I want to start company in partnership with non us citizen , he is from india . tell me what should i do ?

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hi my name is Jennifer i am us resident . i am planning to start a company in California with my other 2 partners. among my other two partners , one is from India but holds green card and is us citizen now other partners name is yogesh he is non us resident and he will work from India with us. now i want to know what are the laws , that i have to follow to get Yogesh on board with us , so that there are no future problems or legal matters.

Attorney Answers

3
Ronald Cappuccio ·
Your question is not as difficult as you think. You should have your tax and business attorney set up the correct form of entity, most likely a limited liability company. Your attorney will file the, prepare and operating agreement and buy sell agreement as well the necessary resolutions between you and the other members. Since one of your members is a non-– resident of the US, he will need a taxpayer identification number. Presuming the business is a limited liability company, it would be taxed as a partnership for federal and State tax purposes. You would file a US 1065 partnership tax return as well as the tax returns and any states in which you are authorized to do business. All the members, including your nonresident member, would receive a K – 1 four there annual income which is part of the 1065. There are some additional forms which need to be filed because you have a nonresident member (depending upon the percentage of ownership) but your attorney and CPA can work this out. I hope this helps! Ron Cappuccio
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Todd Lezon ·
From a purely tax perspective, the only limitation imposed upon your freedom to choose a business entity is that you cannot form a corporation and then elect “S-corp” status, since your business partner is a non-U.S. citizen.
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Erik Priedkalns ·
Start with the Secretary of State's website. I find it helpful. However, I'd suggest seeing an attorney.
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