Offshore Companies In USA

How to Open An Offshore Company In USA

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The United States is a desirable market for many citizens of foreign countries. People from all over the world want to utilize the numerous business opportunities available but are often not sure of the proper way to proceed. There are several important considerations and tasks to be completed for foreign citizens who want to set up a company in the United States.

Business Structure and Setup

If your business will have a physical presence in the United States, it’s wise to consider setting up a business entity, such as a corporation or limited liability corporation (LLC). Keep in mind that foreigners cannot set up an “S” corporation, because they are not citizens and file individual tax returns, and this is where S corporations would report their business income.

Setting up a business entity usually requires submitting articles of incorporation and registered agent to the state in which you wish to incorporate. In addition, there is usually a fee to process your application. Keep in mind, however, that while the process of incorporation is the same for U.S. citizens and foreigners, the tax consequences are not. Depending on the structure selected, your business will be responsible for certain taxes, and failing to pay these will have dire consequences for your new business. It is prudent to talk to an accountant or business consultant about the options and what will work best for your situation.

A corporation is an independent legal entity that exists separately from the people who own, control, and manage it. Corporations have the ability to enter into contracts, pay taxes, and perform various other transactions in business. In addition, there is a difference between “for profit” and “not for profit” corporations – the first is formed to generate income for shareholders, owners, and employees. The latter is formed usually for the purpose of funding religious, charitable, or educational activities.

When forming either type of corporation, an Articles of Incorporation is required. For-profit corporations must include the name of the corporation, street address, total number of shares that the corporation is authorized to have outstanding at any time, the name and Florida street address of a Registered Agent, who will be responsible for accepting service of process on behalf of the corporation, a signed statement from the Registered Agent, names and addresses of the parties who are forming the corporation, and the signature of at least one incorporator. Nonprofits are required to include all of these items, except information regarding the shares. In addition, nonprofits are required to submit the specific purpose of the organization, the manner in which directors are elected or appointed, and any limitations to the corporate powers. Nonprofits seeking Federal tax exemptions should take particular note of the “specific purpose” clause.

Legal matters

Running a business in a foreign country means you must abide by that country’s legal rules. This requires a business owner to become familiar with the laws of the jurisdiction. Areas of particular legal relevance are data privacy, labor and employment, and intellectual property laws. In addition, you will want to become well versed in securities and any corporate regulations that apply to your specific type of business.


If you are looking to set up a company in the United States and you’re from another country, you may need to be in the U.S. for an extended period of time on business matters. If you have a green card, you are free to start a business in the U.S. Another option is to apply for either an E-2 or EB-5 visa, which usually are referred to as “Investor” visas. The E-2 visa has several requirements, including being a legal citizen of one of the treaty countries, having invested or be currently engaged in the process of investing in the U.S., you must have invested a certain amount, usually at least $100,000, and you must plan to return to your home country once the visa expires. The EB-5 visa has less stringent nationality requirements, but requires a larger monetary investment amount of at least $1,000,000. In addition, the business must create at least ten full-time jobs. There may also be other options being developed specifically for foreign business owners.

Forming an offshore company can create many advantages for your business. But the truth is some jurisdictions are better than others in general and also, specifically in your unique situation. While it is best for a company that trades in the EU to be formed in Bulgaria or Cyprus, a non-U.S. citizen will benefit the most if the set up an offshore company in Wyoming or Delaware, USA.

The U.S. turned into the new tax haven for many wealthy individuals from around the world, successfully replacing well-known offshore account destinations like Bermuda, Switzerland and the Cayman Islands. Here’s what and how it happened in a nutshell:

  • In 2010, the U.S. Congress passed FATCA (Foreign Account Tax Compliance Act), requiring all foreign banks to disclose personal and financial information about U.S. taxpayers who hold offshore accounts with them. Just a handful of countries refused to comply.
  • The U.S. has also refused to become a part of the Common Reporting Standard agreement, signed by over 100 other countries, which effectively turned the States into the new tax haven.
  • A number of financial organizations like Rothschild & Co. and Trident & Co. have thousands of offshore accounts registered in the 3 most favorable states – Nevada, Wyoming, and Dakota.

How To Open an Offshore Company in Wyoming

Wyoming is Great for an eCommerce Offshore Company

The absolute best choice for an eCommerce startup would be to form an offshore company in Wyoming. The main reasons are these:

  • You can choose the business structure for your company (most often the best option is LLC)
  • You can set up an offshore company and a bank account in one place
  • You can access your bank account online
  • There’s no minimum capital requirement for opening a business bank account

Setting Up an Offshore Company in Wyoming is Fast

Wyoming is one of the fastest jurisdictions when it comes to business structure formation. It usually takes just 3 working dates for the company to be set up and then another 3 weeks for the business bank account. However, this process is highly dependent on the documentation you can provide and how fast you do it.

Having an Offshore Company is Wyoming is Stress Free

Apart from being able to set up a company pretty quickly in Wyoming, running it also seems like a piece of cake, at least in terms of less paperwork and additional commitments. It is a good place for small businesses and startups because:

  • Charges less annual fees
  • No obligation to attend annual meetings
  • No requirement for an audit report

You Can Keep Your Assets Private

It was mainly due to the issue of the FATCA (Foreign Account Tax Compliance Act), which was accepted by the vast majority of the countries in the world. However, the U.S. still does not reciprocate the efforts other countries make in sharing financial data with the relevant tax authorities. This very fact guarantees the full privacy of any non-U.S. citizen who decides to set up an offshore company in Wyoming, USA. The States do not require any information about the directors or shareholders of a company to be publically available.

The Tax Rate in Wyoming is Zero

In fact, the tax rate in Wyoming is zero. That alone is a good enough reason to set up your offshore company here and nowhere else. When we add the benefit of the U.S. strong economy and political climate, you wouldn’t even be thinking of forming your business structure in any of the ever so popular Caribbean tax havens.

How To Open an Offshore Company in Delaware

The best places to open an offshore account or a company to protect your wealth is Delaware. This has spiked the interest of many international investors who are constantly looking for ways to find more privacy for their finances. Certainly, one of the ways to do that now is bringing your wealth to certain states in the U.S. Having read that, naturally you would want to know how to open an offshore company in Delaware and we will give you the answer.

Benefit to Open an Offshore Company in Delaware

The benefits of opening an offshore company in Delaware are many. Here’s just a small list:

  • The Director, Officer and shareholder could be the same person and a non-U.S. citizen.
  • No limitations over where you would keep your company books and records.
  • Personal liability of directors and shareholders is limited.
  • Low franchise tax
  • No tax on foreign earned income
  • No sales tax (VAT)
  • No tangible property tax

When is it not a good idea to open an offshore company in Delaware:

  • If you have employees or physical presence (office) in other states. This does not apply to your international offices or remote working.

Procedure to Open an Offshore Company in Delaware

The procedure of opening an offshore company in Delaware is not complicated at all. As a foreigner you have the right to form and own a company in the U.S. unless you have been specifically prohibited by law. This would apply if you are:

  • A minor
  • A resident of a country, continuously providing support for terrorist organizations
  • A resident of a country that does not conduct diplomatic relations with the U.S.
  • A resident of country whose government is not recognized by the U.S.

If none of these applies to you then the procedure for creating your offshore company in Delaware will be pretty straightforward. There are many companies whose main purpose is to help you form your own organization in Delaware. In general you will need:

  • Your proof of identity (passport)
  • Chosen name for your company (must not contain words like university, insurance, bank or lottery).
  • Contact details
  • Payment for the formation of the company.

The process also doesn’t take too long. Delaware will process your application within 2-3 working days, which is quicker than waiting times in other states, where the same process takes 5 to 7 working days.

Something very important to take note of is that not all companies that offer incorporation services online are legitimate. You wouldn’t want to become a victim of an online fraud. The best policy is to consult with an attorney or certified accountant who will be able to tell you the exact requirements and point you at the right direction to complete the process of forming your offshore company in Delaware.

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