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LLC Vs C Corp for Non Resident Alien?

Asked by: Ram - 11 July, 2011
We are Indian Pvt Ltd company providing IT services from India remotely, and expanding our operations to USA. We have couple of prospective clients from NY, so looking to incorparate business in US as non resident alien.

What sort of company, LLC/ C-Corp, best matches the need?

Details of company operations:

* Provide IT services to clients in NY remotely (from India).
* Client will pay to the US entity (one need to be setup)
* Funds from US entity will be transfered to Indian Pvt Ltd company.

Thank you for you advice.

Answered by: Alex Zehn - 12 July, 2011
Ram,

What you are describing here is a pretty common scenario, and I can definitely suggest one of the most common solutions as far as my experience with helping clients such as yourself goes:

Basically, the simplest and most inexpensive solution that would work for you is to form an LLC in a state such as Wyoming or Delaware. I would personally choose Wyoming LLC, partially because its cheaper to maintain than Delaware LLC, and partially because it offers just as many advantages as Delaware does, with a few minor disadvantages (such as the fact that Delaware law is more widely practiced).

You will be able to open a bank account in most states (e.g. New York), provided you are physically present when you do. Alternatively you can use your Articles with Apostille to open a bank account for your US company in India.

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