FREQUENT QUESTIONS
#OGCRESPOND!
WHAT IS AN LLC?
LLCs (Limited Liability Company) are considered “Pass-Through Entities”. This means that the profits/losses of the business are "passed through" to the owners. Profits and losses are taxed at individual owners' taxes, not at the company level. Therefore, the LLC is never taxed. Owners of an LLC may be required to pay a Self-Employment Fee of up to 15.3% on top of the profit. The rate at which the owner is taxed depends on his total income.
WHAT IS A CORPORATION?
Corporations are Taxed on Profit, Fixed Rate of 21%. When profit distribution to shareholders occurs, taxation occurs on individuals. This is known as double taxation. However, one of the advantages is that corporations can deduct business expenses such as advertising costs, operating expenses, employee benefits such as health and retirement plans. All of these deductions result in substantial savings for the business over time.
WHAT IS AN S-CORPORATION?
Like LLCs, S-Corporations companies are also “Pass-Through Entities”. Profits are taxed on the owners' individual tax, not the company's declared tax. Therefore, this type of corporation avoids the double taxation of the C-Corporation.
The best tax advantage of an S-Corporation is the exemption from paying Self-Employment taxes (up to 15.3%) in the individual owner's tax. However, it is not possible to “be born” an S-corporation. First, you must incorporate an LLC or C-Corporation with your state. If your company meets the IRS criteria for electing this tax entity, OGC Associates can assist you throughout the application process to transform your company into an S-Corporation.
WHAT IS THE BEST TYPE OF BUSINESS TO OPEN IN THE US?
LLC vs. C-Corp
These two company options are legal entities that protect partners from personal liability. The main difference is in how they are taxed by the IRS.
LLCs are “pass-through entities”. This means that you do not have to pay federal income tax. Instead, your profits and losses go straight to the owners. Therefore, the owner pays tax on his personal declaration, and is taxed at the individual tax rate. Considering that only members pay taxes, taxation happens only once.
With C-Corporations, double taxation occurs. All C-Corporations pay a fixed rate of 21% on top of the year's profit and a second tax on the distribution of profits to individuals. C-Corporations facilitate raising capital through the sale of shares. Consequently, ownership of the company is easily transferable through the sale of shares.
To understand which type of company is suitable for your specific case, please contact us, and it will be our pleasure to assist you in the next steps to have a successful business in the USA.
CAN OPENING A COMPANY IN THE US BE DONE FROM A DISTANCE?
The process of opening a company in the US can be done remotely, so the partners can be in Brazil or anywhere else in the world and still proceed with the registration of their venture.
As long as you have a valid passport and visa, any foreigner can start a business in the country.
And what do you need to start your company in the US?
• Decide on the desired name
• What is the purpose of the company
• Determine who the partners will be
• What will be the company's operating address
For more information about next steps, contact OGC and start your entrepreneurial journey in the USA.
WHAT IS THE PENALTY IF I DECLARE MY INCOME TAX DELAYED?
If you do not file your taxes by the due date, which is usually April 15th, you will have to pay interest and penalties to the IRS on the balance due. The late fee is generally 0.5% for each month up to a maximum fine of 25%.
When you file your income tax arrears with a balance due, another nasty penalty is applied; The late declaration fee, which is 5% per month, for a maximum period of five months. For example, if you owe US$5,000 in taxes and you have not filed by the deadline of April 15th or September 15th (in case of extension of deadline - Individual) the fine for late filing can reach 25% or US$ 1,250. Use the services of OGC Associates to avoid missing your deadlines by avoiding paying fines to the IRS.
WHO CAN BE CONSIDERED AN AMERICAN TAX RESIDENT?
It depends on your visa and substantial attendance test. There are several visas for immigrants and some of them give you tax resident status. The tourist visa does not give you this status, but the worker with special skills visa does.
In general, if your visa offers you the possibility of having a Social Security Number, you are considered a US tax resident. If you are a company in the US, but your visa does not qualify you as a tax resident, you are required to have an ITIN number to file your income tax return.
The other qualification is through the substantial attendance test. To pass this test, you must be physically present in the United States (USA) in at least:
31 days during the current year, and
And the total of 183 days during the 3-year period that includes the current year and the 2 immediately preceding years according to the formula below:
- Every day you were present in the current year, and
- 1/3 of the days you were present in the first year before the current year, and
- 1/6 of the days you were present in the second year before the current year.
Example:
You were physically present in the US for 120 days in each of the years 2018, 2019, and 2020. To determine if you meet the 2020 substantial presence test, count the full 120 days of presence in 2020, 40 days in 2019 (1 / 3 of 120) and 20 days in 2018 (1/6 of 120). As the total of the 3-year period is 180 days, you are not considered a resident on the 2020 Substantial Attendance Test.
WHAT IS ITIN NUMBER?
The Individual Taxpayer Identification Number (ITIN) is your CPF for foreign nationals in the US. The US Internal Revenue Service issues ITINs to individuals who need to have a US taxpayer identification number but who do not have, and are not eligible to obtain, a Social Security Number (SSN) which is the CPF for US citizens and tax residents.
WHAT IS AN ITIN USED FOR?
The IRS issues ITINs to help individuals comply with US tax laws and to provide a means to efficiently process and account for tax returns and payments for those not eligible for the Social Security Number. They are issued regardless of immigration status because resident and non-resident aliens can apply for a US record or report under the Internal Revenue Code. ITINs have no purpose other than filing federal taxes.
An ITIN does not get you:
Authorized to work in USA
Provides eligibility for Social Security benefits