Legal Question in Business Law in Texas

Re: Options

You can form the business in Texas, appoint a local registered agent. Registering a trademark for this business would not be a problem either. I've helped international clients form Texas companies in the past.

You should contact counsel in Germany, however, to see if there are any tariffs on that.

Re: Options

No problem in setting up a Texas corporation or LLC. You'd need to have a Texas resident as your Registered Agent, although that can be done through a number of agencies.

Getting a tradename/trademark registered doesn't pose a problem either.

I suggest you look into possible problems with the VAT, or tariffs, with local counsel.

Re: Options

On first sight, you would not even need a business in Texas unless you wish to appear as a local business. Legally, you would provide your services from Germany to foreign customers. Therefore, you would need to comply with the relevant German requirements ("Gewerbeschein", etc.). You might want to check with a tax advisor re sect. 3b UStG (German VAT Act) which section provides for certain exemptions regarding VAT; perhaps you will not even have to charge that.

If you would choose to incorporate a Texas entity, you will have to structure the relationship between this entity and your good self (re dividends/income, etc.). I would suppose that that entity's profits would be taxable in the US, the income you would achieve (as manager, employee, consultant or otherwise) would be taxable at your place of residence (i.e. Germany). Therefore, it might well be favourable not to run it through a US vehicle since you might end up paying more. This would require some scrutiny though. Ever thought of setting up a German company (GmbH)? Whether or not this is beneficial will depend on your projected turnovers but perhaps you want to spend a thought or so on it.

You will need trademarks in the US (since this is the market where you want to have your business and its good-will protected) but I believe that the availability of such protection is not restricted to US businesses.

Kind regards & good luck.

Re: Options

Q: I am a US citizen and would like to start a graphics design business from my home here in Germany but would cater only to clients in the United States via the Internet and surface mail. Would like to know if this possible?

A: Yes, creation of a Texas LLC is possible. Since you may not be maintaining an office in Texas, you may have your attorney provide you with a list of companies who will act as your registered agent in Texas, should the need arise. The fee for such an agent is usually small but you will just need to keep them in the loop with regards to your current contact information. You should speak with a local attorney in Germany, however, to see if there are any VAT or tariffs that may apply.

Q: Would also like to register a trademark for this company for future use, would someone be able to assist me with this aspect?

A: This can be done as well. It may involve the attorney outsourcing this to a trademark attorney working under the main attorney.