Moving abroad while still running a U.S.-based business can feel like trying to race with someone holding onto your legs. People may underestimate the complications of winding down an American company or restructuring it to run without their direct input. Not only do you have to sell or shift operations, but you will have to figure out tax and legal obligations to avoid costly errors. Proper planning allows you to start the next phase of your life without leaving behind a mess.
Assessing Your Business Structure and Exit Options
The type of business you own impacts how easily you can step away. Sole proprietorships are relatively easy to dissolve, but LLCs, S Corps, C Corps and partnerships involve state filings, tax considerations and possibly shareholder agreements. You have several options when moving abroad — sell, dissolve or restructure.
The method you choose should also consider the well-being of your employees. Small businesses account for 70% of net new jobs since 2019. You may have loyal staff you want to protect. Even if you dissolve your organization, you can do so in phases that allow workers to seek other employment.
Sell Your Business
The cleanest ending is to sell your company to someone else. Ensure you fully understand the process and get what your company is worth while avoiding future liabilities. Brokers estimate a six- to 12-month timeline for the sale process, but you'll need to factor in a transition period to get the new owners up to speed.
Dissolve Your Company
If you are a smaller company, dissolving the business is a straightforward way to end things. You should comply with paperwork requirements from federal and state authorities, including dissolving corporations and informing stakeholders. For more complex structures, seeking advice from an attorney is wise.
Restructure and Continue
You can also change the structure of your business and how it operates. Although more complex, if your business is digital or you can manage it from afar, you could continue with a reliable income stream while living as an expat. Creating passive income and managing your firm abroad may give you the best of both worlds.
You can keep U.S. ties but shift most operations to the country you're moving to. E-commerce stores and SaaS companies are flexible enough for this type of restructuring. You must establish legal registration and tax residency wherever you reside.
U.S. Tax Implications: What Expats Need to Know
If you remain a U.S. citizen, you must still pay your taxes while living abroad. You'll have to file a tax return annually. Some pitfalls you'll want to avoid include double taxation, where you owe in your new country and to the U.S. Check the IRS website to see if tax treaties exempt you from one or the other.
In addition to traditional filings, you can fill out a Report of Foreign Bank and Financial Accounts form and additional ones for controlling foreign entities. You may pay an exit tax on capital gains if you decide to renounce your U.S. citizenship.
Calculating and paying for the tax is complex, so consult a CPA adept at navigating expat taxes. Selecting the correct timing and other fine details can save you money. You'll need to repeat the process for the state you registered your business in.
Banking, Credit and Financial Access After Exit
When a U.S. bank detects a foreign address, it may restrict your accounts. Accessing credit, business loans and savings can become difficult. To prevent a sudden halt to your cash flow, you can talk to the bank about your plans and what you need to do to maintain access. You should keep a U.S. mailing address through a mailbox service or a family member. Keep a bank account in your home country for direct deposits.
Handling Employees, Contractors and Payroll
If you plan to keep your business going and pay staff or contractors, you'll have to navigate complex payroll and U.S. business regulations. Your new country could also have different requirements. Some options include shifting American employees to contractor status if their work falls under the correct category or using an international payroll provider to pay employees and handle compliance issues.
Digital Assets, Intellectual Property and Data Security
Intellectual property and digital assets drive your brand if you're a digital entrepreneur. You must protect them when you relocate. Pay attention to trademark, patent and copyright registrations in the U.S. and your new country. Have a lawyer scan your contracts to ensure intellectual property remains in your control even during restructuring.
Take extra care when securing your systems. Carelessness caused 98% of reported security breaches in 2023. Study foreign data privacy regulations like GDPR to avoid fines. You have a responsibility to protect customers’ personal information. Paying attention to the rules and following them protects your brand and allows you to grow outside the U.S.
Setting Yourself Up for Global Success
Navigating the transition from living stateside and running a business to becoming an expat often requires the help of professional consultants with expertise in the area. You may need a tax advisor, an attorney and a financial planner. Disengaging from a U.S. business before moving abroad is achievable but requires careful planning and attention to tax and compliance rules. Once you've restructured your assets, you'll have a secure life in a new location.
Devin Partida is the Editor-in-Chief of ReHack.com, and is especially interested in writing about finance and FinTech. Devin's work has been featured on Entrepreneur, Forbes and Nasdaq.
