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The Limited Liability Company (LLC) is an excellent option for hosting any digital business and is also the legal vehicle for investing in real estate or financial assets. Before creating your U.S. LLC, we strongly advise you to seek the help of an expert formalist.
With the intention of protecting your rights as well as possible, the ExpertLLCUSA.com team is at your disposal to secure all your operations and meet your needs.
A French resident can legally own an American entity. The LLC offers a considerable advantage to entrepreneurs wishing to be free to move. Nevertheless, it is imperative to declare your business income in your country of residence. If you omit this step, the tax authorities will consider this behavior as a means of tax evasion and you will be subject to requalification.
The LLC is a disregarded entity. It is then semi-transparent. In this company, the individual is taxed at the income tax of his country of residence.
Moreover, the Limited Liability Company is a limited liability company, which means that the personal liability of the partners is not engaged, because it is limited to the amount of their respective contributions.
Another advantage that the entity offers is that one or more partners can hold the shares. These partners are called "members". Moreover, one member is quite sufficient to proceed with the creation of this legal entity.
In the case of a single member and a partnership with several partners, it is called a "single member LLC". Finally, to identify your business to the IRS, you will need an EIN (Employer Identification Number). ExpertLLCUSA.com's experts can obtain this number for you in less than 48 hours. Do not hesitate to contact them now.
French law has difficulty recognizing the LLC because of its rather particular legal structure. Indeed, it presents characteristics specific to capital companies as well as partnerships. As the liability of the partners is limited to their contributions, it can be assimilated to a SARL.
Nevertheless, in terms of its tax treatment, it is similar to a partnership because its corporate profits are not taxable in its name, but in that of its partners. The partners therefore directly apprehend the profits and losses of this partnership as their own result, to the extent of their share in the LLC.
This structure, with its hybrid character, has led to contradictions in the case law. Thus, in order to avoid double taxation situations arising from different perspectives, France and the United States have reached an agreement on the mutual recognition of the tax transparency of structures recognized as such by the domestic legislation of one of the two countries.
As a result, France recognizes the status of the LLC for tax purposes under the Franco-American tax treaty dated August 31, 1994. For example, if you govern your LLC from your domicile in France, a permanent establishment can be established. From then on, your profits will be taxable in France and will thus escape American taxation.
The team of ExpertLLCUSA.com proposes to accompany you in the creation of your LLC. The formalism and the contractual technicality of our experts will be real assets to draft your legal documents, while taking care to respect the public order and to safeguard the interests of the shareholders.
The follow-up by our specialists ExpertLLCUSA.com will avoid common errors that can have serious consequences such as the recharacterization or the adjustment of your entity. This support will be essential for the declaration of LLC income in France and the United States. If you have any questions, make an appointment with one of our specialists.
