Expansion to the US: Understanding Legal and Tax Considerations

2020 has been a year of tremendous change. One of potentially positive changes is a global shift to digital interaction, with the acceleration of eCommerce pulling down barriers to entry for some. For many organizations this trend may open doors to growth strategies that had not previously been considered.

Organizations gaining traction in the US market need to understand the legal and tax considerations of targeting growth within the largest economy in the world.


Tenley Carp, Arnall Golden Gregory LLP

Malcolm Joy, Frazier & Deeter UK

Tycho H.E. Stahl, Arnall Golden Gregory LLP

Mike Whitacre, Frazier & Deeter

Watch as our experts explain some of the unique aspects of doing business in the US, including:

Tax Considerations

  • Inbound tax structuring, planning and setup
  • Inversion planning – a Delaware “flip”
  • Ongoing tax compliance and reporting including requirements for the “home” country parent
  • State taxes, including sales tax
  • Transfer pricing planning/global tax minimization
  • Issuing stock options or other incentive compensation to USA employees

Legal Considerations

  • Customer and distribution contracts / terms and conditions
  • Organizational formalities / choice of entity
  • Employment and Immigration Law
  • Engaging with local Partners:  Joint Ventures, incentives, M&A, distribution structures
  • Strategies to mitigate U.S. market entry risk for the parent and its shareholders
  • Product liability risk issues
  • Special COVID-19 considerations