Starting a business in the United States is simple, fast and above all inexpensive. Even if you’re not American or you do not live in the United States, there are few restrictions and entrepreneurship can be accomplished in some cases the same day with no minimum contribution. You can own a corporation or partnership without necessarily being temporarily or permanently in the United States. One of the States whose conditions are more favorable on the business creation is Delaware. In addition, people because of their non-resident status (live on American soil less than 180 days per year) are generally exempt from income tax; it is the company that is taxed. Thus, companies that aim to open branches in different states begin by implementing the parent company in the State of Delaware that hosts the headquarters of most of the U.S. companies. Company Law of the State of Delaware provides the following steps:1) Choose a legal structure.2) Name your business: Make sure your choice is available, that is to say, that it is not already used by another company for the same activity and that it does not allow the consumer to be confused (sounding similar for a similar activity). You can reserve the name before filing documents forming your business. It is strongly advised that if you want to establish your trademark or obtain a new trademark in the United States, you must file it at the USPTO (United States Patent and Trademark Office).3) Hire a registered agent. This provision is mandatory. The agent will receive all important legal and tax documents and act as a real agent.4) Save the documents of the company in formation of the entity of your choice (for example, for a “corporation” you need the “Certificate of Incorporation “).5) Get a business identification number (EIN) from the Federal Tax Service (Internal Revenue Service). This number is required to be taxable and for opening a bank account in the name of the company.6) Each state may have other additional steps to accomplish. Tax in the U.S. is triple at the federal, state and city levels. Thus, for example, a company based in Manhattan will have to pay tax to the IRS, the State of New York and the city of New York. The IRS and state tax services establish other conditions to be met when creating a company (the leader must decide, for example, between a C or S Corporation).It should be noted that for non-green card holders, owning a S corporation is not possible, therefore the tax election will depend on the type of company created. Each company has different tax implications at the federal law level.
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