Flipping Up to the US from Australia: A Comprehensive Guide

Redomiciliation & Business Flipups
Biztech-Lawyers-Anthony-Bekker-Founder

In recent years, there has been a growing trend among Australian tech businesses flipping up to the United States. The reasons for this move are varied, but one thing is clear – the US is the world’s largest economy and offers a wealth of opportunities for businesses looking to expand their reach. 

From access to venture capital funding to a larger customer base, there are many advantages to setting up shop in the US. However, the decision to flip up is not one to be taken lightly, and there are many factors to consider. 

In this comprehensive guide, we’ll take a closer look at why Aussie tech businesses are making the move to the US, what the process entails, and what you need to know to make the transition as smooth as possible. 

So, whether you’re a startup looking to scale up or an established business ready to explore new opportunities, read on to discover everything you need to know about flipping up to the US.

Advantages of flipping up to the US

Flipping up to the US offers a number of advantages for Aussie tech businesses. One of the primary advantages is access to venture capital funding. The US is home to the largest venture capital ecosystem in the world, which means that there is a larger pool of investors who are willing to take risks on early-stage startups. This can be especially valuable for tech businesses that are looking to scale up quickly.

Another advantage of flipping up to the US is the larger customer base. With a population of over 331 million people, the US market is significantly larger than Australia’s population of just over 25 million. This means that there is a greater potential customer base for tech businesses looking to scale up. Additionally, the US market is more diverse than Australia’s, which means that there are more opportunities to reach niche markets.

Redomiciling or flipping up to the US also offers access to a more developed and mature technology ecosystem. There are more established tech companies in the US, which means that there are more opportunities for collaboration and partnerships. This can be invaluable for startups that are looking to grow and expand their reach.

Challenges of a Flip Up to the US

While there are many advantages to a flip up to the US, there are also a number of challenges that businesses need to consider. One of the primary challenges is the cost of relocating. Moving to the US can be expensive, and businesses need to factor in the cost of visas, office space, and living expenses.

Another challenge is the cultural differences between Australia and the US. While both countries speak English, there are significant cultural differences that can impact business operations. Businesses need to be aware of these differences and be prepared to adapt their operations accordingly.

Finally, there are legal and tax considerations that businesses need to take into account. The US legal system is complex, and businesses need to ensure that they are compliant with all relevant regulations. Additionally, the US tax system is different from Australia’s, and businesses need to ensure that they are paying the correct amount of tax.

Legal and tax considerations when flipping up to the US

A flip up to the US involves a number of legal and tax considerations that businesses need to take into account. One of the primary considerations is the type of business entity that the business will operate as. There are several options available, including a C corporation, an S corporation, a limited liability company (LLC), and a partnership. Each option has its own advantages and disadvantages, and businesses need to choose the option that best suits their needs.

Another consideration is the tax implications of a redomicile or flip up to the US. The US tax system is different from Australia’s, and businesses need to ensure that they are paying the correct amount of tax. Additionally, there are a number of tax incentives available for businesses that are relocating to the US, including the foreign-derived intangible income (FDII) deduction and the global intangible low-taxed income (GILTI) deduction.

Finally, businesses need to ensure that they are compliant with all relevant regulations. The US legal system is complex, and businesses need to ensure that they are following all relevant laws and regulations. This can include registering for state and federal taxes, obtaining the necessary permits and licenses, and complying with employment laws.

Steps to flipping up to the US

A flip up to the US encompasses various critical steps that businesses must undertake, making the assistance of Biztech Lawyers indispensable. The initial vital step involves choosing the ideal business entity, considering factors like business size, industry, and goals. Working hand-in-hand, our lawyers in Australia and the US ensures expert guidance throughout this decision-making process.

The steps that follow require vast expertise over various practice areas. Biztech Lawyers are composed of experts that can advise on every aspect of a flip up – from employment and immigration to intellectual property assignment and licensing to corporate reorganization and mergers. We can help you navigate all these considerations, ensuring you make informed decisions.

Lastly, strict compliance with relevant regulations is imperative. Our experienced lawyers guide businesses through registrations, obtaining essential permits and licenses, and ensuring adherence to employment laws. Our comprehensive knowledge minimizes the risk of non-compliance and sets businesses on a path to success in the US.

Throughout the flip up process, Biztech Lawyers’ exceptional legal services, supported by our transnational team of lawyers, play an essential role, ensuring businesses receive the expert assistance necessary to navigate the complexities and maximize their prospects of a seamless transition to the US market.

Success stories of Aussie tech businesses that flipped up to the US

There are a number of successful Aussie tech businesses that have flipped up to the US. One example is Atlassian, a software company that was founded in Sydney in 2002. In 2015, the company went public on the NASDAQ, and today it has a market capitalization of over $50 billion.

Another example is Canva, a graphic design platform that was founded in Sydney in 2012. The company has since expanded to the US and has raised over $300 million in funding.

Finally, there is SafetyCulture, a workplace safety software company that was founded in Townsville in 2004. The company has since expanded to the US and has raised over $100 million in funding.

Future prospects for Aussie tech businesses in the US

The future prospects for Aussie tech businesses in the US are bright. With access to a larger customer base, a more developed technology ecosystem, and a wealth of venture capital funding, there are many opportunities for businesses that are looking to expand their reach.

Additionally, the US government is committed to supporting small businesses, and there are a number of resources available for businesses that are relocating to the US. This includes loans, grants, and counseling services.

Finally, the US and Australia have a strong economic relationship, and there are many opportunities for collaboration and partnerships between the two countries. This can be invaluable for businesses that are looking to grow and expand their operations.

Conclusion

Flipping up to the US offers many advantages for Aussie tech businesses, including access to venture capital funding, a larger customer base, and a more developed technology ecosystem. However, there are also a number of challenges that businesses need to consider, including the cost of relocating, cultural differences, and legal and tax considerations.

To make the transition as smooth as possible, businesses need to ensure that they are compliant with all relevant regulations, seek the assistance of resources such as immigration lawyers and tax accountants, and take advantage of the many government resources that are available.

Overall, the future prospects for Aussie tech businesses in the US are bright, and there are many opportunities for businesses that are looking to expand their reach and grow their operations.

Need help with your flip up to the US? 

Biztech Lawyers is an agile law firm comprising technology lawyers who regularly facilitate cross-border transactions. Our teams are based in Australia, the UK and the USA and work hand-in-hand to ensure a quick flip-up for your business. 

In need of support for your global expansion plans? Biztech Lawyers is a multi-award-winning law firm, known for fuelling and protecting tech innovation worldwide. Get in touch now to see how we can help.

Book a Free
Legal Strategy Session

Share on LinkedIn
Share on Facebook
Biztech-Lawyers-Anthony-Bekker-Founder
Anthony Bekker
Founder | Managing Director - APAC
Anthony Bekker founded Biztech Lawyers after leading both legal and operations at e-commerce marketing unicorn Rokt - helping grow it 10x from Sydney, to Singapore, the US and then Europe.

Anthony loves helping technology companies realise their global ambitions and solve their most complex problems; bringing a practical and highly commercial approach to legal matters. That approach is born of a breadth of experience helping hundreds of startups and scaleups, stints in strategy consulting and banking as well as an INSEAD MBA. Anthony began his career at Mallesons Stephen Jaques and became dual-qualified in the UK while undertaking in-house stints at BT the OFT.

Anthony is Biztech Lawyers’ Managing Director for APAC. As a tech-centric law firm we use an array of legal technology to make legal processes more efficient, allowing clients to grow as painlessly as possible. Our global offerings are also an opportunity to propel the world’s most innovative companies to reach international markets. We’re your growth partners.
While Biztech Lawyers has used reasonable care and skill in compiling the content of this article. we make no warranty as to its accuracy or completeness. This article is only intended to provide a general guide to the subject matter and not intended to be specific to the reader’s circumstances. This article is not intended to be comprehensive, and it does not constitute and must not be relied on as legal advice and does not create a client-solicitor relationship between any user or reader and Biztech Lawyers. We accept no responsibility for any loss which may arise from reliance on the information contained in the article. You should undertake your own research and to seek professional advice before making any decisions or relying on the information provided.

Subscribe to our newsletter

Subscribe to our newsletter

* indicates required

We use Mailchimp as our marketing platform. By clicking below to subscribe, you acknowledge that your information will be transferred to Mailchimp for processing. Learn more about Mailchimp's privacy practices.