italian professionals in the USA

Of course.

Even in the United States of America, one can find several Italian legal professionals who deal with both local and Italian law, or even both countries.

We recommend that you always rely on experienced professionals who have a comprehensive knowledge of the law
Italian and American, as well as are licensed to practice law in the relevant jurisdictions.

For sure.

However, knowledge of Italian or European taxation and international double taxation treaties is not a prerequisite for qualification as a Certified Public Accountant (CPA) in the United States of America.

This is why we always recommend relying on professionals who work daily on issues affecting taxation, trade and business activities between Italy and the United States of America.

Yes.

In the case of residence abroad, a special power of attorney for the sale of the property must be signed at the nearest Italian diplomatic representation, which will have legal force in Italy. From a tax point of view, in the case of the transfer of real estate on Italian territory, the principle of locus rei facta applies, whereby the property is taxed in the country where it is located, regardless
of the owner’s residence. The United States of America could then give a tax credit under the
treaties against double taxation with Italy.

Usually not. Beyond possible part-time jobs on the university campus, the student visa does not allow students to work or seek employment outside of the university, except to do an internship upon completion of their studies. The search for employment outside of such
conditions may result in a visa violation and lead to revocation of the visa.

No. Although it is possible for any foreign national to start a business or invest in real estate in the United States, an immigrant right to the U.S. does not follow from such activities. As opposed to mere ownership of real estate,
in the case of a new business activity, there is, however, the possibility of living and residing in the U.S. through the
granting of one of several categories of investment visas.

Yes, absolutely.

For stays of less than 90 days, Italian citizens do not need a visa to enter the US. In the case, on the other hand, of the intention to enter into marriage and live together in the U.S., Italian citizens will need to apply for an engagement visa
(fiancée visa) to begin the process aimed at marriage and permanent reunification in the United States
of America.

There are more than 100 visa categories for the United States of America.

The visa is an act
by which the US allows foreign nationals to enter or reside in its territory. U.S. visas are divided into two main macrocategories: non-immigrant (temporary) and immigrant (permanent) visas. Choosing the visa best suited to the individual’s needs depends largely on the reasons for the stay, such as study,
work, cultural exchange, training, investment, marriage, etc.

Officially called the Permanent Resident Card, the Green Card is a permanent residence permit granted by the U.S. immigration authority to foreign nationals who choose the U.S. as their home. All Italian citizens who wish to live and work in the U.S. permanently require a Green Card.

Is it equivalent to American citizenship? A Green Card may be granted to family members of US citizens, as well as temporary residents, employees and self-employed persons, entrepreneurs, or asylum seekers who meet certain criteria, but it is not equivalent to U.S. citizenship. Possession of a Green Card can over time give one the opportunity to begin the naturalization process to become a U.S. citizen.

LLCs (similar to Italian SRL) and corporations (similar to Italian SPA) are among the most common corporate structures in the United States of America. For an overseas business project, choosing the right type of company is crucial because it can lead to important tax, administrative and operational benefits. Both LLCs and INCs are limited liability corporations in which the members do not have to answer for the obligations of the corporation with their personal assets. There is no single answer to which of the two
types is better: it depends on what kind of activity will take place in the U.S.; LLCs, however, may be more
flexible in terms of fiscal-administrative burdens and obligations compared to INCs, which are, by their nature, more
structured.

In the United States there is no such thing as a freelancer/self employed as we understand it in Italy. Certainly this is a country that encourages self-employment, and there are several corporate forms that protect freelancers and self employed individuals. However, there is no VAT in the US, while a sales tax is levied on goods or services sold to the end consumer to which even freelancers may be
subject to. Regarding the immigration aspect, however, there is no specific visa for working in the U.S. as
self employed.

The US tax agency is called the Internal Revenue Service and is a federal agency, part of the Department of the Treasury, responsible for the collection of taxes and the administration of the Internal Revenue Code, the set of tax rules of the United States of America.

It depends on the immigration status in the United States of America. U.S. citizens, even if resident abroad, and foreign nationals who are tax residents of the United States, regardless of their immigration status, are required to report their income to the U.S. Internal Revenue Service, even if it is produced abroad.

In general, all Italian citizens who are not residents in Italy (registered with AIRE) are not required to declare their income earned abroad. On the other hand, this condition is not valid, if, beyond the registered residence, the citizen is tax resident in Italy and generates income abroad or vice versa. In such a case, income as well as all financial relationships maintained abroad must be declared
within its Italian declaration.

Not necessarily. In 1984 and 1999, the United States of America and Italy signed a bilateral treaty with respect to the payment of taxes in order to avoid incidents of double taxation, i.e., those cases in which two states both claim the right to tax the profit of the same individual. For more information, contact your trusted international tax preparer.

From its founding to the present day, the United States has been a favorite destination for individuals and entrepreneurs seeking new opportunities for success. However, the path requires careful planning, patience and resolve, and can involve significant financial investments. However, there is no one-size-fits-all strategy-the most suitable path to the American dream depends, in fact, on the individual case and must be carefully evaluated with the help of experienced professionals who can work alongside you and identify the best solution for your needs.

The costs associated with incorporating a company in the United States vary depending on its legal nature and the U.S. state of incorporation. It is generally a fairly small investment and a process that takes place quickly, even less than 48 hours. On the other hand, the cost of domiciliation and administrative management can vary substantially depending on the activity and the business
size.

Yes, but not always. In some US states, the incorporation of a company can be done remotely, instructing a third party (incorporator) to carry out all necessary actions before the authorities. At the same time, US residency may not be necessary-which is why even Italian citizens residing in Italy can open their US business without having to travel overseas.

In some cases, yes. Beyond the fintech solutions that the market offers, opening a personal U.S. checking account is generally not permitted if the holders are not U.S. residents. For businesses, on the other hand, opening a business checking account at one of the major lending institutions is possible, although it is a process that requires thorough due diligence and assistance from your trusted advisor.

Opening a U.S. checking account can lead to countless business and personal benefits including: increased business reliability, additional protection of personal or business assets, low fees on U.S. dollar transactions and purchases, issuance of an international U.S. credit card, maximum security and high degree of confidentiality, as well as consolidation of creditworthiness to the credit rating.

It depends. In the U.S., there is no VAT number as we understand it in Italy. However, any business engaged in an ongoing business activity (ETOB, Established Trade or Business in the United States) is required to apply for an EIN (Employer Identification Number) and in some cases, apply for a license to collect state sales tax.

The United States of America has three levels of tax competence: federal, state and local. Generally, individuals or companies that relocate and expand their interests in the U.S. are subject to income taxes (income tax), which vary indicatively between 0% and 37% at the federal level, and between 0% and 14% at the state level. In addition to income taxes, some activities or individuals may
having to be subject to the payment of other taxes, such as on goods sold, property, assets,
or on imports.

Absolutely not. Delaware is a tax-advantaged state for multiple reasons: access to the competitiveness and reliability of the U.S. market, very quick opening of a new business even for nonresidents, modern and efficient legislation attentive to business and privacy, particularly advantageous tax regime for foreign income, which is still subject to federal taxes.

Setting up an American company is a faster and less complex process than in Italy, although it requires specific know-how. Operating with a U.S. company can bring significant tax benefits, reducing the uncertainty associated with intercontinental business operations and providing greater reliability and visibility in the overseas market.

Yes, the two professions are distinct in the duties and responsibilities of their roles. Unlike the bookkeeper who is an administrative figure primarily concerned with the proper organization and recording of a company’s financial transactions with a more operational role, the accountant, i.e., Certified Public Accountant (CPA) offers financial and tax advice of
strategic nature, also providing for the preparation of tax returns. To practice as a CPA, the practitioner needs a bachelor’s degree with a business-management focus, to have completed an internship, as well as to have passed the CPA exam, which differs by tax field.

The figure of the notary public exists in the United States, but with more circumscribed powers than its Italian counterpart. The notary public is a public official appointed by the state government whose role is to act as an impartial witness in signing certain documents. Each U.S. state regulates the role of the notary and the powers granted differently, but generally the notary is used for oaths, declarations, testimony, verification of signatures and certification of certain documents. Unlike in Italy, the notary often
practices as a lawyer.

A power of attorney is a document through which a principal assigns to an attorney the powers to act on his or her behalf for a given period of time and with respect to certain areas of his or her life or profession. In the United States, a power of attorney is not always required to be notarized to have legal force, but a witness may be required. In some U.S. states, moreover, the public notary cannot draft a power of attorney; instead, this function is considered the exclusive prerogative of a lawyer.

As of 2011, Remote Online Notarization (RON) service is available in the United States.
This practice, which began in Virginia, became increasingly common during the Covid-19 pandemic. Currently more than 40 U.S. states authorize RON, excluding Delaware, Connecticut, California, Massachusetts and the District of Columbia, although a bill is currently being considered to regulate the service at the federal level.

An Italian citizen residing abroad can make power of attorney to a citizen in Italy through the diplomatic legation (consulate or embassy) of Italy in the foreign country, or directly through an Italian notary public. On the contrary, for acts to be produced
abroad, it may be necessary to visit a notary public and apply for an apostille, which, according to the Convention
of the Hague of 1961, certifies the authenticity of the act outside the country where it was drawn up or issued.