This is a great question. Unfortunately, it's also a very complex one that impossible to answer in this forum. Setup a free consultation with a local business/tax attorney and review your specific situation to get the details you need.
Evan A. Nielsen is licensed to practice law in California. The information provided here is for educational purposes only and is not intended as legal advice for a particular matter. This response does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult an attorney.
Your question is not clear enough to formulate a response. A lot depends on what the nature of your business is exactly and where you are doing it?
So, for example, if you are a company based in country X, and are selling consumer products online you are free to sell to any state in the US and this would not require you to do anything further regards to compliance unless the products themselves fall into a regulated area, such as hazardous material.
But let's say you sell highly technical equipment that required specialized installations and you sell these products through a showroom in NYC. Well, here NY would consider this business activity in their state and require that you set up a proper business in NY. You may want to create a US entity like an LLC that can be owned entirely by your foreign company. Keep in mind that the immigration laws are not the same as the business laws so owning a US company does not mean you have a legal right to enter, work or reside in the US of course. And there are always some tax considerations. such as transfer taxes.
We do a lot of work with foreign owned entities and while we are based in NYC we have clients all across the globe. Feel free to contact me if you care to discuss.
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The nature of the business, and any resulting tax, licensing, and immigration requirements, all need to be taken into consideration. This is too complex of a question for this sort of forum.
I'm not adding much information with my answer here, except to offer a couple free consultations to see what your needs and options are.
With these cross-border issues, it is best to talk to several lawyers who offer free consultations to understand what all the issues and options are. You can then make an informed decision and go with the advisor(s) that you are most comfortable with.
So please see my website (linked below) and feel free to get in touch.
Total Mobility Law is an international law firm that lets companies do global business with the knowledge and confidence they need to comply in any country. Our answers on this site do not constitute legal advice, nor do they establish an attorney-client relationship. The only thing that can do that is a signed Engagement Letter and Fee Agreement, which you can get by contacting us through www.totalmobilitylaw.com.
An off shore company is already a foreign entity (with reference to the US). With this off shore company you can do business globally (even in the US) provided that you abide by the rules of the jurisdictions you want to do business with. Of course, once you 'hit' a jurisdiction, you may have reporting obligations, paying income, business or sale taxes. This is something that needs to be assessed.
If you are a foreign citizen (and then not a US citizen) why you want to form a company in Delaware? This is something that you need to clarify with an attorney. Do you think that a Delaware company can give you a 'free pass' to do business internationally? If you want to form a company in the US it must make sense. Are you planning to sell goods or services here in the US?
You question is very general. My suggestion is to hire and work with an attorney who has international vision and experience. Good luck.
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Depends what type of business and where you will operate. A BVI or Belize international business company (IBC) will be tax exempt in those jurisdictions. An IBC holding company in the right hands for example may get away with paying no tax at all. Delaware? I see no advantage to that; it puts you squarely under the jurisdiction of the IRS.
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