I want to form a company in the U.S. that is seperate from its German parent company can it still be a subsidiary.

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I want to form a company in the U.S. that is seperate from its German parent company can it still be a subsidiary.

I am looking to creat an LLC in the US but for all legal and tax purposes I want it to be completely seperate from its German parent company but the US LLC will be owned technically by the German parent and the directors are the directors of the German parent. The directors are also non-citizens. What is the most advantagous way of going about this process? What are my options, is an LLC the best way or is C-corp? Can the German parent get taxed as well in the U.S.?

Asked on June 30, 2009 under Business Law, New York

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

You're going to need to take the time and spend the money to work this through with the right professional help, probably a law firm that has people who do international trade and tax law, and the German parent company's legal staff will be making itself heard as well.  There are a number of factors that go into a choice of business entity, such as what line of business you will be in, income and investment strategy, and more, in addition to the things you've already identified.  You might, in fact, end up needing to form a full-fledged corporation.  One place you can look for qualified attorneys is our website, http://attorneypages.com


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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