US Entity Setup
Setting up a US entity for your business from your home country can take precious time and resources. Why not set up a US entity for your business with a globally trusted partner and ensure your new US entity meets the highest standards of compliance? Then you can grow your global footprint with confidence.
What is the US Entity Setup Service?
Are you a foreign company doing or planning to do business in the United States? Then this service is just for you! Establishing a legal entity in the US brings enormous growth potential – and a unique set of challenges and complications. Partnering with Foothold America for your US entity setup ensures a smooth and compliant transition in your chosen state – all whilst cutting through layers of bureaucracy and giving your company the freedom to concentrate on its larger business objectives and strategies.
Solidify your US presence
Register your company name immediately with no fuss! Securing your company name can be a confusing task, so why not let our staff of professionals handle it for you?
Avoid time-consuming mistakes and let us get the EIN for your company, fast! Foothold America will do it right the first time!
We’ll refer you to banking partners who help you open a US bank account without setting foot in the US!
With our network of providers, you can select a virtual business address in any of the 50 states with multiple options to choose from.
As part of your US entity setup, we provide you with initial drafts of required by-laws for you to execute as legally binding documents.
Lawyers are expensive and not always needed. Let’s discuss the best approach for your business.
When is US Entity Setup right for your business?
Ready to start your US entity setup?
STEP BY STEP
Your step-by-step guide to forming a US C-corporation or LLC
The first step to setting up your US subsidiary is to choose the type of company, which most typically will be a C-Corporation, with the second option being an LLC.
This does not have to be the same state where the subsidiary is incorporated. The three states you should consider are Wyoming, Delaware, and Nevada.
Every one of the 50 states has its own rules about what kinds of names are allowed for C-Corporations or LLCs. Do your research and select the name that represents your new company best.
Most states require every company to nominate a registered agent. A registered agent is a person or business that sends and receives legal paperwork on your behalf. Your registered agent must be a US resident of the state you’re doing business in or a corporation authorized to conduct business in that state.
To officially register your US entity, you will need to file documents with your chosen state. For C-Corps, you will need an Article of Incorporation or Certificate of Incorporation. For LLCs, you will need to file an Article of Organization. These documents outline the organizational structure of your business.
Bylaws are agreed in a legal document that outlines and defines the internal operating procedures and agreements between the owners of a C Corporation. They often have statutory requirements on the type of information they must include. An operating agreement is similar to Bylaws, but it is used to define the agreements between the members of an LLC.
Obtain from the US Internal Revenue Service (IRS) an Employer Identification Number (EIN), which is a tax ID for your US entity.
You’ll need a physical address in the state of incorporation; this is necessary to open a business bank account.
To operate in the US, you will need to set up a US bank account. This offers a number of benefits for foreign-owned C-Corps or LLCs, including the ability to trade in US dollars and have access to affordable international transfers from anywhere in the world.
The US Internal Revenue Service (IRS) creates the tax code and regulations for C-Corps and LLCs.
HOW IT WORKS
We'll do the hard work for you.
Find out how our Entity Setup Service works
Once you select your entity type and structure with the advice of a tax professional, we secure your company name and file your C-corporation or Limited Liability Company (LLC) paperwork.
After registering your company in your chosen state, you choose a US business address for your headquarters. We can help you secure a virtual address, and once you have this, we can apply for a Federal Employer Identification Number from the IRS on your behalf.
When your company formation is complete, and we have your Articles back from the state, with your IRS tax ID letter, we can put you in touch with our banking partners.
It is crucial to choose the right company to manage your annual compliance filings. We ensure you don’t miss any deadlines or make costly mistakes.
US Entity Setup with and without
Foothold America has helped businesses worldwide save thousands of dollars compared to using an attorney or setting up their own US entity. With our Entity Setup service, you can expand your business to the USA quickly, compliantly, and cost-effectively.
Expand without Foothold America
excluding government fees
Expand with Foothold America
$1,500 – $2,500
excluding government fees
Where should you register your
business entity in the US?
Choosing a business location is perhaps the most critical decision when it comes to your US entity setup. There are 50 states to choose from, and each of them has its own business regulations and tax schedules. With such a wide variety of choices, it is safe to say that some states are more business-friendly than others. The location you choose should be one that fulfils your business objectives in the most cost-effective way. At the outset, a company needs to identify which factors are the key drivers in the location choice. Read more about the three most popular states for incorporation below; Delaware, Nevada & Wyoming.
Delaware is the most popular state in which to incorporate. Its advantages include the fact that it:
Offers favourable taxation rates for large businesses or those with complex structures
Does not require directors or shareholders to be residents of Delaware
Filings are processed quickly
Has a well-established Business Court of Chancery, and there's confidence and trust in the legal system among large businesses
Nevada is another popular state for incorporation and it is easy to issue shares in Nevada. Other advantages include the fact that this state:
Generally offers a very low rate of taxation
Does not impose corporate or individual income tax
Does not require businesses to pay tax on corporation shares
Does not require directors or shareholders to be residents of Nevada
Is known for its straightforward dealings with commercial litigation
Wyoming has joined the list of popular states for incorporation. It offers many of the same benefits as Nevada, but at a lower tax rate.
Its annual renewal fees are inexpensive
There are no business license fees
The state emphasizes privacy and asset protection for businesses
Is known for its straightforward dealings with commercial litigation
Do you want more for your US business expansion?
Explore our People Partnership Service (PPS) and Employee Management Service (EMS).
People Partnership Service (PPS)
We’ve created our People Management Service (PPS) to help you navigate the process of setting up your US entity, coordinating your Employer of Record (the direct employer) status, onboarding US employees, and managing the complex operational and HR processes of doing business in America.
Our Employee Management Service offers a turn-key, cost-effective solution for your company to have a legitimate US presence with a US employee anywhere in the country in as little as one week without the cost and complexity of setting up a US entity.
Why choose to grow your business with Foothold America?
Expanding into a new global market is a complex multifaceted process.
It’s important to choose a partner you can trust.
WHO WE ARE
We're real people. Not platforms
Our team of experts has the knowledge and expertise to help you navigate the legal and administrative maze of doing business in the US.
Joanne M. Farquharson
US entrepreneur with 30 years experience in advising small and medium-sized businesses in employee benefits, insurance, labor law compliance, and risk management. Joanne has a passion for growing small companies and helping business owners actualize their goals.
Experienced Global Management leader with over 15 years of professional services and consulting experience. Highly knowledgeable in Human Resources, Employee Relations, Global Operations and Outsourcing. Strong Compliance background experience with employee contracts and US & Global Immigration.
Robert R. Esquijarosa
Experienced HR & Client Success professional with a demonstrated 15-year history of working in employee relations, payroll & benefits administration, compliance, and recruitment within multiple industries throughout the US and UK.
US Expansion Advisor with 20 years of global HR experience, recruitment and client delivery, supporting clients from the UK, Europe, US and Australasia. Rose has extensive knowledge of candidate attraction and employee communication management.
Over 25 years of experience doing business in North American, European, and Asian markets, including seven years as an International Trade Advisor with a primary focus and specialism on the complexity of the US market.
Angelique Soulet-Bangurah, PHR
Angelique takes pride in providing client solutions, using more than seven years of experience as an HR Generalist with a vast knowledge of onboarding, employee relations and overall HR operations. She’s certified by the HR Certification Institute as a Professional in Human Resources (PHR).
Kate has a background of supporting the UK, US and Australia, with strategic direction on all areas of HR. She’s an experienced and CIPD-qualified HR professional with extensive experience in a variety of areas of human resources, including employee relations, HR strategy, recruitment, law advice, document creation, M&A, diversity and inclusion and learning & development.
Our HR & Client Specialist Priti is experienced in various HR activities such as recruitment and retention, compensation, labour relations, benefits and leave of absences. And her passion is troubleshooting data issues to identify strategic solutions using knowledge of HR process, benefits, training and development. She’s lived in the US for 18+ and dedicated most of them to her career in HR. With Priti, you are definitely in good hands.
Ovidio E. Santistevan
Senior Staff Accountant with over 25 years of finance experience and more than ten years as a full-cycle accountant. Ovi takes pride in ensuring that the information he provides to our clients and partners is accurate, relevant, timely and easily understandable.
Miruna Eliza Ionescu
Multilingual marketing professional with more than ten years of experience in traditional and digital marketing for B2B and B2C sectors. Miruna has an extensive background in building customer engagement and ensuring that clients have the best tools and information in hand.
This conversion-minded marketer is responsible for strategizing, planning and creating high-calibre content for our website visitor’s digital experience. With over seven years in marketing, Natalie specialises in PPC, SEO, emerging trends, and customer behavioural insights that help clients find the best solutions for their business needs.
Jisselle has 8+ years experience of efficient business administration, data analysing and reporting in diverse industries. She’s a HubSpot wizard and strives on improving operations that deliver high-value returns for our clients. Jisselle works closely with all departments ensuring efficiency and satisfaction.
Robert is the Co-founder of several successful US and UK life science companies. He serves as the Board Chair of Foothold America influencing the direction of the company.
Hundreds of businesses have put their trust in us.
"Foothold was able to get things done for us very quickly. They made life easier for us and worked with us to make sure staff were looked after and that we were able to get up and running."
Operations Manager, UK Network Security Company
"We needed to access the US market to maximize our potential for growth. We selected our employee and Foothold America managed the payroll and payroll taxes, benefits, taxes and other employee logistics, enabling us to avoid dealing with the bureaucratic maze of employing someone in the US."
CEO, Belgium Manufacturing Company
"Foothold America was instrumental in helping my UK company employ field applications sales people in the US without having to set up a US subsidiary, which is the usual route for foreign companies. Foothold America facilitated this by employing the people we had chosen and handling all the employment, terms, salaries, taxes, social costs etc. They then billed us monthly for these costs plus a reasonable service charge. As a result, we were able get going very quickly with our own people in the USA and at a much lower cost base."
CEO, UK Biotech Company
"I couldn’t manage our US subsidiary without Foothold America. Our small HR department isn’t equipped with the knowledge or staff to handle our US employees. I could end my workday in the UK knowing Foothold America would take care of everything in the US."
Head of HR, UK financial services firm
"We currently use the Foothold America Employee Management Service and plan to move to their People Partnership Service when we set up an entity in the coming months. It’s great knowing we can work with one partner through various stages of our growth."
CMO, Norway IT company
"We started US expansion on our own and soon after, we stumbled over employee benefits leaving our expat staff and families without healthcare insurance. It was a huge risk for them and our company. Foothold America came in and got us sorted. They’ve been taking care of us ever since."
Sr. People Partner, UK software company
* Register entity in Delaware - LLC or C-corporation
Provide DE Certificate of Incorporation
* Register Company name
Obtain an Employer Identification Number (EIN)
* File Registered Agent @ 75% discount
** Renew Registered Agent service @ 75% discount
Email Annual Report (Franchise Tax) reminder for DE
* Submit Annual Report (Franchise Tax) to state of DE
* State registration for Company Headquarters
* Obtain Certificate of Good Standing in DE
Provider Shareholder Agreement bespoke document and up to five hours of consulting
Minutes - First Board of Directors Meeting (required)
Minutes - Bank resolution (required)
Office address set-up assistance
Bank account set-up assistance
*Extra fees apply **For current EMS & PPS clients
Get answers to all your questions and take the first step towards a US business expansion.
A Federal Tax ID number (sometimes referred to as an EIN or Employer Identification Number) is essential if you want to run your business in America. This nine-digit number is assigned to you by IRS for tax filing and reporting purposes. With it, you can also open a bank account, hire employees, contribute towards employees’ 401(k) plans, and even file for bankruptcy. While most businesses must have an EIN, this is optional for some single-owner companies.
If your business is operating in the USA, you will need to report the profits that you make. The amount of tax you will pay is dependent on how much profit you make, how your company is structured as well as several other factors, so seeking assistance from an international tax advisor is key in making sure that you are and remain fully compliant with the rules and regulations for running your business in America.
If your US subsidiary has 50 or more full-time equivalent US workers, you are expected to contribute to your employee’s healthcare. Failure to do so may make your subsidiary subject to a tax penalty. Additionally, you can also choose to provide healthcare even if you have less than 50 US employees. To make this more affordable for you as a business, you may be able to benefit from tax credits.
To attract and retain employees, US employers should offer healthcare benefits, since health insurance is one of the most desired benefits among US employees.
A 401(k) is a defined contribution retirement plan employers offer to their US workers. The US government allows employees to make tax free savings for their retirement using a 401(k) plan. These savings can be directed into investments listed in the plan, and employees can withdraw the funds once they’ve reached the retirement age designated by the Social Security Administration. However, you must be aware that employees can withdraw funds under certain special provisions or if they’re willing to pay a penalty for early withdrawal. Not all US employers offer 401(k) plans – some will match a certain percentage of an employee’s contribution instead or offer alternative benefits.
GET IN TOUCH
Request a quote, talk with our US expansion experts or ask any questions. We will get back to you via email in less than 24 hours.