Hi guys - I would highly recommend you get an accountant for this kind of
stuff.

But if not, the basic knowledge to help you research this:
- you theoretically should get taxed on wherever a company is domiciled it.
The tests for that are basically where the board makes decisions, where the
company is registered etc.
- This is all defined and dependent on the tax treaty between countries.
Australia has quite a few of those, and these issues are spelled out in
those treaties.

Elias Bizannes
http://eliasbizannes.com


On Thu, Jul 1, 2010 at 10:44 PM, Geoff McQueen - Hiive Systems <
geoff.mcqu...@hiivesystems.com> wrote:

> Hi Ryan,
>
> Re EU 'legal entity': I'm led to believe that you don't in any way become a
> taxpaying entity in that jurisdiction, you don't file any income or tax
> return type paperwork to authorities. So, it seems like you're registering a
> business, but never 'trading' on that business and the credit card payments
> actually come back to your Aussie bank account; you're not opening a bank
> account in the EU, just a merchant acquiring account/code which actually
> clears straight into Australia. Again, so I'm led to believe.
>
> Re Drivers for doing this: while there's certainly an aspect of "If you're
> not here and we can't sue you then we're not going to trade with you" out
> there, the immediate reason for setting up the LLC is just to get paid in
> USD. Depending on the IRS situation and with the risk of double-taxation
> with Australia, this could be the best course of action as the business
> registration and annual costs are bugger all. The unknown is the IRS...
>
> Geoff
>
> -----Original Message-----
> From: silicon-beach-australia@googlegroups.com [mailto:
> silicon-beach-austra...@googlegroups.com] On Behalf Of Ryan Cross
> Sent: Friday, 2 July 2010 3:42 AM
> To: silicon-beach-australia@googlegroups.com
> Subject: Re: [SiliconBeach] Re: Accepting USD Payments on Australian
> Business Website
>
> Hey Geoff,
>
> I'm sure you've thought of this and are incorporating it into your
> calculations, but doesn't option #2 (setting up in EU) also have
> similar ramifications as setting up in the US? I would expect some
> similar costs for incorporation as well as the same potential for
> taxation on the money received there from the appropriate EU tax
> entity.
>
> I'm also curious - have you found organizations that won't trade with
> you because of the currency issue? or because you don't have a US
> presence? I have heard of that its not uncommon in some industries
> where some companies (usually medium to large corporates) won't do
> business with non-US companies (unless there is a US-subsidiary or
> something) or at least make it much much harder.
>
> Thanks,
> Ryan
>
> On Fri, Jul 2, 2010 at 12:31 AM, Geoff McQueen
> <geoff.mcqu...@hiivesystems.com> wrote:
> > An update and a request for some advice from anyone on the list who's
> > dealt with an LLC and Tax Identification Number issues in the US.
> >
> > Update:
> > We've found there are three ways to charge in $US and have the money
> > come back to Australia without registering any sort of US presence or
> > opening a US bank account.
> > 1. Go with NAB - they're the only Australian bank that can provide you
> > with a multi-currency merchant account. As has been covered here
> > before, this isn't exactly great value for a number of reasons, mostly
> > price and surety related.
> > 2. Set up an EU equivalent of an ABN, and then you'll find a bunch of
> > banks who are more competitive, and will happily provide a merchant
> > account that takes money in $US and has it deposited into your AU bank
> > account. Still getting down to details on fees and affordability vis a
> > vie the NAB option.
> > 3. Go with a "Reseller", someone like Plimus of Fastspring. Their %
> > rates are much higher than you'll pay for a gateway, but because
> > they're "reselling" your product/service, they do all the work and
> > they'll happily wire the money to your Cayman Islands account in time
> > for you to buy another Pina Colada. Reportedly, though, Plimus hold
> > back some money in case people run chargebacks on you.
> >
> > Another option of course is to get a US entity, bank account, and tax
> > identification number.
> >
> > Advice request:
> > From what I've read at sites like http://www.incnow.com/faq.shtml, the
> > costs of incorporating an LLC in Delaware are pretty minimal. The
> > annual francise tax and filing fees are just a bit over $100. Having a
> > Delaware LLC will allow you to open a bank account in the business
> > name, and then get your own Merchant account. Outfits like
> > Authorize.net charge bugger all (in magnitude and percentage) for this
> > sort of arrangement.
> >
> > Big question/risk: I'm worried about the real/hidden costs associated
> > with this, specifically filing fees and tax stuff with the IRS. While
> > Delaware might be cheap, the IRS scares me. We're planning on using
> > this LLC just to receive payments, and then wire them back to the
> > Australian bank account of the business. The LLC wouldn't actually
> > "trade", but I'm worried that the IRS will hit us up for tax, and then
> > the ATO will hit us up a second time.
> >
> > Has anyone on the list got any experience or IAMYL advice they can
> > provide?
> >
> > On Jun 9, 10:00 pm, Andrew J <ajes...@gmail.com> wrote:
> >> Hi Alan,
> >>
> >> If the problem is subscription capability you could look at coupling a
> >> subscription billing service on top of PayPal PayFlow Pro (which
> >> allows charging in multiple currencies and has costs about on par with
> >> NAB merchant facilities - and is much quicker to set up).
> >>
> >> I know for a fact that Zuora (www.zuroa.com) have a pretty reasonable
> >> subscription product which can back onto PayFlow Pro (although their
> >> pricing isn't very startup friendly). More recently this market has
> >> gained some competitors (CheddarGetter, Recutly etc.) who may offer
> >> more attractive entry level offerings, and would be worth checking
> >> out.
> >>
> >> Cheers, AJ
> >
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