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My brother-in-law in India wants to open(register) an IT company in US. Is that possible? How?

And if now, then I'm here in US with a student visa. Can I register an IT company in USA and help him starting up business from here?

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As a note: IT company, secreatrial service makes no difference. IT is not licenseing required or restricted (like lawyers). – NetTecture May 17 '12 at 18:50
So what are the steps to register one company from India ? Do they need at least one person in USA or any requirement like that ? – Jigar Brahmbhatt May 17 '12 at 18:56
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Use google. There are companies that do that as a service, they can tell you the details. "register company usa" turns a page full of relevant links. Your google fu must be very weak not to even have thought of just asking there and see whether someone offers that as a service. Company registration is a very established market. – NetTecture May 18 '12 at 3:33

2 Answers

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There are several requirements your brother-in-law will have to take into account:

  1. Work visa - If your brother is going to be employed by his own company and receive a salary from it, then he will need a valid work visa to do so. However, he can own interest/stock in the company without said visa.

  2. ITIN - Any income you receive from the company as an employee also needs to be documented through tax filings. You will need to obtain an ITIN to receive income : http://www.irs.gov/individuals/article/0,,id=222209,00.html

Tax reporting is perhaps the most complicated part of being an foreign owner of a US business. You will probably want to consult an expert on this process. For more discussion on that issue, see: http://www.hawcpa.com/_home/feature_never_wanted_to_know.asp, http://www.groco.com/readingroom/atax_02.aspx,

3.Registered agent - This depends on the type of business entity you wish to establish in the US. Each entity type determines whether you have personal liability and also the way it is taxed. Two predominant business entity types are the Corporation and the Limited Liability Company (LLC). You need a registered agent in the US state of your choosing to establish either of those entities. You can, however, avoid the registered agent requirement if the business operates as a sole proprietorship or general partnership with unlimited liability (meaning your personal assets are accessible in a lawsuit).

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You should decide in what state you want the company registered (each state has its own set of rules and requirements), and work from there.

As a student on a student visa, you're not allowed to be employed. So you can help with filling the forms and writing the checks, but you cannot be an employee.

Agent services would probably be required. Check the selected State's Secretary of State (or Department of Corporations, or other corporation regulatory entity) for specifics.

Note that once registered in the US, the company will have to file taxes both to the IRS and the State in which its registered.

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