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How to Incorporate your Business

Canadian Incorporation Advice for United States Residents

 
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Why Incorporate
Incorporate in Canada
Incorporate in BC
For USA Residents
Registered Office Service
Virtual Office Bundle
Why Trademark
Trademark Searches
Domain Name Disputes
Special Structures
Family Trusts

 

 

All Canadian corporations require a registered office in the jurisdiction where you incorporate. A registered office is responsible for receiving any court actions on behalf of the corporation. 

 

USA  Corporations Can Do Business In Canada  

US Corporations can do business in Canada. They have to comply with local laws which may mean that they have to register as an extra-provincial corporation and they may have to set up tax accounts such as HST (a type of sales tax) and remit certain taxes to the Canadian tax authorities. Canada generally has lower corporate tax rates than in the USA. If your corporation earns enough profit in Canada to make it worthwhile to take advantage of the lower corporate tax rates in Canada you should  consider setting up a separate Canadian corporation.

USA Resident Individuals Can Do Business In Canada

US resident individuals can take advantage of the North Amercian Free Trade Agreement (NAFTA) to obtain visas which will allow them to work in Canada. We suggest you refer to a guide such as those published by Self Counsel Press to determine what visa you should apply for. You only need a visa if you plan to work in Canada. If you can conduct the business from the US, for example, an internet based business, you don't require a visa if you don't plan to travel to Canada.

Individuals usually want to incorporate to benefit from the limited liability afforded by corporations to its owners. If a corporation suffers losses, it must bear those losses to the extent of its own resources, and not the personal assets of the individual shareholders. (Although directors and officers can be liable to pay debts owed by the corporation to the government, for certain debts owed to employees and for other special things like environmental contamination.)

What Corporate Structure is Best for Me?

US resident individuals can easily start a Canadian corporation to conduct business in Canada. What is more difficult is to decide whether to use a US corporation or a Canadian corporation to conduct business in Canada, whether to incorporate a federal (Canada) corporation or a provincial incorporation such as British Columbia or Ontario, and whether to own the shares in the Canadian corporation through a US corporation or LLC or individually or through a trust.

Don't forget that you may have to file IRS Forms

US tax residents who own shares in certain foreign corporations including Canadian corporations are required to file IRS Form 5471. Similarly US tax residents who form trusts in Canada are required to file IRS Form 3520-A.

Gain the INC Business Lawyers Advantage:

we can help you choose a corporate structure which is best for you.
we can help you form trusts to enjoy the superior asset protection and lower corporate tax rates available in Canada.
we can help you obtain a Canadian bank account.

Incorporate Federally or in any province!

You can incorporate federally or in any province you wish -- there is no legal requirement that says you have to incorporate in each province in which you conduct business. A general rule-of-thumb is to incorporate in the province that your company has its principal operations, especially if your business is primarily within a single province. Many businesses choose to incorporate federally to get Canada wide name protection. Many businesses choose to incorporate in British Columbia because BC does not require Canadian resident directors. 

Contact Us Today to Order

We can help answer your questions?

Enquire today about incorporating your company in Canada.

 

 

INC Business Lawyers Tip!

Every Canadian Corporation is assigned a Business Number automatically. Your corporation's business number is used as its number for all tax accounts such as GST, PST, Payrolls deductions and Corporate Taxes. However, you need to apply for most tax accounts as they are not required for many companies. Canadian corporations are required to file T2 corporate tax returns every year. Ask us to help you find out what accounts you require and to help you set them up quickly and easily. 

 

Learn more about incorporating in: 

British Columbia
Federal

 

 

 

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