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1. The LLC is not a taxed entity all the profits and losses and of the entity flow to the individual members
2. the license fee less business expenses will be considered profit which is distributed to the members who are taxed on this profit
3. The income should be taxed as ECI (Effectively Connected Income) and not FDAP. Though certain ECI income can be categorized as FDAP income, because you are a member of a partnership that at any time during the tax year is engaged in a trade or business in the United States, you are considered to be engaged in a trade or business in the United States.
You may ask how are you a partnership, in the eyes of the IRS LLCs are taxed as partnerships and therefore are partnerships. In this case opening a US LLC is going to be beneficial because the US LLC will receive the software license and distribute it to the members (you) which would qualify you to file ECI.
The actual tax rate would vary for each member of the LLC based on the amount that each person receives since varying amounts would trigger a different tax rate. The final amount will only be known once all the deduction and expenses are known.
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