International Taxation

At A Francis + Associates we work side-by-side with our clients and tailor our services to fit their specific needs. We combine personal attention and access to the highest technical expertise and specialized knowledge levels. International Taxation. Timely communication and responsiveness are hallmarks of our client relationships. All of these attributes support our objective of … Continue reading “International Taxation”

At A Francis + Associates we work side-by-side with our clients and tailor our services to fit their specific needs. We combine personal attention and access to the highest technical expertise and specialized knowledge levels. International Taxation. Timely communication and responsiveness are hallmarks of our client relationships. All of these attributes support our objective of helping you reach your financial goals.

We pursue excellence by staying on top of current developments and technologies. We stay abreast of industry issues and observe the marketplace to provide service and advice tailored to your specific needs and goals. We use our experience and resources to develop industry insights and specialized skills that allow us to bring maximum value to your projects. These factors allow us to deliver superior service and act as a trusted business adviser.

A detailed listing of the services we provide is set out below. Take a look at what we have to offer and how we can help you or your business.

Specialized International Taxation and Accounting

For foreign companies establishing a US presence

International TaxationOur firm specializes in International Taxation and Accounting for foreign companies (or will be) establishing a US presence. Throughout the process, we provide tax planning and services of many types that are customized to the newly incorporated company. International Taxation. It is our privilege to facilitate services to our clients from the State(s) registration until the M&A or Exit (from when the company is registered with the state until it is purchased). Within this complex cycle, we provide (but are not limited to) the following services.

International tax planning, strategies, consultation – especially new tax reports

Effective international tax planning is a complex balancing act and has never been easy. The constant shifting of the tax landscape in multiple jurisdictions makes it difficult to time your tax and cash needs appropriately, take full advantage of tax deferral opportunities, avoid the seizure of foreign tax credit opportunities, double taxation, and control your overall tax exposure.

Maintaining a robust international tax structure is an ongoing project, requiring foresight to adapt tax strategies that fit your future, especially regarding an M&A or other exit event. Revisiting your international tax structure every three to five years is good practice. Still, significant changes such as entering new markets, major changes in tax regulations, or a cross-border merger or acquisition should trigger a strategy re-evaluation.

Minimizing your overall global tax exposure is another critical concern. Businesses can pursue strategies to manage their effective global tax rate, including locating assets, risks, and essential functions of business in taxpayer-friendly jurisdictions.

Finally, it’s important to remember that local experience matters. The best international tax strategy is as good as executing it in every operational jurisdiction. Each jurisdiction brings its unique banking, legal, and tax environments. Navigating these concerns means building effective relationships with local advisors, and building these relationships takes time.

Transfer pricing consulting

Transfer pricing presents special tax and legal risks, including the potential commitment of significant management time in the event of a transfer pricing examination. Our experience helps companies manage their transfer pricing issues, especially the risk of double taxation.

Tax Treaties

Tax treaties are another effective mechanism to avoid double taxation, especially since the U.S. has entered into income tax treaties with more than 60 countries. Most tax treaties require rigorous documentation tracking and have complex and exacting legal requirements to stay in compliance. We can help you assess the cost-benefit of complying with tax treaties and optimizing strategies.

Advising on the leading US structure that fits investor requirements

The U.S. system offers companies several entity structures that have different tax implications. We can help you determine which design is best for your entity, whether a C Corp, S Corp LLC or another type. We carefully consider how the U.S. structure’s choice impacts your overall tax obligation and long-term strategy.

International tax reporting and ensuring that the company is complying with the due diligence process

Few things can put a damper on an M&A or exit, like a non-compliance issue. Imagine the due diligence process going smoothly, coming near closing, and then suddenly, a tax compliance issue that halts the process or significantly impacts valuation.

Companies are struggling to do more with less while driving value out of their tax and finance functions while dealing with complex local rules, disparate technologies, and manual processes during the compliance cycle, resulting in the risk of compliance failures. We use our experience providing cross-border tax compliance services to coordinate all tax compliance activities.

Accounting and payroll services designed for booking services destined for multinational Parent-Subsidiary relationship

We provide a full range of accounting and payroll services for our international clients. Cross-border operations can create complex payroll compliance issues and stringent bookkeeping requirements to provide financial reporting across a broad range of accounting standards (i.e., U.S. GAAP, IFRS, Spanish GAAP, etc.). Until the convergence of all accounting methodologies, companies need a firm that can assist with these challenges.

Assisting the company officers and executives with their US taxes

Foreign national executives filing their US taxes face numerous challenges, and the last thing a company wants is for this to distract them from their operational performance. Providing these services to your executives and officers offers them deep value and can help with retention and recruitment.

Foreign nationals face unusual tax circumstances. Especially if they hold savings or investments outside the U.S., We can help determine how they should be taxed and what reporting requirements are required, such as reporting foreign bank accounts, etc.

State and sales tax reporting and compliance.

Companies that have never done business in the U.S. are often surprised by tax systems’ disparity throughout the various states. Every state has its income and sales tax systems, which can be daunting to companies operating in the U.S. without proper guidance. We can help you navigate not only the state and sales tax reporting requirements but also plan in the context of your overall international operations.

International Taxation

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Choose The Right Corporation

At A Francis + Associates we work side-by-side with our clients and tailor our services to fit their specific needs. We combine personal attention and access to the highest technical expertise and specialized knowledge levels. Choose The Right Corporation. Timely communication and responsiveness are hallmarks of our client relationships. All of these attributes support our … Continue reading “Choose The Right Corporation”

At A Francis + Associates we work side-by-side with our clients and tailor our services to fit their specific needs. We combine personal attention and access to the highest technical expertise and specialized knowledge levels. Choose The Right Corporation. Timely communication and responsiveness are hallmarks of our client relationships. All of these attributes support our objective of helping you reach your financial goals.

We pursue excellence by staying on top of current developments and technologies. We stay abreast of industry issues and observe the marketplace to provide service and advice tailored to your specific needs and goals. We use our experience and resources to develop industry insights and specialized skills that allow us to bring maximum value to your projects. These factors allow us to deliver superior service and act as a trusted business adviser.

A detailed listing of the services we provide is set out below. Take a look at what we have to offer and how we can help you or your business.

Choose The Right Corporation

Examine Options Carefully for Organizing Your Business

Choose The Right CorporationIf you’re like most owners of growing firms, you might wonder about the best way to protect your personal assets and conduct your daily activities. For some businesses, forming a corporation is the best solution. Others benefit most from the creation of a Limited Liability Partnership.

Suppose you are the sole proprietor of a retail firm, and a customer falls and gets hurt in your store. Your personal assets, such as your home, could be used to satisfy business litigation awards. When you have a general partnership (two or more people conduct a business), partners are not only liable for themselves but also the actions of other partners. Insurance policies can protect you up to a certain point, but you might still be open to risks without a formal way to conduct business. Below are a few different routes you could take to protect yourself against personal liability.

 LP/LLPCorp S-CorpLLC
Liability ProtectionTo limited partners onlyYesYes
At state levelYesYes with S-Corp requiring IRS approvalYes
Tax status, IRSPartnershipCorporation taxes, except for S-CorpIt ccan be corporate as a corporation or sole proprietor or partnership.
AdvantagesCan complement an existing general partnership

Recognized way to conduct business

Possibility of endless life to the firm.

Simple to setup and maintain

Flexible options on taxation

No annual meetings or keeping minutes

Disadvantages

Unlimited liability of general partners

Death of partners dissolves the LLP

Complex to set up and maintain

Except for S-Corp, double taxation

Relatively new form of business that may not be fully understood by banks and investors

Possibility of being dissolved upon death of the member

How to Incorporate – Types of Corporations

Choose The Right Corporation

Limited Liability Partnership (LP or LLP)

This type of entity is a more formal way of doing business than a general partnership. Limited partnerships include both general and limited partners. Limited partners are usually investors with not much say in the business. An LLP can be formed after a general partnership has been set up and is working well. For example, a father and son own a business using an informal general partnership setup. However, now they need funds to make improvements and to open a new branch. While other family members and friends might be willing to help out, they’re not interested in the risks involved – so they choose to be limited partners.

The LLP is not a separate entity as far as taxes are concerned. This means that the LLP doesn’t pay separate income taxes, and profits/losses flow directly into the partner’s tax returns. Note that an LLP is required to file an annual information return using Form 1065 and K-1s to all partners.

The rules about opening an LLP and documentation vary by state. Check out with the Secretary of State or other department for registration and compliance requirements. In California, the LLP structure is used primarily by certain professional services, and firms must pay an annual fee of $800.

One of the main advantages of an LLP is that it’s easy to attract investors, who might become silent partners without dissolving the original general partnership. On the other hand, the chief disadvantage of this type of structure is that you still have general partners who have liability over the business. The death of any partner dissolves the partnership.

Corporation

A corporation is a separate entity created at the state level. A corporation has rights and liabilities that are separate from the owners, shielding them from personal liability for business activities – a major advantage of a corporation. If a product hurts a customer and he sues, corporate owners are not at risk of losing their assets. A corporation has stockholders as owners and distributes profits and losses through dividends. Income doesn’t automatically flow through the owners.

It’s easy to transfer ownership through the transference of stocks, allowing for more flexibility and the possibility of endless life. When a stockholder dies, the effect on the business is not as high as in the case of a sole proprietorship or a partnership. A corporation is an older, more traditional entity conducting business in the United States. Banks and investors tend to be more comfortable with a corporation rather than a Limited Partnership or Limited Liability Company.

Corporations file separate tax returns and pay taxes at their own rate. This often causes the problem of double-taxation of owners, who are taxed on dividends, while corporations are taxed on earnings. Certain corporations do qualify with the IRS to be S-Corporations and are able to avoid corporate taxation.

Professionals, such as doctors and attorneys, form professional corporations that offer lower liability protection for negligence or malpractice. This sub-type of corporation is preferred when compared to a general partnership, where professionals are liable for the malpractice of other owners.

A disadvantage of corporations is the work involved in dealing with specific legal and financial requirements at both state and federal levels, such as holding annual members’ meetings. Also, some states charge corporations fees. For example, corporations operating in California pay $800 a year in fees even if they have losses or are based in other states.

Limited Liability Company (LLC)

LLCs are a very popular structure for a firm because it’s simple and easy to set up, providing business owners with flexibility not available with the other types of entities. It allows the benefits of liability protection similar to a corporation and offers the option of “pass-through” taxation, like a partnership.

An LLC with only one owner can be considered to be a “disregarded entity,” with profits and losses flowing directly into the personal tax return of the owner. The LLC can also choose to be treated as a corporation for income tax purposes – this level of flexibility can be very appealing to many business owners. There is no need to hold annual meetings or submit minutes with this entity. However, it does need to have bylaws or an operating agreement to avoid losing liability protection.

An LLC is not a corporation, and its creation is a bit different than a corporation. Some states, such as California, don’t allow for licensed professionals to form professional limited liability companies (PLLC). Certain circumstances, such as making the company insolvent because of excessive partners’ distributions, can make owners personally liable for the debts of the LLC.

Note that when a member of the LLC dies, the LLC may dissolve, depending on the state the company resides in and its operating agreement. Also, note that an LLC is a relatively new form of business, and state laws continue to change regarding this type of entity. Banks and investors may prefer to invest in a corporation that they are more familiar with than an LLC entity.

Considering the types of entities available for business owners who want to formalize their operations and protect themselves from liability, it’s always a good idea to talk to professionals familiar with the various options. Don’t wait until your assets are at risk to take care of the liabilities of owning a business – be proactive and start to consider your options now.

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Business Formation

At A Francis + Associates we work side-by-side with our clients and tailor our services to fit their specific needs. We combine personal attention and access to the highest technical expertise and specialized knowledge levels. Timely communication and responsiveness are hallmarks of our client relationships. All of these attributes support our objective of helping you … Continue reading “Business Formation”

At A Francis + Associates we work side-by-side with our clients and tailor our services to fit their specific needs. We combine personal attention and access to the highest technical expertise and specialized knowledge levels. Timely communication and responsiveness are hallmarks of our client relationships. All of these attributes support our objective of helping you reach your financial goals.

We pursue excellence by staying on top of current developments and technologies. We stay abreast of industry issues and observe the marketplace to provide service and advice tailored to your specific needs and goals. We use our experience and resources to develop industry insights and specialized skills that allow us to bring maximum value to your projects. Together, these factors allow us to deliver superior service and act as a trusted business adviser.

A detailed listing of the services we provide is set out below. Take a look at what we have to offer and how we can help you or your business.

Business Formation

Forming a New Business

Business Formation

Forming a new business can be both exciting and scary as well as overwhelming. One thing is certain, however: it is much easier to get off to the right start than to fix mistakes down the road.

One of the most fundamental decisions is choosing the form of the business. There are various types of entities to choose from, each having its own pros and cons, especially when it comes to taxes and personal liability. Common entities include:

Corporation Chart

Once you have selected the type of entity, you will need to draft appropriate agreements, deal with state filings, licensing, and other tasks. Depending on the type of business entity, formation documents may include:

  • Governing Documents
  • Operating Agreements
  • Shareholder Agreements
  • Bylaws
  • Buy-Sell Agreements
  • Partnership Agreements
  • Employee Manuals
  • Business Formation

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