The USA is the dream of every entrepreneur. The US is the market in which every entrepreneur wants to start his business. For the most part, they go in search of fortune and business success. To what is due? Well, among other reasons, the ease to get investment. In addition, the procedure for the creation of a company is extremely fast and simple.
However, creating a company in the United States requires compliance with certain requirements. So, some previous questions that we must ask ourselves are: What structure do I choose for my company? What budget do I need? What type and how much staff do I need? How can I register the company and what does it cost?
Below, we show you how to start a business in the US: “The 10 keys”.
- To create a company in the US, it is not necessary to be a citizen or American resident.
- Business Visa: To start a business in the United States with legal physical presence, you must obtain a visa or residence permit. Some types of Business Visa are:
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- B1: Short-term business visa: It is temporary and does not allow you to sign contracts, but you can negotiate them.
- EB-5 – Investor Green Card Program: To obtain this license, an investment of $ 500k – $ 1M is required. In addition, it requires hiring 10 US residents within 2 years. Finally, the company has to stay in the US for a minimum of 5 years.
- E-2 inverter visa. These visas have an initial validity of two years, and subsequently they must be renewed every two years.
You can apply for the Business Visa in person to a US embassy, or online https://ceac.state.gov/genniv/.
- It does not require a minimum capital to establish the company, nor that the employees are American. It is enough with an address in the country and a telephone number.
- You must open a bank account in a financial institution that operates in the USA.
- 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 ones, but we can help you if you send us an email to info@alanync.com
Main Corporate Structures in the US
Thus, the main corporate structures are:
- Sole propiertorship: It is the simplest and cheapest structure and does not require many requirements. The owner has unlimited liability.
- Corporation: They are entities independent of their owners. The shareholders only have responsibility for what they have invested in the company. There are two types of corporations (Class “S” and “C”) and are differentiated by the tax obligations to which they are subject.
- Limited Liability Company: It 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. The partners share benefits, losses and management. In addition, taxes are the individual responsibility of the partners.
State competition, not federal
- Companies must be created 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.
In general, the procedure begins with 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. As an example, it is responsible for the reception of legal documents (demands, seizures, citations …)
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 on behalf of the owner.
Name of the Company
- Regarding the corporate name, you must register it in the competent body according to the State in which you intend to establish it. Therefore, you must request a certification of negative denomination to ensure that the name has not been previously registered.
Taxes
- In general, all companies pay 35% federal tax. In addition, state and local governments can also impose rates on income, ranging from 1% to 12%.
Licenses
- You must identify the business licenses that are required depending on the industry to which the company will be dedicated. Although, the type of licenses differs depending on the state in which the company is established.
Where to locate the company
- The location is a key aspect 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 in which the cost of creating the company is small. However, there are other factors to take into account, such as the tax regime.
Some of the States with the best conditions to create your company are:
- Delaware: Provides great flexibility, as well as 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: Companies from the tourism, mining, and manufacturing industries abound. It is considered a tax haven. There is no corporate tax at the state level. There are also no taxes on corporate actions. Despite the above advantages, Nevada is one of five states in which a commercial license is required.
- California: It is 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 finance director, and a secretary. But in California, only one person can perform all the previous charges. In addition, it is not necessary to identify the shareholders of the company, being able to remain anonymous. Lastly, California’s corporate taxes are 9%.
Conclusion
In conclusion, if you are interested in creating a company in the US, you must 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.
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Source: http://viceilp.org/es/crear-una-empresa-los-eeuu-las-10-claves/