Registering an LLC (non-resident) - actual experience please :)

12 replies
Hi Warriors,

I'm interested in someone's ACTUAL experience in forming an LLC, particularly Registering an LLC where a non-resident is involved.

Why is ACTUAL capitalised? Because I don't want someone to tell me 'ask a tax professional' or give me a link from google with their *&% affiliate link - I know this is an IM forum, but wow, doing a search for LLCs here really shows some stock standard replies that any google search can find... and let's face it, Google isn't great for quality replies

So.... I'm looking for thoughts from someone with first-hand experience

Thanks in advance for your time and sorry if I was repetitive, I'm just looking to throw off the affiliate link sharks
#actual #experience #llc #nonresident #partner #registering
  • Profile picture of the author Sandra Martinez
    where do you want to register the LLC? in US?

    ok, this is not legal advice. It might not even be right...

    you need a tax id first, it is called ITIN; as alien you can request it to pay taxes even when you are not allowed to work in US. I always found this weird, but...

    With that number you can open an llc or a company. You probably need also an EIN, it is the tax number for your company. I am not sure you are allowed to do any of this at this time.

    You also need to choose the state to open the company. The two places people seem to like the most are Nevada and Wisconsin, apparently there are tax benefits. I have no idea, when I dealt with this, I was in Florida and did it locally.

    It is always better if you contact a local tax house or an attorney and ask them to take care of it. Not affiliate link whatsoever here. Just common sense.
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    • Profile picture of the author iAmNameLess
      Originally Posted by Sandra Martinez View Post

      where do you want to register the LLC? in US?

      ok, this is not legal advice. It might not even be right...

      you need a tax id first, it is called ITIN; as alien you can request it to pay taxes even when you are not allowed to work in US. I always found this weird, but...

      With that number you can open an llc or a company. You probably need also an EIN, it is the tax number for your company. I am not sure you are allowed to do any of this at this time.

      You also need to choose the state to open the company. The two places people seem to like the most are Nevada and Wisconsin, apparently there are tax benefits. I have no idea, when I dealt with this, I was in Florida and did it locally.

      It is always better if you contact a local tax house or an attorney and ask them to take care of it. Not affiliate link whatsoever here. Just common sense.
      There is a lot of incorrect information in here Sandra.

      The truth is, he DOES need to talk to a professional because we are not licensed to give the specialized advice he is requesting.

      Wisconsin is not a tax haven btw... Most people choose Nevada because of the strength of the corporate veil. Delaware is popular and wyoming is becoming popular. However, when it comes to a foreign corporation, the rules and laws are completely different.

      Setting up a corporation, or LLC... it isn't good enough to ask for those experienced, because we aren't filing as a non resident, or as a foreign corporation. You have a different set of standards and procedures than we do.
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      • Profile picture of the author Cool Hand Luke
        Originally Posted by iAmNameLess View Post

        There is a lot of incorrect information in here Sandra.

        The truth is, he DOES need to talk to a professional because we are not licensed to give the specialized advice he is requesting.

        Wisconsin is not a tax haven btw... Most people choose Nevada because of the strength of the corporate veil. Delaware is popular and wyoming is becoming popular. However, when it comes to a foreign corporation, the rules and laws are completely different.

        Setting up a corporation, or LLC... it isn't good enough to ask for those experienced, because we aren't filing as a non resident, or as a foreign corporation. You have a different set of standards and procedures than we do.
        I think the 2nd poster meant to say Wyoming, not Wisconsin.

        Also, Nevada is not known for it's "corporate veil", it just has very low fees (compared to other states) for starting LLCs and S-Corps and low business taxes as well as decent protection. Wyoming is the biggest "corporate veil" state, as it is the one state you can own and run a business completely anonymously, with your name never being attached to it publicly (if you so desire).

        OP- You haven't given NEARLY enough information for any of us to answer you. WHERE do you want to set up an LLC? What are your reasons? What kind of business do you run? All of these questions and more are important.

        Your best bet is to simply talk to a certified professional since no one can give you advice based on generalities.
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        • Profile picture of the author milla04
          I am not a lawyer and this is not legal advice, I always recommend that someone should seek a second a opinion. With that said, the best places to incorporate in the USA as a non-resident is New Mexico, Delaware and Florida.

          Facts: Delaware has a annual franchise tax, this is depending on what you earn. NM and FL, has no yearly tax, nothing you have to pay whatsoever. Of cause you need to pay federal tax, however this could be reduced if your country has a treaty in placed.

          You do not need an ITIN to get your business incorporated, however it is wise to get an EIN for your USA business. Just call the IRS to obtain one.

          Incorporating is very simple as long as you get the right papers completed first.
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          • Profile picture of the author voiceofreason
            Banned
            Structuring an LLC may be easy, but then, structuring an LLC properly, optimized for tax efficiency, and the proper verbiage for protection, scalability, saleability, etc will indeed require a professional.

            If this is for a serious business, now is not the time to cut costs. A proper professional structuring will likely cost you between 600.00 - 1,000.00.

            Sounds steep? Well, imagine the costs of missing a few important factors that require a restructuring at a later date, or result in legal fee's, or even missed tax breaks...

            Been there many times before, and I quickly learned to always seek professional help during the LLC process if this is a serious business you plan on holding onto.
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          • Profile picture of the author Aussie-Jim
            I had a long time away from the forum but I wanted to say thank you, Milla04, as you fit all the criteria of actual experience as an external entity

            You didn't make thinly veiled insults or self-important chest thumping that I see too often these days - you just stuck to the facts. So this is a sincere thank you to you.

            I'm following your suggestions and greatly appreciate your time and thoughtful reply.

            Kudos!

            AJ

            Originally Posted by milla04 View Post

            I am not a lawyer and this is not legal advice, I always recommend that someone should seek a second a opinion. With that said, the best places to incorporate in the USA as a non-resident is New Mexico, Delaware and Florida.

            Facts: Delaware has a annual franchise tax, this is depending on what you earn. NM and FL, has no yearly tax, nothing you have to pay whatsoever. Of cause you need to pay federal tax, however this could be reduced if your country has a treaty in placed.

            You do not need an ITIN to get your business incorporated, however it is wise to get an EIN for your USA business. Just call the IRS to obtain one.

            Incorporating is very simple as long as you get the right papers completed first.
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    • Profile picture of the author foxe
      Originally Posted by Sandra Martinez View Post

      where do you want to register the LLC? in US?

      ok, this is not legal advice. It might not even be right...

      you need a tax id first, it is called ITIN; as alien you can request it to pay taxes even when you are not allowed to work in US. I always found this weird, but...

      With that number you can open an llc or a company. You probably need also an EIN, it is the tax number for your company. I am not sure you are allowed to do any of this at this time.

      You also need to choose the state to open the company. The two places people seem to like the most are Nevada and Wisconsin, apparently there are tax benefits. I have no idea, when I dealt with this, I was in Florida and did it locally.

      It is always better if you contact a local tax house or an attorney and ask them to take care of it. Not affiliate link whatsoever here. Just common sense.
      Hello Sandra

      Can you give more information about How you opened a company in florida ?
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  • Profile picture of the author ekxstores
    brother is a US lawyer, may be able to do CHEAP
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    • Profile picture of the author Jeff Schuman
      LegalZoom.com can take care of it for you.

      If you go the Wyoming route read this interesting article....

      1700 sq-ft house in rural Wyoming is home to more than 2,000 corporations | Mail Online

      It is worth the extra money to pay someone to do it for you in my opinion. Get it done right the first time.
      Signature
      Jeff Schuman - SEO Blog Writer For Hire! Buy affordable, SEO, quality, MMO niche blog articles. Fast turnaround.
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      • Profile picture of the author scott g
        Creating/registering an LLC is a piece of cake... In most states you can actually do it online on your Secretary of State's website for like $20...

        You get the LLC before you get the Tax ID.You can get your Tax ID online for free, instantly here (https://sa1.www4.irs.gov/modiein/individual/index.jsp). Or just Google "apply for ein"

        Typically an LLC is comprised of at least two individuals... But can be formed by and ran by one. I can't really help you with the alien in your American business...

        I know about this crap b/c I've formed a couple non-profit organizations (one is 501(c)(3)) with bank accounts and State and Federal EIN (Tax ID). I'm in Missouri.

        CHEERS!
        Signature
        scott g
        "Whatever the mind can conceive and believe, the mind can achieve."

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        • Profile picture of the author voiceofreason
          Banned
          This is true - But send those self made LLC's to an attorney, and you'll watch them cringe due to all the errors! Piercing these LLC's is a cake-walk - Thus defeating the primary legal protection an LLC is supposed to afford.

          Cannot recommend enough having a professional at least review the LLC prior to setup, if not handle it completely.

          Have several family members who are Corporate Attorneys, and the horror stories they tell demonstrate the importance of professional assistance. Not what most want to hear - But if the business is worth running, isn't it also worth structuring correctly from the get-go?



          Originally Posted by scott g View Post

          Creating/registering an LLC is a piece of cake... In most states you can actually do it online on your Secretary of State's website for like $20...

          You get the LLC before you get the Tax ID.You can get your Tax ID online for free, instantly here (https://sa1.www4.irs.gov/modiein/individual/index.jsp). Or just Google "apply for ein"

          Typically an LLC is comprised of at least two individuals... But can be formed by and ran by one. I can't really help you with the alien in your American business...

          I know about this crap b/c I've formed a couple non-profit organizations (one is 501(c)(3)) with bank accounts and State and Federal EIN (Tax ID). I'm in Missouri.

          CHEERS!
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          • Profile picture of the author agmccall
            What experience are you looking for. You apply, pay your fee, conduct business. What more are you looking for, that is my experience
            Signature

            A bar of iron cost $5. Made into horseshoes, it's worth $12. Made into needles, it's worth $3500. Made into balance springs for watches, it's worth $300,000. Your value is determined by what you are able to make of yourself

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