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Registering an IT Company in the USA. Step by Step

06.12.2023

Establishing an information technology company in the United States is a crucial step for an entrepreneur looking to expand their business into one of the world’s largest markets. The registration process may seem complex, but with the right information, it becomes more transparent. In this article, we will explore the steps necessary to create an IT company in the USA.

1. Determining the Legal Form of the Company:

The first step is choosing the legal form of your business. In the USA, popular options include a corporation (C Corporation or S Corporation), limited liability company (LLC), partnership, or others. Each has its advantages and disadvantages, and the choice depends on your business strategy.

2. Choosing a Company Name and Registering a Domain:

Select a company name that not only reflects the essence of your business but is also available for use. Check the availability of a domain for your website. Some entrepreneurs use this moment to express their uniqueness.

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3. Employer Identification Number (EIN) Registration:

To fulfill tax obligations and open a bank account, you will need an Employer Identification Number (EIN). This unique number is issued by the Internal Revenue Service (IRS) and is mandatory for businesses with employees or corporations.

4. State and Local Registration:

To conduct business, you will also need to register according to state and local laws. Each state may have its requirements, so it’s essential to clarify them in advance.

5. Creating Agreements and Documents:

Develop agreements regulating internal relationships, rights, and obligations of partners if applicable. Also, consider creating bylaws regulating the company’s operations.

6. Insurance and Financial Accounting:

Obtain insurance policies and ensure financial accounting for the company. A well-developed financial strategy is key to success in any business.

Is it possible to open a bank account in the United States? Yes, it is possible under two key conditions:

1. Presence of substance, implying the physical presence of a director or shareholder.
2. Business purpose, meaning a connection between the business and the United States and the presence of local counterparts.

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However, opening a bank account for an American company in another jurisdiction is a rather complex task. This complexity is due to the obligation of banks to provide extensive reporting on each U.S. tax resident in accordance with legislation. Therefore, our recommendation for clients is to start by opening an account in a payment system. This provides the opportunity to obtain an account with IBAN and conduct payments in the United States and beyond (SWIFT, ACH, SEPA). We are ready to assist in this process.

Conclusion

Registering an IT company in the USA is a complex but achievable process. Take each step thoughtfully and considerately, taking into account all aspects of your business.

By following these steps, you will systematically bring your IT company closer to success in the American market. Pay attention to details, study the legislation, and track all aspects of the business process to achieve your business goals in the United States.

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