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Lev, Tax Advisor
Category: Tax
Satisfied Customers: 29650
Experience:  Taxes, Immigration, Labor Relations
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If I live in california and have a spouse E3 visa and own an

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If I live in california and have a spouse E3 visa and own an Australian company how do I open mu Australian company here. Do I just register my company with Secretary of State and pay a franchise fee?


Hi and welcome to Just Answer!
If you want your Australian corporation to perform business activities in California - yes - it should be registered - and will be liable for federal and California state taxes.


You may find registration requirements here -

File a Statement and Designation by Foreign Corporation (Form S&DC–S/N [for foreign general stock or nonprofit corporations], Form S&DC-PC [for foreign professional law or accountancy corporations] or Form S&DC–INS [for foreign insurer corporations) and attach to the completed form a valid certificate of good standing by an authorized public official of the foreign jurisdiction under which the foreign corporation is incorporated.
You will also need to obtain a tax ID - EIN from the IRS - see details here -
Every year - you will need to file federal and state income tax returns for your corporation and will pay California franchise fees.


If your Australian corporation doesn't actually perform any business activities - you might want to register a new corporation or LLC in the US - and woudl not need to register a foreign entity. In some situations that mighty be more simple solution.
Let me know if you need any help or clarification.


If you still decide to use a foreign corporation - it will need to file a federal tax return as a foreign corporation - using form 1120F -
A foreign corporation files this form to report their income, gains, losses, deductions, credits, and to figure their U.S. income tax liability.

Lev and other Tax Specialists are ready to help you