U.K. Professional Clients
U.K. Private Customers
Deciding on a state: Coddan knows the landscape when it comes to company formation in the USA and can point clients in the correct direction, ensuring that their companies are properly set up to provide a sound foundation for future growth and success. Choosing where to register your company is an early and vital decision. Some may choose to register in the state where they intend to do business, but often businesses operate across states and a different approach is more suitable. Many clients opt to form their company in Delaware, for example.
Choosing the Delaware: the State of Delaware offers many advantages over most other states. The state is small but is home to more than a million companies of all descriptions. This means that company registration is big business in Delaware and the state actually earns about one third of its income from this area. Coddan is well-placed to advise clients on how to take full advantage of the environment offered in the state. We can also advise on the type of company best suited to your needs. The four main types of incorporation in the USA are those of limited partnerships, limited liability partnerships, limited liability companies and corporations; and it is important that your own entity is properly suited to your needs and ambitions.
Getting off to the best start: many investors prefer Delaware registered companies because the state’s company law is so well known. This means that the structure is more likely to suit your business long into the future. Coddan's services can extend to provision of a registered office and we can provide nominee members for limited liability companies or nominee directors if you are forming a corporation. We have been responsible for the successful formation of hundreds of business entities in the USA and our proven services and deep knowledge of this complex area are available to you to make sure your US company has the best possible start.
Company registration in U.S.A. for non-resident customers: if you are not a US resident but are keen to consider, or about to start, trading in the US, the reason for registering a company in the country is simple. Allowing the experienced team at Coddan to undertake LLC formation for you allows you to concentrate from day one on what you really want to do – and that’s trade. Registering with the Secretary of State and incorporation with your own nominated members is so easy. All that is needed is the capital to issue at least one thousand units of one dollar, of which one must actually be issued. Coddan can handle all the work for as little as £175 and you can go find those vital customers. If you need an assistance with a company registration in USA, you can also speak to our business advisors between 9.30am-6.00pm Monday to Friday by telephoning + (0) 207.935.5171 or + (0) 330.808.0089 (national rates).
If you are not living in the USA but wish to form a company there, we can help. With years of company formation experience, we can guide you through all the steps you need to take to start your new business in the USA. When forming a company in the USA, the first thing you will need to do is choose a state of incorporation. While you can select any state you desire, it is advisable to set up your company in the state in which your employees will be located.
Once you have chosen a state of incorporation, you will need to select the type of entity you wish to form. The USA recognises two main types of entity for non-American residents: general corporation, which requires you to pay federal and state income tax on your profits, and limited liability company (LLC), which does not require you to pay federal or state income tax on your profits
Following choosing a structure for your business, you will need to appoint owners and officers. Your owner can be a non-American resident or any foreign company registered in a country that is not on the USA’s terrorist country list. Therefore, if you already own a company outside of the USA, you will be able to list your company as the owner of your USA company and then create a USA subsidiary of your non-USA company. Your officer, on the other hand, must be a non-American resident willing to take on the responsibility for overseeing your company's operations. When you form a company in America, you must choose at least one officer. However, it is perfectly acceptable for you to choose one individual to take on the role of both owner and officer.
Once you have selected your owner(s) and officer(s), you will need to appoint a registered expert, an individual designated to receive and send legal papers on behalf of your business. Your registered expert must be registered with the state in which you choose to set up your business and must be listed in your business' articles of organisation (for an LLC) or articles of incorporation (for a general corporation). If you choose to register a company in America through the team here at Coddan, we can appoint a resident expert on your behalf, should you require us to do so.
The main benefits of registering a company in the USA as a non-resident: as a non resident of the United States of America, the procedure for registering a company in the country isn't that difficult, and the benefits suggest there is very good reason to do so if you are expanding into this market. LLCs (limited liability companies) are very popular for both individuals and business partnerships. This is mainly because of the tax and legal benefits, along with the personal liability protection that come with them. Non US citizens are able to set up or expand their business in the USA and take advantage of these benefits:
1. For non US residents, an ITIN (Individual Taxpayer Identification Number) will be enough to satisfy the requirement for the business to have a taxpayer number. The IRS (Inland Revenue Service) will give these tax processing numbers to those who have to pay US taxes but are not eligible for a Social Security number. Non residents with a business fall into this category.
2. The USA will recognise the following for those who are not a US resident:
A "C" corporation is a legal entity which is also known as the general corporation. This is kept separate from the shareholders, giving them legal protection. In addition to this, a C corporation has to pay State income tax and USA Federal tax on any profits made.
How to register a business in the United States of America: as a non-US resident, forming a company in the US is generally similar to the procedure followed by a US resident. As US citizenship and residency are not required, you will be able to set up your company without jumping through any more hoops than a US-resident entrepreneur. All you will need to do is follow these simple steps:
Choose a state of a company incorporation: when you set up a US company, you will need to register it in a specific state. If you do not intend to have a physical presence in any state, you will be able to register in any state you desire. If you intend to physically operate in more than one state, you can incorporate your company in one state and register it in another state as a foreign company.
Choose your entity type: as a non-US resident, you may choose to set up one or more of the following entities:
1. A limited liability company (LLC)
2. A corporation
3. A non-profit corporation
If you set up an LLC as a non-US resident and your LLC does not generate any business from the US, your profits will not be subject to US tax.
Choose a registered expert: all US companies are required to designate and maintain an expert in the state of incorporation. Your expert may be a person or a company and its purpose is to receive documents on behalf of your company.
Apply for an Employer Identification Number (EIN): whether you set up a partnership, LLC or another entity, you must apply for an Employer Identification Number (EIN) through the Internal Revenue Service (IRS). Your EIN will service you if you wish to hire employees or need to file tax or employment returns.
Whether you wish to set up a partnership, LLC or other organisation, Coddan's company formation packages can help you to incorporate your business with the greatest of ease. Our experienced advisors will talk you through your options, assisting you with reaching decisions on major issues such as the type of entity that best fits your needs and the most beneficial state in which to incorporate.
The taxation benefits of a company registration in America for non-residents: while it may not be considered to be a tax haven, the United States of America offers numerous benefits to the large number of overseas companies that chose to incorporate on its shores. Without question, the taxation system in American is complex, with the rates payable and the rules enforced differing greatly from state to state, so any company considering incorporation needs to think carefully about location.
Two of the most popular places for non-residential companies to set up are Delaware and Nevada because, on top of providing a stable base in one of the most established countries in the world, they do not currently levy any tax against limited liability companies (LLCs).
It is for this reason that almost half of all US companies (including ones such as Coca Cola, Google and Apple) are incorporated in Delaware, with some being able to reduce their taxation liability by as much as 40 per cent. This way of keeping costs in check is perfectly legal and is widely welcomed by the American business community.
Another thing working in Delaware's favour is the fact that this state does not charge personal income tax to non-residents. Quite simply, you can be the director of a company incorporated in the state without having to live there. In addition to the tax benefits on offer, Delaware also has one of the most flexible and transparent legal systems in the whole of the United States, with a Court of Chancery focusing solely on business matter.
Formation requirements of a limited liability company in USA for non-residents: a limited liability company (LLC) is a flexible type of business that combines the characteristics of a corporation and a sole proprietorship or partnership. If you wish to set up an LLC as a non-USA resident, you must adhere to the following basic principles:
Name your business. When naming your business, you will need to follow three simple rules:
1) The name must be different from any existing LLC in the state in which you wish to set up your business
2) It must indicate that your business is an LLC
3) It must not include any words restricted by the state
You will need to register your business name when you register your business.
Appoint an owner and officer. You will need to appoint at least owner and officer for your business. Your owner must be a non-American resident or a company registered in your home country, while your officer must be a American resident willing to oversee your business’s operations. You can choose one individual to be both your owner and officer.
Select a registered expert. A registered expert is an individual registered in the state in which you wish to establish your business. He or she will receive and send legal papers on behalf of your business.
File articles of organisation. Your business' articles of organisation will legitimise your LLC. They will include information such as your business’s name and address, and the names of its members. For most states, you must file your articles of organisation with the Secretary of State. However, other states may require you to file your articles with a different office.
Create an operating agreement. Not all states require you to create an operating agreement. However, if you are intending to set up a multi-member LLC, such an agreement will structure your finances and organisation. Your operating agreement should include percentage of interests, members’ rights and responsibilities, and allocation of profits and losses, to name but a few of the many provisions.
Obtain permits and licenses. Once you have registered your business, you must obtain any necessary licenses and permits. Virtually all businesses require some type of license or permit to operate legally. However, permit and licensing requirements vary depending on the state in which your business is located and the type of business you are running.
We can take care of your company formation in the USA: if you have decided to found a company in the USA, then you probably have a lot to think about and many tasks to complete. There might be premises to organise, staff to hire and products or services to bring to market. It is certainly an exciting time but also a demanding one. With so many pressing jobs to attend to, it is easy to cut corners on the important matter of your company formation administration, but this is one area that should be given proper attention. Structuring your company properly can save you money on tax and make your company more attractive to investors.
With Coddan to advise you, you will be in the best possible position to benefit from informed advice and get the details of the formation absolutely right.
Thinking about locations: the USA is a vast country and its federal structure means that there are 50 different states, and the District of Columbia, to choose from when you think about a location for your company formation. Each state has its own company laws and tax regime and these can make it complex to decide on a registration location for your company. Some states, however, have tried to address these issues, making it easier to form a company and simplifying rules and regulations.
Delaware is one such example. Almost two-thirds of Fortune 500 companies are registered in Delaware, attracted by simplified corporation law. The state is home to more than a million companies and more than half of all publicly traded corporations.
Choosing a company structure: Coddan is fully familiar with the types of company available in the USA and can advise on the benefits and limitations of each. The three main formats are corporation, limited liability company and limited partnership. Coddan has successfully formed hundreds of companies in the USA and can offer the most informed advice on the relative advantages and limitations of each of these company structures.
The benefits of registering a company in the USA with Coddan: the USA is a huge market with massive opportunities for all types of business. It is also a country that values its entrepreneurs and goes out of its way to encourage enterprise. Some states in particular, such as Delaware, have become major centres for corporate headquarters, offering simplified procedures that can see companies being set up in hours rather than weeks or months. The opportunities, then, are staggering, but it is still vital to get things right when setting up your new company. This is the very foundation of your business after all, and if done properly will serve you for many years to come.
The challenges of company formation: the opportunities for businesses in the US are undoubtedly massive, but there are also many different decisions to consider and getting things wrong could be costly and seriously impact the success of your company. Coddan is widely experienced in international company formations and has registered hundreds of companies in the USA. Coddan knows about the legislation, law and tax environments in different states and can advise on the benefits of each.
It is often not just a simple matter of registering your company in the state where you intend to do business or would like to have a headquarters. Instead, choosing the correct state can have fundamental consequences for your tax bill, legal fees and future investors.
Understanding the types of company to be registered: just as choosing the state of your company registration is important, so is selecting the correct structure for your new company. Coddan is well-versed in the pros and cons of all the types of company available in the USA. We know about "C" corporations, "S" corporations, limited liability companies and limited partnerships.
LLC formation in USA with a registered address and registered expert service: forming a company in the USA is an exciting and challenging time, and with Coddan by your side it is sure to be a successful endeavour. There are many decisions to be made that could have far-reaching consequences.
Where would be best to register your company? Should you choose company formation in the state where you intend to do most business, or should you choose a state such as Delaware, that specialises in company registrations and offers many advantages? What is the best type of company structure to meet your needs? Would a limited partnership or corporation be the best for the business or is a limited liability company (LLC) the ideal option?
The benefits of LLC company formation: the LLC is a relatively new company structure in the USA and is designed to offer the best compromise between tax efficiency and liability protection. With a "C" corporation, tax is applied first to corporate profit and then on personal income, effectively taxing directors twice.
"S" corporations improve the situation by allowing profit from the company to flow into personal income, therefore imposing taxation only once. For some businesses and entrepreneurs, however, the "S" corporation structure can prove to be inflexible and restrictive. The LLC not only provides a more efficient tax regime, it differs from a partnership in so much as no member of the LLC is personally liable for the debts of the LLC.
The flexibility of the LLC: the LLC can be thought of as a hybrid type of company, combining the benefits of a corporation and a partnership. Members receive an interest in the LLC, much like shareholders in a company, in return for money property or services. It also has the tax benefits of a partnership and is freed from many of the administrative and legal requirements of a corporation, such as director meetings, annual reports and shareholder requirements.
Company post-formation services in the USA for non-American customers: the services that you are likely to need after setting up a company in the United States will vary depending on the type of company and which state you chose to set it up in. Coddan offers a wide range of post-formation services that can make life easier for anyone establishing their business in the USA, regardless of where and what they wish to operate.
Our nominee services are especially handy if you are setting up a company in a state that requires more than one member for the company type that you are interested in. We can supply nominee directors, nominee shareholders, nominee secretaries and nominee members in exchange for an annual fee. Nominees are also useful if you wish to keep your involvement with the new company confidential. A common reason for wanting to do this is to prevent your competitors from finding out that you are moving into a new market.
Our nominee service comes with a signed, undated letter of resignation from the nominee so that you can recruit someone else to fill their position should you so desire. Nominee members can also be given power of attorney so that they can take decisions on your behalf.
Certain states will require that the new company has a registered address inside the state borders. Coddan can provide a registered office address for an annual fee. This service includes mail forwarding so that you can keep on top of the regulatory requirements that the state and federal governments will impose upon your business.
Coddan has expertise in setting up businesses in states across America. We can offer professional support to help make sure that you meet all of the requirements necessary to keep your company on the right side of the law. These services include accounting and bookkeeping to help ensure that you are able to submit legally satisfactory returns. We also offer more general administrative support.