Last month, I asked here (and in a few other places) for advice on incorporating for Canadians. Here's what I learned...
Quick recap: I am working on two projects. #1 is a simple game that I am working on by myself, and #2 is a longer-project where I have a co-founder (who is based in, and is a tax-resident of the US).
Based on some suggestions, I decided to go ask cross-border legal and tax experts. After some great conversations (and shelling out a few hundreds of dollars) here is what I learned:
LLCs and US C-Corps are the easiest things to get started (e.g., with Stripe Atlas) and make a lot of sense for most cases. For Canadians (as sole-owners, or co-founders) though, LLCs in particular can create a lot of hassles, and double-taxation.
As a direct owner (co-founder) in a US C-Corp, I would have similar hassles with taxation.
Many US investors also prefer to invest in US Corps, since LLCs or non-US Corps can add on documentation/taxation burden on to them.
Based on their suggestions, this is what we decided to do in our case:
Register a Canadian Corporation (either federal or provincial). This corporation is primarily created to (A) act as a holding company for a US C-Corp and (B) because corporations in Canadian has many tax-advantages, such as a lowered tax-rate (federal tax rate for corporations is 15%, can be as low as 9%), small-business benefits, personal tax deferral and lifetime-capital-gains-exemption (if you sell it).
Incorporate as a C-Corp in the US. The owners of this C-Corp would be my US-based co-founder and the Canadian Corporation from #1.
Incorporation can be done in any state and does not usually matter (what matters more is where work is done). Delaware is a popular option for SAAS businesses and Stripe Atlas can easily create this for you.
Now when it comes to taxes:
I had a lot of confusion with a lot of this, and didn't really get any clear answers via Google or from various forums. Hope this helps future co-founders.
Now go on and build! Cheers.
Can you refer me to your lawyers who were about to get you to do this structuring, also I hope these still are applicable