Thursday, May 26, 2016

What is an L1 Business Visa

What is an L1 Business Visa

Original source:  http://freedomimmigrationusa.com/what-is-l1-visa/



There are certain requirements in order to apply for an L1 visa. These requirements are different for an employee and employer. The requirements of L1 visa is an important aspect of what is L1 visa, so you should pay careful attention to this section.

Employer Requirements for L1 Visa


The employer who is petitioning for L1 visa must meet the following requirements:


  • The existence of a qualifying relationship with a foreign company which might be a subsidiary, parent company, branch office or an affiliation of the foreign organization. These all organizations are referred to as qualifying entities or organizations.

  • The company is either currently doing business as an employer in the US, or be willing to do so through the petition for L1 visa

  • The mere existence of offices or agents is not enough for obtaining an L1 visa rather a systemic provision of services and goods is required in the foreign office established or to-be established in the US

  • The company must also be in business in one another country on a minimum, either directly or through any of the qualifying entities, which should be during the duration of the L1 visa holder's stay in the US but engagement in international trade is not a requirement



                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                             Well-established Businesses vs. Start-ups


If you are a start-up company or business and you already know what is L1 visa, then this shows your interest in expanding your business. The above mentioned requirements are very easy to fulfill for businesses which are well established and renowned. Such companies do not have to submit excessive documentation as proof. But for small businesses and start-ups, they need to verify their eligibility by submitting excessive documentation and proof while petitioning for an L1 visa. In such cases, it is a wise decision to consult an experienced attorney.

Employee Requirements for L1 Visa


To learn more about what is L1 visa and its requirements for employees, read on.

1.    Employee Applying for L1-A Visa


The requirements for employees who are applying for L1-A visas are:


  • He/she should have worked overseas for one year among the last three years other than the US

  • He/she would be serving a managerial or executive role in the US

  • He/she should have been employed in an executive or managerial position in the company in US

  • He/she should be well qualified for the job in light of his/her past experiences and education

  • He/she should have the intention of leaving the US at the end of the duration for L1-A visa



2.    Employee Applying for L1-B visa


The requirements for employees who are applying for L1-B visas are:


  • He/she should have worked overseas for one year among the last three years other than the US

  • He/she would serve as a professional in specialized knowledge – more than the level of familiarity and close to the level of expert and professional

  • He/she should have the intention of leaving the US at the end of the duration for L1-A visa


The above information has enlightened you about what is L1 visa but you need to know that in addition to the requirements, if the L1-B visa holder is primarily stationed on the worksite or office a company other than the petitioning company and either of the following occurs then the visa holder will be violating the status:


  • The principal control of the visa holder is under the unaffiliated employer

  • If the reason for working for the unaffiliated employer is to provide labor for hire rather than the serving in order to provide specialized and professional knowledge



www.freedomimmigrationusa.com

Thursday, May 12, 2016

How to Open a Business in USA Without an ITIN Number

How to Open a Business in USA Without an ITIN NumberOriginal source:  http://www.itinnumberonline.com/how-to-open-a-business-in-usa-without-an-itin-number/

 

Most of the people, be it residents or non-residents who start their business in the United States, need not obtain an SSN or ITIN number to acquire EIN number. So, they must not worry about how to open a business in USA without an ITIN number. We have already discussed about all the logics and rationale as a result, now you may be able to understand why it is so. Briefly, an ITIN is not the smart choice for forming a business in the United States and it is not acceptable either, which is why you need an EIN.



Before we move on to the procedure of how to open a business in USA without an ITIN number, you must first consider the important elements for an EIN number. Check them out below.




  • You should see the form of the business structure (S-corporation, C-corporation, or a an LLC)

  • You should see the residency status of an individual (non-resident or resident)

  • You should look into the association of attorneys for businesses

  • You should see the cofounders of the United States business



The elements discussed above will help you in gauging whether or not you require an EIN number. In order to know more about how to open a business in USA without an ITIN number, you must read on to this section very carefully.



Acquiring an EIN number is not very complex but it is just the documentation that makes the procedure time consuming. Once you have hired or are working with a seasoned consultant, you will hopefully not face any hurdles. They will ensure whether or not all your documentation has been done properly and if they meet the requirement or not. The steps below will help you in understanding how to open a business in USA without an ITIN number.



·      Step # 1: Hire a Seasoned Business Lawyer



The first and foremost step prior to forming a business in the United States is to hire a seasoned, professional, and of course a credible business consultant. A lawyer is the one who will look into all the matters on your behalf. They will be the one to represent your business as a third party designee. Choosing a business attorney is a challenge though, but you can look through their testimonials to make a smart decision.



·      Step # 2: Application Process



After choosing your professional business consultant, looking into the application process is quite essential. With the help of a lawyer, you can prepare your EIN number. Your seasoned attorney will help you in assembling all the documentation and paperwork, and prepare the application for your Employer Identification Number (EIN).



·      Step # 3: Contact the Internal Revenue Service (IRS)



Once your lawyer has prepared the application, they may need to get in touch with the Internal Revenue Service (IRS) for the foreign investors. Once they have contacted the IRS department, they will be required to either fax or post the signed form to the IRS office.



·      Step # 4: Acquiring EIN Number



Once the application sent by your lawyer is submitted and proved to be genuine by the IRS, the IRS will accept it. Later, your representative, lawyer will have to go and collect the EIN number on your behalf on the day they will be called.



Now that you know the complete procedure of how to open a business in USA without an ITIN number, you may have realized how much the role of a lawyer is essential in the entire process. This is why, you should consider hiring a lawyer or a firm who are seasoned, professional and have credibility in the market.



Also, you must keep in consideration that you hire a lawyer who either has SSN number or an ITIN number. If they do not have any, the process will not go smoothly. You will be given an EIN number because of their ITIN and SSN number. So ensure to choose lawyers wisely and smartly.



If you need any help in opening a business in USA without an ITIN number, please call us at 407-344-1012, or email us at info@freedomtaxfl.com .



www.itinnumberonline.com

Monday, May 9, 2016

How to Apply For 501c3 Status in Florida

How to Apply For 501c3 Status in FloridaOriginal source:  http://freedomtaxaccounting.com/how-to-apply-for-501c3-status-in-florida/#respond

 

  1. To Incorporate in Florida

    Submit Articles of Incorporation to:



    Department of State

    Division of Corporations

    PO Box 6327

    Tallahassee, FL 32314


    Non-Profit Info.: (850) 245-6052

    Web Site: www.sunbiz.org

    Filing Fee: $35

    Designation of Registered Agent Fee: $35









    Note: The Articles of Incorporation may be filed online here.


  2. To Obtain 501(c)(3) Tax-Exempt Status

    Submit Form 1023, Application for Recognition of Exemption to:



    Note new address:

    Internal Revenue Service

    P.O. Box 12192

    Covington, KY 41012-0192


    Information: (800) 829-1040

    Forms: (800) 829-3676

    Web Site: www.irs.gov/charities

    Filing Fee: $850 ($400 for IRS Form 1023-EZ)









    Note: Certain organizations, including those with gross revenues at or below $50,000 annually, may qualify to file the online Form 1023-EZ, Streamlined Application for Recognition of Exemption. For more information and to determine if you are eligible for this form, refer to the IRS website.


  3. To Obtain Florida Sales Tax Exemption

    Submit Form DR-5, Application for Consumer's Certificate of Exemption, with a copy of the IRS 501(c)(3) Determination Letter to:



    Account Management/Exemptions

    Florida Department of Revenue

    PO Box 6480

    Tallahassee, FL 32314-6480


    Phone: (800) 352-3671

    Web Site: dor.myflorida.com/dor/

    Filing Fee: $0









    Note: Additional documents may be required with the filing, depending upon the type of non-profit organization seeking exemption. Refer to the DR-5 instruction booklet for details.

     

    Form Your Florida Nonprofit Corporation



    First, you need to form a nonprofit corporation under Florida state law.



    1. Choose who will be on the founding board of directors for your nonprofit corporation



    In Florida, your nonprofit corporation must have three or more directors.



    2. Choose a name for your Florida nonprofit corporation



    The name of your nonprofit corporation cannot be the same as the name of another nonprofit corporation on file with the Florida Department of State. To see if your proposed name is available, you can search Florida's name database.



    In Florida, your nonprofit corporation name must contain one of the following words: "corporation," "incorporated," or their abbreviations. It may not contain the word "company" or its abbreviation, "co."



    3. Prepare and file your nonprofit articles of incorporation



    You will need to create and file nonprofit articles of incorporation with the Florida Department of State. The articles of organization must include basic information such as: 


    your nonprofit's name and street address your nonprofit's specific purpose (not a general purpose statement) the manner in which the directors are elected and appointed the name and street address in Florida of your registered agent.

    The incorporator must sign the articles and the registered agent must sign its consent to act as agent for service of process. 



    The Department of State has an articles of organization form on its website which you can fill in online, print out, and mail in. Complete and file your articles following the instructions provided on the Secretary of Commonwealth's website.



    The articles form on the Department of State's website does not include language required by the IRS to obtain tax-exempt status. To receive 501(c)(3) tax-exempt status from the IRS, you'll need to have certain specific language in your articles, including:


    a statement of purpose that meets IRS requirements statements that your non-profit will not engage in prohibited political or legislative activity, and a dissolution of assets provision dedicating your assets to another 501(c)(3) organization upon dissolution.

    For more information on IRS requirements for tax exemption, see IRS Publication 557, Tax-Exempt Status for Your Organization, available on the IRS website. Make sure you include the federal tax-exempt required language in the articles you create. 



    4. Prepare bylaws for your Florida nonprofit corporation



    You'll need to prepare bylaws that comply with Florida law and contain the rules and procedures your corporation will follow for holding meetings, electing officers and directors, and taking care of other corporate formalities required in Florida. For more information, see Nolo's article Nonprofit Formation Documents: Articles of Incorporation, Bylaws, and Organizational Minutes, or, for help creating your bylaws, see Nolo's book How to Form a Nonprofit Corporation, by Anthony Mancuso (Nolo). Your bylaws do not need to be filed with the Florida Department of State -- they are your internal operating manual.



    5. Hold a meeting of your board of directors



    Your first board meeting is usually referred to as the organizational meeting of the board. The board should take such actions as:


    approving the bylaws appointing officers setting an accounting period and tax year, and approving initial transactions of the corporation, such as the opening of a corporate bank account.

    After the meeting is completed, minutes of the meeting should be created.




Thursday, May 5, 2016

How to Renew E2 Visa

How to Renew E2 Visa

Original source: http://freedomimmigrationusa.com/how-to-renew-e2-visa/



www.freedomimmigrationusa.com



Most of the individuals and companies qualifying for the E2 status do get the E2 visa, but they it last from two to five years only. This limit seems less to them. As a result, they often question, how to renew E2 visa. Your applications for the renewal of E2

status should be submitted via e-mail with clear division of tabs. So if you want to learn the core of the question, how to renew E2 visa, you must read to this section carefully.



·      Tab A: Introduction Letter



The cover letter that elaborates about the enterprise and the beneficiary should address the requirements for the E2 visa qualification. The requirements highlighted in the U.S. Department of the State Foreign Affairs Manual (9 FAM 41.51) are discussed below.




  1. The existence of the requisite treaty (consider N4)

  2. The individual or the company possesses the nationality of the treaty country (consider N3)

  3. The applicant either have invested or in the process of investing (consider N8)

  4. The enterprise is an operating and real commercial expense (consider N9)

  5. The investor has invested more than marginal for living (consider N11)

  6. The investment of the applicant is subsequent (consider N10)

  7. The applicant has a position to develop and direct the enterprise (consider N12)

  8. In case the applicant is an employee, they must have supervisory or executive position (consider 14)

  9. The potential investor should depart the United States as soon as their E2 visa's status expires (consider N15)



·      Tab B: Forms



The E2 visa has certain requirements in order to obtain the renewal of E2 visa. Let's find them out below.




  1. Applicants are required to complete the entire visa application form DS-160 online and confirm the sheet and the employees are required to include the form DS-156E. The contact information must also be provided in the forms.

  2. The fee must be paid on advance prior to interview by the non immigrant investor.

  3. There should be an agreement between the representative and investor signed by both the parties with phone number and proper email ID.

  4. In case the applicant is not the investor but an employee, they are required provide a job letter by the company describing their business. Qualifications, job description, and responsibilities of the job applicant.



·      Tab C: Application Information



If you want to know more about how to renew E2 visa, you must carefully read the application information's requirements below.




  1. The applicant is required to submit a resume or curriculum vitae.

  2. The statement of intent should be signed in order to leave the United States upon expiry of the E2 status.

  3. Proof of potential applicant's ongoing residency of the treaty country is required.

  4. A copy of either extensions or any changes made for the E2 status granted by the USCIS (consider form I-797)

  5. The colored copy of the bio data page, applicant's passport, US visas, US entry and exit stamps and I-94 are required.



·      Tab D: Ownership



The ownership for obtaining the E2 visa's status has certain requirements as well. Let's find them out below.




  1. In case the applicant is a company, an article of incorporation for the United States' business is required.

  2. The share certificates or the operating agreement also needs to be show to verify the ownership.

  3. If a large company with several owners or subsidiaries or if the chain has intermediary entities, is applying for E2 status, they need to submit the following.

    1. Legal proof of instances of ownership within the chain

    2. The complete organogram of the ownership structure and levels

    3. Colored copy of the bio data pages of the passports



  4. If the applicant is a public company having several shareholders and neither of them owns 50%, they are required to include a copy of most recent trading information on shares and a copy of current annual report.



·      Tab E: Investment



If you are wondering about how to renew the E2 status, remember that one of the most important parts for the renewal is the investments. So check out the requirements for the renewal of E2 status below.




  1. If you have any extra business, you need to provide closing documents and purchase agreements.

  2. In case you took a promissory note, you will be required to submit proof of regular payments.

  3. If you do not operate the business for which you were approved, you need to submit all the documents that are required for the first time investments.

  4. You need to submit evidence of major investment if you operate the same business for which you got approval previously.

  5. If you have submitted funds in escrow at first and this is your first approval then you need to submit all the direct evidence such as cancelled checks, corresponding debits from bank and closing documents to ensure that the money was disbursed to the seller.



·      Tab F: Real and Operating



There are certain requirements for the real and operating businesses by the USCIS.




  1. The business must be in some relevant and local state and has federal licenses.

  2. It should pay monthly bank statements for the current calendar year.



·      Tab G: Marginality



The business should not be marginal and there are some more requirements to it as well.




  1. You need to submit all W-2 or 1099 forms for the last two years.

  2. You will be required to show the profit and loss statements for the previous and current calendar years.

  3. You will have to submit the US tax returns for the past three years including all the statement and schedules. They copies need to be signed and dated but the IRS.


Monday, May 2, 2016

How to Apply for ITIN Tax Number

How to Apply for ITIN Tax Numberoriginal source: http://www.itinnumberonline.com/how-to-apply-for-an-itin-4/    in www.itinnumberonline.com

 

Applying for an ITIN



Once you have understood the advantages and have fulfilled the eligibility requirements of obtaining an ITIN, you can submit the application for it either by mail, in-person or through an IRS acceptance agent. Whichever method you choose, the procedure of submission will remain the same. If you have decided to apply for an ITIN, then here's how you can proceed.



1.    By Mail



Firstly, ITIN applications cannot be submitted on the internet. Download and print the latest version of the W-7 form from the official website of the IRS. There are 8 boxes from 'a' to 'h' and you need to tick the correct box or boxes, to explain the reason for which you are submitting the W-7 form. As a general rule check the boxes 'b', 'c', 'd', 'e', 'f' or 'g' on the W-7, because you will be filing for a federal tax return as well. The W-7 records your biographical information. Non-resident aliens who are filling the W-7 should check the boxes 'a' and 'h' for tax treaty benefits. If you fill the W-7 incorrectly or check the wrong boxes, you might get a temporary ITIN. So make sure that you fill the W-7 form attentively. Here is a brief explanation for what each box means.




  • Box 'a' is for a non-resident alien who wants to get an ITIN in order to claim a tax treaty benefit. This is valid for the residents of those countries with whom the U.S. has an income tax treaty. If you are going to check this box, make sure to check box 'h' as well.

  • Box 'b' is for a non-resident alien who will be filing a tax return. This tax is compulsory to notify the IRS of an income, which is being generated from a business or a trade in the U.S. This box is also checked if an alien just wants a tax refund.

  • Box 'c' is for those non-resident aliens who have been living and working illegally in the U.S. Although the USCIS has not given them permission to work, these individuals are still required to file a tax return.

  • Box'd' is for the dependents of a U.S. citizen or a U.S. resident alien. These individuals are not eligible to receive an SSN. The dependents of U.S. military personnel are not needed to submit an original or a certified copy of their identification document.

  • Box 'e' is for the spouse of a U.S. citizen or a resident alien. The spouse may or may not be a resident alien and is ineligible for an SSN but who is not subject to filing a tax return. The alien can also choose to file a U.S. tax return in a joint effort with their spouse. In such cases, this box needs to be checked.

  • Box 'f' is for a non-resident alien professor, student or a researcher who has temporarily come to the U.S. to teach at a recognized educational institution, to attend a course or a degree or to carry out research. If this box is being checked, you need to submit your passport with a valid U.S. visa.

  • Box 'g' is for the spouse or a dependent of a person holding a valid U.S. visa. Such individuals are dependent on a tax return but are not eligible to get an SSN. They have entered the U.S. with a non-resident person holding a U.S. visa. When checking this box, make sure to attach a photocopy of your visa with the W-7 form.

  • Box 'h' is for situations that have not been described in the previous boxes. If any of the reasons mentioned through box 'a' to 'g' are not applicable to you, check this box and describe your reason in detail for requesting an ITIN. Remember to attach supporting documentation as well.



After that, you need to attach a valid federal tax return to the W-7 application along with a set of supporting documents such as your genuine proof of identity like a valid passport or certified copies of the like. Please note that the IRS no longer accepts notarized copies of the passport for an ITIN application; instead please ensure that you submit copies of your identifying documents which have been certified by the issuing agency of the IRS. The IRS also accepts original identification documents and has released a list of 13 documents that are accepted. These documents will be returned within 60 days of the processing of the W-7 form. The documents are listed below.




  • A stand-alone passport

  • Civil birth certificate (For dependents under 18 only)

  • Foreign driver's license

  • National identification card (Photo, Name, Address, Date of birth, and expiration date must be visible)

  • S. driver's license

  • S. State identification

  • Foreign voter's registration card

  • S. military identification card

  • Visa

  • Foreign military identification card

  • S. citizenship and immigration services (USCIS) photo identification

  • Medical records (For dependents under 6 only)

  • School records (For dependents under 14 only, under 18 if a student)



You can then mail the completed application to the IRS. Since you are mailing your tax return form as an attachment to the W-7 form, don't send it to the address listed in the form 1040A, 1040 (the tax return form; also known as the U.S. Individual Income Tax Return), or 1040EZ. Instead mail the W-7, the tax return and the original or certified copies of your proof of identity and foreign status documents to the following address.



Internal Revenue Service



Austin Service Center



ITIN Operation



P.O. Box 149342



Austin, TX 78714-9342



An application for obtaining an ITIN can be made anytime during the year; there is no restriction. However you have to make sure that the tax return is filed before its due date, otherwise you might be liable to pay a penalty.



Once your application is received, it will be verified and if you are eligible for an ITIN, a letter will be issued by the IRS containing your ITIN within a period of six weeks. If you don't receive a letter within the allocated time, you can call the IRS hotline and inquire about the status of your application.



2.    In-Person



You can bring your completed W-7 form along with the tax return form and the required documentation to any IRS Assistance Center in the United States or an IRS Center abroad. Only an authorized IRS Taxpayer Assistance Center will be able to validate your national identification documents and your passport and return them on the spot. They will then send your application to the main IRS center in Austin, Texas for further processing.



3.    Acceptance Agent



You can submit your application through a licensed acceptance agent. There is a list of IRS authorized acceptance agents, which can be found on the official website of the IRS. An acceptance agent can help you fill the W-7 form, verify the original documents as well as any certified copies of the identification documents and return them to you immediately. The agent will then attach a normal copy of the identification documents and a certificate of accuracy to the form W-7 and submit the application for an ITIN.



An ITIN can also be provided to dependents or to a spouse by sending the same valid tax return form along with the W-7 form for each dependent or a spouse, and the required identification documentation that supports their claim of holding a foreign status. As an alternative, these documents can also be submitted to some U.S. Consulates and Embassies for validation.



The recent policy of the IRS dictates that if an ITIN has not been used over a period of 5 years, they will expire. Therefore, it is essential to file a tax return so as to prevent them from expiring. If an ITIN expires, it will be reassigned.