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October 29, 2008 08:46 AM

Categories: International Focus

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StrugglingSftDeveloper

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Joined: 11/05/2007

How can foreign eCommerce/eMarketPlace software Company have a US merchant account and not pay US taxes? The server will be located in Canada, & support will be from a central america country.

As I understand a company needs a EIN number to get a US bank account. To get an EIN you need Corp and thereafter the Corp is subject to US taxes.

Would a US Corp that only had the EIN & collected the income, then transfers 100% of the money to the foreign Corp be legal & would not have to pay taxes???

If one has a foreign bank account/international merchant account then the customer get charged an additional fee.

Thanks in advance for any comments/links about this subject.

Discussion:    Add a Comment | Comments 1-15 of 15 | Latest Comment

October 30, 2008 11:18 AM

Where is your company incorporated?

Ultimately, that is the key determinant of paying corporate taxes. If you are a Canadian company, you can easily set up a US$ bank account and have full merchant services via a Canadian bank or one of its subsidiaries, for example, BMO owns Harris Bank in the US.

Outsourcing "services" to another country, such as hosting or support has little to nothing to do with who/where you are obliged to pay taxes to.

Its also about what kind of taxes you are talking about: Payroll tax collection at source, business tax, collection of sales taxes ... etc..

If you are a small company in Canada, you may pay no corporate taxes if you are below a minimum income threshold.

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Robert Dubicki

October 30, 2008 1:32 PM

Co is located in Costa Rica which has no Income tax on services to the US.

For the US customer they do not pay a conversion fee per transaction if it is a US Bank Account via a Merchant account. To get US bank account you have to have an EIN & a US company articles of corp. With an EIN it carries Federal Income TAX yearly filing and possible tax liability. If a US company is formed that only takes in the money & transfers it to CR I have concerns.

October 30, 2008 3:38 PM

It sounds like you are trying to set up a US$ bank account in the US itself. I actually wonder why/whether you need to do this in the first place given you are a small company based in Costa Rica with no business operations in the US.

I would suspect, any of the banks in Costa Rica could set up a US$ bank account for you in Costa Rica. Then... you would not need this EIN stuff. You would be then governed by Costa Rica tax laws because you are a Costa Rican-based company.

For example, our company does tons of business in the US (we are in Canada). We simply have a US$ bank account here in Canada. No need for EIN and any of the other things you are worrying about.

Setting up a company in the US, just to have a bank account in the US, is sheer overkill it seems unless you plan to setup operations in the US itself. There seems to be no real need to have an off-shore bank account at this point, unless you will have employees and a physical location anytime soon. I think you may be making this more difficult for yourself than it has to be. Have you talked to your local banker?

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Robert Dubicki

December 16, 2008 4:37 PM

As I understand a company needs a EIN number to get a US bank account. To get an EIN you need Corp and thereafter the Corp is subject to US taxes.


You can be a foreign company and have an EIN. This is useful to claim tax treaty benefits via a W-8BEN if a customer in the US wants to pay you. There's a form on the IRS website where a foreign company can request an EIN.

August 5, 2009 10:58 PM

Hi Justin,
Can you please elabarate more on how can foreign company request an EIN on irs.gov? What form and which address? I searched on irs.gov but can't find it.
Thanks.

Echo

May 8, 2010 2:24 AM

It sounds like you are trying to set up a US$ bank account in the US itself. I actually wonder why/whether you need to do this in the first place given you are a small company based in Costa Rica with no business operations in the US.

I would suspect, any of the banks in Costa Rica could set up a US$ bank account for you in Costa Rica. Then... you would not need this EIN stuff. You would be then governed by Costa Rica tax laws because you are a Costa Rican-based company.

For example, our company does tons of business in the US (we are in Canada). We simply have a US$ bank account here in Canada. No need for EIN and any of the other things you are worrying about.

Setting up a company in the US, just to have a bank account in the US, is sheer overkill it seems unless you plan to setup operations in the US itself. There seems to be no real need to have an off-shore bank account at this point, unless you will have employees and a physical location anytime soon. I think you may be making this more difficult for yourself than it has to be. Have you talked to your local banker?

Hi dubicki,
i am agree with you dear,that is great information.
please guide and explain me that how we create the off-shore bank account at this point ?
is it really necessary

April 18, 2011 2:37 AM updated: April 18, 2011 2:38 AM

If you are a US citizen (even though you may live outside the country) it will cost you about $40 a month to lease the software to charge the credit cards... that is it! The only other requirement is that your business is incorporated or registered in the US. If it isn't, they can set up your business as a Nevada Corporation for about $500 (this can all be done within a couple of days).




Merchant services

February 1, 2012 12:13 PM

I also do my business through a Costa Rica company.
The reason that I need a bank account in the US is because my company accepts PayPal on its website.

I did not know this before but, in order to withdraw funds from our PayPal account, we need a US Bank Account.
For Costa Rican companies, PayPal only makes payment to US banks.

Does anybody know a bank in the US that handles these kind of things?

Highly appreciated.

February 5, 2012 10:18 PM

Handles *what* kind of things? Are you asking about credit cards, or transfers from the US to Costa Rica?

February 6, 2012 5:46 AM

Hi Bruce,

The Costa Rica company is managing a gaming website that receives payments for all over the world through PayPal.
Important to know is that US citizens and residents cannot play on this site.
Because the company is located in Costa Rica, PayPal is only willing to make transfers to a bank account in the U.S.
So, now I am looking to open a bank account in the U.S for the Costa Rica company. (you may call it a non-resident corporate account).

Any ideas which bank to approach for this?

Thanks in advance.

February 6, 2012 6:37 PM

Sorry, no. I know a fair amount about moving money around, thanks to my years in Mexico and Panama, but I'm a US citizen and never gave up my US bank accounts, so I don't know about opening a new one.

I suspect (but don't know) that it may be easier for one individual to set up the account, rather than a foreign corporation. Otherwise, that foreign corporation may need to establish a physical presence.

I will say that if you can swing it, I'd try to set up a bank account with one of the brokerage firms, like Schwab or TD Ameritrade. They offer much better currency conversion rates, in my experience, than "normal" banks.

February 13, 2012 11:19 AM

Love the BMO Harris post... I would avoid working with the brokerage firms as they generally will not have a clue how to open this type of account. Additionally Costa Rica is very light on compliance standards both in the business they allow and cooperation with US goverment so you may run into problems there. I open international accounts every week and may be able to help you here if you'd like. Feel free to give me a call - 800-939-7298 and ask for Jim.

February 13, 2012 11:36 AM

Jim, rather than post a solicitation for phone calls, why don't you post some tangible information? (These forums are for the exchange of information -- not the advertisement of business services.) The OP was asking about exchanging money between a US account (which he does not have) and a foreign nation; my recommendation was only to say that the brokerage firms give the best exchange rates. Btw, when I say "brokerge firm," I mean the bank affiliated with them. E.g., I have a Charles Schwab brokerage account, but that is affiliated with Charles Schwab Bank -- which is what I use for ATM withdrawals when I'm outside the US. (Best exchange rate, and no ATM fees, ever.) The other big issue here is we don't know how much money the OP is talking about. If it's only a few thousand dollars per month, then, heck, I'd just use the ATMs in Costa Rica to get my money. :-)

February 13, 2012 11:44 AM

My apologies as to be honest I wouldn't probably take this account... namely because Costa Rica, as Panama, Gibraltar, Belize, etc... are havens for corporations that want zero information released to other governments. I by no means am saying this is a shady account, but the US goverment would and most banks would want to better understand the WHY for the Costa Rica decision and quite a bit of compliance and Know Your Customer information would need to be researched. My offer was simply to talk this through... just thought I could help. You personally do not have the same issues that our friend from CR would have.

February 13, 2012 12:45 PM updated: February 13, 2012 12:50 PM

No harm, no foul. :-)

And, actually, I did have a similar issue when I was living in Mexico and Panama and still doing freelance work for US clients. I had my clients deposit funds in my US account (via ACH), then withdrew as needed at ATMs. If I needed money from PayPal, it was easy to move to my US account. But, a) my income was small, and b) I had the US account before I left, and c) I reported all earnings to the IRS, since I'm a US citizen.

For small amounts of money, there is another potential workaround, though I hesitate to mention it because I don't want people to game the PayPal system. PayPal lets you create "student" debit cards which can be used in ATMs worldwide. Create the account, and they'll send you a plastic card -- but they'll only mail it to your US address. However, these are intended for students, children, and dependents -- not for business accounts.

Yes, you're right about PayPal's cautious stance re: questionable countries. Still, I always thought it odd that you could have a PayPal account in Colombia, but not in Panama.

Bottom line, I think, is that the OP really needs *some* kind of US presence to do what he wants.

Discussion:    Add a Comment | Back to Top | Comments 1-15 of 15 | Latest Comment

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