Forming a company in the U.S. as a non-resident alien involves several steps. The process can vary slightly depending on the state in which you choose to incorporate, the type of business entity you select, and your business needs. Here are the general steps:
1. Choose a Business Structure
The most common business structures for non-resident aliens include:
- Limited Liability Company (LLC)
- Corporation (C-Corp or S-Corp)
LLCs are popular for their simplicity and flexibility, while corporations might be preferred if you plan to raise capital from investors.
2. Select a State
You can form a business in any U.S. state, but some states, like Delaware, Nevada, and Wyoming, are popular due to favorable business laws and tax structures. Consider factors such as tax implications, filing fees, and ongoing compliance requirements when choosing a state.
3. Name Your Business
Your business name must be unique and not infringe on existing trademarks. It must comply with the state's naming rules, which often include using specific words like "LLC" or "Corporation" in the name.
4. Appoint a Registered Agent
A registered agent is a person or entity authorized to receive legal documents on behalf of your business. The agent must have a physical address in the state of incorporation.
5. File Formation Documents
- LLC: File Articles of Organization with the state.
- Corporation: File Articles of Incorporation with the state.
These documents include basic information about the business, such as its name, address, registered agent, and management structure.
6. Obtain an Employer Identification Number (EIN)
An EIN is required for tax purposes, hiring employees, and opening a business bank account. You can apply for an EIN through the IRS, even if you're a non-resident alien.
7. Open a U.S. Business Bank Account
A U.S. business bank account is necessary for conducting business in the U.S. This often requires physical presence in the U.S. or working with banks that accommodate international entrepreneurs.
8. Comply with Tax Obligations
Understand your federal and state tax obligations, including income tax, sales tax, and employment tax. This might involve working with an accountant or tax advisor familiar with international business.
