Can a Foreign Owner of a US LLC pay ZERO US Tax?

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  • Опубликовано: 31 янв 2021
  • Get personalized advice about tax, asset protection, offshore banking, residency, and citizenships:
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    What Are The Taxes For A Non-Resident Owner Of A US LLC? If a Foreigner owns an American Company do they need to Pay ANY Taxes in the US?
    These are actually very common questions I get asked a lot. Even lawyers and accountants ask me whether Non-Americans need to pay US taxes when they open an American company. Is this something you should be worried about? How complicated this topic is? Today I'm going to answer all the possible questions you can have regarding this matter. Also, I'm going to point out some principles that can be used in other structures as well, so even if you're an American you could benefit from them.
    If you want to save on TAXES you're in the right place!
    In the US there is a variety of different companies, the most important two are the US LLC & C Corp
    C Corp will always be taxable in the US, so if you're a foreigner you're better off forming an LLC company. If you own a single-member LLC in the US it is considered a disregarded entity, meaning that it doesn't exist for tax purposes. This is similar to being a sole trader or a sole proprietor.
    Let's give an example. Let's say that I'm a dropshipper who is selling products all over the world. I'm based in Cyprus, and business is done completely online. If I set up a C Corp in the US it is very clear that the company will be taxable. But what if I have a US LLC? Will that company be taxable in my case? In order to be taxed in this case, I'd need to have a permanent establishment in the US. MY US LLC wouldn't be considered a permanent establishment. In my case, there is also a tax treaty between US and Cyprus. All this means that I am not liable to US taxes for my LLC.
    But what if there's no tax treaty between the US and your country of residence? Are you liable to pay taxes in the US? Short answer - you don't have to be!
    We'll need to dive into some definitions here, what we call ''effectively connected income'' and ''US trade or business''.
    If you don't have people in the US - employees or full-time contractors, sometimes referred to as a dependent agent, you SHOULD NOT be taxable in the US.
    Who are we and what do we do?
    We are Offshore Citizen team. We help people become global: get a second passport, set up a second residency, pay less taxes, do banking abroad, etc.
    We have lots of interesting articles on different topics, we have relevant information up to date.
    Author: Michael Rosmer
    Feel free to join our community!
    Don’t forget to subscribe to our channel
    / @offshorecitizen

Комментарии • 328

  • @MisterPotter
    @MisterPotter 2 года назад +7

    The most helpful video I have seen on taxes online. Too many people nowadays who knows nothing trying to give you advice but first asking you to book a coaching call! THANK YOU!

  • @crossroads670
    @crossroads670 3 года назад +5

    Your channel has much better info than others who are very vague! I was wondering about US LLC and UAE. The transparency is appreciated and I will definitely come to you in future if i need further professional advice.

  • @marionovoa3846
    @marionovoa3846 Год назад +2

    wow! no pish posh, straight to the point and actually valuable information. You just gain a new subscriber sir!

  • @thegrantkennedy
    @thegrantkennedy 3 года назад +49

    You make great content that actually delivers value. Certain other... offshore nomads... while entertaining do not provide the same actionable info that you do. Keep it up!

    • @MichaelRosmer
      @MichaelRosmer 3 года назад +4

      Thanks! Any specific content you'd like to see?

    • @extendo7137
      @extendo7137 2 года назад +2

      What if I store money in US bank that I earned doing business in US (yes I am non US resident and own LLC) , am I still taxable?

    • @ranevc
      @ranevc 2 года назад +1

      @@extendo7137 Very goo question. Is he going to answer it?

    • @TkSebastian
      @TkSebastian Год назад

      @@extendo7137 money earned in US is taxable , where ever u keep it .

    • @user-tk1ti1wx8e
      @user-tk1ti1wx8e 4 месяца назад

      Hi! Which is the American ssn equivalent in Portugal?
      Cheers

  • @julianrubioblanco4460
    @julianrubioblanco4460 2 года назад +11

    Great video Michael!!
    Let’s say for a company that sells services instead of goods but gets its clients from abroad. How are the taxes different in the case of this company being owned by a US citizen vs a non-resident is the money made comes from clients in other countries in the European Union for example.

  • @zarqjamal8162
    @zarqjamal8162 2 года назад +2

    Hey man.. great content and what luck.. i am in the process of thinking of opening a US LLC n was worried about the US tax on non-US citizen LLC. keep it up man

    • @OffshoreCitizen
      @OffshoreCitizen  2 года назад

      Always happy to be of service!
      Anything you'd like to see next?

  • @joediangelo5265
    @joediangelo5265 3 года назад +1

    This is a sweet channel. Easy to listen too

    • @OffshoreCitizen
      @OffshoreCitizen  3 года назад

      Thank you, Joe! Appreciate the support.
      Anything you'd like to see?

  • @FlowerPowerNZ
    @FlowerPowerNZ 2 года назад

    Thanks very much, Michael. You are explaining things which others are not.

    • @OffshoreCitizen
      @OffshoreCitizen  2 года назад +1

      Our pleasure!
      Anything you'd like to see next?

  • @gymletcoper
    @gymletcoper 2 года назад +1

    You explained it very well, thanks.

  • @thefollow-upfunnelguy
    @thefollow-upfunnelguy Год назад

    Great break down man... 👍🏾

  • @Gabistruwwelliese
    @Gabistruwwelliese 2 года назад +2

    This is freaking amazing. Thanks

    • @OffshoreCitizen
      @OffshoreCitizen  2 года назад +1

      Always our pleasure 😄
      Anything you'd like to see next?

    • @extendo7137
      @extendo7137 2 года назад +1

      @@OffshoreCitizen What if I store money in US bank that I earned doing business in US (yes I am non US resident and own LLC) , am I still taxable?

    • @MichaelRosmer
      @MichaelRosmer 2 года назад

      @@extendo7137 depends on the substance behind it and rules in your home country. If you want to go through the details the best option is to book a call as specifics really matter here

  • @italmau
    @italmau Год назад +6

    Hello, I have a specific question, hopefully you could help me. Most people recommend LLCs to operate a business in US as a non resident, however, I am a Canadian resident would that be the same case or would I be better off with a Corporation, tax wise. Appreciate the help

  • @hopingforaces
    @hopingforaces 3 года назад +5

    Great video! Does residency in Panama get treated different than other countries for this, or are they treated same as another no tax treaty country like UAE? I ask because I heard something about Panama companies being treated as US for tax purposes, not sure details, maybe you could do video on that.

    • @MichaelRosmer
      @MichaelRosmer 3 года назад +2

      A Panama company won't be treated as a US company for tax purposes but this doesn't mean it won't be taxable. There are multiple ways by which a company could be taxable in the US so you need to ensure you avoid all the pitfalls.

  • @jonathanbartsch2938
    @jonathanbartsch2938 Год назад

    Terrific content as expected, great job. Would you kindly consider the topic of the infinite banking concept or be your own banker using a trust and whole life insurance, and using a holding company to oversee LLCs for various investment and business operations in addition to accessing business lines of credit. This would be a terrific topic that i know many are keen to use your services to implement.. 😊

    • @skoutman8507
      @skoutman8507 11 месяцев назад

      Hey did you get an answer I just read Nelson Nash book

    • @jonathanbartsch2938
      @jonathanbartsch2938 11 месяцев назад +1

      @skoutman8507 No, not yet.

    • @skoutman8507
      @skoutman8507 10 месяцев назад

      @@jonathanbartsch2938 are you a practitioner of the IBC

  • @DanielPradoBurgos
    @DanielPradoBurgos 3 месяца назад

    The territorial taxing system in Costa Rica is pretty strange because it's true what you said, but also what every accountant tells us is that since there's no customer to register for the invoice, that income is not taxable. Even, there's an income tax exemption given to costarricans that work for a local company that only exports software services to companies outside of our land. I know because Ministerio de Hacienda gave my last company that tax exemption for us, so we still needed to report out income in a monthly basis but it wasn't taxable so we payed zero at the end of year (for that income specifically)

  • @RandomPerson-ky9et
    @RandomPerson-ky9et 3 года назад +8

    Hello Michale, could you make a new video on the new law in UAE in which they are granting citizenship to investors and scientists.

    • @MichaelRosmer
      @MichaelRosmer 3 года назад

      Definitely will do in the next couple days.

    • @pak74x
      @pak74x 3 года назад +3

      @@MichaelRosmer do you know anything about the Al Hamra (RAK/UAE) offer of 12 years of free resident visa and business license for buyers of property in their project? Prices start from $80k and 20%×5 years payment plan is available btw.

    • @MichaelRosmer
      @MichaelRosmer 3 года назад +2

      @@pak74x yes, what about it? There are a few offers for years of free visas being included but note this is just the visa renewal costs, which aren't very substantial and you still need to renew they just don't charge you that portion of the fee when you do.

  • @worldwideadvisory
    @worldwideadvisory 2 года назад +1

    Whats everyones thoughts on the USA not being a signatory for the Common Reporting Standard (CRS)?

  • @compratops9635
    @compratops9635 3 года назад +5

    Your videos are gold! Congratulations!
    Btw, what about Georgia ? They have territorial tax, but is it on operations?
    In other words, being a resident in Georgia and having an LLC in USA without any operations or employees in USA, I think there would not be any taxes not in USA and neither in Georgia right?
    Thanks!

    • @MichaelRosmer
      @MichaelRosmer 3 года назад +2

      Thanks! It really depends on the nature of the operations and business. But potentially you could be able to avoid tax that way.

    • @unternehmensrechtaktuell2596
      @unternehmensrechtaktuell2596 Год назад

      With Panama, Costa Rica and Paraguay this would work. In Georgia things are a bit more complicated, there are several exemptions from the territorial tax regime.

  • @ijc-90
    @ijc-90 2 года назад

    Hi OC
    I'm not able to find the answer to the following. Oversimplifying...
    As I understand, selling a service or products (without being on the us) doesn't pay taxes on the uses.
    Earning passive income from renting a house or any other real estate does pay taxes.
    If you do both, do you pay taxes ONLY on the passive real estate income? or does your whole situation change and you are taxable on your full income?
    Same question with any other investment like stocks or bonds.

  • @mauriciomobarak3998
    @mauriciomobarak3998 2 года назад

    Thank you for your interesting video and information Michael. If a person open an LLC as SMLLC-NRA(foreigner from Mexico),the resultant profit of the LLC(revenue from abroad less expenses and costs from abroad) can be transfered from the US BAnk of the LLC to the Mexico Bank of the individual owner?. 2nd q-If the LLC pays virtual office rent in NY that makes the LLC taxable in US?. 3rd one-the LLC can open a bank account and hire merchant services easily?(stripe, fiserv....). Last one-The Membership services and online training services would be classified as royalties? in such a case the LLC will be taxable or the NRA?. Thank´s in advance....

  • @LeandroLiptak
    @LeandroLiptak 3 года назад +1

    Hi Michael, can you guide me on where to search more about the definition of "trade or business" and "effectively connected income"? Thanks a lot

    • @OffshoreCitizen
      @OffshoreCitizen  3 года назад +1

      You need to read case law to get into that but before you do that or while you are doing so pay attention to the most important part that most people miss which is the definition of "in the US"

    • @jay.rhoden
      @jay.rhoden 6 месяцев назад

      @@OffshoreCitizen What is important to understand about the phrase "in the US"? It seems reasonably straightforward to me, so now I wonder what I don't know.

  • @sumitdadhich5853
    @sumitdadhich5853 2 года назад +1

    Keep rocking bro

  • @quantumchad
    @quantumchad 10 месяцев назад

    What is confusing to me is how the income is taxed in the country where the operations are located.
    I imagine one cannot simply open a sole owner US LLC while being resident in the EU, operate it from within the EU, and simply declare the income from the LLC as personal income in their home country. The income does not constitute dividends either. And there probably is a permanent establishment in the country where operations are taking place.
    Is it required to set up a corporate structure in the country where operations are located? Otherwise, how is the US LLC income generally taxed in the other country since it is neither dividends nor a salary?

  • @dsalasf1
    @dsalasf1 3 месяца назад

    Hi, thanks for the helpful video. It’s clear that LLCs with no dependent agents in the US shouldn’t be subject to taxes. But let’s say I sell products through Amazon FBA in the US. This products are manufactured by a factory found in Alibaba. Then I send those products to Amazon USA. Wouldn’t this be considered ETBUS?

  • @MrLefttoe
    @MrLefttoe Год назад +1

    Hi. My question is this. I have a USA LLC Tax ID number on a property in Mexico. Will I have to pay capital gains tax to Mexico when I sell the property?

  • @aydinyasar8910
    @aydinyasar8910 2 года назад

    Hi Michael,
    Say I'm an Ireland company doing consultancy business in EU and all my employees, operations and customers are all in EU; yet I open-up a US LLC to invoice them and get payments to my US company account; what would be the condition?
    * If I'm in a tax-free state like Wyoming, I have no state tax right? (Except franchise tax or any similar fees)
    * How about federa witholding or income taxes that typically applies to non-residents as 30%?
    Thanks

  • @KarimJdabbas
    @KarimJdabbas 2 года назад

    Well, even though English is not my first language, but your explanation is perfect. Thumbs up.

    • @OffshoreCitizen
      @OffshoreCitizen  2 года назад

      Thank you, Abdel!
      Anything you'd like to see next?

    • @KarimJdabbas
      @KarimJdabbas 2 года назад

      @@OffshoreCitizen actually if you can clarify this statement : LLC Owned by an alien- non resident is taxable when Selling physical products if the shipping point is from the US.

  • @TEXLIFE
    @TEXLIFE 4 месяца назад

    Hey Yes the IRS can disregard the entity because it has jurisdiction over it. But how can home country disregard the LLC as it has no jurasdiction over the LLC?

  • @newworldmoney8926
    @newworldmoney8926 2 года назад +1

    Great information here..

  • @prinklejain5557
    @prinklejain5557 Год назад +3

    Thank you for sharing the relevant content! We have a similar case where a resident from India owns the US LLC which has been considered as disregarded entity. He has got registered address for the purpose of documents but is operating a drop shipping business. India has a tax treated with US. So two questions here:
    1. Will that registered office address be deemed a permanent establishment?
    2. If not, then will the Non-resident alien be end up paying no tax in US by way of treaty protection?

    • @sharjeelsiddiqui1470
      @sharjeelsiddiqui1470 Год назад

      Yes Let us know I am in same satutaion Based in Pakistan

    • @ytemre
      @ytemre Год назад

      I am in same stiuation as well. Could you led us know if you have find out

  • @RomilCPatel
    @RomilCPatel Год назад

    Key thing I would say here is to not have a naked LLC as it could get taxed in the country of management and control. Always put the LLC under something like a UAE free zone company.

  • @ndemir07
    @ndemir07 Год назад

    Thank you for the great, informative video!
    My question is:
    In the case of a French citizen (foreigner) forming LLC in US, and providing wine-tours in France to Americans, if the LLC has one employee in US for marketing and customer support, would the company paying all its taxes in US, or would the owner be still liable for taxes in France? Thanks!

    • @Marco-yj2tl
      @Marco-yj2tl 11 месяцев назад +1

      I am not an accountant, but why would you have someone as customer support in the Us, when you can get at least the same work quality by getting a VA in the Philippines for 1/10 of the salary?

  • @frenchtelemarketer
    @frenchtelemarketer 25 дней назад +1

    Thank you very much.

    • @OffshoreCitizen
      @OffshoreCitizen  24 дня назад +1

      Always happy to be of service! Feel free to reach out in case you need any help with setting up an LLC

  • @CarlosSilva-rj7ww
    @CarlosSilva-rj7ww Год назад +1

    I was recently watching one of your videos about LLC tax, I work as a freelancer for different countries. It so happened that I was invited by an American company to provide my services to them. This company will only give me work if it has a company open in the United States. So I thought about opening an LLC, I forgot to mention at the beginning of the text that I am not a resident of the United States, I am a resident of Europe. My question if you don't mind answering is whether I will be subject to US tax. I am a single person with no facilities in the United States, I will work remotely from my country where I will pay my taxes on any profits I make. Thanks!
    Ps: I forget to say that my field is architectural and engineering consulting.

    • @H80989
      @H80989 Год назад +1

      Did you find out a answer i cannot find it anywhere

  • @rajiv_kohli
    @rajiv_kohli 11 месяцев назад

    Great work

  • @virgiliomontoya5443
    @virgiliomontoya5443 3 месяца назад

    Very good video, I only missed one part of the theory which makes reference to a Foreing LLC's owners who has U.S personal accounts to receive payments from the LLC during the year. In that case, the owner will pay taxes based on those incomes into my personal U.S banking account? Thanks

  • @cariboucreek9630
    @cariboucreek9630 Год назад +2

    Great content Michael .
    I'm still a bit confused on what makes the link between a foreign disregarded LLC on the income part when it comes to US income.
    Let's say I'm an EU foreigner sitting in PT on an NHR status, and tomorrow i open a foreign sole owner LLC in Delaware and have only 1 client in the USA that is paying me for consultancy and contract remote sales work there.
    Would that be considered disregarded for taxation or income that is connected to a US trade and hence needed to be taxed differently than what is suggested here?
    if you could clarify that it would be great.

    • @OffshoreCitizen
      @OffshoreCitizen  Год назад +1

      It's disregarded for US tax purposes by merit of being single member and not elected to be treated otherwise.
      The question therefore is whether the member has any effectively connected income with US trade or business. In most cases if there's nothing taking place in the US it won't but it depends on the type of income.

  • @msameereng
    @msameereng 2 года назад

    If i am a NRA with a delaware LLC and residing in a non tax treaty country, say UAE for example. Will my income be subjected to 30% witholding tax? My clients are in the US and i am selling design services. Would appreciate it you could clarify on the witholding tax.

  • @moweda
    @moweda Год назад

    Hello, I established my foreign-owned disregarded entity in July 2022, should I file form 5472 now in 2022 or wait until 2022 ends then file it between jan and april 2023 for the previous year??

  • @aaronwhite819
    @aaronwhite819 3 года назад

    Hello,
    I am a non resident and I received an EIN number. Do I need to have 147 verification letter or is it enough to have only CP 575 G letter? I only have CP 575 G, am I good to go or should I apply for verification letter 147? Thanks

  • @emailevaluation6626
    @emailevaluation6626 3 года назад +4

    Hi Michael,
    thanks for your videos and all the information. One questions really makes me headaches and I can't put it together watching your other videos regarding this matter. What if the single LLC member is a foreign company? Still a disregarded entity? If the LLC has US broker account, are the dividends considered dividends by the owned public stocks or dividends by the LLC at the foreign company and particpation exemption applies?

    • @MichaelRosmer
      @MichaelRosmer 3 года назад +2

      Thanks!
      Yes, if a single member LLC is owned by a company it is essentially the same as if it is in individual.
      If there are dividends paid it is as though those are paid to the member so subject to the same withholding as if the member owned the shares directly.

    • @Timithos
      @Timithos 3 года назад +1

      @@MichaelRosmer A foreigner is subject to withholding tax on dividends through a U.S. brokerage? What is the U.S. tax scale for dividend withholding? The same a personal income tax brackets?

    • @MichaelRosmer
      @MichaelRosmer 3 года назад +2

      @@Timithos yes absolutely, dividends, interest, royalties and sometimes a couple other categories of income not to mention capital gains from the sale of real property are subject to withholding.
      Withholding isn't at regular tax rates unless you're talking bout K1 partnership income. Otherwise withholding rates are fixed then reduced under the tax treaty so for dividends the base rate is 30% then under a tax treaty tends to be reduced to 5%-15% depending on the treaty

    • @extendo7137
      @extendo7137 2 года назад

      What if I store money in US bank that I earned doing business in US (yes I am non US resident and own LLC) , am I still taxable?

  • @delaodino
    @delaodino 2 года назад

    How would this apply in the context of Amazon FBA? Or freight forwarder contractors? Would operations be considered as "in the US" or part of third party services?

    • @OffshoreCitizen
      @OffshoreCitizen  2 года назад +1

      If fulfilment is third party by an independent agent it is not their business in the US

  • @alfredo7476
    @alfredo7476 2 года назад

    I find this very confusing, according to you a foreign LLC doing sales in the US may not be taxed federal taxes provided there is no dependant agent and other objective variables even if income does come from the US? if it's true its really crazy

  • @durdanasaleem4201
    @durdanasaleem4201 2 года назад

    Really great video. A quick question, I don't need to pay taxes. But do I need to file tax return forms. I have seen this in some videos, they say we still need to file few forms. Even if we are non USA .resident

    • @muhammaddfaheem4566
      @muhammaddfaheem4566 2 года назад

      Yes according to IRS instructions filing is must otherwise IRS gives you penalty NOTICE.

  • @rodolfom5356
    @rodolfom5356 2 года назад +1

    amazon FBA with an LLC owned by a non us resident is taxable in usa?

  • @monicam9461
    @monicam9461 Год назад +5

    Hi! thank you very much for the great explanation. I have a question: I am Spanish ( non - US resident with no office or employees ) and have the intention to run a conventional Wyoming LLC ( a "Disregarded" company by default). The business is about online consulting on business and technology ( for example, creating websites).I have asked some lawyers and public accredited accounts and, some of them have confirmed that I must only file 5472 and 1120, and other ones have confirmed that I must only file 1040R, as it is a disregarded company. Could you please let me know your feedback about it?
    In case I must file 1040R, how would I be taxed on my income? ( I was told either 21% on my income or between 10% - 37%). Thanks in advance :)

    • @gavnonadoroge3092
      @gavnonadoroge3092 Год назад

      Monica M , did you get the answer to your questions?

  • @pak74x
    @pak74x 3 года назад

    Is ownership in single owner US LLC liable for US estate tax (foreign owner of US company)?

  • @emlep221
    @emlep221 Год назад

    If I am tax resident in a territorial tax country with no taxt treaty with US and I have stocks portfolio in US brokers, is there a legal way/structure to avoid paying the 30% withholding US taxes on dividends?

  • @natashashillingford916
    @natashashillingford916 9 месяцев назад

    Thank you so much for the clear explaination! Just wondering since I will not be paying US taxes on my Llc and I live in the UK would I then need to register the Llc straigh away in the UK aswell?

    • @OffshoreCitizen
      @OffshoreCitizen  9 месяцев назад

      The UK's treatment towards LLCs is a bit different. Probably best to reach out via our website or book a call with Michael

  • @alexbosTV
    @alexbosTV 3 года назад

    what's in your opinion a better jurisdiction for an online business (selling courses & consulting), US LLC or UK LLP? for someone who is a resident of a country with non-zero personal income tax?

    • @muhammaddfaheem4566
      @muhammaddfaheem4566 2 года назад

      If you are non US citizen then US LLC is good for you.
      Because single member LLC is disregarded entity for foreigners.

  • @ASMRSLK
    @ASMRSLK Год назад

    What about one partner of the LLC is in US and the other partner9Inverstor) is oversea (Italy) ? We have trucks and we do last mile delivery.

  • @KPGuitarStudios
    @KPGuitarStudios Год назад +1

    Got my call booked! Too bad the Canadian dollar sucks so bad, it was trading at $0.70 to the USD according to PayPal.... oh well, totally worth it! Best content on the internet, can't wait to chat about options

    • @OffshoreCitizen
      @OffshoreCitizen  Год назад +1

      Looking forward to connecting with you, Kevin.
      Thanks for supporting our content!

    • @KPGuitarStudios
      @KPGuitarStudios Год назад

      @@OffshoreCitizen Is a background email generally helpful? Looking for the best options to leave Canada and prepare an exit so short term tax strategy, leading into future strategy, businesses, locations etc. I'm dual citizen with EU, gf is just Canadian but also has a Status card so there's lots going on. Should be fun!

    • @OffshoreCitizen
      @OffshoreCitizen  Год назад

      You can send one but it's not necessary, we'll discuss it on the call regardless

  • @miguelmileo-usa
    @miguelmileo-usa 3 года назад +1

    Great piece of content. It is the same treatment for SMLLC and MMLLC? Could my clients file just a 1065? Obviously foreign owned MMLLC

    • @muhammaddfaheem4566
      @muhammaddfaheem4566 2 года назад

      Yes for multi member LLC you need to file 1065 form and for single member LLC you need to file 1120 and 5472 form.

  • @ikevin4242
    @ikevin4242 Год назад

    If I form a Wyoming LLC to monetize RUclips (and AdSense payments), and assuming the production is done outside the US and contents has almost nothing to do with the US, would I be liable for US taxes?

  • @shakedpersi3332
    @shakedpersi3332 Год назад

    Great video! Thank you!
    If I have an llc in US, and it is doing business in US (employees and inventory in US) what is the tax rate that applies? Does the llc have to file tax returns or the foreign entity?
    Hope you can help with that!

    • @OffshoreCitizen
      @OffshoreCitizen  Год назад

      Depends on the ownership structure and elections

  • @MichaelBG
    @MichaelBG 2 года назад

    Ok so I would fall pretty much in your example, except I live in Canada not Cyprus. I have an LLC diregarded entity and no permanent establishment in the US so not taxable. Now what forms do I still need to fill at year end to be compliant with the IRS?

  • @martimmart6185
    @martimmart6185 3 года назад

    Hi Michael
    What's happening to the other part of the equation tho?
    If the holder is a European country citizen for example Italian. How is this person get paid?
    Are the profits considered as earnings and are subject to local tax? Or can the person get paid by dividends and pay dividend taxes?

    • @MichaelRosmer
      @MichaelRosmer 3 года назад +1

      Good question the answer is it depends by the country. In Australia for instance it is treated as partnership income and in Canada you get distributions as dividends.
      This is why you've got to do careful tax planning and can't just try to apply one size fits all

  • @omry77
    @omry77 Год назад

    Regardless of the corporate tax question:
    If such an LLC owned by a foreign non-US person pays dividends to the share holders, wouldn't there be a requirement to withhold 30% (Or less with a tax treaty)?

    • @OffshoreCitizen
      @OffshoreCitizen  Год назад +1

      No, LLCs don't pay dividends the income of the LLC at least when it is treated as a disregarded entity is the income of the member

  • @johnecobuilder274
    @johnecobuilder274 Год назад

    For a New Mexico Llc you need a local agent. Is that considered a permanent employee?

  • @Timithos
    @Timithos 3 года назад +1

    So if I renounce U.S. citizenship, I'm now considered a foreigner to the U.S. I want the LLC in the US to access say like premium credit card payment processing, and maybe a couple other financial services that require an EIN (Employer Identification Number.) I have no personal real estate in the U.S. and I have no commercial buildings in the U.S., and no major contractors. (I assume those are American 1099 contractors.). I just have customers in the U.S. If I'm in St. Kitts, I just pay the business tax in St. Kitts, correct?

    • @OffshoreCitizen
      @OffshoreCitizen  3 года назад

      Well St. Kitts has LLCs so the income will be treated just like a St. Kitts LLC.
      Note that foreigners can have a much harder time getting US processing but yes what you're saying is basically accurate.

  • @leastrossner.english
    @leastrossner.english 2 года назад

    love it!!! would i make sense to get a LLC in Wyoming as a forex prop firm trader? I'm a german traveller

  • @orville725
    @orville725 2 года назад

    Im a foreigner and I got my single member Wyoming LLC registered Feb 2021, got my EIN April 2021 .no bank account due to covid 19 local passport delays., the company have not started operations. Is my company eligible to pay any tax in USA with zero income and do i need to file tax return? Secondly to return file tax we need EIN or ITIN ?
    Also if i wanted to add a local partner to my LLC that is resident in USA. how would my tax structure/ obligations change?

  • @basho9306
    @basho9306 4 месяца назад

    Thanks you're the best. Please answer me. If a foreigner from Jordan started an LLC for dropshipping business to sell to US customers while he was living in Jordan. Will pay a tax?

  • @maesitos
    @maesitos 2 года назад

    So collect the VAT from a LLC pass through based in CY or not ^_^

  • @pablom.ravazi6569
    @pablom.ravazi6569 3 года назад

    Does that look the same when the owner have and EIN and ITIN numbers? Do those tax IDs entitle an LLC owner of paying U.S taxes?

    • @OffshoreCitizen
      @OffshoreCitizen  3 года назад

      No they don't these numbers don't create tax obligations they don't even create filing obligations

  • @theaugustusuwi
    @theaugustusuwi 2 года назад

    really good stuff

    • @OffshoreCitizen
      @OffshoreCitizen  2 года назад

      Thanks! Always happy to be of service😄
      Anything you'd like to see next?

  • @0cardmastery
    @0cardmastery 2 года назад

    Great content with calming delivery. SO, if a Canadian (resident/citizen) opens a US LLC, he is not subjected to double taxation on the income?

    • @OffshoreCitizen
      @OffshoreCitizen  2 года назад +1

      More complex than that depends on the substance of the operations

    • @0cardmastery
      @0cardmastery Год назад

      @@OffshoreCitizen E-commerce

  • @MarcAbela
    @MarcAbela Год назад

    Hello Offshore Citizen, I am curious to know what you would say are the best "banking" options for a "Wyoming LLC" (with a non-resident single member)? Are there plenty of good banking options (for a corporate bank account), or would you say that the banking options for the corporation are somewhat few and far between...? Thanks in advance for the reply & the good quality videos.

    • @H80989
      @H80989 Год назад

      Did you find a answer ? Would you say mercury bank is good?

    • @fuckstick-eq7ol
      @fuckstick-eq7ol Год назад +1

      @@H80989 novo is okay theyre fdic insured for small biz it's CHECKING ONLY though; You get a debit card they are working on a CC though and Zelle. I used them as I am not based out of WY (LLC) but my biz is e-commerce. The plan is to (ASAP) register this as a foreign entity in my living state so my name is still anonynous (my industry I don't want ppl bugging me). Now I'm considering that and using a better bank, biting the bullet and hiring a CPA. BUT I am looking into offshore currently due to tax breaks and many other benefits. hope that helps Novo accepted me within 12 hours maybe??? NerdWallet rates them highly for 'start ups' but im getting out of that designation with our revenue being 150k this year alone.... AXOS took a MONTH and did not accept me no response or reason why this was also during the very beginning my income was low and we accept Bitcoin only.

  • @AILISHARAN
    @AILISHARAN 2 года назад

    Hello, Thank you so much this is the goldmine answer for my months and months question. I still have two more questions please: 1/ as a Foreigner let's say I have US LLC, I'm not taxable but does any sale that I make from US CITIZENS taxable? Like when I have to set taxes on shopify for example. 2/ As per as my research I'm from Madagascar and Madagascar has concluded tax treaties with Canada, France, Mauritius, and Morocco. No US; so as per as your video I'm taxable like the Americans or if there's no physical presence it's not applicable? Sorry I'm a bit confused. thanks and take care

    • @OffshoreCitizen
      @OffshoreCitizen  2 года назад

      No whether the client is a US citizen makes no difference in your tax.
      A tax treaty doesn't generally matter but it depends on the type of income.

  • @tem.pe7800
    @tem.pe7800 Год назад

    Great video michael, I have a question, i am currently a resident in spain, and i sell digital video games through a japanese online store, if i open a U.S LLC according to this video i shouldn't pay taxes in the US right? But what about in spain? since spain has an agreement with the US does that mean i should pay no income taxes here?

    • @OffshoreCitizen
      @OffshoreCitizen  Год назад

      Depends on the details but you could easily end up getting taxed in Spain on that.
      The best is to book a call and we can go over the specifics of the situation

  • @chintanthakker4129
    @chintanthakker4129 Год назад

    C Corp can pay to foreign entities in form of expenses, So its tax liability can be 0 as well.

    • @OffshoreCitizen
      @OffshoreCitizen  Год назад +1

      There are pretty low limits on this because expenses need to pass reasonableness tests and are subject to transfer pricing

  • @herbbie660
    @herbbie660 2 года назад

    Great information! Thank you very much. I will be in touch and will contact you through the site.

    • @OffshoreCitizen
      @OffshoreCitizen  2 года назад

      Thank you, Mark.
      Looking forward to connecting with you!

  • @FaisalKhan-dn4wq
    @FaisalKhan-dn4wq 3 года назад +2

    Thanks, great info ! So are you saying that if I own SMLLC and alien non resident, but resident in a country that does not have tax treaty, I need to pay tax on US income ( even if there is no permanent establishment in US)

    • @OffshoreCitizen
      @OffshoreCitizen  3 года назад +2

      No I'm not saying that. Generally it is not taxable regardless but depends on the form of your income

    • @extendo7137
      @extendo7137 2 года назад

      @@OffshoreCitizen What if I store money in US bank that I earned doing business in US (yes I am non US resident and own LLC) , am I still taxable?

  • @darraghmooney4292
    @darraghmooney4292 Год назад +1

    I would really appreciate feed back on this I've watched many of your videos but can't get my head around this. Say im in Ireland I set up an American llc in Delaware while resident in Ireland all the business operations is all online selling digital products so my llc is not taxable in America however Ireland and America do have a tax treaty im not sure if that means I pay 0 tax as im not sure if the tax treaty covers still being a resident in Ireland ? I think I would still be liable to tax in Ireland if so would it be the business rates in Ireland or as a sole trader ? if this is the case I may aswell just set up a business llc through my home country Ireland and pay the taxes ? any help would be appreciated thanks.

    • @OffshoreCitizen
      @OffshoreCitizen  Год назад

      Detailed questions specific to you it's best to book a call but tax treaties don't much matter here, it's more about the substance.
      Very often, though not always people are taxable in their home country in cases similar to the one you're describing. Not guaranteed but often.

  • @zaeshanvlogs3746
    @zaeshanvlogs3746 2 года назад +1

    Hi,we are starting a truck dispatching company (llc) (non us resident operating in asia) and we just provide our time and services to other truck businesses IN the USA and charge them. We DONT have an office or an employee in the USA, are we included in the tax givers? What happens if we fail to pay tax as we assumed we are not taxable? as I am worried as differenct CPAs are saying different things to me

    • @wasimshahzad2720
      @wasimshahzad2720 2 месяца назад

      I would like to learn from your experience that what was the result of your practice? Have you paid the tax or you were not taxable as a non US resident?

  • @cyperx2000
    @cyperx2000 7 месяцев назад

    What if I established an llc in is to sell online on USA with dropshipping site and my residence in egypt?
    Can you expalin please and also waht is the best state?

  • @toastperoast2348
    @toastperoast2348 3 месяца назад

    I would have to have C CORP only as that only will give me W2 tax form even as sole employee. can you please help me with that?

  • @extendo7137
    @extendo7137 2 года назад +2

    What if I store money in US bank that I earned doing business in US (yes I am non US resident and own LLC) , am I still taxable?

    • @telecastphilippines7490
      @telecastphilippines7490 2 года назад +1

      Same in mind, this is a good question, can anyone help answer this? Thanks

  • @milkovivaldi
    @milkovivaldi 7 месяцев назад

    May I have a LLC company which do business in US at 21% tax (real estate) and, at the same time, do business at stock exchange 0% tax?

  • @club4796
    @club4796 Год назад +1

    Is llc affect my visa or green card in future?

  • @user-jc2mc7zq9q
    @user-jc2mc7zq9q Год назад

    hi, im not an us citizen and i live outsite usa, i have to create an llc before request my ein or i just have to fill and send SS4 form?? THAN YOU very much. I want to formalize my ecommerce (I sell worldwide).

  • @pf.steveinjapan
    @pf.steveinjapan 7 месяцев назад

    As a tax resident of Malaysia (I am Canadian) would I pay taxes on income brought into Malaysia, from the US LLC?

  • @thokozaningoma
    @thokozaningoma Год назад +1

    Hey Mike, thanks for the video!! Just wanted to clarify, I live in Germany but want to open a LLC in Wyoming and target the UK market. Would I only pay (income?) taxes in Germany?

    • @acuitystudios5049
      @acuitystudios5049 Год назад

      Hi there, we are located in Germany, have an LLC in Wyoming and are doing business internationally. Doing business with the UK is particularly hard. You should consider moving the business to the UK right away if it is where you want to do business. Taxation is a pain in the UK!

    • @lazyb011
      @lazyb011 Год назад

      @@acuitystudios5049 do you have to pay any tax on the federal level, if your operations are not in the US?

  • @eiba6528
    @eiba6528 9 месяцев назад

    So if me and my sister, open an LLC for bank purposes but I operate in Peru, we do web design. Do I file an NR 1040. Do I need an ITIN number? Do I file a 1065 partnership?

  • @vmailtk5
    @vmailtk5 Год назад +1

    Does Sales Tax still apply?

  • @syeduzair7798
    @syeduzair7798 Год назад +1

    Please guide me, what if we are providing online services and consultation from asia, and running llc as a single person, do we have to pay federal, state amd local income taxes?

    • @OffshoreCitizen
      @OffshoreCitizen  Год назад

      For personalized advice please send a message through www.offshorecitizen.net

  • @moweda
    @moweda Год назад

    So does this mean that foreign disregarded entities LLC that works on amazon selling and e-commerce won't pay federal taxes?

    • @OffshoreCitizen
      @OffshoreCitizen  Год назад

      Assuming it has no ECI with US Trade or Business yes it means that for US tax, doesn't mean it won't be taxable elsewhere.

  • @draymondwest2300
    @draymondwest2300 3 года назад +1

    Hey Michael,
    If I don't have US sourced income and with US LLC I am not paying taxes in the US, would that change if I create a website for my LLC on US server (US domain) ? So I am providing services for US clients and I would like to get a website on US server for promoting my LLC. Would I start getting engaged in US trade or business in that situation? My home country doesn't have a tax treaty with US.
    Thank you.

    • @MichaelRosmer
      @MichaelRosmer 3 года назад

      Typically a server shouldn't make you taxable if you weren't already but there could be ancillary things that do depending. Without knowing all the specifics I can't say for sure

  • @Me_hreenasif
    @Me_hreenasif 2 года назад +1

    As a Canadian/Pakistani Dual citizen residing in Turkey, if I open a single-member LLC in USA for amazon FBA, will I be required to pay any taxes in US. I read mixed things. some have written that Amazon will be considered as dependent agent vs some mentioned otherwise. Please advice. Also, can husband and wife open a single-member LLC in US or will it be then considered a partnership instead of a single- member

    • @muhammaddfaheem4566
      @muhammaddfaheem4566 2 года назад

      You just need to file 1120 and 5472 forms according to IRS instructions.

  • @rosst3277
    @rosst3277 2 года назад

    Thank you!

    • @OffshoreCitizen
      @OffshoreCitizen  2 года назад

      You're welcome, Ross!
      Do you already own an LLC or looking to open one?

  • @otmanalami6621
    @otmanalami6621 Год назад

    Please I have no tax obligations in US do I still need a US accountant?

  • @0cardmastery
    @0cardmastery Год назад

    Very great video! So, If I'm Canadian and open a business consulting llc in the US (also have ITIN), would I be double taxed? Can I book a consultation with you?

    • @OffshoreCitizen
      @OffshoreCitizen  Год назад

      Probably best to book a consultation to discuss all the details calendly.com/michael-rosmer

  • @nathanfrenette6166
    @nathanfrenette6166 10 месяцев назад

    Im not really sure where to start with tax laws as they can be quite complex but i was hoping you could help me out.
    I am canadian and wanting to take advantage of the larger market in the US for government contracting. So far it seems like i require a us llc so delaware, wyoming, or new mexico make sense with no state income tax. You mentioned having someone in the us would be taxable, does the registered agent count, or the subcontractor i would be hiring?
    And also do i need a physical address in those states(apparently the government wont really accept virtual addresses) ?
    If i use an llc taxed as a c corp i can be paid by the business which would be taxable in canada and if its taxed as a sole prop, well i could be sued so that wont happen..
    Am i correct?
    Thanks for any insight

    • @OffshoreCitizen
      @OffshoreCitizen  10 месяцев назад

      For any specific advice please send a message through www.offshorecitizen.net

  • @ProLookout
    @ProLookout Год назад

    Does anyone know if this works the same for an airbnb business that also has no employee's on US soil and can I claim my yearly property taxes as a business expense?

    • @OffshoreCitizen
      @OffshoreCitizen  Год назад

      An Airbnb business will be locally taxable as it's clearly generating income from permanent establishments

  • @deepeedow
    @deepeedow Год назад

    As a foreign person who established a single member US-based LLC to manage the RUclips channel from my country, this may suggest that the income is effectively connected with a US trade or business or not? Also do I need ITIN or only EIN number in this case? (my state doesn’t have treaty tax agreements with US). THANK YOU

    • @OffshoreCitizen
      @OffshoreCitizen  Год назад

      EIN only, ITIN not needed
      Other details please reach out to us

  • @randomjonc
    @randomjonc 3 года назад +2

    Hi, thanks a lot for your information. Are you talking about both foreign owned single member LLC and foreign owned multi member LLC?
    Thank you.

    • @muhammaddfaheem4566
      @muhammaddfaheem4566 3 года назад +1

      he is talking about foreign owned single member llc because if you have single member llc in US and you are foreigner as well then according to IRS you do not need to pay taxes.

    • @randomjonc
      @randomjonc 3 года назад

      @@muhammaddfaheem4566 wouldn't that be the same for multi member foreign owned LLC?

    • @muhammaddfaheem4566
      @muhammaddfaheem4566 3 года назад

      @@randomjonc for foreign owned multi member LLC you have to pay taxes on your income,

    • @randomjonc
      @randomjonc 3 года назад

      @@muhammaddfaheem4566 that's not what I heard from another CPA actually.

    • @muhammaddfaheem4566
      @muhammaddfaheem4566 3 года назад

      @@randomjonc tell me

  • @johnfrangou7545
    @johnfrangou7545 Год назад

    Super video.
    But can you explain if I had a Delaware LLC that is owned by a Seychelles IBC that charges my Uk company interest on loans it has made to the UK company. Would taxes be paid in the US?

    • @OffshoreCitizen
      @OffshoreCitizen  Год назад

      Depends on operations, also you might need to worry about transfer pricing and thin capitalization

    • @johnfrangou7545
      @johnfrangou7545 Год назад

      @@OffshoreCitizen thanks for this. Didn’t even know that thin capitalisation was a thing in the UK. If the UK company is a property investment company so just brought and held property could it be argued that having high leverage is ok as you are interested in capital appreciation?

  • @fbluejay4194
    @fbluejay4194 Год назад

    Thanks, so you said if no physical presence in US there is no 30% federal tax, then why in contrast youtubers are forced to pay this withholding tax?

    • @OffshoreCitizen
      @OffshoreCitizen  Год назад

      That's effectively connected income. It has to do with the type of income you're dealing with. Rent, royalties, interest, dividends, etc have different sourcing rules than say services or products

  • @dickdevuyst6253
    @dickdevuyst6253 2 года назад +1

    Can a US LLC be owned by a foreign company? eg. UK Ltd company owns 100% shares in a US LLC ?

  • @dayalexa9383
    @dayalexa9383 Год назад

    If I am foreign owner with a disregard entity in New Mexico I love oversees but I age Amazon fba and use Amazon as warehouse do I have to pay taxes? I use ipostal address

    • @OffshoreCitizen
      @OffshoreCitizen  Год назад

      Please send us a message through www.offshorecitizen.net