Raleigh, NC asked in Tax Law, Business Formation and Business Law for Texas

Q: How can I open a company with workforce being in another country.

Hello, I need some legal advice. My friend has a company in Pakistan, and I'm interested in opening a similar company here in the US as an LLC . The workforce would be based in Pakistan and my friend will be handling that.

I'd like to know the best way to go about setting this up, particularly regarding the legal and tax implications.

Could you please advise on the process and how the tax structure would work in this scenario for NC and TX?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Starting an LLC in the US with a workforce in Pakistan involves several key steps. First, decide whether to form your LLC in North Carolina or Texas by comparing their specific filing requirements and fees. Once you’ve chosen the state, file the necessary formation documents with the state’s Secretary of State and obtain any required business licenses.

Legally, you must ensure compliance with both US and Pakistani regulations. This includes drafting contracts that clearly outline the roles and responsibilities of your Pakistani workforce and adhering to employment laws in both countries. It’s also important to protect your intellectual property and ensure data security across borders.

For taxes, your LLC will be subject to US federal taxes and the state taxes of North Carolina or Texas. Texas does not have a state income tax, which might offer some advantages. Additionally, payments to your workforce in Pakistan may require withholding taxes and you should be aware of any tax treaties between the US and Pakistan. Consulting with a tax advisor can help you navigate these complexities and ensure you meet all legal obligations.

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