Amazon FBA US - parttime ondernemer

[Cris0076]

Beste allen, 

 

allereerst excuses als ik doorga in het Engels maar voor duidelijkheid ik kan de situatie beter uitleggen . 

 

In the past weeks I have been searching on this website several topics for international business company setup and learned quite a bit thanks to experts comments and suggestions . It is my intention to consult with good accounting/law firm before taking a decision on if/how to proceed however being at very preliminary stages I thought it was a good idea to share with experienced entrepreneurs like you and have your opinion. 

 

I have been in the past an IT freelance/entrepreneur (all terminated now), living abroad in UK (limited Company) and then in NL (eenmanszaak) .

I reside in NL since many years and I am now in full time loondienst with an IT firm ( I am free to invest sometime as entrepreneur working in my spare time and I have no competition clause on this matter) . I have been playing for sometime with an idea of selling a brand new product I personally designed , it is currently being prototyped in China and I will receive samples soon . 

My idea would be to try sell initially on Amazon US via their fulfilment program shipping directly the product from China , I am aware of all pros/cons of this platform , of all the amazon copycat programs sold by gurus but I believe that market is most suited .  

My question to you is what is the easiest company formation form I can use ? Considering this is really a side job, thankfully I do not need to get an income out of it as I would be glad to reinvest expanding the business and in case re-think in the future.  I would like to avoid complicated and expensive solutions and most of all the in(famous) directeur-grootaandeelhouder (dga) . Product never lands in NL , not sold in NL or Europe . The main involvement of NL taxation would be director being a resident.

An eenmanszaak doesn't allow me to split my personal interests from the company and especially in US ventures I do not feel too comfortable with the whole liability concept , LLC I seem to understand acts as a passthrough living me with the DGA problem . 

Is there any easier alternative ?  My preference would be a US based company as it makes several processes way easier ( import from china , EIN , etc..).  Can the LLC profit simply be taxed on top of my salary (like a sole proprietorship) without having to setup the whole dga process ? Would I be able otherwise to simply pay dividend tax if and when I will take profits out of the company ? 

Thanks , I know this topic has been discussed before but every situation brings different complications.

Cris

 

 

 

 

[Joost Rietveld]

Hi Cris

 

Welcome aboard. The problem with Dutch legal entities is the limited choice between being either a legal person (BV, but with DGA-salary) or a sole propriotorship with the liability. A bit like you can't have your cake and eat it too.

 

A hybrid would be the Cooperative, but that won't necessarily avoid the DGA-salary. In order to be considered an entrepreneur in stead of a DGA with a cooperative, you will need more than one cliënt (the coop being a client of your sole propriotorship). 

 

Going offshore is always possible, but that will entail far more than some advice on this platform, not in the least since US taxes and the US-Dutch tax treaty will be involved. 

 

 

[Cris0076]

20 minutes ago, Joost Rietveld said:

 

A hybrid would be the Cooperative, but that won't necessarily avoid the DGA-salary. In order to be considered an entrepreneur in stead of a DGA with a cooperative, you will need more than one cliënt (the coop being a client of your sole propriotorship). 

 

 

 

Joost , 

thanks for taking time and answering my questions , really appreciated.

Is there any documentation on this specific solution I can take a look at ? (dutch not an issue)

In this case we are talking about dutch cooperative right ? Can you explain what you mean by more than one client ( coop client of eenmanszaak ?? ? ) 

Thanks again .

 

[Joost Rietveld]

welcome,

 

Information about the Dutch legal entities: https://ondernemersplein.kvk.nl/overzicht-rechtsvormen/

 

If you are looking for limited liabilty without the DGA-salary a Cooperatie would be ideal, but in order for this to work it will have to be a socalled entrpreneurs Cooperatie. Meaning that the Cooperatie consists of multiple entrepreneurs, one of which will be your sole propriotorship. And in order for that to work your sole propriotorship needs more than just the Coop as a client