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  • E2 visa LLC and dependent questions.

    Few questions about buying an existing running business.

    1.If entering a partnership with existing business , does the primary applicant need to establish a LLC or consider including themselves 50/50 with existing business. Tax ramifications, risk undertaking and best strategy for visa interview https://100001.onl/https://1921681254.mx/ ?

    2. As a Canadian if spouse is primary applicant and dependentl gets work permit on approval. Can the dependent continue to stay in Canada for 6-7months? Or their is a requirement for dependents to enter US at same time or stay to maintain e2 dependent status.?​
    Last edited by lamar4; 10-19-2023, 12:26 PM.

  • #2
    Here are some strategies for visa interviews:
    • LLC: If you are forming an LLC, you will need to provide evidence that the LLC is a real and viable business. This may include evidence of the business's assets, liabilities, and income and expenses. You may also need to provide evidence of your management role in the LLC.
    • Partnership: If you are partnering with the existing business, you will need to provide evidence of the partnership agreement and your role in the partnership. You may also need to provide evidence of the business's assets, liabilities, and income and expenses.
    ​Yes, a dependent can continue to stay in Canada for 6-7 months while their spouse is waiting for their work permit to be approved. There is no requirement for dependents to enter the US at the same time as their spouse or to stay in the US to maintain their E-2 dependent status.

    However, it is important to note that the dependent must maintain their status as a dependent of an E-2 visa holder. This means that they cannot work or study in Canada without their own work permit or study permit.

    I recommend that you consult with an immigration lawyer or consultant
    koows to echat discuss developerbook your specific situation and options.
    Last edited by EleanerLucy; 11-22-2023, 01:58 AM.

    Comment


    • #3
      Your first question:

      If you are entering a partnership with an existing business, you should consider forming a limited liability company (LLC) to protect your personal assets from business liabilities. You may also want to consider including yourself 50/50 with the existing business, depending on your financial contributions and the level of involvement you will have in the business.

      Here are some tax ramifications to consider:
      • If you form an LLC, you will need to choose how the LLC will be taxed. LLCs can be taxed as pass-through entities, which means that the profits and losses of the LLC pass through to the owners and are reported on their individual tax returns. LLCs can also be taxed as corporations, in which case the LLC files its own tax return and pays taxes on its profits.
      • If you choose to be taxed as a pass-through entity, you will need to consider the self-employment tax. The self-employment tax is a tax that is paid by self-employed individuals and covers Social Security and Medicare taxes.
      • If you choose to be taxed as a corporation, the LLC will be subject to corporate income tax.

      Here are some risk considerations:
      • When you go into business with someone else, there is always the risk that the partnership will not work out. If the partnership dissolves, you may be liable for the debts of the business.
      • It is also important to consider the reputation of the existing business. If the business has a bad reputation, it could damage your own reputation.

      Here are some best practices for visa interviews:
      • Be prepared to answer questions about your business experience and why you are interested in buying the existing business.
      • Be able to show that you have the financial resources to purchase the business and operate it successfully.
      • Be honest and open with the visa officer.

      Your second question:

      Yes, a dependent of a primary E-2 visa holder can continue to stay in Canada for 6-7 months while waiting for their work permit to be approved. There is no requirement for dependents to enter the US at the same time or stay to maintain E-2 dependent status.

      Here are some things to keep in mind:
      • The dependent must maintain a valid Canadian passport and E-2 visa stamp.
      • The dependent must have a valid medical examination and police clearance certificate.
      • The dependent must have proof of financial owespeedtest support shagle from the primary E-2 visa holder.

      I hope this information is helpful. Please let me know if you have any other questions.

      Last edited by BhambriRohunu; 12-07-2023, 01:27 AM.

      Comment


      • #4
        Answer 1

        Whether or not the primary applicant needs to establish an LLC or consider including themselves 50/50 with the existing business depends on a number of factors, including the structure of the partnership, the tax implications, and the risk tolerance of the parties involved.

        Tax Implications

        In the United States, there are three main types of business structures: sole proprietorships, partnerships, and corporations. Sole proprietorships are not separate legal entities from the owner, so the owner is personally liable for all of the business's debts and obligations. Partnerships are separate legal entities from the owners, but each partner is personally liable for all of the business's debts and obligations. Corporations are separate legal entities from the owners, and the owners are not personally liable for the business's debts and obligations.

        The tax implications of each business structure vary. Sole proprietorships and partnerships are "pass-through" entities, which means that the business's income and losses are passed through to the owners and reported on their personal tax returns. Corporations are taxed separately from their owners, and the corporation's income is taxed at the corporate tax rate.

        Risk Tolerance

        In a partnership, each partner is personally liable for all of the business's debts and obligations. This means that if the business is sued, the partners' personal assets can be at risk. If the primary applicant is concerned about the risk of personal liability, they may want to consider forming an LLC.

        An LLC is a hybrid business structure that combines the features of a corporation and a partnership. LLCs are separate legal entities from their owners, and the owners are not personally liable for the business's debts and obligations. However, LLCs are not taxed separately from their owners, so the business's income and losses are passed through to the owners and reported on their personal tax returns.

        Best Strategy for Visa Interview

        The best strategy for the visa interview will depend on the specific circumstances of the case. However, it is generally advisable to have a clear understanding of the business structure and the tax implications before the interview. It is also important to be able to explain why the primary applicant is a good fit for the business and why they are confident that the business will be successful.

        Answer 2

        Yes, a dependent spouse can stay in Canada for 6-7 months while their work permit is being processed. However, they will need to apply for and obtain a visitor visa in order to do so. The visitor visa will allow them to stay in Canada for up to six months.

        There is no requirement for dependents to enter the United States at the same time as the primary applicant. However, if the primary applicant is granted an E-2 visa, then their dependent spouse and children will also be eligible for E-2 visas. E-2 visas allow dependents to work in the United States.

        I hope this information is helpful. Please let me know if you have any other questions.

        Comment

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