Abrir Empresa nos EUA: 6 passos importantes

1. Prerequisites

Many people don't know this, but: You don't need a visa to start a company in the USA.

Who can start a business? Anyone, whether they have a work visa, green card or tourist visa, can start a business in the United States. All you have to do is fill in the forms and send them in.

There are also two different types of companies: The so-called Domestic company is based in the USA. But you can also set up an external branch of your main branch in the US and mark it as "foreign".

In the case of a foreigner, taxes can continue to be paid in the country where the main activity takes place.

And that opens the door to the next question: can you save taxes in your own country by founding a company in the US? Not really.

Because if I open a company in the United States, taxes in the United States will only be due if the activity takes place there.

Therefore, if I continue working in Brazil, I will also have to pay taxes in Brazil - even if I have a company in the United States.

The same thing happens in the US itself: there are some states that charge less tax, such as Delaware. But if I live and work in California, for example, but the company exists in Delaware, I still have to pay taxes in California.

Only if I actually did the work in Delaware - only then would the tax be due there. So you see

It's also possible without a residence permit or work permit.

The US therefore differentiates between two types of foundations: domestic and foreign.

So if you just want to have a branch in the US, you can classify your company as "foreign" and thus you would have founded a legally registered form of business.

This would virtually only be on paper, so you don't necessarily need to have an office branch.

So someone from abroad can start a company in the US and even employ people there - or not - without having a work permit.

I just want to express that the visa and the company are not necessarily linked.

The simple American philosophy: if someone wants to start a company, no demolition will be done.

After all, there are fees and costs involved, and if someone is already investing them, the state considers them welcome.

For example, in California, a minimum annual tax of $800 is paid on an LLC, domestic or foreign, even if it has no income.

Thus, the state also offers foreigners the opportunity to found a company, after all, the state receives a tax.

This tax is also paid when the focus of the activity is abroad - this is the so-called flat tax, which becomes a "franchise tax" and is mandatory in these US states: Alabama.

2. Legal form

There are two main legal forms in the USA: LLC.

The LLC is the simplest form and costs between $20 and $75, depending on the state.


But there is a significant difference and advantage with the LLC - one is excluded from liability.

Because LLC stands for Limited Liability Company.

That's why the LLC is preferred by many small businesses.

Taxing the LLC is also relatively easy: the earnings of the LLC are simply transferred to the person.

This means that as soon as the LLC earns income, it is allocated to the shareholders as if they had earned it.

Inc., short for Incorporation, also protects shareholders from liability.

However, in the case of an incorporation, the company itself is taxed.

So the corporation can earn as much as it likes, the shareholders themselves are not taxed on these earnings.

Only when you distribute the money (called a dividend payment) are you required to pay - a dividend tax is due.

This also makes it clear that this leads to double taxation.

Finally, Inc. pays a tax and then another tax is due on the distribution.

Now, some are wondering - why did you found an Inc.?

Quite simply: if you want to be a big company and you need money in the

account for reinvestments, this is the best way.

However, if you want to withdraw money directly from the company, the LLC is more suitable.

3. Taxes

Actually, it's not that complicated.

Tax is due where the focus of the activity is.

So, if the company is centered in the United States, tax will also be levied there.

If, on the other hand, you own a company in the US but work in Brazil, Brazil is entitled to this tax.

4. Delaware tax haven?

A popular rumor is that a company should be founded in the US state of Delaware, because the tax situation is particularly favorable.

The reason why all companies don't start a company in Delaware and save taxes is as follows

save taxes is as follows:

The focus of the activity must also be Delaware.

Simply having a branch is not enough to be able to pay tax in Delaware.

If you really want to save tax in Delaware, you also need to reside there and work there.

The tax authorities say unofficially that you would have to work there for at least 180 days to be able to pay taxes in Delaware.

Obviously, it's also quicker if you have a residency and residency status, for example.

For the US tax office, a driver's license and a place of residence in Delaware are sufficient evidence.

As there is no requirement to register in the United States, permanent residence is evidenced by electricity and telephone bills and evidence by Delaware car insurance.

Then you can already be legally taxed in Delaware after the 1st - the tax will be due next year and from then on it will be clear where exactly the focus of the work was in the previous year.

5. LLC created in the USA

As explained above, it is possible to create a foreign or domestic Limited Liability Company (LLC).

In Foreign, the focus of activity is not the respective US state. In Domestic, the focus of activity is the country in which the LLC is registered.

Registering an LLC takes 5 minutes

For example, in California, it's Form LLC-1. All you need is an address, the manager's name and a person who can accept letters.

These people are called corporate agents in the United States and can be

easily be booked for, for example, $50 a year.

After a while, the Secretary of State will send a confirmation by mail and the LLC will be officially established.

The simplest variant is the establishment of an LLC in the so-called pass-through (delivery) procedure. This means that any income from the LLC is simply recorded under my personal income and losses.

This simplifies the tax return several times over.

What's more, you don't necessarily need an extra bank account for the LLC.

This variant can also be used with several members - in which case all the LLC's income and losses are attributed to the respective members as a percentage.

This is very cheap for tax purposes.

Inc. founded in the USA

This is basically a Incorporation, abbreviated Inc.

There are two different types of incorporation in the United States. The most popular and most common is the so-called C-Corporation.

In this case, the incorporation is a separate entity.

This means that Inc. is like a person - you need to file your own tax return, you need your own bank account and all income and losses go through Inc. accordingly.

These revenues and losses are not attributed to the shareholders.

For example, if Inc. makes a profit of one million dollars, the money will be taxed normally by Inc.

The partner or partners themselves do not have to pay tax at first.

Gains and losses therefore remain with Inc. Shareholders only become taxable when they pay out money from the merger - in other words, they make a dividend in the specialized jargon (dividend payment).

It's important to mention the importance of advice when opening a company in the USA, so we've listed some of the problems that occur during the opening process:

6. Selecting a company name

When choosing a name, you must ensure that it does not infringe on other people's trademarks.

Here are some sources to look for before deciding on a name:

United States Patent and Trademark Office (USPTO).

At the United States Patent and Trademark Office, the first thing to do is search the "Trademark Database" under "Trademark Electronic Search System (TESS)" to see what trademarks or names they already have registered.

It also depends on the class in which certain names are registered.

Basically, however, you shouldn't register a trademark as LLC or Inc., as you risk a legal dispute with the trademark owner.