PDA

View Full Version : L1..What is the correct way to set up the US subsidiary ?????


flying chippy
09-07-2009, 08:20 PM
Hello again, i'd like to call on your vast wealth of knowledge to please assist once more.

we seek your advice on what is the correct way to set up a US subsidiary for the L1 paperwork ?????

Is it in the names of the UK directors or the UK company name., as it's the company that is the sponsor??
And does that following when forming the US company for taxes etc??

:o

many thanks........

Kirstie
09-07-2009, 10:15 PM
You need to set it up as a US corporation. If it owned by foreign nationals - which it would be - it will need to be an LLC. Most corporations types here cannot be owned by a majority of foreign nationals.

This is a good reference article
http://community2.business.gov/t5/Business-Law-Advisor/Starting-a-Business-in-the-U-S-as-a-Foreign-National/ba-p/3468%3Bjsessionid=2953C2F7555776C0AFE5B66F71262B6A

lorraine
09-08-2009, 12:15 AM
We set ours up as an LLC, UK company was Ltd. Renewal after 1 year , got 2 year renewal, after another year put in GC application and got that. Good luck

Pest Controller
09-08-2009, 10:38 AM
We set ours up as an LLC, UK company was Ltd. Renewal after 1 year , got 2 year renewal, after another year put in GC application and got that. Good luck
Hello Lorraine
Could you give a shade more help. We have the US LLC set up with two owners/directors, one of which is the MD of the UK business (did that 3 years ago). When you set up your US subsidiary, did the UK Ltd company own all shares in the LLC (we unfortunately set it up in my wife and my names so we may need to change that. What do you think?
Thanks a lot
Bob

Carl
09-08-2009, 12:44 PM
Your United states company and your Uk company can be owned by the same people, that will give you a qualifying link, if your united states company is up and running with staff etc you can apply for a green card and skip the L visa part, providing both companies qualify.

Carl.

telco
09-08-2009, 12:57 PM
Hello again, i'd like to call on your vast wealth of knowledge to please assist once more.

we seek your advice on what is the correct way to set up a US subsidiary for the L1 paperwork ?????

Is it in the names of the UK directors or the UK company name., as it's the company that is the sponsor??
And does that following when forming the US company for taxes etc??

:o

many thanks........

The US company should have the same ownership as the UK company. This means that if you have 2 directors with 50% shares in the UK company, the US company should be same. It can be an LLC, Corp or any type of shareholding compnay in the US.

lorraine
09-08-2009, 03:22 PM
Yes our Uk company was owned soley by me so the Us company was also owned soley by me. I owned 100 percent shares in both business. We kept the name of the business the same here and in the UK (although that is not a requirement). Carl is correct you can apply for GC straight away. Good luck

McSporran
09-08-2009, 04:36 PM
You need to set it up as a US corporation. If it owned by foreign nationals - which it would be - it will need to be an LLC. Most corporations types here cannot be owned by a majority of foreign nationals.

This is a good reference article
http://community2.business.gov/t5/Business-Law-Advisor/Starting-a-Business-in-the-U-S-as-a-Foreign-National/ba-p/3468%3Bjsessionid=2953C2F7555776C0AFE5B66F71262B6A

Sorry Kirstie - but thats not correct, the company can be an Inc or LLC, or LLP for that matter.

Its only the tax status of a company that has residency requirements (i.e. C or S type - the first being able to be held by anyone, the second, needs US residency (nationality has nothing to do with it)).

Susie
09-09-2009, 07:05 AM
You can register your biz name on www.sunbiz.org good luck with whatever you decide to do when you get here

Susie
09-09-2009, 07:07 AM
You will need to register for sales tax, depending on what biz you start you may have to register for tourist tax. You will also need to apply for an occupational license

Pest Controller
09-09-2009, 08:25 AM
Thanks to all who have responded to both Flying Chippy and Pest Controller. Will make the changes to the Company records in FL. to reflect the correct ownership in order to ease the L1 procedures. Thanks agains everybody. Bob