I have an old C-CORP (Delaware) in the US that I created a few years back as I thought of building a big company to get investors and other founders - the more time passed, I bootstrapped stuff and made it very profitable as a single-person company.
C-CORP for my scale and intention makes no sense. I am considering incorporating a new LLC in the US because it has some benefits of not being a citizen/resident and having customers from abroad.
I am mainly trying to save money on taxes and still be a legitimate business and use things like Stripe (in the future)
But is my best option?
I know you don't have all the context, but I hope to hear your stories.
You benefit from these, and expect to benefit in the future from them (e.g. expecting to employ someone with a good education). You should pay your share.
- Corporate tax and personal taxes interact in non-trivial ways. US LLCs with a single owner/partner are generally considered pass-through entities, which makes them somewhat special compared to the other options. That is bad if you live in a high-tax country, but can be great if you live in a low-tax country
- If things go well, "source of funds" can become an issue. Let's say you made $2m and want to buy a house somewhere. You might have to provide proof of where that money came from. This is where it might be useful to clearly have live somewhere (as opposed to claiming "I'm a nomad and I lived nowhere"). Apparently, there's a market for Dubai "residences" (utilities bills) because of that... So it can be helpful to have paid some low taxes rather than no taxes at all. I don't fully understand yet how corporate taxes might help in this one.
- If you can't provide proof that you lived in country X or ideally paid some taxes, there is a risk that either your home country or the country you want to buy property in start claiming taxes.
- Beware of some countries, e.g. Germany, who might retroactively claim taxes if you have ever lived there during the time the business existed. They might want to tax you based on unrealized gains...
- I also looked into Malta, but it sounds rather complex unless you actually live there
An additional benefit of US LLCs is that they are somewhat anonymous, especially in New Mexico and partially in Wyoming.
I have previously founded companies in Germany, definitely not recommended. In particular, un-registering companies is a very slow and expensive process, easily taking 18 months. US LLCs via e.g. startglobal cost only around USD 1,300 to start, supposedly.
OTOH, Thailand has a pretty good determination of it you're tax resident, looking at purely the number of days resident, so if you're there less than 183(?) days, you might well have some options. However, everyone is still scrambling to work out what the Sep 2023 tax decrees mean.
If it's a tech company, and if a local accountant thinks you'll be hit by those, do you qualify to start a Thailand BOI company? There are significant local tax breaks offered by that.
Given you're in Thailand, both Thailand and Singapore are fine; the difference is that a Singaporean company would be seen favorably by pretty much any other company or investors in the world; a Thai company is simply less seen by others, and therefore it might raise eyebrows.
You can check out Sleek.sg [0], they help you incorporate online. Very similar to Stripe Atlas in the US. No affiliation, just a happy customer.
If you don't care about external investors, then a company in Thailand is going to be much less expensive, and just as fine.
Other jurisdictions (Cyprus, UAE) will get you much better banking systems, much cheaper professional services (which also goes to cost of doing business, dont just get stuck on taxes) but maybe weirder regulations and tougher treatment from investors/partners.
My advice: focus on where your customers and partners are. If that's the US, keep using Delaware, the extra risk is worth it. If they are all over the place, find what the 'good' jurisdictions are for larger businesses near where you live and spend your time/money. Eventually you will need to use your money; piggy back off the research of others.
A member of European Union, EUR currency, 12.5% corporate tax (for most software businesses could go as low as 2.5%). You collect and pay VAT only for European customers, otherwise no VAT. Supported by Stripe.
Foreigners pay 0% dividend tax. Rather low setup and maintenance costs, can effectively have no physical presence in the country. Most documents are in English.
Good climate, too, if you get to visit (visit not required for company setup). Hit me up if interested, I am very happy myself with it.
Corporate fees capped at 16.5%, with the first 2 million HKD only 8.25%.
Can all be done online and remotely as well.
Additional benefit that you can apply for an APEC visa to make traveling around easier.
Setting up a company is a quick process HOWEVER getting the business to a state where you can transact legally may take a while if you need special licenses.
Also, EDB in Singapore can provide quite a bit of support for SG companies. EDB can set up meetings in foreign countries for you to help drum up business.
A lot of Brits I met in SG also had BVI companies.
These are all anecdotal information from experience and hearing founder friends. A US LLC is a good choice if your primary/majority of paying customers will be from the USA. An LLC has a lot less compliance and taxation headaches, but it is not well separated from an Individual taxpayer -- it is akin to an extension of you (of sort). This makes perfect sense for a US tax-paying individual (resident with an SSN). However, it comes with its own taxation headaches once you grow bigger as you are not paying individual taxes in the USA. At this stage, you are likely to get an ITIN.
If you have decided that a corporation in US makes sense, then it might also makes sense to stick to the C-Corp.
So, my point is -- talk to a lawyer. You are already succeeding, and you can afford a good one. Plan for the future, and if you have to pay a tad more now for that ease in the future, I suggest you do that option.
I would not suggest the USA if you don't have any strong ties to the United States. It could just result in your being taxed here unnecessarily or being considered having close ties to the USA if you apply for a visa.
They're a startup launchpad for a good reason. Plenty of American and Asian investors & acquirers. The latter is more valuable now as American investors struggle with the economy.
Also really good finance infrastructure. Stripe has trouble landing in much of SEA, but does fine in Singapore.
Building is hard. Building something incorporated in a different country could be harder.
You can always incorporate where you can easily raise your money and that newXo can own your current company.
But unless you have a product ready to ship, customers, and a need to.raime money right now... just try to make your like easier.
Also note that in USA, you will not be able to deduct software salary or for that mtter any R&D expense as revenue in same year so consider it as well.