Starting a business in the United States

The United States (US) is one of the most dynamic and attractive markets for entrepreneurs and investors.

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Known for its robust economy, diverse industries, and a well-developed legal framework, the US presents great opportunities for growth. No matter the industry, the US offers a business-friendly environment that fosters innovation and provides access to a large consumer base. This guide will walk you through the key advantages of doing business in the US and explain popular business structures.

Why choose the US?

Here are some key factors that make the US an attractive destination for entrepreneurs looking to start or expand their businesses: 

Stable economy and growth opportunities 

The US boasts the largest economy in the world, with a Gross Domestic Product (GDP) of $27.36 trillion in 2023 (World Bank). It ranks highly in terms of market size, financial system, and innovation capability, offering businesses ample opportunities for growth. The US is home to the world’s most prominent stock exchanges which list some of the largest companies globally. The country’s vast consumer base and diverse markets provide businesses with substantial opportunities to thrive.

Additionally, the US is one of the world’s largest manufacturing and distribution hubs, enabling easy access to capital and investment. The country has a well-developed financial infrastructure, offering a wide array of funding options for businesses of all sizes, from venture capital and private equity firms to crowdfunding platforms. This robust system supports both startups and established enterprises, fostering a favourable environment for innovation, growth, and long-term success.

Tax benefits  

The US corporate tax system is structured at multiple levels, including federal, state, and in some cases, municipal levels. The federal corporate tax rate is set at 21%, which remains competitive among major global economies. Note that businesses might face additional state-level corporate taxes.

Beyond corporate income taxes, municipal-level taxes such as sales tax may apply depending on the location and nature of business operations. These taxes add further complexity but can be managed effectively with proper planning and sound advice.

In 2023, the Internal Revenue Service (IRS) introduced inflation adjustments to over 60 tax provisions, further aiding businesses in managing their tax liabilities. Companies can also benefit from various tax credits and incentives, such as research and development (R&D) credits, energy-efficiency deductions, and industry-specific deductions that help reduce overall tax burdens.

Moreover, the US has established an extensive network of tax treaties with numerous countries, reducing or eliminating double taxation on certain income types like dividends, interest, and royalties. These treaties enable international businesses to operate more efficiently within the US while minimizing tax obligations on a global scale.

Robust banking and payment facilities 

The advanced banking system in the US provides new businesses with easier access to loan facilities and financial services, supporting growth and expansion. Additionally, the US dollar is one of the most stable and widely accepted currencies globally, making it ideal for international transactions.

Opening a bank account in the US is a relatively straightforward process for both local and foreign entrepreneurs, simplifying business operations. While banking fees can vary by institution, many banks offer competitive services with low fees, particularly for business accounts.

Besides banks, the US also offers a wide range of payment processing options such as Stripe, PayPal, and Shopify Payments, catering to both online and offline businesses, offering more flexibility to your business.

Business-friendly legal environment 

The US legal system is one of the most well-established globally, offering robust protections in areas such as intellectual property through the US Copyright Act and contract enforcement under the Uniform Commercial Code.

The US has a transparent regulatory framework and extensive network of free trade agreements (FTAs), including the United States-Mexico-Canada Agreement (USMCA), Central America-Dominican Republic FTA (CAFTA-DR), and other bilateral agreements with global economies such as Singapore, Australia, and Korea.

In recent years, the US has adopted tariffs and trade restrictions, particularly targeting China, as part of its broader trade policy. While these measures aim to protect domestic industries, they also provide an incentive for businesses to establish operations within the US to avoid tariffs and benefit from local production advantages.

These legal protections foster confidence in doing business in the US and support smooth operations for both domestic and international companies.

Skilled workforce and innovative environment 

The US boasts a highly skilled and diverse workforce, with diverse talent drawn from some of the world’s leading universities and research institutions. It is home to a vast pool of talented workers across a wide range of industries. The US also attracts global talent through its flexible immigration policies, including the H-1B visa program, which enables companies to employ skilled foreign workers.

The US consistently ranks among the top countries for R&D, fostering an environment where businesses can thrive through innovation, technological advancement, and access to top talent.

Access to advanced infrastructure 

Major hubs like New York, California, and Texas have well-developed infrastructure, offering businesses efficient transportation, communication networks, and logistics systems.

Additionally, cutting-edge digital infrastructure, including widespread high-speed internet and cloud-based technologies, supports business operations in the modern, tech-driven economy. However, note some regions in the US are still in the process of modernising their infrastructure to meet evolving business needs.

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Business structures in the US

When you're ready to establish a business in the US, you have several structuring options to consider. Each business structure comes with distinct legal and financial responsibilities. Below are some popular options.  

Limited liability company 

A limited liability company (LLC) for non-US residents is a flexible business structure governed by US state laws. Depending on its setup, IRS may treat an LLC as a corporation, partnership, or part of the owner's tax return. It combines the benefits of both partnerships and corporations, offering personal liability protection to business owners.

LLCs are suitable for medium to high-risk businesses. Profits and losses pass through to the owner's personal income, avoiding corporate taxes. Members are self-employed and must pay Social Security and Medicare taxes. Regulations for LLCs differ by state, and an operating agreement governs their administration.

Corporations 

A corporation (C corp) is a separate legal entity from its owners. They protect business owners from personal liability. However, their setup and maintenance are costly due to detailed record-keeping and reporting requirements. Owners often prefer corporations because they can raise capital by offering an unlimited number of shares, attracting a broad range of investors.

Unlike LLCs or partnerships, corporations face double taxation, where the company pays taxes on its profits, and shareholders are taxed on dividends received. If a shareholder leaves the company or sells their shares, the C corp can continue doing business undisturbed. All corporations start in the "C" classification when filing articles of incorporation with the state's business filing agency.

An S corporation (S corp) helps avoid the double taxation C corps faces. Profits and certain losses are passed directly to owners' personal income, bypassing corporate tax rates. Unlike C corps, S corps are pass-through entities, meaning they are not taxed at the corporate level.

However, the IRS sets strict requirements for S corp status, including a limit of 100 shareholders, all of whom must be US citizens or residents. S corp are often attractive but are only available to US citizens or permanent residents.

Cooperative 

A cooperative is a business owned and operated for the benefit of its members. Profits and earnings are shared among these members, known as user-owners.

While an elected board of directors and officers manage the cooperative, all members have equal voting rights. Members join a cooperative by purchasing shares.

Branch office 

A branch office is an extension of the foreign company, operating directly in the US but without separate legal status. The company only needs to register as a "foreign corporation" under the relevant state law by filing a certificate of authority in the state where the branch will operate.

This approach allows foreign companies to engage in business activities without forming a new entity in the US.

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“We’ve been working with Hawksford since 2012 when we decided to set up our own entities in Asia. The team is very professional and helpful. They took care of every step of business formation, giving us advice and responding to our needs in a timely manner."

Sophia Zhou, APAC Finance Controller, Moleskine China

Next steps

The US offers multiple business structures, each with its own features and advantages. Whether you want to expand your business globally or focus on growing your business locally, having expert knowledge is crucial to your success.

At Hawksford, we help multinationals, small and medium-sized enterprises and entrepreneurs establish their global presence. We provide clients with professional and tailored services that help achieve their aspirations. Contact us to help you start your business journey in the United States.

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