Halo teman-teman bisnis di Indonesia! Jika Anda memiliki bisnis di Amerika Serikat, pastikan Anda memahami persyaratan pelaporan kepatuhan, hukum, dan kepemilikan yang bermanfaat. Sebagai pemilik bisnis yang beroperasi di luar negeri, penting untuk memahami peraturan dan kewajiban yang berlaku di negara tempat Anda berbisnis.

Dengan mematuhi semua persyaratan pelaporan yang diperlukan, Anda dapat menjaga bisnis Anda tetap berjalan lancar dan terhindar dari masalah hukum. Dengan pemahaman yang baik tentang aturan dan regulasi di Indonesia dan Amerika Serikat, Anda dapat memastikan bahwa bisnis Anda beroperasi dengan baik dan memberikan manfaat yang maksimal bagi Anda dan para pemangku kepentingan lainnya. Jadi, jangan ragu untuk terus belajar dan mengikuti perkembangan terbaru dalam bidang kepatuhan dan hukum bisnis!

Registration Requirements

The United States consists of 50 states and 5 territories, each with its own set of business regulations. To operate legally, businesses must adhere to both state-specific rules and federal laws.

State-Level Registration:

When establishing a business presence in the United States, businesses from Indonesia must complete state-level registration in any state where significant business activities occur. This requirement typically applies if your company:

• Has a physical presence in the state
• Frequently meets with clients in the state
• Derives a significant portion of revenue from the state
• Has employees working in the state

Incorporating your Indonesian Company in the US

Even if none of the specific criteria apply, a Indonesian company must still choose a home state for registration when conducting business in the US. This involves forming a U.S. entity, such as a corporation, LLC, or other business structure, in that state. This registration ensures that the company is officially recognized and compliant with US regulations, regardless of its level of business activity in any individual state.

The newly formed U.S. entity will operate as a subsidiary of the foreign company. This means that while the U.S. entity is legally independent, it remains under the ownership and control of the parent company based in Indonesia. This structure allows the company to conduct business in the US while maintaining its international headquarters.

We recommend using Northwest Registered Agent if your foreign company needs to incorporate. They offer expert guidance and can serve as a reliable registered agent for your business, ensuring compliance and smooth operations.

Federal Requirements

In addition to state requirements, Indonesian companies must also comply with federal regulations:

• Federal Tax ID: Obtain an Employer Identification Number (EIN) from the IRS. This number is essential for tax reporting and opening U.S. bank accounts.
• Industry Regulations: Companies may need to follow specific federal regulations depending on the industry. For example:
• Import/Export Laws: If the company is involved in importing or exporting goods, it must meet U.S. customs regulations. This includes adhering to rules for tariffs, duties, and necessary documentation.

Beneficial Ownership Information Reporting Requirements

For Indonesian businesses conducting operations in the U.S., adhering to Beneficial Ownership Information Reporting (BOIR) requirements is crucial. The Corporate Transparency Act mandates that companies disclose the individuals who own or control them. This applies to most entities, including those that are incorporated or registered in any U.S. state. The goal is to enhance transparency and combat illicit activities such as money laundering and terrorism financing.

A beneficial owner is an individual who controls the company or owns 25% or more of its shares, either directly or indirectly. For compliance with BOIR requirements, businesses must report information about these individuals, including their names, addresses, and identification details. Failure to file this report can result in significant penalties and legal consequences. Therefore, companies from Indonesia need to ensure they meet these reporting obligations promptly and accurately.

For your convenience, you can file your Beneficial Ownership Information Report directly on our website. Click here to complete the process in just a few minutes and ensure your business complies with U.S. regulations.

Additional Considerations for Indonesian Businesses:

Tax Treaties

The tax treaty between the USA and Indonesia offers significant advantages for businesses operating across both countries. It helps prevent double taxation, reduces withholding taxes on certain types of income, and provides clarity on tax residency rules. These benefits can lead to substantial cost savings and improved cash flow for Indonesian companies doing business in the USA. For more detailed information about the specific provisions of the tax treaty, click here to access the official IRS documents.

Trade Considerations

When conducting business with the USA, Indonesian companies should be aware of the Generalized System of Preferences (GSP) program, which provides duty-free treatment for certain products imported from Indonesia. However, it’s crucial to note that GSP eligibility can change, so staying updated on current trade policies is essential. Additionally, Indonesian businesses should familiarize themselves with the US-Indonesia Trade and Investment Framework Agreement (TIFA), which aims to strengthen bilateral economic ties. While there isn’t a comprehensive free trade agreement between the two countries, sector-specific agreements may apply. It’s imperative for Indonesian companies to research and comply with relevant US regulations, such as those set by the Food and Drug Administration (FDA) for food and drug imports, or the Consumer Product Safety Commission (CPSC) for consumer goods. Staying informed about potential tariffs, quotas, and industry-specific requirements will help ensure smooth trade operations with the USA.

Your Path to Compliance: Key Takeaways for Indonesian Businesses in the U.S.

Operating a Indonesian business within the USA requires careful attention to legal obligations, from establishing your home state to incorporating and filing a beneficial ownership report. Meeting these requirements is essential for ensuring compliance and securing your business’s success in the American market. By understanding and adhering to these steps, you can confidently navigate the complexities of doing business in the U.S. and focus on growing your enterprise.

Ready to get started? Click here to file your BOIR in just a few short minutes. We make the process easy, fast, and secure so you can focus on what matters—your business.