Foreign Companies

The United States has a long history of welcoming investment from abroad. The US industries that have attracted most attention from foreign investors are manufacturing, information technologies, mining, utilities, and construction. Below are some valuable points for foreign entrepreneurs coming to do business in the United States to consider.

  • The United States has a long history of welcoming investment from abroad
  • A non-U.S. person can usually establish a U.S. subsidiary or branch without substantial control or review by any federal, state or local governmental authority in the U.S.  There are only a few exceptions in certain sensitive areas and highly regulated businesses.
  • Foreign investors in the U.S. enjoy the same flexibility in financial arrangements as U.S. nationals.
  • There is no need to obtain formal approval from financial authorities to set up a company in the U.S.
  • Foreign exchange controls are generally absent.
  • The non-U.S. investor is generally free to make any desired arrangements for financing the U.S. enterprise. There are no requirements to register the investment of foreign equity capital or loans.
  • Interest and royalty rates charged to the U.S. company may be freely established, although they will be scrutinized by U.S. tax authorities.  There are no registration requirements as to transfer of technology agreements.
  • The foreign-owned U.S. enterprise may freely remit U.S. profits abroad, and its owners may freely repatriate their equity or debt capital investment.  Dividends, interest, royalties and service fees may also be freely repatriated, although such payments may be subject to U.S. withholding tax of 30% or a lower treaty rate, if applicable.

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