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Set up US single member LLC by someone who owned EU entity

gazzzzah

New member
Mar 22, 2023
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Germany
Good day Guys!

I have some question for U,S LLC (WYOMING or Delaware)

I have an entity in the EU (western europe), and we are exporting goods from the EU to Asia. I am an Asian and will be in another Asian country this year for business. I am still checking which country will be suitable for avoiding TAX issues. I will keep operating the EU company

To optimize tax, We will set up Single member U.S LLC after I get residence permit in Malaysia, or Singapore or somewhere. I am considering Thai as well.

My wife will set up the LLC and we will invest Private funds for the business. We will buy goods in the EU with US LLC and export them to Asian countries.

Please kindly check below and advise me how you guys think about this

I think that it could be tax evasion but I really wish to do business as long as legally possible without any trouble.

I try to find accountant and tax lawyer for tax consulting but even i contacted few of accountant, they do not care about the issues out of USA but also it seems like they do not know well about the FATCA, CRS actually.

1. The USA is not a CRS country. but they use FATCA. so they will receive the information about US citizens from where the citizens have an account. but I am not really sure whether the USA sends and shares the information with foreign authorities for the foreigners who have accounts in the USA. I tried to find a lot of information here and various articles on google. but I am not 100% sure.


2. I can find information that the US tax authority does not share at least US LLC`s account information in the USA with foreign authorities as long as the LLC does not make any US sourced income. and they do not share the UBO`s information as well. Are there any exceptions?

I read one of the articles here, mercury, wise, such as EMI in the USA. they may share the foreign client`s information with foreign tax authorities. Anyone have an idea? if it is more safe way, please recommend good banks which try to keep anonymity

3. For example, If we settle in Thailand and get a residence permit then open an account in Thailand. After 1 year, If we move the asset in the USA to a Thailand account. then the foreign sourced income tax will be exempt. In this case, is there any possibility that the EU country where we lived, can get any information? 183 days have passed already at this point and we got a residence permit and opened a bank account with the residence card in Thailand. This time our tax residency is Thai, so Thai banks may not share our bank account details with the european country where we lived?

4. My wife has 50% of the EU company shares. Could it be a problem? Will be it better to give up the shares? it`s useless. She never get any profit from the company.

If you can introduce any exports in this field, please let me know.

Thank you for sharing your valuable acknowledgement in advance, god bless you!
 
I cant answer 1 and 2,

3 : This depends on the type of permit in Thailand. A residence permit you can only obtain when you get a work permit or made a significant investment。 All other visas are tourist visa and might get reported to your country of residence (not yet clear if this is done as for gold visa they still require permanent address)

DETAILED INFORMATION NEEDED FOR RESIDENCE PERMIT APPLICATIONS (BY YEARLY QUOTA PER NATIONALITY)
1. An applicant’s qualifications
A foreign national may qualify to apply for a residence permit if he/she
1.1 holds a passport of his/her current nationality, which was granted a NON-IMMIGRANT VISA and has been permitted to stay in the
Kingdom of Thailand on the basis of one year visa extension for the total of at least 3 consecutive years up to the application
submission date.
1.2 has personal qualifications that fit one of the following categories:
(1) Investment category
(2) Working/Business category
(3) Humanity Reasons category: he/she must have relationship with a Thai citizen or an alien who already possessed residence
permit as the followings:
1) A legal husband or wife.
2) A legal father or mother.
3) A child who is under 20 years of age up to the application submission date and must be single.
(4) Expert category
(5) Extra circumstance


4: You wife is a related party, so although in declaration you can avoid this is a related company, tax ax authorities can/will still consider this the same entity once found out. Using family members is an easily used trick to obfuscate ownership where authorities look through.