USA (Delaware)

Delaware is a U.S. state located on the Atlantic Coast in the Mid-Atlantic region of the United States. It is bordered to the south and west by Maryland, to the northeast by New Jersey, and to the north by Pennsylvania.

Delaware is the leading incorporation state in part because it has a separate Court of Chancery, which handles corporate law cases quickly and with more expertise than the general courts in most states. Delaware has no sales tax, income tax, or intangible personal property tax.

A Delaware LLC allows the members and managers to remain anonymous, making it easier to hide assets.

Delaware is the first choice for business owners seeking:

  • Asset protection
  • A pro-business environment
  • The prestige that accompanies Delaware LLCs and Delaware corporations

By incorporating in Delaware, a compelling array of additional benefits is available, such as:

  • Tax savings
  • Convenience
  • Flexibility

The Delaware PRIVACY Advantage:

  • Company ownership need not be disclosed to the State of Delaware.
  • Company ownership transfers need not be reported to the State of Delaware.
  • Delaware does not maintain a publicly available database of companies management.
  • The reporting and disclosure obligations imposed by the State of Delaware are minimal.

The Delaware ASSET PROTECTION Advantage:

  • Owners of Delaware LLCs and corporations receive limited liability protection.
  • Owners’ assets cannot be seized as a result of the LLC or corporate liabilities.
  • Due to the privacy protection offered by Delaware, it is more difficult for attorneys to track business owners and owners’ assets.

The Delaware TAXATION Advantage:

  • Delaware imposes no income tax on either LLCs or S corporations.
  • Delaware imposes income tax on C corporations only to the extent that income is earned in the state of Delaware.
  • Delaware imposes a low franchise tax for small companies.
  • Delaware imposes no tax on capital stock or assets.
  • There is no sales tax in Delaware.
  • There are no Delaware capital shares or stock transfer taxes.
  • There is no state inheritance tax on stock held by non-residents of Delaware.

The Delaware CONVENIENCE & FLEXIBILITY Advantage:

  • Delaware is one of the least expensive states in which to form an LLC or corporation.
  • Delaware allows one individual to act as the shareholder, director, and hold all the executive offices.
  • Delaware LLCs and corporations can be headquartered anywhere in the world.
  • Aside from a registered agent address, owners are not required to maintain a physical address within the state.
  • Company records do not need to be physically located in the state of Delaware.
  • Stock can be transferred instantly and privately, without filing a public notice.
  • You do not have to be a US citizen to form a regular Delaware C corporation or LLC.
  • Delaware does not impose a minimum capital investment requirement for LLCs and corporations.
  • Delaware’s Secretary of State office offers a wealth of information for managing your LLC or corporate standing.
  • Delaware LLCs and corporations offer generous protection (sometimes called indemnity) from personal liability.
  • Unlike most other states, Delaware corporations can easily be converted into LLCs and vice versa.
  • Delaware LLCs and corporations can be formed without coming to Delaware, using an online incorporator like The Delaware Company
  • Good Reasons to Incorporate in Delaware
  • Best state to incorporate a startup
  • Favourable laws for corporate governance
  • Clear and consistent legal system
  • State tax laws that favour companies not doing business in the state
  • For the non-resident company looking to expand into the US market, Delaware is a great base to start from.

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