(AND WHY YOU MIGHT WANT TO FOLLOW SUIT)
The Duchess of Sussex, Meghan Markle, has moved her company Frim Fram Inc, out of California and incorporated in Delaware. Whilst this news has been surprising for some, Delaware has long been viewed as a domestic tax haven amongst the ultra-wealthy in the US, explains James Turner, Director at company formation specialists, Turner Little.
Delaware is known as one of the three incorporation-friendly states, and is well-known for its ‘business-friendly climate’, with its flexible corporate statutes. In addition to being corporate-friendly, it remains relevant by regularly updating laws that are out of date or confusing. Unlike other states, Delaware has a separate Court of Chancery that specialises in settling corporate disputes.
Delaware also does not collect taxes from Delaware corporations that do not do business in the state. It also does not tax royalty payments or other ‘intangible assets’. These policies can lead to substantial savings for some corporations.
One of the primary advantages to incorporating a company in Delaware however, and the likely reason the Duchess of Sussex chose the state, is that Delaware does not require you to publicly disclose the names of the corporation’s directors or shareholders.
Delaware limited liability companies are formed by filing a Certificate of Formation with the Delaware Secretary of State. Whilst the entire filing process can take 4-6 weeks, Turner Little use expedited options available within the fee charged, cutting the processing time to just one business day.
At Turner Little, we incorporate companies in all states of America, so we know that Company and Tax Law varies state by state, as does the time it takes to incorporate.