Can a Canadian company incorporate in Delaware?

If your Delaware startup is operating out of Canada, U.S. and Canadian laws will apply to it (for example securities, employment and intellectual property laws) and require Canadian and U.S. legal advisors (shameless plug: Voyer Law Corporation acts as a single advisor on both Canadian and U.S. law).

Can Canadians open a US corporation?

The good news is that Canadian citizens have two options to start or buy a business in the United States. These two options are the E-2 treaty investor visa or the EB-5 green card.

How can a Canadian company operate in the US?

Corporate subsidiary A very common option is for the Canadian company to create a subsidiary incorporated in the United States. American corporations are organized under state law and each state has its own rules for creating and operating corporations.

Can you incorporate in Delaware if you don’t live there?

The answer is, yes, anyone in the world can form a Delaware LLC! The state of Delaware does not restrict non-U.S. residents from owning or managing Delaware LLCs, nor do they require any physical presence in the state of Delaware, or even within the U.S., for that matter.

How do I incorporate online in Delaware?

To incorporate Delaware online, you will need to visit the Secretary of State’s website and file the proper documentation. In particular, you will need to fill out and submit your Articles of Incorporation and pay the required filing fee.

Does a Canadian company need to fill out Aw 8BEN E?

Therefore, payment to an overseas recipient by US entity is subjected to reporting under FATCA and the form W-8BEN-E needs to be provided by Canadian business (including corporation, partnership, trust, estate, tax-exempt organization), in order to receive payment from US company.

Do Canadian companies have to pay US sales tax?

Canadian businesses operating in or selling to the United States may be subject to income taxes in the US or they may also need to pay US sales tax. Whether a Canadian startup is subject to US taxes depends on whether it has “nexus” in the US.

Can a non-US resident own an S corporation in Delaware?

A non-U.S. resident cannot own an S corporation in the United States; therefore your Delaware company will be an LLC or a C corporation.

How do I incorporate a corporation in Delaware?

To incorporate in Delaware, you must file a Certificate of Incorporation with the Delaware Division of Corporations which can be found on its website. Some of the required information includes the name of the corporation, the registered agent’s information, the amount of stock, and the value of each share.

Can I form a Delaware company if I live abroad?

You do not have to live in, or even visit, the state of Delaware in order to form a Delaware company. Other than residents of restricted countries (Cuba, Iran, North Korea and Syria), anyone can form a Delaware company and operate lawful business activities from anywhere in the world.

Does a Delaware corporation need a registered agent?

Although Delaware corporations and LLCs are not required to have a physical presence in the state, you will need to enlist the services of a Delaware Registered Agent, as all Delaware companies are required to retain a Registered Agent.