If you are considering forming an LLC in the U.S., it is important to take into account the formation timelines and key legal and tax deadlines to avoid any delays or penalties during the life of your U.S. company.
Indeed, understanding these elements will allow you to better plan your project and to respect the legal deadlines. In this article, we will provide you with useful information on the deadlines to respect when creating an LLC in the United States, as well as on the main legal and tax deadlines to be aware of for the management of your business.
Finally, the different solutions available to overcome a delay in the completion of these important administrative formalities will also be discussed.
Trusting our services will allow you to ensure that your LLC is in compliance with U.S. law and to gain peace of mind in the management of your LLC.
If you have any questions, you can contact the Expert LLC USA team for solutions tailored to your needs.
Forming an LLC in the United States is a relatively simple process that can be done online; however, it requires the mandatory use of a service provider to register your entity. This service provider will complete the required documents for the formation of your company and submit them to the appropriate US authorities.
It usually takes 3 to 5 business days to create a U.S. LLC. Once your LLC is registered, you will have access to important documents such as the Articles of Organization and your Operating Agreement.
Next, you can apply to have your EIN created. The EIN is a tax identification number for your LLC and is an essential document for opening a bank account in the United States.
The EIN usually reaches us within 3 to 12 working weeks.
It is possible by using our EIN EXPRESS option to obtain the EIN number in 48 hours from receipt of the articles of Organization.
The final step in finalizing the creation of your LLC is to open a bank account in the United States. You can choose to open an online bank account, or opt for a physical U.S. bank such as Bank of America or JP Morgan Chase.
If you have questions about the creation, management or tax returns of your American LLC, Expert LLC USA can assist you.
Here is an overview of the mandatory tax returns and key deadlines to remember.
If you are a U.S. sole proprietor, you must file your personal income tax return (Form 1040), including your LLC's Schedule C tax returns, by April. If necessary, you can request a six-month extension for filing.
If you are a foreign sole proprietor of an LLC, you must file your U.S. LLC tax returns (Forms 1120 and 5472) by April. Note that there are a number of schedules that must be complied with and filed at the same time as your returns.
If you are a member of a multiple foreign partner LLC, you must meet the March deadline for filing tax returns (Form 1065), as well as returns for each partner (Forms 8804, 8805, and 8813); along with all necessary schedules.
In the United States, it is mandatory to file a tax return for your LLC. This means that you must report the income of your U.S. LLC to the IRS, even if that income is not directly taxed in the U.S.
If you make an error, omission, or oversight on your tax return with the IRS, you may be subject to a fine of up to $25,000 per year per form.
If you have not filed your U.S. tax returns for previous years, it is still possible to correct them. To do so, our teams are at your disposal and can help you avoid penalties by regularizing your tax returns.
It is recommended to call on our specialists to manage your tax returns and the renewal of your company.
Indeed, the tax return procedure is complex and technical, and includes numerous declaration forms, as well as numerous schedules to be completed and filed. An error in the completion of one of these forms can have prejudicial consequences.
Expert LLC USA is available to assist you in completing and submitting your tax forms, as well as providing you with an EIN and a U.S. address. Their expertise in this area will be useful in simplifying the tax filing process. Do not hesitate to call upon their services for assistance.