Frequently Asked Questions
USA: Tax Consulting, Company Formation & Taking Residence
LLCs compared with C-Corporations
I am subject to taxation in the USA. Which is the better solution: LLC or C-Corporation?
If you are already subject to taxation in the US, the LLC is unproblematic and recommended.
Why do you recommend the corporation?
In contrast to the LLC, the tax-status of the corporation is very clear and simply arranged. The corporation,…
Can’t one open an account for an LLC outside the USA?
Many non-US banks refuse to do this. In addition, all non-US banks have been participating in the OECD…
Why can’t you create tax-free LLCs?
We only open US accounts for US companies. Recently published rules require a manager or shareholder who lives…
Do LLCs really pay no taxes?
An LLC is never subject to taxation, as is customary in all partnerships. The shareholders are always taxed.…
What is the difference between a C-Corporation and an LLC, under corporate law?
C-Corporations are joint-stock companies; the LLC ("Limited Liability Company") is a combination partnership and capital company. The LLC…
Selecting a Location for Your US Company
Among all the states, are Nevada and Delaware really so special?
Delaware and Nevada are characterized, to a certain extent, by high confidentiality. But in fact, shareholders' data is…
Which US state is the best location for my US corporation?
In our experience, you should mainly consider non-tax issues when it comes to choosing a location. Which location…
Setting Up Your US Company
Is there an express service?
Yes, express service is available for an additional fee.
How long does it take to set up a company?
Setting up a company takes 5 to 10 days, depending on the state.
Do US corporations have bearer shares or registered shares?
US corporations always have registered shares, but the register of shareholders is maintained by the company, and not…
Does it make sense to use a very high share capital?
In our opinion, no. In some US states, share capital is also subject to property tax.
What is the minimum share capital requirement for a US corporation?
There are no requirements. Many customers use $1,000.
Director Service
Is the director an authorized signatory on my company’s account?
Yes; that is required by the bank.
Can I myself become the second director of the corporation?
You may be appointed as second director of the company.
What contracts protect the Director Service?
There is a director contract; you receive power of attorney, thereby becoming an authorized signatory.
Is your director a fiduciary director?
No. Our director is not a fiduciary director.
Is your director a US citizen, living in the USA?
Yes, he or she is a US citizen, living in the USA.
What is your director’s function within the company?
Our director usually becomes the president.
Do you provide a director for my US corporation?
Yes, we provide a director for the company.
Trust
Is a fiduciary shareholder even necessary for a US company?
Company data is not published in the commercial register. Therefore, a fiduciary shareholder is not necessary.
Can you provide a fiduciary shareholder for my US company?
No, we do not provide fiduciary shareholders.
Corporate Tax
How can I legally reduce the US company’s profits, and thus avoid corporate tax?
If the company is merely a domiciliary company in the USA – that is, if there are no…
Which US state has the lowest corporate tax?
Florida and Nevada collect no tax at all. Texas collects no state tax on revenue up to $1…
Is there also corporate tax at the state level?
Yes; this is usually in the low percentage range.
How high are corporate taxes in the US?
15% up to the first $50,000 of profit. Higher profits are taxed up to 35%. Learn more about…
Tax Consequences in Your Country of Residence
Do I need to create the management holding company immediately (before I create the US company)?
No, that is not necessary... but you should set up the management holding company within the US company's…
Which country do you recommend for a management holding company?
We recommend Malta or Ireland.
What do I need to consider if I want to operate the US company in a tax-optimized manner?
In this case, you should set up a management holding company with capital, which the US company will…
Is the ownership of a US company completely harmless for a person who lives in a high-tax country (e.g. Germany)?
It depends on how the US company is used. If you use the company to participate in the…
Do I need to report ownership of the US company to my tax office?
Yes, the acquisition of a capital company must always be reported to the tax office. Failure to do…
Sales Tax
Does sales tax apply to services?
No, there is no sales tax on services.
Is USA sales tax comparable to VAT in Europe?
No, because sales tax does not apply to services. In addition, no sales tax is incurred when the…
Is there a VAT or sales tax in the USA?
There is no VAT/sales tax on the European model, but there is a local sales tax on goods.
Other Taxes and Fees
How high are social insurance contributions in the USA?
Social insurance contributions are significantly lower than in Germany, amounting to just under 10%.
Are there municipal taxes in the US?
Municipal taxes are paid by persons who own residential property in the municipality.
Is there a commercial tax in the USA?
No, there is no commercial tax.
Disclosure Requirements
Are balance sheets published in the commercial register?
No, this does not happen in the USA.
Is the data of all corporation directors published in the commercial register?
In most states, only one director's name is released.
Is the commercial register available online in the USA?
Each state has its own register, which is available online.
Are the shareholders of a US corporation published in the commercial register?
No, shareholders are neither published in the commercial register nor disclosed in any manner.
Banking
Do I need to travel to the USA to open an account?
It is not necessary to travel to the USA to set up an account, because the director we…
Can I get access to online banking for my US corporation account?
Yes, all banks have online banking.
Can I get a credit card or debit card for my corporation’s account?
Yes, you can get a Visa or Mastercard.
Which banks do you work with in the USA?
We work with Bank of America, Chase, Wells Fargo, Citi and US Bank.
Does the USA participate in the international automatic exchange of information in accordance with OECD CRS?
No, US banks do not participate in OECD CRS.
Ongoing Tax Support & Reporting ObligationsBanking
Do you also take care of tax support in the USA?
We deal with all of the US company's tax issues.
When must the corporation file its tax return?
The corporate tax return is due by April 15, but extensions (to September 30) are routinely granted.
When must the company submit an annual report?
Usually, every year or every two years.