Starting a business in the US, particularly in Delaware, is a thrilling venture. The thriving economy and the favorable business climate make it a desirable location if you want to pursue growth and global opportunities as an entrepreneur. But can you Create a C Corp in Delaware if you are an EU citizen?
An EU Citizen to Create a Delaware C Corp
Legal Eligibility
Being an EU Citizen does not inherently disqualify you from establishing a Delaware C Corp. The law allows both US and non-US citizens to form corporations. However, centering considerations and additional steps may apply to you.
Registered Agent Requirement
All Delaware C Corps, regardless of the citizenship of their founders, are required to have a registered agent with a physical address in this state. This agent accepts legal documents and official notices on behalf of the corporation. You can serve as the registered agent if you have a physical address in Delaware. But you may want to choose to hire a professional registered agent service to fulfill this requirement.
Obtaining an EIN
To open a bank account, hire employees, or conduct business transactions in the US, including Delaware, your C Corp will need an Employer Identification Number (EIN) from the IRS. EU citizens can apply for an EIN by submitting Form SS-4 to the IRS.
Physical Presence
While you do not need to reside in the US to establish a Delaware C Corp, you should have a plan for maintaining a physical presence. It can be done either through an office or a registered agent. The agent will receive legal and tax-related documents and maintain compliance.
Banking and Taxation
As an EU citizen establishing a Delaware C Corp, you will need to consider banking and taxation aspects. You should consult with a tax professional who specializes in international law to understand your tax obligations both in the US and your home country. Many EU countries have tax treaties with the US that can affect how income from your C Corp is taxed.
Legal and Regulatory Compliance
Operating a Delaware C Corp as an EU citizen necessitates compliance with both Delaware corporate laws and EU regulations. This includes adhering to corporate governance, reporting, and tax requirements in both jurisdictions. Seeking legal counsel familiar with both the US and EU laws is often advisable.
Possibility for an EU Citizen
As mentioned, it is possible for you to start a C Corp in Delaware. However, you need to be familiar with the series of steps and considerations. These would include a registered agent, obtaining an EIN, maintaining a physical presence, and navigating taxation and compliance issues in both the US and the EU.
The process can be complex. But you can give us a call to help and guide you throughout the process. Keep in mind that many individuals and businesses successfully establish and operate Delaware C Corps as non-US citizens.
Start Your C Corp
You can create a Delaware C Corp even if you are a non-US citizen. To know more about it, please consult with our experts. And if you need to fill out forms or submit them, please use our online services.
