:: Online Forum :: US Company for Australian Citizens

In this forum you can find information for Australian citizen / resident who wishes to open a US Company. Browse  questions and answers for Australian citizens, transcripts of our online chat sessions with Australian resident visitors inquiring about Delaware Company or Delaware Corporation and and US incorporation and tax advice given to our Australian customers. Please note that this page is only provided for general information and not for personal use without discussing any individual situation with a US professional incorporator or one of our US incorporation Specialists.

US Australia Tax Treaty:
On August 6, 1982 the US and Australia signed The ‘Convention between Australia and the United States of America for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with Respect to Taxes on Income’., which was then amended on 27 September 2001.

Business profit derived through disregarded entities
The Convention states that profits derived through a permanent establishment of a fiscally transparent entity (e.g., a LLC, partnership, trust, etc...) will be taxed in the country where the permanent establishment is located.

Dividends
The Convention does not impose any tax on dividends generated in the source country where a beneficially entitled company resident in the other country holds 80% or more of the voting power of the company paying the dividends and satisfies certain conditions, including the public listing requirements under the Limitation on Benefits Article, and a limit of 5% will apply for other company shareholdings of 10% or greater (ie, non-portfolio dividends)

Capital gains
 The CConvention eliminates double taxation of capital gains for departing residents and ensure that foreign tax credit rules operate effectively for them. Limitation on benefits The Limitation on Benefits Article (Article 16) seeks to prevent residents of third countries from using interposed companies or other entities resident in one of the treaty countries to inappropriately access treaty benefits (ie, treaty shopping).
  
Username: Melanie
location: Belgium
Post Date: 08.04.2010

Topic: I currently work for a business in Australia and we are in the process of expanding the business in the US, can TAX USA help?

John Correy: Hello.  How may I assist you?
you: Hi John, my name is Lisa
John Correy: Hi Lisa
you: I currently work for a business in Australia and we are in the process of expanding the business in the US
you: Minnesota in particular
you: The project has been put into my hands but I am a little lost as to how to get things started over there ie: registering the business, setting up accounts etx
John Correy: I see.
you: is this something Tax Usa can assist with?
John Correy: Sure. we provide all the services you need (Incorporation, Accounting, Taxes, Payroll)
  
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Username: Nick
location: Australia
Post Date: 08.05.2010

Topic: Can I incorporate a US company and then sponsor my h1b visa?

Info: Please wait for a site operator to respond.
info: You are now chatting with 'Paul Sitowitz'
Paul Sitowitz: Hello.  How may I assist you? 
albert: hi i am a non us citizen
albert: and i want to incorporate a company
  
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Username: Steve
location: Australia
Post Date: 08.04.2010

Topic: Do we need a US Company to sell Australian Software in the U.S.?

I am a financial manager of a Australian marketing software company. We are now lunching a new product designed for the US market. I am trying to figure out if we should form a US company for that or can we sell the new products from Australia?
  
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Username: Evan
location: Australia
Post Date: 07.27.2010

Topic: Can I set up a Delaware Company being an Australian Citizen?

I am an Australian Citizen and I live there. I have a small ISP company and I would like to set up US company so I will be able to accept credit cards from US customers. I heard that a Delaware company (Delaware LLC) is the best option. Is this correct? if so, how can I start and will I be able to establish a US merchant account?
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Username: Gilbert
location: Australia
Post Date: 07.26.2010

Topic: Do I need a passport to open a Delaware Company

My partner and I are buying US properties and renting them out. Both of us are not US residents or Citizens (I am from the Australia, my partner is from Belgium) We want to form a Delaware Company that will minimize our legal exposure. Do we need to provide you with a copy of our passport for that?
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Username: Sharon
location: Australia
Post Date: 07.25.2010

Topic: USA company formation

I own an Australia software company and want to expand into the US.  I have done initial research and understand that my best option is a Delaware Company (Delaware LLC to be exact). I wanted to if this is true and if so what will be the estimated incorporation cost. Thank you.
  
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Username: Patricia
location: Australia
Post Date: 07.24.2010

Topic: What is the fastest way to set up a Delaware company?

My offer to buy 2 rental properties in OH was accepted today by the seller. I am planning to visit the US next week for the closing. What is the fastest way to set up a Delaware Company and can I complete the process in time for the closing? I am not a US citizen, I live in the Australia.
  
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Username: Gustav
location: Australia
Post Date: 07.25.2010

Topic: U.S. Merchant Account For LLC

We are from Australia and about a year ago we formed a Delaware Company. Now, we have started our US activities and lunched our US website. We would like to be able to accept credit cards from our customers and wanted to know if we can open a merchant account for our US LLC.
  
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Username: Dotan
location: Australia
Post Date: 07.22.2010

Topic: Is there a tax on a US Company owned by non US resident?

Me and my father have a manufacturing business in Australia. We are negotiating with a US company to sign an exclusive distribution agreement and wanted to know if there will be any US tax on profits our US company will have. I know that there is a tax treaty between the US and Australia, does it help here?
  
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