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Register a Delaware LLC for Non-US Resident

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Register a Delaware LLC for Non-US Resident
Ishita Ramani By: Ishita Ramani
August 14, 2023
All Articles by: Ishita Ramani       View Profile
  • Contents

Introduction

You don’t have to be a resident of Delaware or even go there to create a Delaware LLC (Limited Liability Company). Anyone from any country can set up a Delaware LLC or corporation and engage in legal economic activity, with the exception of citizens of prohibited nations (Cuba, Iran, North Korea, Syria, and Russia). The benefits of forming an LLC in Delaware are discussed in this article, along with the steps for “How to register a Delaware LLC for Non-US Resident?”

What is LLC?

LLC stands for Limited Liability Corporations. It is a combination of both the Corporation and Partnership Firm. LLC has credibility and limited liability that one can generally sough in a corporation and flexibility and pass-through taxation that are the main characteristics of a Partnership.

How to register a Delaware LLC for Non-US Resident?

The Delaware Division of Corporations facilitates the formation of LLCs and corporations in Delaware. This will be referred to as your “domestic state.” Your corporation will be regarded as a “foreign entity” in states other than your home state (America has 50 separate states and a few more jurisdictions). The steps for starting a business in Delaware are very similar to those for US citizens:

  1. Suitable Name for LLC

You must make a crucial choice regarding the name of your new company before you can register it. Although choosing a unique name for your company may appear easy at first, it is actually one of the most important and challenging steps in the process of starting a business.

The name of your business must stand out and draw clients in, but it should also stand for much more. What products and/or services you are selling should be clear. The name of your business introduces your brand to the public and could also send a statement about who you are as a business and what you stand for.

2. A Certificate of Organization or Certificate of Incorporation must be submitted.

The type of entity being formed will decide the name of the creation document. Certificates of Incorporation are used by corporations. Certificates of Organization are used by Limited Liability Companies. You have two options for submitting these documents to the Delaware Division of Corporations: via mail or online at the Delaware Division of Corporations website.

Since it is more in line with the laws and regulations of their native country, many non-residents opt for corporations. In addition, it is going to be a C corporation, which is how you must file your IRS taxes if you receive money from the United States.

3. Obtain and EIN (Employer Identification Number)

To file and pay taxes in the US, your Delaware corporation will require an Employer Identification Number (EIN). Once the state notifies you that your articles of organization for Delaware LLCs have been approved, you can file Form SS-4 with the Internal Revenue Service to ask for an EIN. The IRS accepts EIN applications via phone, mail, or Internet.

The key steps involved in company registration in the USA are picking a business name, submitting the required paperwork to the Secretary of State, obtaining an employer identification number (EIN), and filing taxes. These procedures typically involve choosing a business structure, obtaining required licenses and permits, registering with the appropriate state authorities, and adhering to federal and state regulations.

Documents needed for the Delaware LLC Incorporation

  • Names of Partners Under Law
  • percentage of each partner’s partnership
  • IRS requires an original or certified copy of the passport in order to issue an ITIN.
  • In the absence of a passport, the IRS must receive an original driver’s license and voter identification card from the nation of origin.

Conclusion

The majority of non-residents who desire to grow their businesses could discover that LL incorporation in Delaware is the ideal choice. Since it is so simple and straightforward to create an LLC in Delaware, there are lots of chances for business owners to grow their enterprises.

 

By: Ishita Ramani - August 14, 2023

 

 

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