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Running a Wyomoming LCC while beiing Portuguese resident as a NHR

digitalweb

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Jun 19, 2019
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Hi Everyone,

I hold a European passport and I have been granted Non-Habitual resident (NHR) in Portugal few years ago.
I run E-commerce websites in Europe through a Maltese company (where I have got office and staff, local director... )

As Malta is not accepted by stripe, my plan is to open a WYOMING LLC and a transferwise Borderless acccount (linked to stripe).
As the LLC will be mainly managed by the Maltese company, I plan to invoice the LLC with the Maltese company and then pay Taxes in Malta and Withdraw the dividends from Malta to Portugal.
Instead of withdrawing dividend direct from the LLC to Portugal (because of the central control management).

Do you have any suggestions? I am a bit worried about the Central control and Management as the LLC will be also sometimes managed from PT, I will make sure to sign contracts abroards as I am traveling a lot.

Any comments will be more than welcome!

Thanks!
 
If the Malta company is the member of the US LLC then you don't need to invoice the LLC, as the income will flow through to the Malta company. If the Malta company is managing the US LLC then it would be the same as if the Malta company dealt directly, you will have the same situation as with your Malta company (at least if you get the Malta resident director to handle the LLC).
You talk about withdrawing dividends, but this doesn't really matter to determine central control and management rules, it's about where you control and manage it. If you have a nominee director in Malta then you're probably already on thin ice. If the Malta company is actually managed in Malta then it should be fine, and then it should be easy to manage the US LLC in Malta also.

Note that Stripe in US requires a US based contact person/account signer. You could use stripe atlas to get a Delaware LLC (then they don't require a US based signer) but they don't help with banking for non residents anymore. You could use TW, but there are some reports that it's not always working with Stripe (as TW doesn't support direct debit).
 
Hi Everyone,

I hold a European passport and I have been granted Non-Habitual resident (NHR) in Portugal few years ago.
I run E-commerce websites in Europe through a Maltese company (where I have got office and staff, local director... )

As Malta is not accepted by stripe, my plan is to open a WYOMING LLC and a transferwise Borderless acccount (linked to stripe).
As the LLC will be mainly managed by the Maltese company, I plan to invoice the LLC with the Maltese company and then pay Taxes in Malta and Withdraw the dividends from Malta to Portugal.
Instead of withdrawing dividend direct from the LLC to Portugal (because of the central control management).

Do you have any suggestions? I am a bit worried about the Central control and Management as the LLC will be also sometimes managed from PT, I will make sure to sign contracts abroards as I am traveling a lot.

Any comments will be more than welcome!

Thanks!
Im a software developer. I reside in Spain. I own a New Mexico LLC that holds all of my income. Could I take advantage of the NHR in Portugal?