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Why is the American LLC (LLC USA) essential for an expatriation?

Why is the American LLC (LLC USA) essential for an expatriation?

Before going abroad and embarking on an expatriation in a country, it is very important to use the services of a professional such as a tax specialist, in order to secure your project on the one hand, and on the other hand, to better understand the rules that will apply to your situation.

These rules concern the rules of residence (temporary, then permanent), the rules of tax residence, the possible acquisition of nationality, etc. In your expatriation project, the fact of working on site is an important point, in addition to having a reduced taxation (even at 0 depending on the country).

Within the framework of an expatriation, the American LLC is an excellent option to practice an economic activity (e-commercial, consultant, dropshipping, trainer, etc.) at low costs.

Be careful with certain offshore entities proposed such as a Ltd, or other. Indeed, in case of absence of permanent establishment in the country of incorporation, you risk a severe requalification from the administration.

What are the advantages of an LLC during an expatriation?

No corporate income tax

A corporate tax is defined as a tax levied on the net profit of a company that is taxed at the entity level in a country.

Moreover, the American LLC is qualified as a "semi-transparent" partnership for tax purposes. This means that it is the partners (natural or legal persons) who are personally liable for taxation. In the case of a tax-advantaged residence, the profits will be taxed in your personal country of residence.

Nevertheless, be careful with the notion of ETBUS / non ETBUS. When filing your tax returns with Expert LLC USA, do not hesitate to ask our specialists whether your situation can be qualified as ETBUS or non-ETBUS by the American tax authorities. The qualification of ETBUS will make you subject to the American IS.

To be designated as an ETBUS, your company must have a "dependant agent" in the United States. This is a person whose role is to perform tasks that are critical to the continuation of the business, other than administrative tasks. For example, the deputy agent will take part in the management policy of the business or in the definition of the commercial strategy.

‍Tax optimization through the admission of numerous deductible expenses

Because of the admission of deductible expenses, the LLC is able to admit multiple tax deduction opportunities.

You can reduce your taxable income by trying to maximize your deductible business expenses. In addition, you can receive a personal benefit from a business expense. However, it is necessary to understand when an expense is (or is not) deductible, in order to take advantage of the business deductions available to you and to avoid the hassle of dealing with the IRS.

Very simplified management and essential operational advantages thanks to the LLC

For an expatriation project, the American LLC is an excellent legal form because of its operational advantages.

In an LLC, you have flexibility in how you operate. LLC profits can be distributed whenever the partners want and at any time. In addition, U.S. law allows for a cash flow facility and this allows partners to distribute profits whenever they wish.

In addition, you are not required to hire an accountant because you are not required to do any bookkeeping. In this respect, the LLC allows you to save money.

Another advantage that the U.S. entity offers to the partners is their limited personal liability insofar as it will not be incurred. The partners are anonymous, so all personal information is confidential and not present in any register.

An LLC can be created alone or with several partners. Finally, the members are able to define their own current accounts without any constraint because there is no minimum capital to create an LLC.

The US LLC is a profitable legal form for doing business. When creating your entity, you must be vigilant about the classic mistakes that can occur. Indeed, in case of lack of conformity, you can be sanctioned and the management of your LLC will be impacted. In addition, maintenance fees are to be expected each year to keep its structure and amount to approximately $250.

How to structure my financial and real estate assets in case of expatriation?

In order to structure your financial and/or real estate assets in case of expatriation, the use of our formalists can be essential. Indeed, our banking partners (JP-Morgan Chase and Bank of America) can help you structure your financial assets through investment solutions.

Note that the creation of a trust can be a perfect idea to legally structure your current and future assets.

Leveraging possibilities are also possible thanks to a well thought-out structuring.

The Expert LLC USA team offers to accompany you in your expatriation project and in the legal structuring of your expatriation. Do not hesitate to make an appointment (free) with one of our specialists.

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