Delaware offshore company
Located on the Atlantic coast, halfway between New York and Washington D.C., Delaware is one of the smallest states in the US both in terms of its area and population. However, it is a major US corporate domicile: more than 380,000 companies are incorporated in Delaware including 60 percent of the Fortune 500 and 50 percent of the companies listed on the New York Stock Exchange.
The year 2000 amendments to the Delaware Corporate Law afford corporations great flexibility in the use of Internet and other high-tech facilities: virtual meetings of directors or shareholders may bear the same legal force as personal ones.
The US federal tax system facts:
General C Corporations formed in Delaware pay a 15% federal rate on the first $50,000 of taxable income each year. The deductibles are medical and dental expenses, health insurance and disability insurance premiums for the employees. Shareholders may be hired by their own corporation.
We incorporate Limited Liability Companies also in the following US jurisdictions:
Note:
Shipping ($) 110
* Nevada: Prices include $125 state registration due within 60 days of formation
* New York: Prices include "expedited services"
* Washington: Prices include first annual registration due within 60 days of formation
* California: Price includes $800 state registration due within 60 days of formation.
** Professional =Apostilled Package + Deluxe Corporate Kit
Delaware tax system facts:
NO sales tax, NO intangible property tax. The Delaware corporate and franchise tax is minimal and is not based on earned income.
The best offshore/onshore tool in the USA: Limited Liability Company
OUTSTANDING FEATURES OF US COMPANIES:
Corporative legislation
Laws on LLC have been adopted in virtually all states: Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota,
Mississippi, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming. These laws are identical, with slight difference in the matters of incorporation and taxation of companies;
Form of tax-exempted company
Limited Liability Company (LLC) (hereinafter - company);
Authorized business activities
All and any activities not prohibited by the law
Providing of banking, insurance and re-insurance, trust services is subject to special license;
Qualification of LLC for tax purposes
A LLC may be qualified either as corporation, partnership or sole proprietorship for tax purposes. An LLC with sole member shall not be treated as an entity separate from the member, and it shall be tacitly qualified, depending on who is the sole member, as follows:
- If the member is a natural entity sole proprietorship;
- If the member is a legal entity a subsidiary of the LLC with two or more members, it is qualified as partnership;
Taxation
If the LLC is qualified for tax purposes as partnership, their income is only subject to taxation on the level of company members in proportion to their contributions. Members have to pay taxes in the USA, if business activities are carried out on the territory of the USA;
A company that carries out no business activities in the USA is exempted from payment of taxes in this country and entitled to pay taxes at its domicile. A company with non-resident members from USA that carries out no business activities on the territory of USA is not required to fill in the SS4 form and obtain the EIN (Employer Identification Number) number.
Name of company
The name must not be identical or confusingly similar to the existing ones;
The ending of the company name must end differently in different states:
Delaware - Limited Liability Company; L.L.C. or LLC, there can be words Club, Foundation, Fund, Institute, Union, Syndicate, Trust, Society, Limited, in the name of company.
Vermont, W. Virginia, Oklahoma - Limited Liability Company or Limited Company, L.L.C., LLC, LC. Limited and Company or abbreviations Ltd. and Co.;
Oregon, Mississippi, New York, Florida, S. Dakota - Limited Liability Company or L.L.C.
Kentucky, Georgia - Limited Liability Company, Limited Company or LLC - LC;
Arkansas - Limited Liability Company, Limited Company or L.L.C., L.C., LLC, LC. Limited and Company or abbreviations Ltd. and Co.;
Wisconsin - Limited Liability Company, Limited Liability Co. and L.L.C., L.LC.
Who executes the foundation documents?
Registration agent;
Statute capital of the company
There are no requirements according the minimum size of statute capital;
Necessary documentation for registration
Application of registration agent;
Shares
Company does not issue shares;
Shareholders
- Minimum number
- Nominal shareholders
- Citizenship
No requirements according the number of participants, but its recommended to have at least two;
No requirements;
No requirements;
Does the law provide for non-disclosure of the information about actual owner of the company?
NO. If services of nominee shareholders are used, the actual owner of company stays anonymous;
Directors
- minimum number
- nationality and citizenship
- status
No requirements;
No requirements;
Status is nominated by the shareholders of Company;
On the territory of an state there has to be
- registered office
- registered agent
- local secretary
Required;
Required;
No requirements;
Holding of the meeting of shareholders/directors
Meetings can be hold in any part of the world. Minutes may be kept at any place. Annual shareholder meetings are required;
No requirements;
Mandatory
- keeping of accounting records
- preparing of annual account
- presentation of auditors conclusion
Not required. Have to pay the government fee -Franchise Tax (in some states also to submit Annual Report or a List of Managers in secretariat of State)
Yes, if the number of taxpayer of USA has been received. In other cases not required;
No requirements;
Information at disposal to the third party
Name of company, date of incorporation, tax status, registration agent and office;
Documents kept at the registered office
No requirements;
Agreements on exemption from double taxation
All agreements signed in USA, but it depends on its regulations, how its going to be used;
Term of incorporation
Approximately 3 weeks;
Costs of registration of company
Look at price list
Possibility to purchase a ready-made UK offshore company
Yes
The best offshore tools in the Delaware state: Delaware Corporation (DC), Limited Liability Company (LLC)
WHY DELAWARE BECAME THE CHOICE OF MANY OF OUR CLIENTS:
- Reputable US Delaware Corporation Law.
- Recognition of LLCs.
- Quick and inexpensive process of incorporation (DC) or formation (LLC).
- One person may hold all positions in a DC or a LLC.
- No minimum capital requirements for DC and LLC.
- Corporate tax (franchise tax for LLC) is minimal and is not based on earned income.
- A superb separate court system for corporate litigation is considered the best in the US.
- Low annual support costs.
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Asset Protection s.r.o. is not a law firm and does not provide legal advices or legal services. We recommended to consult licensed professionals with regards to local tax and legal matters.
