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The creation of an LLC in the USA is simple and can be done in a 100% dematerialized way. Our ExpertLLCUSA formalists will assist you in creating your company and obtaining the EIN number.
As an expatriate entrepreneur or a French resident, you must have already asked yourself the question of creating an LLC. Indeed, this legal entity is one of the most used structures by entrepreneurs. So, why create an LLC company?
The acronym LLC, Limited Liability Company, is a limited liability company. It protects the liability of the partners who cannot be held personally liable in case of bankruptcy. The liability of the partners is limited.
The LLC has no equivalent in France. Indeed, although it is similar to a SARL by its limited liability, its tax regime is similar to that of a SCI. Indeed, the American LLC is a company apprehended as semi-transparent for tax purposes. This means that it declares a profit in the United States, but it is the partners, individuals or legal entities, who are personally liable for the tax on the profits made by the company (up to the amount of their share of the capital).
The LLC is extremely popular in both the United States and Europe. In fact, there are now approximately 22 million LLCs registered in the United States. This is due in part to the many advantages it offers to its partners.
The LLC is semi-transparent for tax purposes. This means that you will not have to pay any corporate taxes in the US. You will be taxed in your country of residence, if there is an income tax.
The LLC differs from other companies by its extremely low set-up and maintenance costs.
The renewal of the entities is proposed by ExpertLLCUSA at $250 per year.
Depending on the state you choose, you may be able to enjoy some anonymity. In some states, the partnership registry is not made public.
This anonymity is all the more pronounced because the United States is not a signatory to the CRS. However, France and the US signed the "FATCA" law in 2013 to reinforce the automatic exchange of information. It is therefore not possible to use an LLC to hide information from the French tax authorities.
Within an LLC, multiple activities such as freelancing, e-commerce, dropshipping, and infopreunarship can be performed. In addition, the good reputation of LLCs allows you to establish trustworthy relationships with your business partners or customers.
The LLC offers a great advantage which is access to many banks, both fintech and physical banks in the US. In addition, these legal entities provide access to the best credit cards. For example, in some banks your expenses will not be deducted from your bank account for 90 days. In addition, some credit cards offer quite high cashback on all your purchases.
Our formalists propose an accompaniment to the opening of the bank account at the time of the creation or the resumption of the management of your company.
The LLC is often put forward for its very advantageous tax regime. Indeed, with a good structuring it is possible to reach 0% of taxes. For this, it is essential to master certain notions to understand the tax system of the LLC.
The acronym NRA translates into French as "Etranger non résident".
To qualify as such, you must not be in one of the following 3 cases:
- Being an American citizen
- Be a US resident (green card holder)
- Spend enough time in the United States to pass the SPT (Substantial Presence Test)
In order to benefit from the tax advantages of the LLC, you do not have to meet any of these conditions. Moreover, the rules for passing the substantial presence test are very strict. It is possible to check the last box even if you spend little time in the US during a year.
The notion of ETBUS is translated in French as "Exercer une activité ou du commerce aux Etats-Unis". This qualification will allow you to know the tax regime applicable to your LLC.
To be considered as an ETBUS, you must have a physical presence in the USA (offices, employees). However, doing e-commerce on American soil, by sourcing from China for example, will not make you an ETBUS.
In this case, you have 2 choices of taxation.
Partnership Taxation
The taxes will not be paid by the LLC but by the members directly, to the extent of their participation in the company. The taxation will then be done according to the tax brackets applicable to you at the federal and state level.
The Taxation Corporation
Taxes will be paid by the LLC according to the applicable corporate income tax schedule. Partners will be subject to dividend taxes.
Being non-ETBUS, you will be taxed at 0% in the USA. Indeed, your LLC will not be subject to the corporate tax rate. The LLC being a partnership, the taxation will take place in the country where you establish your tax residence.
Your LLC will not be taxed if you reside in France and are non-ETBUS. However, taxation will occur in France.
You will be subject to income tax and social security contributions. Deductions may be applied to your bases according to the turnover.
Your LLC is not taxed if you reside outside of France and are non-ETBUS. However, you will be taxed in the country where you establish your tax residence.
In some countries, there is no income tax. It will be possible to reach 0% if you choose a country that does not tax income.
Les USA sont constitués de 52 Etats. Cependant, tous les États sont libres d’appliquer certaines règles et certains tarifs quant à la création de société. Il existe 2 États dans lesquels il est le plus intéressant de créer une LLC : Wyoming et le Nouveau-Mexique.
Wyoming is an excellent state to form your LLC. First, LLCs in Wyoming have a prestigious image, unlike other states. Second, this state is very protective of your anonymity by having no registry of LLC beneficiaries. Finally, the cost of creating an LLC is one of the lowest in the US.
New Mexico is now the best state in the United States to create an LLC. Indeed, it combines the same advantages as Wyoming: good image and anonymity. In addition, this state is the least expensive to create and maintain an LLC.
If you are a freelancer or an e-merchant, New Mexico is highly recommended.
It is necessary to go through a service provider to register your LLC. This service provider will take care of filling out the required documents for the creation of your company and will communicate them to the competent American administrative services.
Once your LLC is registered, you will have access to all the important documents for your LLC: The Filed Article and The Statement of The Organizer.
Our ExpertLLCUSA specialists take care of everything.
The EIN is the tax identification of your LLC. It is a major document that will be used on several occasions, especially when opening your bank account in the USA.
Our ExpertLLCUSA specialists can obtain your EIN number in less than 48 hours.
The last step to finalize the creation of your LLC is to open your bank account in the USA. For this, you can opt for a bank account in a fintech that is simple to open and inexpensive.
You can also open an account in a physical US bank. We offer to open a bank account in a physical bank (Bank of America / JP Morgan Chase). Contact us for more information.
As a non-resident of the United States, you will have to complete specific formalities to maintain your LLC.
The cost of maintenance can vary by several hundred dollars, depending on the state you choose. This is a cost that should not be overlooked when choosing the state in which you will create your LLC.
Your tax returns with the IRS are mandatory.
Our tax specialists remain at your disposal for any question on the creation, management or tax returns of your American LLC.
