Incorporating in Hong Kong from the US remains one of the most practical ways for founders to expand into Asia. The city offers low tax rates, free capital flow, and access to regional investors, all within a business-friendly, common-law environment. Recent reforms have only strengthened its appeal, particularly in sectors such as green finance, digital assets, and private wealth.

However, setting up a Hong Kong company from the U.S. introduces a second layer of complexity: compliance. U.S. tax laws do not go away simply because your company is offshore. In fact, they become more involved.

This guide walks through the whole process: incorporation, banking, cross-border tax reporting, and how to align your structure with new Hong Kong policy incentives.

Why Incorporating in Hong Kong from the US Still Makes Strategic Sense

Hong Kong remains one of the most practical jurisdictions in Asia for U.S. founders. Its legal system is rooted in common law, the tax regime is territorial and straightforward, and capital flows are unrestricted. The city allows full foreign ownership, and companies can be formed quickly with no requirement for a local director.

In 2025, several policy changes have strengthened Hong Kong’s position further:

• A 0% tax treatment for offshore crypto fund gains
• A revised tax regime for single-family offices
• A capital investment visa pathway for high-net-worth individuals
• Expanded tax deductions and grants for green and sustainable finance ventures

These advantages are particularly relevant to U.S. companies in sectors where policy and commercial access intersect. Hong Kong is not only a holding company destination. It is positioning itself as a growth platform across key industries.

If your company is active in any of these areas, or plans to be, incorporating in Hong Kong offers more than administrative convenience. It can unlock access to targeted incentives, investor channels, and long-term positioning in the region.

Key Setup Requirements for US Founders

Most filings can be completed online. A company can be incorporated in under a week if the necessary documentation is prepared in advance.

Also Read: The Different Types of Business Entities in Hong Kong

Required Steps (Handled by Your Service Provider)

Once you confirm your intent to incorporate, your service provider will manage the entire process from end to end. Here’s what typically happens:

Company name search
The provider checks name availability using Hong Kong’s e-Registry and reserves the approved name.

Document preparation
You provide basic documents such as a passport copy, proof of address, and shareholding structure. The provider prepares Form NNC1, Articles of Association, and KYC declarations.

Appointment of company secretary
A licensed TCSP is appointed to act as your official company secretary. This is a legal requirement in Hong Kong.

Submission to e-Registry
The provider files your incorporation documents and pays the business registration and incorporation fees.

Issuance of incorporation documents
Within 1 to 5 working days, you will receive your Certificate of Incorporation and Business Registration Certificate in digital format.

Establishment of statutory registers
The Significant Controllers Register is created and maintained at the registered office.

Post-incorporation support
Additional services such as bank account assistance, accounting, and reminders for annual filings are typically included or offered as add-ons.

InCorp offers end-to-end assistance with Incorporation, Company Secretarial services, and ongoing Compliance to ensure your setup is complete and future-proof from day one.

US Tax Obligations for a Hong Kong Company

Forming a Hong Kong entity does not reduce your U.S. tax obligations. Several reporting rules apply if you control or have a significant interest in a foreign company.

Form 5471
Required if you own or control at least 10% of a foreign corporation. Filed with your annual U.S. tax return.
→ IRS Form 5471 Instructions

FBAR (FinCEN Report 114)
Required if foreign account balances exceed US$10,000 at any time during the year.
→ FinCEN FBAR Filing Requirements

FATCA (Form 8938)
Applies to U.S. individuals holding foreign assets above specific thresholds.
→ IRS FATCA – Form 8938

BOI Reporting (Corporate Transparency Act)
As of 2024, most U.S. and foreign entities registered to do business in the United States must report their beneficial owners to FinCEN.
→ FinCEN Beneficial Ownership Information Reporting

GILTI / Subpart F
Applies to undistributed foreign earnings. Can trigger U.S. tax on Hong Kong profits.
→ IRS GILTI Q&A

InCorp’s qualified tax advisory team works closely with its accounting and tax service line to help founders structure entities that remain efficient, transparent, and fully compliant with both U.S. and Hong Kong reporting requirements.

Opening a Bank Account: Set Expectations

Banking is often the most challenging part for U.S.-linked companies.

Due to FATCA and enhanced due diligence, banks in Hong Kong typically require:

• Certified incorporation documents
• Passports and proof of address for all directors and shareholders
• Ownership chart linking the entity to the U.S. parent
• FATCA Form W-9
• A brief business plan or explanation of commercial activity

Approval can take 4 to 6 weeks. Some founders begin with a fintech EMI (e.g., Aspire, Airwallex) while waiting for a traditional bank account to be approved. Our services are available to simplify onboarding and streamline financial operations as your business scales.

Timeline: A Sample Scenario

Case: A U.S.-based SaaS company sets up a wholly owned Hong Kong subsidiary to serve clients in Asia and collect revenue in HKD.

Where To Next?

Incorporating in Hong Kong from the US can be an efficient and strategically beneficial move, especially for founders and investors in the tech, finance, or asset management sectors.

However, success depends on more than just a fast setup. It requires alignment between your operating goals and your tax, legal, and compliance structure.

If you are exploring Hong Kong as part of your international footprint, InCorp can help you get it right from the U.S. side. Our team supports everything from Incorporation and Secretarial Services to Tax Advisory, Business Licensing, Accounting, Payroll, and even ESG Advisory for forward-looking ventures.

Let’s talk through your next move.