confused about llc and incorp - 8/5/13 | TigerDroppings.com
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Tiger Attorney
LSU Fan
New Orleans
Member since Oct 2007
15014 posts

confused about llc and incorp

I have an out of country client....they want to do an llc in delaware that they own to do business in texas....can a foreign company own this?

This not my area of knowledge


GreenTrout
LSU Fan
Toledo Bend
Member since Jul 2013
931 posts

re: confused about llc and incorp
We seen you the first time big fella


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Kingwood Tiger
LSU Fan
Katy, TX
Member since Jul 2005
13242 posts

re: confused about llc and incorp
I believe they can, I would contact the Secretary of State office in Delaware.

Once they file, I believe they will also have to file with the state of Texas as a foreign entity doing business in the state.


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Poodlebrain
LSU Fan
Way Right of Rex
Member since Jan 2004
16935 posts

re: confused about llc and incorp
Foreigners can have ownership interests in U.S. businesses. In most states there is nothing to prevent direct ownership. I have set up several LLCs for real estate investors. There are usually no problems with formation of the entity. The complications come from complying with the tax laws, as there may be requirements to withhold income taxes from any distributions to foreign owners. You will have to get an individual taxpayer identification number (ITIN) for foreign owner(s). The rates of withholding will be dependent on any treaty agreements.

If you can form an entity in Delaware, and I'm not aware of any issues that would prevent it, then your Delaware entity can register with the Texas Secretary of State as a foreign business entity and conduct business in Texas.


Tiger Attorney
LSU Fan
New Orleans
Member since Oct 2007
15014 posts

re: confused about llc and incorp
Thank you poodle and King


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