.

However, creating a company in the United States requires compliance with certain requirements. So, some preliminary questions to ask are: What structure do I choose for my company? What budget do I need? What kind and how much staff do I need? How can I register the company and what does it cost?

Here’s how to create a company in the US: The “10 Keys”.

To create a company in the US, it is not necessary to be a US citizen or resident.
Business Visa: To start a business in the United States with a physical presence, you must obtain a visa or residence permit. Some types of Business Visa are:

B1: Business Short-term Visa: It is temporary and does not allow signing contracts, but it can negotiate them.
EB-5 – Investor Green Card Program: An investment of $ 500k – $ 1M is required to obtain this license. In addition, it requires contracting 10 US residents within 2 years. Finally, the company has to stay in the US for a minimum of 5 years.
Inverter visa E-2. These visas have an initial validity of two years, and then must be renewed every two years.

Business Visa can be requested in person at a US Embassy, ​​or online at https://ceac.state.gov/genniv/.

It does not require a minimum capital to constitute the company, nor that the employees are American. It is enough with an address in the country and a phone number.
You must open a bank account with a financial institution that operates in the United States.
Choose a corporate structure according to your business idea. The US government has a body that serves as a guide to choose the type of business structure.

We attach very briefly the most important, but we can help if you send us an email to a.furio@ilpabogados.com

Main Corporate Structures in the USA

Thus, the main corporate structures are:

Sole Proprietor (Sole propiertorship): It is the simplest and cheapest structure and does not require many requirements. The owner has unlimited liability.
Corporation (Corporation): These are independent entities of their owners. Shareholders only have responsibility for what they have invested in society. There are two types of corporations (Class “S” and “C”) and are differentiated by the tax obligations to which they are listed.
Limited Liability Company: This is the most flexible business structure. Thus, it is presented as a combination of corporation and limited partnership.
Partnership: It is formed by two people or entities that own and manage the company. Partners share profits, losses and management. In addition, taxes are the sole responsibility of the partners.

State competence, not federal

Companies must be established and registered at the state level. That is, the process is not the responsibility of the federal government, but falls on each of the 50 states that make up the nation.

The process may vary depending on the particularities of the legislation of each state.

Usually, the procedure starts by requesting the registration of the company in the state registry, and the appointment of a registered agent. The function of this figure is to act on behalf of the company. By way of example, it is in charge of the reception of legal documents (demands, embargoes, subpoenas …)

The agent must necessarily have a postal address in the company’s registration status.

It should be noted, that the agent can be the owner of the business. And also, it can be a third party with authorization to receive legal documents in the name of the owner.
Name of the Company

With respect to the corporate name, it must register it in the competent body according to the State in which it intends to establish itself. Therefore, you must request a negative denomination certification to ensure that the name has not been previously registered.

Taxes

In general, all companies pay the federal tax of 35%. In addition, state and local governments can also impose income taxes, ranging from 1% to 12%.

Licensing

9. You must identify the commercial licenses that are required depending on the industry to which the company is going to be dedicated. Although, the type of licenses differs depending on the state in which the company is established.
Where to locate the company for the establishment of the company.

Depending on the place where the company is created, the conditions differ. For the most part, entrepreneurs choose areas where the cost of setting up a business is low. However, there are other factors to take into account, such as tax regime. Some of the States with the best conditions to create your company are: Delaware: Provides great flexibility as well as a low corporation tax for small businesses . In addition, there is no Value Added Tax. Many investors demand that the company be located in Delaware Nevada: Businesses in the tourism, mining, and manufacturing industries abound. It is considered a tax haven. There is no corporate tax at the state level. Nor are there any taxes on corporate actions. Despite the above advantages, Nevada is one of five states where a commercial license is required. California: Ideal for many entrepreneurs, especially for the technology sector. The main advantage of this state is the flexibility in the composition of the management body of the company. The state requires that there be a president, a director of finance, and a secretary. But in California, only one person can perform all of the above charges. In addition, it is not necessary to identify the shareholders of the company, and may remain anonymous. Finally, California corporate taxes are 9%.

Conclusion if you are interested in starting a business in the US, you should take into account the above information. The corporate structure and location will be key aspects to take into account for the constitution of the entity. For more information, attach the following link: How to create a Company in the US.

ILP Abogados http://www.ilpabogados.com No vanalices el asesoramiento. Ni tu proyecto es como los demás, ni los asesores son iguales