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Bitcoin accidentally solved my startup's international banking problem

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Re: Bitcoin accidentally solved my startup's international banking problem

#52

I'm in a very similar situation: I remotely incorporated in Delaware, US, and now trying to open a bank account in the US (for Stripe). Help, anyone?

I'm a non-US citizen based in the EU with a DE C-Corp. I set up a BoA account for the business last July while on vacation in the US.

I also contacted SVB (branch in London) and they said they could do it without requiring a trip to the US.

Re: Bitcoin accidentally solved my startup's international banking problem

#54

If you were willing to spend hundreds of dollars, why not hire a lawyer to proxy your application? With a POA the attorney should be able to sign documents on your behalf.

I'm not sure that's true. The EU's "know your customer" rules for banks are pretty strict.

A cursory glance at KYC reveals nothing barring a POA for banking. I might be wrong, but I'd give it a shot if I were in the same situation.

Re: Bitcoin accidentally solved my startup's international banking problem

#55
The problem you've run into is most likely a result of the "FATCA" provisions (Foreign Account Tax Compliance) in the HIRE Act 2010 - a US law - rather than EU money laundering regulations directly.

The result is that any non-US financial entity that don't want to incur the wrath of the US government is required to report information about their US customers to the IRS.

See this PDF for HMRC guidance for the UK regarding this: http://www.hmrc.gov.uk/drafts/uk-us-fatca-guidance-notes.pdf

As a result, smaller US customers are particularly undesirable for non-US banks these days.

Re: Bitcoin accidentally solved my startup's international banking problem

#56
post #32

Earlier quoted context omitted.

It's legal as long as you report any income you make from it personally. There's nothing stopping you from incorporating in the Seychelles, and getting a bank account in Latvia, Belize, or Panama/St Vincent. Just so long as you report foreign income paid out to yourself. The foreign corporation doesn't have to report anything (this might have changed, i'm not a lawyer). That's why you see all those shady collector co…

But what if you end up "working" for your company? Let's assume that you are in the US and might have to put in hours to hack together a product or a service. And none of your "employees" are in Latvia or Belize. Is it still legal?

It's legal, but you increase the odds that the IRS might pay extra attention and consider whether the company is de-facto US. I don't know US regulations in that respect, but many countries give tax authorities wide latitude in determining that an entity is due tax in their country even if it's not incorporated there.

Note, though that theres still nothing illegal with it (unless you try to explicitly hide what you're doing) - it may "just" impact your tax bill.

If the company hosts it's service in Europe, sells to European customers and otherwise does not have much of a footprint in the US, chances are good they'd accept that the company is foreign.

Of course any income he takes out - whether salary or dividends - will still be taxable in the US (subject to any tax treaties if he were to do the work in the EU too).

Re: Bitcoin accidentally solved my startup's international banking problem

#57

I'm in a very similar situation: I remotely incorporated in Delaware, US, and now trying to open a bank account in the US (for Stripe). Help, anyone?

Most large US banks or banks with a US presence will allow opening a US bank account reasonably easy. Call around. It is generally easier to open one in person (but if you make a trip, make sure you know what identification they require first as it varies wildly), but at least the larger banks tends to have no problems handling foreign account holders with the caveat that the paperwork can be a bit annoying.

I once opened a Chase account from Norway, and had to go to the US Consulate in Oslo to get an apostille on the application form (basically the consulate had to attach a document by seal that confirmed they had seen my id and matched the details to what I claimed on the application, and watched me sign the form - apostilles are expensive, I had to pay about $100 that time, and it's unusual to require it to be done at a consulate or embassy rather than "just" a recognised notary public).

TD Bank is another alternative I have more recent experience with - it's a Canadian bank group with branches in lots of US states, including Delaware, and a company I'm involved with had them open US accounts for a US company we set up, though we also had an account with them in Canada opened from Canada by a Canadian citizen, so I don't know how easy or hard it'd be to get an account set up by them from elsewhere - they did fedex me documents to the UK to sign, though. And didn't require any apostilles or other expensive verification.

Depending on your location, you may also find it possible to open a US held bank account from your home country by looking at which (if any) of your local banks have branches in the US (this applies in general for many country pairs, but especially if you want to open accounts in major financial centres - my old Norwegian bank has a branch in London, for example). Note that in many cases they will have "branches" that are not generally open to consumers and may not be advertised, so you'll want to check online and call their business banking people. Major international banks like Barclays or HSBC for example may often be an alternative.

It is also easier if you "only" need a dollar account as opposed to a US held account - many banks offer accounts in the major currencies without offer a general banking service in the relevant countries -, though I'm assuming you actually need a US account.

Re: Bitcoin accidentally solved my startup's international banking problem

#58
post #51

Why author thinks that UK Paypal account would not get frozen, if someone would complain? Also I have serious doubts UK court would just accept ruling of German court. In software law UK is closer to US.

The article isn't terrible clear about it, but it's not a ruling by a German court. The German Federal Court of Justice submitted the question to the European Court of Justice, and the ECJ made the judgement; this judgement binds other national courts also.

Re: Bitcoin accidentally solved my startup's international banking problem

#60
post #13

How is it legal for someone based in the US to setup a UK company to run his business? Isn't this a recipe to get the IRS to investigate this as a tax evasion scheme? I mean if it's possible, then every online business should incorporate in HongKong and avoid Taxes, VAT and several other complications that the IRS put.

His servers are in the UK and his company is in the UK. Since the 'service' is performed in the same country that the business is located, the income does NOT qualify as 'Foreign base company services income'. (see 26 USC § 954 E 1 B)

Any money repatriated to the U.S. (e.g. if he pays himself) is taxable income.

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