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Part - 04 Starting a business in the US by foreign companies: Choosing ideal entity type

Published on

November 28, 2024

Various entity types

LLC (Limited Liability Company) - classification for taxation:

INC (Incorporation)

LLC

LLC pros & cons

LLC pros: Limited liability shields personal assets; flexible taxation options; simple paperwork; adaptable management structure

LLC cons: Potential self-employment taxes; limited capital raising avenues; credibility perception among investors 

INC

INC pros & cons

Inc pros: Asset protection; easy capital raising through shares; boosted credibility for investors; scope for employee stock option attracts good talent.

Inc cons: Risk of double taxation (entity profits & shareholder dividends); complex paperwork and regulations (compared to LLC); limited management flexibility.

Generally, Inc C Corp (as S Corp election is ruled out with foreign investors) is the most recommended entity type for foreign companies registering entity in the US.

However, each business is unique. It's important to consult with professionals to determine the best fit for your specific goals and circumstances. 

*The information provided on this article does not, and is not intended to, constitute legal advice; instead, all information and content provided here is for general informational purposes only.

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