How to create a company in the United States?

December 16, 2021

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Hector Galicia

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Expanding your business to the United States can be an excellent option to expand your business internationally, according to Statista GmbH German online statistics portal determines that the United States is the first world economy with a GDP in 2020 of 20,932.8 billions of dollars and projected for 2021 of 22,675.3 billion dollars.

One of the ways to access said market is the constitution of a legal entity in US territory, this can be done without the need to be US citizens or operate a company in the US. One of the most recommended options for this type of structure is the Constitution of a “Limited Liability Company (LLC)” which in Spanish translates as Limited Liability Company, very similar to what we know in Mexico as an S. de RL, the “LLC”, can be formed by foreign companies or individuals to the US.

Steps to create a company in the United States without being a citizen

It is important to make it clear that the fact of constituting a “LLC” does not guarantee obtaining a work visa and in some cases it would be necessary to travel to the US to open the bank account. The steps to create an LLC are mentioned below:

  1. You must select a state, each state has its sales tax and income tax rates, some states do not have state income tax, such as Wyoming, Delaware and Nevada, so you would only have to pay the taxes federals.
  2. You must assign a name to your LLC in the US, the law has certain restrictions that you must consider, such as that the name may not include words that could be confused with a government agency or certain prohibited words such as: lawyers, university, bank , among other.
  3. Hire a Registered Service Agent (this is the person who can receive legal notifications on your behalf).
  4. Register your LLC in the state, this process includes the documents known as “articles of incorporation”, which have a certain similarity with the articles of incorporation in Mexico, in said document the organizational structure under which the business will operate is established.
  5. Create the LLC operating agreement, which allows all LLC owners to agree and reduces the risks of future conflicts.
  6. Get your EIN which is the equivalent to the RFC in Mexico.
  7. You must have a physical address in the US, if you do not have one, there are companies that provide this service.
  8. You must open your bank account (some banks allow it to be done online without having to travel to the US).

According to our experience, the costs of opening an LLC in the US range from 400 to 600 US dollars, as well as a monthly payment for the address that ranges from 50 to 150 dollars per month, before opening the company. company in the US it is important that the monthly maintenance costs are known, such as legal, accounting and any other advisory fees necessary for the operation, as well as possible permits among other considerations.

Conclusions

We invite our readers to evaluate the expansion of their clients or companies to international markets and thus increase sales, always considering the legislation of foreign countries and complying with the legal obligations of said countries.
 
 

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Written by Hector Galicia

Public Accountant with more than 15 years of experience advising national and foreign clients. He currently serves as a founding partner of the Public Accounting firm Tax ID Mexico. info@taxid.mx

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