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Tax.appeal.168
Tax.appeal.168, Accountant
Category: Finance
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Experience:  Tax Accountant
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I formed an LLC a year ago in California. I am not a U.S.

Customer Question

I formed an LLC a year ago in California. I am not a U.S. Citizen (my wife is) but have an EIN. I am the sole proprietor. The business is not operating at this time so there is no income. I paid the $800 Calfornia State tax. Do I have to file with the IRS? If so, what form since I have never filed before in the states.
Submitted: 1 year ago.
Category: Finance
Expert:  Tax.appeal.168 replied 1 year ago.

If the LLC is still active, even if there has been no income, you need to file with the IRS as well. Single member LLCs are flow through entities, which means that the information flows through to an individual's personal tax return. As you are not a U.S. citizen, you will need to complete the Form 1040-NR EZ or the 1040 NR. You will need to refer to the instructions to see which of these forms apply to your situation.

Link to 1040 NR EZ/instructions:

https://www.irs.gov/pub/irs-pdf/f1040nre.pdf

https://www.irs.gov/pub/irs-pdf/i1040nre.pdf

Link to Form 1040NR:

https://www.irs.gov/pub/irs-pdf/f1040nr.pdf

https://www.irs.gov/pub/irs-pdf/i1040nr.pdf

Let me know if you require further assistance with this matter.