which states will be good option for me?as i will do the telemarketing of my technical services from India.LLC will be a single member company and even requires company bank account in US without visiting the states and don't have any visa is it possible to get one?any recommendation to do all this for me(any registered agent or company who do all this)
I have several Indian clients who are engaged in similar activities and
would be happy to speak with you. We provide a "turnkey" structure to
make the task as simple as possible for you. For the structure you
propose, I would recommend organizing in Delaware. I organize LLC's and
corporations regularly and have done that in a number of states. I find
Delaware the state of choice for a variety of reasons, which I am happy
to explain. Among other things, they are reasonable in price and very
efficient. There is no tax to the LLC in Delaware other than an annual
fee so long as the company is not physically doing business there. It
is one of the few states where that is possible. Also the registered
agent I use charges only $50 annually.
The LLC can obtain an EIN and open an account. You could get a business
visa to come if you need to do so.
I would be happy to speak with you without cost. Interestingly I am
currently doing the same thing for another client where some members are
Indians and another is a U.S. citizen. However, in other instances the
members are foreign nationals including Indians and Kuwaitis.
/Kenneth A. Sprang
Cicero, Mehta & Sprang, LLP
1000 Potomac Street
Washington, DC 20007
Direct Dial: (202) 677-4703 or (202) 683-4090
Fax: (202) 677-4719
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Delaware has anonymous LLC ownership (I was told at a recent conference) and it may be a good reason.
Other reasons are to choose states with no state income tax.
To me, your big headaches will be your india operation. as a U.S. person (the LLC) it will have access to foreign bank accounts and services provided.
Here is a short list of problems:
1. Need for LLC to file form 3520 for money etc from india.
2. Meeting all 6038D regs whether they are on the form or not
3. FBar where the LLC has a foreign bank account
4. Withholding which prevents money from flowing back overseas unless filed.
5. Single member LLC is disregarded and so for tax (gasp!) you are treated as being the taxpayer. That means YOUR indian assets come into play as to 1-3 and withholding as to 4.
I can't say right now what a single member LLC would get in terms of treatment/respect as a focal entity for 1,2,3.
6. You may want something other than an LLC, such as a regular corp if you want privacy. You still have withholding, but because corp is a focal entity, ITS reach to India may not have as high a level of reporting as would your LLC taxed as a sole proprietorship.
There are other concerns, these are the main ones on my mind right now.
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Both attorneys offer excellent advice. Mr Sprang even offers a free consult. What should be obvious from their comments is that you should not be doing this on your own and that you need corporate and tax counsel to assist you. I have read 100s of comments that Mr. Sprang has posted here at Avvo and you would be well served to at least speak to him about your sitatuation and to see if there is a fit between the two of you working together.
Hope this helps.
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Mr. Fromm is licensed to practice law throughout the state of PA with offices in Philadelphia and Montgomery Counties. He is authorized to handle IRS matters throughout the United States. His phone number is 215-735-2336 or his email address is firstname.lastname@example.org , his website for more tax, estate and business articles is www.sjfpc.com. and his blog is
A sole proprietorship is a business owned and operated by one person in which there is no legal distinction between the business and owner.
An LLC (limited liability company) is a business entity that has elements of both a corporation and a partnership (or sole proprietorship).
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