Non-resident, Non-citizens are eligible to form an LLC in Delaware. The Delaware LLC Tax is currently $250 a year and is a flat rate not dependent on any other factors such as income or assets. delawarebusinessincorporators.com/s.nl/c... Unlike a US corporation, a Delaware Limited Liability Company (LLC) does not pay US state or federal income tax if its owners are not US citizens or green card holders, its offices are located outside of the US, and the LLC does no business in the US.
Such an LLC also is not required to file state or federal tax returns. A Delaware LLC may have a minimum of one "member" (owner) or more. Each member of a Delaware LLC is liable only to the extent of his or her percentage of ownership in the LLC.
LLCs have excellent asset protection features. The assets of an LLC generally cannot be seized; only a "charging order" on distributions can be obtained. Note that in the US, a sole member LLC may be treated differently than an overseas LLC.In that case, if asset protection is critical, having an additional Nominee Member may be desirable (Contact Maritime International Ltd.
For details). http://www.milonline.com/companies/delaware-llc.html I would also get advice from a tax attorney if you have questions before tax time again. Most lawyers offer a free consultation and it would be a good idea to take advantage of it when it comes to taxes.
While I believe that the answers here are well researched and thoughtfully prepared I would advise you to contact an accountant in that state. The stakes are very high when starting even a small business, and a good accountant can provide you with all the legal information you need while advising you how to legitimately make the most of available tax deductions.
Excellent answer, except for one thing. The statement that such an LLC is not required to file state or federal tax returns is a bit wrong. While the LLC doesn't have to file state or federal tax returns, the individual who owns the LLC absolutely DOES have to file them.
Income earned in the United States must be reported to the IRS - I don't believe non-citizens have to pay income tax, but this is something only an accountant or tax attorney would be able to answer completely. As for paying Canadian taxes, yes, you'd still have to file those just as you would your normal taxes. The one thing no one gets out of paying is taxes.An LLC protects the owner of a company from having assets seized when/if the company is sued or goes bankrupt, so someone won't lose a house or a car if they fold, but it isn't intended to allow people to avoid paying taxes.
Delaware is a great state to choose to form an LLC. How you have to form one as a non-citizen of the US is different than a US citizen would be. The advice to contact an attorney is good, sound advice.
Best of luck.
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