Frequently Asked Questions

1. Can a foreign person open and own a US LLC or C-Corp?

Yes! The United States allows foreign citizens to form and own companies in the United States, with the exception of S-Corporations. You don’t have to be a citizen or have a green card to own a Limited Liability Company or C-Corp in the US!  You will enjoy the same advantages as US citizens in terms of business ownership [and some additional ones we can share with you]


2. Does a foreign-owned US Company pay taxes in the US?

This will depend.

If you form an LLC, your LLC will not have to pay taxes Instead, all members individually pay taxes on the personal income they earn from the business. If you are a tax resident of Ukraine, you will pay taxes on income in Ukraine. Since the US and Ukraine have a double taxation treaty, you will not have to pay any taxes in the United States.
We are often asked by our Ukrainian customers to help set up their taxes in Ukraine to avoid paying too much – contact us today to find out [how]!

If you have started a C-corporation, the Corporation WILL have to pay corporate taxes in the United States. All shareholders will also pay taxes on profits.


3. What is the requirement for minimum authorized capital? What about paid-in capital?

There is no minimum requirements concerning either authorized capital, or paid-in capital. However, it does not mean that it should be 1$, as there are future consequences for the value of your company to potential investors.


4. CAN I GET AN EIN AS A FOREIGNER?

Absolutely! We make getting an EIN quick and easy. Some companies skip this step, but an EIN (Employee Identification Number) is crucial to your business. Here’s why:


C-Corps:

The United States taxes international and foreign-owned corporations. If you have set up your C-corp in the United States (if you haven’t start today!) on US-based income.

If your C-corporation employs workers in Ukraine or anywhere else, the US IRS will tax their income. As their employer, you will have to pay taxes on this income. The Internal Revenue Services uses your EIN to identify you.


5. Does a US LLC / Corporation need to have a physical address in the US?

US C-Corps and LLCs are required to maintain a registered address and/or office in the US in order to form and remain in business. Our Company Formation packages include registration, registered agent services (which are required by US law), and a company address inside the US.


Read more here about our Registered Agent Services.


We offer basic virtual office services for 1 calendar year included in the price of the incorporation package, meaning you will be notified on all the correspondence received at the registered address/office of your LLC (if any).


6. Who is allowed to be a director/member of the board of directors? Are nominal services allowed?

Unlike Corporations (C-Corps and S-Corps), LLCs are not required to have Boards of Directors, as members (or the single member) can manage it on their own.  You can however elect to have a Board of Directors manage your LLC if you want. If you do so, you will need to describe the role and function of the Board in your Bylaws/Operating Agreement


Alternatively, you can elect certain members to be “managing members,” or choose to designate or hire an outside manager.


You can appoint a nominee director if you don’t want your name to appear in company documents or registration certificates. This is not a necessary step however, and some states will allow you to keep your name off such documents without having to hire a nominee.


7. What documents are required to form an LLC in the US?

We will handle most of the documents for you. You only need to provide your name and registered address for filing purposes.


If you decide to use us to help you open a bank account you’ll need additional documentation, which we will help you prepare.


8. How long does the formation process take?

LLC formation procedures differ depending on the state, and the workflow at the state office responsible for the registration. Simple registration can take 2-3 business days, while obtaining an EIN can take 1-2 days.


C Corporation formation can take between 3 and 14 days. Obtaining an EIN will take an additional 1-2 days. Getting your certificate will take 1 week plus mailing time from US to Ukraine (which varies).


9. What is an EIN? What about GIIN? Is it something that is needed by the LLC to operate?

An EIN is a Employer Identification Number. Even if a business isn’t hiring employees, the EIN is used as its “Tax ID.” Some LLCs can operate without an EIN, but we recommend getting one as it will help you with filing taxes and opening a bank account.