Advice on setting up US side of things

[OberonSH]

Now we've set up the UK side of things, by making LTOH a limited company we want to set up a similar thing in the states - only bringing American stuff over here. Can anyone point us in the right direction as to getting the equivilent of a Limited Company set up, and how to go about it?

[OberonSH]

BTW I read recently that the US organisation involved in the L1 can be a partnership, doesn;t have to be LLC or a corporation. Is this right? What sort of taxes wold we have to pay on a partnership as opposted to an LLC, and would we need registered offices etc?

[lorraine]

We have LLC and that is what we were advised by attorney and the accountant. We registerd the company here about 2 months before we arrived .

I sure someone will explain the diffences I can send you a link.

[OberonSH]

Thats great, any help would be appreciated!! I take it LLC is the eqiv. of the UK limited company. One step up from a sole trader.

[kirtida8]

I think most people set up LLC's, although there are also S Corps. You need to get the advice of a CPA on the tax advantages of each type and then make your decision on which one would best suit your situation. It is best to get set up a couple of months before you get here, and preferably before you go to your interview at the embassy, so that you have proof that the business is setup and waiting for you to take the reigns so to speak.
Good luck with whatever you decide.

[byjove]

I can give you a name and address of the attorney we used, he was very good and new what "requirements" we needed.

[DEE F]

Hi Oberon I am going to email you later on today,when I get back home,so you probablywont see it till tomorrow,take care.

Love Dee xxxxxx

[tracifrost]

ok, first steps to set up, apply at IRS for an employer identification number, EIN, so that you can start to pay tax etc, you need this number before you can do anything.
In regards to LLC (equalent) of a UK ltd company, or corporation
i would advise to set up a corporation initally then once you are here, and been running for a year set up a LLC. I would advise to go for a S corp rather than an a C corp, one pays two taxes ie, taxes on your earnings personally, then taxes on the company, ie two sets of taxes but the other, pays only one set of taxes.

Now i honestly cannot remember why, we was advised to go for the corporation as opposed to the LLC, as we have a UK ltd company, but all i know is that setting up a corporation as opposed to an LLC to initally get the visa had its advantages over an LLC and my lawyer did tell me why, but i cannot remember. I think it was something to do with tax advantages of a corporation that an LLC doesnt have

[JulieC]

You dont need to use a lawyer, it is pretty easy to do it yourself on line, we used Spiegel and Utera who have a website. Most people get an LLC, you can even get a single member LLC. You can convert it to an S corp when you get there as you have to be a US resident to have a S corp.

[debd]

sunbiz.org give advice and for starting up a business and have loads on information available regarding what type of corp and tax requirements

[InnVic]

llc the taxation is easier - you can even opt to be taxed personally INSTEAD of the company...this means you don't have to take a salary (we do owners draw and tax is paid in one lump at start of year.)

[lorraine]

I just read Traci post and we were told the exact opposite we have llc and ltd in uk and were told it would be better to have llc. You need to speak with good attorney and accountant. Good luck kind regards Lorraine

[lorraine]

May help

LLC vs. C Corporation
Choosing Between the LLC and C Corp
For many small business owners, a Limited Liability Company (LLC) offers advantages over a "C" corporation (also known as a "general" corporation). The LLC combines the tax advantages of a sole proprietorship or partnership with the liability protection of a corporation.

Pass-Through Taxation
The profits of a C corporation are taxed first at corporate tax rates. Then, if the C corporation pays dividends to shareholders, those dividends are taxed a second time at the personal income tax rates of the shareholders. This "double taxation" is avoided by the pass-through nature of LLC taxation. The Internal Revenue Service (IRS) does not consider an LLC itself to be a taxable entity. Instead, the company's earnings "pass through" to the owners, who report their share of profits or losses on their individual tax returns. Only one personal tax return for each member is required, and the company's earnings are taxed only once.

Special Allocations
In a C corporation, dividends to shareholders must be distributed in proportion to the number of shares they own. This is true regardless of the amount of effort an owner put into the business. In contrast, LLC owners can split profits or losses in any way they choose. Therefore, an LLC owner who owns 50% of the company may actually receive more or less than a 50% share of the profits or losses. This scenario, called a "special allocation," must be accomplished in accordance with IRS regulations. Small business owners should consult their accountant or tax advisor for specific guidance regarding special allocations.

Electing Corporate Taxation
Small business owners who want the flexible structure of an LLC but the advantages of corporate taxation can elect for their LLC to be taxed as a corporation. To elect corporate taxation, owners file Form 8832, "Tax Classification Election," with the IRS. This election may allow LLC owners to save on taxes. With corporate taxation, the first $75,000 in income is taxed at corporate tax rates, which are generally lower than the individual tax rates assessed on LLC owners. Electing this status may also make an LLC eligible for certain deductions available only to corporations. For specific guidance, small business owners should consult their accountant or tax advisor regarding this election.

[SHEILA 13]

We did our LLC ourselves and used the Sunbiz.org,it was quite straight forward.

[OberonSH]

We're thinking it will really help our application to have the US side set up, we also want to get a jump on bringing the US food over here (I'm a big fan of Mountain Dew, myself), would I be right? Plus I believe if the US side is going for a year, we can apply for our GC at the same time as the renewal is due. So getting started now should help the process alsong. Plus I want my Mountain Dew, and I'm not paying £15 a case.

Looks like a bit of a minefield - I read that a partnership qualifies for the US side in the embassy's eyes, but though the more official the better.

How about premises etc? We're hoping to be doing it all from here, until we come over obviously, but I'm presuming LLcs etc need a registered address.

Loks like a bit of a minefield, so if anyone can PM me the names of the companies they've used in this field and how they rated them I'd appreciate it. The Ltd side over here was really easy - One call to a specialist set up place. I'd proably go down this route as I'd feel more confident someone else sorting the forms.

Thanks for your help guys, it's really appreciated. On a lighter note, I've had the all clear from the doctors to fly in Novemeber, so our first family holiday to Florida is back on!! Yay!!! I'll be right on the 36 weeks, so the flight probably won;t be the comfiest but hey, DD gets to see Mick-Mick Mouse (as she cals him). I'll put up with 9 hours of discomfort for that!

[kirtida8]

I agree with Lorraine, use www.sunbiz.org. It is relatively simple to set up your LLC and myflorida.com will also explain how to do it and what you need.
Good luck and look forward to meeting you in November.

[OberonSH]

Okay, I think we're ready to go ahead with this, but I'm a bit stumped by the registered agent bit. What's this bit all about? Also we need to give a street address - bit tricky as we're online, with no premises yet in the US. Any thoghts anyone?

[floridapete]

Okay, I think we're ready to go ahead with this, but I'm a bit stumped by the registered agent bit. What's this bit all about? Also we need to give a street address - bit tricky as we're online, with no premises yet in the US. Any thoghts anyone?

A Registered Agent is,typically, your Agent in the US to whom, or through whom, all correspondence and communications should be addressed, if different from your own name and mailing address.

Quite often this may be the name and address of an immigration attorney, a consultant or an accountant who has set the business up for you. That is how I often know from the state record who set the business up for the owners of the business - and that can often be 'telling'. People like Doug Hall, for instance, are often shown as Registered Agents when they may be setting a business up for people ahead of actual immigration and visa approval. Some Registered Agents may have dozens, even hundreds, of names listed to their names as 'Agents'.

But you don't have to have one - it's up to you !

[davidmartin_uk]

Hi

We set up an LLC remotely and used our US attorneys as our registered agent . All correspondence goes to them and they filed the annual report (even though the LLC is not trading yet) as required by New Hampshire law. Things my be different in Fl.

Dave

[OberonSH]

So the trick is to be a bit careful with it then. Can you recommend anyone that can help out.

It's also been pointed out on another forum that we could be candidates for an E1, as we deal principally with the USA. Just as we were getting our head round things!!! I'll have to do some more reading up though.

[OberonSH]

Scratch that, no GC, plus $500k plus of trade might be pushing it. In the first year anyway :-) We'll stick with the L1...

[peter gold]

I am no expert on L1 visas , but am concerned that you are picking up different pieces of information from different sources, and may not be piecing them together properly.
Last year they added an extra fee of $1000 for L1 applications to pay for additional fraud investiataors.
They now scrutinize these apps with great care so please be careful.
The cost of expert immigration advice to assist you along the road would be a great investment.
The L1 visa can lead to a green card , and is a great visa compared to E2 if you can get through the first renewal after one year. The first one year visa is not hard to get but the renewal is, if it is set up improperly

[OberonSH]

Can you recommend anyone? We got majorly put off by all the horror stories and have no wish to join the ranks of the ripped off.

[peter gold]

I would be happy to. Susie has already spoken with this firm who helped Kirtida out yesterday and got her a visa extension in hours. I will pm

[OberonSH]

Cheers. We were aware of the extra charges in relation to the L1, and are hoping that setting the US side up also will show that we're serious.

[reecey]

if you meet all the criteria i would go for L1 its alot less hassle than us E2ers, i would ask everyone whos sucessful on L1 who they have used

[Munish]

There are also provisions in the STRIVE Bill regarding L1 visas (don't know what it says), I would also see how that might affect you if this gets enacted and implemented before the Embassy review your application.

[davidmartin_uk]

I agree 100% with Peter. Get a top VA. The cost is small compared to the total investment. Many many applications get rejected because of poor decisions early on that are spotted very easily by the embassy. They are experts at sifting thought documents as they do it all day and will quickly find if something is wrong. My advice would be to use one in London. They may be more expensive but you can actually go and meet them and they are closer and more knowledgeable to what is going on at embassy.

Dave

[davidmartin_uk]

Further to the attorney choice I have heard of a case today where very recently a couple were advised the following to keep their aged out son in the US.

Step 1 Pay $20k into an account in their son's name to show he has working capital which we can take back once the application is processed in 15 days !!!!!!!!!!!!!!!!!!!!!

Step 2 Attorney will create a business plan showing potential customer contracts for a grass cutting business along with opening an incorporation in our son's name only as a "manager".!!!!!!!!!!!!!!!!!!!!!

Step 3 Son then receives a 2 yr E visa of his own and the condition is that he must employ someone pt time before the two years are up.!!!!!!!!!!!!!!!!!!!

Note the !!!! have been added by me!!!

This is incredible that this sort of advice is still being given out! It is completely incorrect as we all know!

Choose your lawyers wisely after personal recommendation only.

dave

[peter gold]

David
The advice part is not as bad as you think.
Parent company is bringing aged out son into the company as a manager, and gets E-2 manger visa .
I have know it done (only where the comapny is quite substantial justifying a manager), and it got the aged out child an extension of her visa but. As yet she has not been back to London for the visa interview. She may not need to if she marries her US boyfriend.
The advice is not incorrect, incomplete yes and possibly not accurately relayed to you.

[v2002]

I would like to add my 2 cents on this .
Good immigration attorney is great but always know.. NO lawer have any connections or power to get you an early approval.

The only advantage you have is that if you have good attorney who is filing your papers with care ... USCIS will not find faults in it.But to say that attorney can get you Approval is WRONG and INCORRECT.


Regarding Kirtida case and approval in hrs what I know is that SHE FILED under premium processing herself .... and UNDER PP USCIS is obliged to give her approval or denail in 15 calander days ...... or refund her $1000 PP fee.
In this case she got approval within 15 days NOT BECAUSE the lawer called or got her approved.

****Originally Posted by kirtida8
I just received an email confirmation that my I-129 petition for extension of stay has been approved by the California service center! I know I filed using premium processing - but even I am stunned at the speed of the approval ( date filed May 7th 2007) - by my calculations that is just 4 business days!! What more can I say?....
****Than Kirtida reported in second thread that USCIS said it was a website error to show her approval.......Therefore going by the date that she filed USCIS was anyway obliged BY law to make a decision on her case within 15 days that would be approve or deny by May 21 2007.
Now as per Kirtda she filed/posted her application on may 7 but the date determined for 15 days is always the date USCIS receive's your mail not the post date ...... so if K counts 15 days from the notice of receipt she must see that approval was made within or on 15/16 days from date of NOTICE.....

[davidmartin_uk]

Hi peter

didn't explain it properly.

This 'grass cutting business' is a new company!! A new application!!!

I am going to contact the lawyer in question and get him to do a fresh application for me. Buy a couple of mowers from B&Q and its done!!!

If only we had all known it was that simple!!!!

dave

[peter gold]

Now I understand. No will not work with a new business.

[kirtida8]

In reply to V2002, yes I did file under PP and USCIS received my application on the 7th and the supporting docs on the 8th, therefore yes the approval/denial should have been by 22nd. But I then received contradictory information from USCIS on the 21st to say that my case was now being processed as they had received the additional docs requested and I would get a reply in 60 days. I never received a request for additional docs - so never sent in any. It was only when I called the service center that I was told that (after agent went away to confer) they were referring to my original supporting docs received on the 8th, and that the earlier approval was a "glitch". As it was near to the 15th day I inquired as to when I could expect a reply and was told that there had been another error and yes I would hear back in 15 days not 60 as stated. I was also told that if I was denied, I would have to cease work immediately, and as I would be out of status, I would need to leave ASAP. This is why I then hired the VA, as I do have the added complication of the litigation. When I received the call last night from the service center, she told me that they had reviewed the case after my VA had contacted them and hence were letting me know that I was approved and to let my VA know that too. It is up to you to decide whether anything he said had any bearing on the outcome - but it must have done something for them to call me so quickly after he called? After all, by their own rules, they had another 12 days to decide (from the 21st - not the 8th) and so did not need to let me know and could have waited or continued to review.

[v2002]

I never received a request for additional docs - so never sent in any. It was only when I called the service center that I was told that (after agent went away to confer) they were referring to my original supporting docs received on the 8th, and that the earlier approval was a "glitch". As it was near to the 15th day I inquired as to when I could expect a reply and was told that there had been another error and yes I would hear back in 15 days not 60 as stated. I was also told that if I was denied, I would have to cease work immediately, and as I would be out of status, I would need to leave ASAP. This is why I then hired the VA, as I do have the added complication of the litigation. When I received the call last night from the service center, she told me that they had reviewed the case after my VA had contacted them and hence were letting me know that I was approved and to let my VA know that too. It is up to you to decide whether anything he said had any bearing on the outcome - but it must have done something for them to call me so quickly after he called? After all, by their own rules, they had another 12 days to decide (from the 21st - not the 8th) and so did not need to let me know and could have waited or continued to review.
Thanks kay for filling up the blanks.
It all makes sense now.....USCIS proved its incompetence once again ... cannot believe how stupid and illiterate people they have sitting at help desk. Who cook up answers without any bases? For eg. telling you that they had requested Inf.. And they have recd. one from you and were processing that now ... WHAT a LOAD of CRAP... since they knew they made that up they tried to buy 15 more days time from you ... as they KNOW as per rules they MUST REFUND your money back by law.
Since they knew you did not have an attorney they tried another tact’s with you... playing on your fear ... to be out of status...You did the right thing ... to hire an attorney. Now when USCIS knows that you have an attorney they know they cant fool you anymore.So it’s always good to have an attorney on your side. No doubt about it.

The reason I posted was that Peter's post made a suggestion(which he may not have intended to do so ) that his attorney got you approval in only few hrs. And THAT post without any background would have lead others to believe that hiring his recommended attorney would get one approved in few hrs... and THAT IS absolutely not correct.

No attorney can get anyone approval by just calling USCIS... as USCIS does not give a dammmn to any attorney.

By the way I must say ... you did gr8 job in putting together your application.... That’s what got you the approval. Regarding your presumption that they had 15 days... THATS not correct. Infact if you want to ... YOU CAN CLAIM your PP fee ($1000-) BACK as per the LAW. Since you do have proof that they received your application on 8 may and they failed to process it by 23 may 2007. But if your approval notice shows 23/24 date than you cannot As THEY DID PROCESS your case within 15 days limit.

Why did they inform you for this is because by law they are bound to do so... OR they will be in deep trouble as per the new rules. Under no circumstances can USCIS make an excuse that they need more time unless they can prove in B/W that they indeed requested additional information from you. In this case they never did and they knew they did not and they also knew that they could not add that RFE in later date - therefore they had no option than to process/clear your file in time frame stipulated as per the law... which they eventually did.

You should also check the update on your case at USCIS site and take out a print.

[kirtida8]

Have done - so this time it is kosher:)

[tracifrost]

V2002, that is incorrect info, USCIS dont have to give you an answer within 15 days, otherwise they have to refund you.
they have to adjudicate the case within 15 days, example
they receive a petition on 1st may, by 10th of may they send a RFE, so that 15 days now stops!
they receive your additional evidence on 20th may, now from 20th may, the clock starts to count again, so USCIS now have an additional 15 days from the 20th may NOT 1st may.

[v2002]

V2002, that is incorrect info, USCIS dont have to give you an answer within 15 days, otherwise they have to refund you.
they have to adjudicate the case within 15 days, example
they receive a petition on 1st may, by 10th of may they send a RFE, so that 15 days now stops!
they receive your additional evidence on 20th may, now from 20th may, the clock starts to count again, so USCIS now have an additional 15 days from the 20th may NOT 1st may.
My dear Traci,
Please read the post and than jump to conclusions.:D
If you had only read kirtida’s post before responding to my post you would have saved yourself the trouble to waste your precious time and mine too.
:D :rofl: :rofl: :rofl: :rofl:
But since you did not do so next time you say that my information is incorrect please understand what the post is all about and than check your facts accordingly.
For your kind information there is NO RFE sent in Kritda’s application…therefore there is no restarting of clock on 15 days. In her case in absence of RFE USCIS is obliged to adjudicate (deny or approve )the case within 15 days from its receipt or, they have to refund the PPF back.
Hope you agree with my post now :D

[v2002]

I should explain for everyones benifit how Premium Processing Service works-

P.P.S allows a business/individual/attorney to pay a $1,000 fee in exchange for the 15-calendar day processing time of their petitions and applications. USCIS guarantees that within 15 days USCIS will either issue
*an approval notice
*a notice of intent to deny
* a request for evidence
or
*a notice of investigation for fraud or misrepresentation.
If the USCIS fails to process the petition within 15 days, it will refund the $1,000 to the company]business/individual and continue to process the petition as part of the Premium Processing Service.
Hope this helps to understand why Kirtida can get her $1000 dollers back.. all she needs is to look for actual date USCIS received her paperwork(look at notice from them and count 15 days from that... if her approval shows a day more than 15 counted days... she is entitled to get her $1000 back from USCIS.
:D If she deciodes she does not need the money back .. I stringly recomend please check the dates .. if yu dont need refubd get it for Expats site and donate it to susie :D :D :D :D :D I am sure kirtida is smiling and thinking "oh !! what the heck I can keep the K bucks for myself:D Well u sure can.

[kirtida8]

V2002

I would like nothing better than to donate it to Expats, but unfortunately like most I am cash strapped so if I get my refund I would have to keep it in order to pay my other bills. So sorry Sue:(

[OberonSH]

That's good to know. So for the benefit of us thickies basically once they tell you they have received your application, you have 15 calendar days (i.e not working days or british VAT office working days, which bear no resemblance to the normal 24 hour Earth day) to receive either a) a request for more info, b) approval or c) denial. If they want more info, the 15 days starts again when they tell you they've had the extra stuff. If it's more than 15 days, you get hold of them and say 'Oi! I want my cash back!' but they still have to rush it through.

Could be a nice little money maker if they ever get as bad as London....

I relation to my query about what's going on with us, we get ourselves a VA. Like I said, I've got a phone consultation with one on Tuesday, I just wanted to gather as much info myself as I can, so I can spot it should I start getting ripped off. I'll let you all know how I get on.