USA Incorporation

Starting a business as a non-resident involves the same steps as for residents, with added considerations. Choose a business entity type based on state laws, which vary.

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Choose a Business Structure

Decide on the type of business structure you want to form. The most common structures include Sole Proprietorship, Partnership, Limited Liability Company (LLC), Corporation, and S Corporation. Each structure has different legal and tax implications.

Select a State

Choose the state where you want to incorporate your company. Many businesses choose Delaware because of its favorable corporate laws, but you can also incorporate in the state where your business operates.

Choose a Name

Select a unique and available business name that complies with the state's naming rules. The name often needs to include a corporate designator like "Inc." or "LLC."

Appoint Directors/Managers

If you're forming a corporation, you'll need to appoint directors; if it's an LLC, you'll need to appoint managers or members.

File Articles of Incorporation/Organization

Prepare and file the necessary documents with the state's Secretary of State office. For a corporation, this typically involves filing Articles of Incorporation, and for an LLC, it involves Articles of Organization. These documents include information about the business structure, address, registered agent, and more.

Designate a Registered Agent

Appoint a registered agent who will receive legal documents and official notices on behalf of the company. This can be an individual or a registered agent service.

Create Corporate Bylaws/Operating Agreement

Corporations should draft corporate bylaws, while LLCs should create an operating agreement. These documents outline the internal rules and procedures for the business.

Obtain an Employer Identification Number (EIN):

An EIN, also known as a Federal Tax Identification Number, is needed for tax purposes and to open a business bank account. You can apply for an EIN through the IRS.

Comply with State and Local Requirements

Depending on your business activities and location, you might need to obtain licenses, permits, and zoning approvals from state and local authorities.

Issue Stock (for Corporations)

If you're incorporating as a corporation, you'll need to issue stock to shareholders in exchange for their investment in the company.

File Initial Reports

Some states require newly formed companies to file initial reports or statements shortly after incorporation.Pay State Fees: There are usually fees associated with incorporating your business, which can include filing fees and ongoing annual fees.

Open a Business Bank Account:

Use your EIN to open a separate business bank account for your company's financial transactions.

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Types of Incorporation in USA

Limited Liability Company (LLC):

An LLC is a versatile business structure that offers limited liability protection to its members, shielding their personal assets from business liabilities. With a flexible management structure and pass-through taxation, it combines the benefits of liability protection and simplified administrative requirements.

C Corporation

A C Corporation is a separate legal entity owned by shareholders and managed by a board of directors. It provides strong liability protection for shareholders and allows for capital raising through stock issuance. However, it's subject to double taxation, where both the corporation's profits and distributed dividends are taxed.

S Corporation

An S Corporation combines liability protection with pass-through taxation. It's limited to a certain number of shareholders and specific stock classes. S Corporations offer flexibility in management and operational structure, while also avoiding the double taxation associated with C Corporations.

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OUR TESTIMONIALS

"Accorp's expert guidance made the USA incorporation process seamless. As a CEO based in Canada, their team ensured that every legal and administrative aspect was covered, allowing us to expand our tech business confidently."

John Smith, Chief Executive Officer, Tech Innovations Ltd, Canada

"Being an entrepreneur from Mexico, I had concerns about setting up a business in the USA. Accorp not only addressed every question I had but also provided me with clear steps to register my company. Their knowledge and efficiency were invaluable."

Sophia Martinez,Entrepreneur, Mexico

"As a business founder from France, the idea of expanding to the USA was exciting yet overwhelming. Accorp's team helped me understand the benefits, navigate the legal landscape, and provided timely support. They truly enabled my e-commerce venture's global growth."

Alexandre Dubois,Founder, E-commerce Ventures, France

Featured Resources

USA Incorporation: A Complete Guide to Starting Your Business

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How To File Your US Taxes: A Comprehensive Guide.

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Our Team

Sanyam Goel

MBA - IT
Certification : CISA, GDPR-DPO, CPISI, ITIL

Matthew P

CISA, ITIL

Vikas Jhunjhunwala

CPA(USA),CA, B.com(Hons)

FREQUENTLY ASKED QUESTIONS

What advantages come with company registration in the USA?**

Registering a company in the USA offers benefits such as access to a robust market, limited liability protection, potential tax benefits, and enhanced credibility for global business operations.

Is it possible to reside in the US as a business owner?

Yes, if you establish a business in the USA, you can apply for a visa category such as the E-2 Investor Visa, which allows non-immigrant entrepreneurs to live and operate their businesses in the US.

Is it feasible for non-residents to establish a business in the USA?**

Absolutely, non-residents can set up businesses in the USA. The process involves selecting the appropriate business structure, complying with legal requirements, and obtaining the necessary visas for conducting business activities

What are the three primary forms of incorporation in the US?**

The three main forms of incorporation in the US are LLC (Limited Liability Company), Corporation, and Partnership. Each has its unique benefits and considerations, depending on factors such as liability protection and tax treatment.

What are the key considerations for choosing the right business structure in the USA?

When choosing a business structure, factors such as liability protection, tax implications, ownership flexibility, and operational needs must be considered. legal and financial professionals can help in making an informed decision

Are there tax benefits associated with incorporating a company in the United States?

Yes, the US tax system offers various incentives and deductions for businesses, including deductions for business expenses, tax credits, and potential international tax advantages for certain business structures.

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