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I am an Indian want to open a LLC in USA with with my partner. what will be tax implications?

New York, NY |

I am choosing delaware state for incorporating? i will be doing all the services from India. LLC will be a Partner based 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)?

Attorney Answers 3


  1. Someone must appear at the bank to open an account, normally an officer or Manager (similar to a corporate director) of the LLC. Delaware is normally used for companies on the Stock Exchanges (for various complex reasons.) If the LLC earns income it will be taxed, so choosing any state without a state income tax is probably what you are seeking if you will have no physical presence in the US.

    The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.


  2. I concur with Mr. Doland. You can form a company in the US. Selecting the most proper jurisdiction for incorporation is a delicate balance. However, in addition to that, once you start doing business in the US, you are subject to US taxation (state and Federal). In addition, because you are an alien foreign resident there are tax implications in your country of residence. The best solution for you is to work with an international firm. Please note that we have an Indian attorney among our staff. Best

    This reply is offered for educational purpose only. You should seek the advice of an attorney. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than an educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the undisclosed individual asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of New York. Responses are based solely on New York Law unless stated otherwise. Pursuant to Internal Revenue Service guidance, be advised that any federal tax advice contained in this written or electronic communication is not intended or written to be used and it cannot be used by any person or entity for the purpose of (i) avoiding any tax penalties that may be imposed by the Internal Revenue Service or any other U.S. Federal taxing authority or agency or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.


  3. I agree with both my esteemed colleagues' excellent exposes.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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