JustAnswer > Tax
Ask A Question|Register|Login|Help
JustAnswer

Tax

Ask a Tax Question, Get an Answer ASAP!

Have your own Tax question?

Tax Professionals are Online Now
characters left:
Not a Tax Question?

Related Tax Topics:

  • Gov
  • ,
  • Irs
  • ,
  • Llc
  • ,
  • Pay
  • ,
  • Owe
  • ,
  • Tax
  • ,
  • Usa
  • ,
  • Corp
  • ,
  • File
  • ,
  • Form
Bookmark and Share

Question

I am a Japanese citizen and permanent resident with a US, Delaware based LLC. I would like to seek some help on filing taxes. I conduct a website that generates revenue from advertisement. I have advertisers in both the USA and UK. I understand I need to categorize these differently. The question is, what income do I need to file with the IRS and state of Delaware? And what income do I need to file with Japan? How can I go about the taxation process legally with the greatest benefits? Thank you

Submitted: 527 days and 8 hours ago.
Category: Tax
Value: $30
Status: CLOSED
+
Read More

Optional Information

Tokyo, Japan

Already Tried:
First time here seeking for information.

Posted by LEV 527 days and 8 hours ago.

Info Request

  • I may only address the part of your question related to US taxation t - not your Japan tax liability...
  • Also are you the only member of the Delaware based LLC? or there are several members?
  • Did you file a form selecting that the LLC would be treated as S-corporation for tax purposes?

 

 

527 days and 8 hours ago.

Reply

Hi,

In order to answer the questions:

  • I may only address the part of your question related to US taxation t - not your Japan tax liability...
Yes, this is fine. Under the US-Japan treaty, I am not subject to double taxation so should be okay.
  • Also are you the only member of the Delaware based LLC? or there are several members?
I am the only member of this LLC.
  • Did you file a form selecting that the LLC would be treated as S-corporation for tax purposes?
No I have not. I just learned it was necessary to file yesterday. However, I do not know which method would be better for taxation purposes.

Posted by LEV 527 days and 8 hours ago.

Info Request

What would be your estimated annual gross and net income from the business?

527 days and 8 hours ago.

Reply

I established a LLC in May, 2007 and have yet to file any taxes.

Until December 2007, our business was in the red. However, since January the business have generated approximately $3k monthly and just last month we hit $13k. So I am projecting somewhere in the $60k+ range for 2007.

I am unsure of what to file in Delaware as well as what to file the IRS. What methods should use to obtain maximum tax benefits? Thank you.
soultrader39729.1353153588

Posted by LEV 527 days and 8 hours ago.

Answer

As a permanent US resident - you are required to report all your income worldwide.

 

Generally LLC is not taxable entity - all income should be passed through to members and should be reported on individual tax returns regardless it was distributed or not. Distributed income is likely self-employment income and 15.3% self-employment tax would be required.

 

If an LLC does not File Form 2553 - http://www.irs.gov/pub/irs-pdf/f2553.pdf , it will be classified, for Federal tax purposes under the default rules. The default rules provide that if the LLC that has only a single member and is not required to be classified as a corporation - will automatically default to the classification of disregarded entity. The disregarded entity files as a sole proprietorship and completes the appropriate schedules as part of the single owners Form 1040.

If the LLC is a sole proprietor for federal tax purposes, the entity should file

Form 1040 Schedule C, Profit or Loss from Business (Sole Proprietorship)


if LLC is expected to have a profit by the end of the tax year - members should calculate tax liability based on the expected profit. They should not wait till April 15 to pay tax liability, but should pay quarterly estimated taxes using form 1040ES - http://www.irs.gov/pub/irs-pdf/f1040es.pdf - otherwise they might expect additional underpayment penalty.

These estimated payments should include income and self-employment taxes.
Assuming that $60,000 is your net income (after deducting all qualified expenses) - your estimated federal tax liability would be

--- 15.3% self-employment taxes

--- 15% income taxes (assuming that you are in 15% - 25% tax bracket)

--- for DE tax purposes:

see for reference - http://corp.delaware.gov/frtax.shtml

All corporations incorporated in the State of Delaware are required to file an Annual Report and to pay a franchise tax.

there is no income tax if you do not conduct a business in Delaware.

 

Ask is any clarification is needed.

527 days and 7 hours ago.

Reply

Hi,

There is a slight misunderstanding. I am a permanent residence of Japan. I also do not conduct any business in the state of Delaware and my income is split from UK and US revenue.

Are there sales tax involved that I would need to file in Delaware? Would it make more sense to let the IRS know to classify me as a S-corporation? Thank you


Also, if a LLC does not generate any profit I do not need to file any taxes for that year? I basically did not file taxes since May 2007 when my LLC was established. I had assumed that since my business generated no money I did not need to. Is this incorrect?soultrader39729.1472022338

Posted by LEV 527 days and 7 hours ago.

Answer

Yes - that was the misunderstanding from my side - sorry.

So you would be a non-resident for the US and should report only income from US sources. Any income generated by the Delaware LLC is considered from US sources.

 

A single member LLC will automatically default to the classification of disregarded entity and income and qualified business expenses should be reported on member's individual tax return the same way as for a sole proprietorship.

As a nonresident you generally should file Form 1040-NR - http://www.irs.gov/pub/irs-pdf/f1040nr.pdf - and business income and expenses would be reported on the Form 1040 Schedule C, Profit or Loss from Business (Sole Proprietorship)

 

However according to US-Japan tax treaty - http://www.ustreas.gov/press/releases/reports/conventionfinal.pdf

Income that residents of Japan receive for personal services as independent contractors or self-employed individuals is subject to the provisions of Article 7 (business profits) of the treaty. Under that provision, business profits are exempt from U.S. income tax unless they have a permanent establishment in the United States.

 

So your business income would be only taxable in Japan.

 

The Delaware LLC is required to pay an annual franchise tax of $250.00 - http://www.state.de.us/revenue

 

No Delaware state income tax if the LLC does not do business in Delaware.

Although Limited Partnerships, Limited Liability Companies and General Partnerships formed in the State of Delaware do not file an Annual Report, they are required to pay an annual tax of $250.00. Taxes for these entities are to be received no later than June 1st of each year. - you may do payments online - http://corp.delaware.gov/paytaxes.shtml

 

I would also recommend Delaware Guide for Small Businesses - http://www.dedo.delaware.gov/publications/startup_guide/files/de_small_%20business_guide.pdf

527 days and 7 hours ago.

Reply

Thank you very much for the reply. I think I am almost close to obtaining all the answers.

You mentioned that I will need to file business income in Japan only. By business income, is this the profits minus expenses generated by the LLC? What will my salary paid by the LLC be classified as?

So from my understanding, the only necessary document for me to file in the US would be Form 1040-Nr and Form 1040 Schedule C? I would not be paying any taxes to the IRS?

Still a bit unclear on what taxes I am subject to in the US. Thank you

Posted by LEV 527 days and 7 hours ago.

Answer

As I mentioned above - a single member LLC will be classification as disregarded entity and income and qualified business expenses should be reported on member's individual tax return the same way as for a sole proprietorship.

So - that would be your business income - not salary or wages.

 

Attach to your tax return the form 8833 - http://www.irs.gov/pub/irs-pdf/f8833.pdf to claim a treaty exception - scroll down for instructions.

 

527 days and 6 hours ago.

Reply

Hi,

Where will I file salary and wages with? Will this be in the US or Japan?

Posted by LEV 527 days and 6 hours ago.

Answer

That income is your business income - there is no salary and wages.

Salary or wages would be paid to you if you work for someone. You do not work for anyone - and there is neither salary nor wages - but the business income from your self-employed activity.

 

here are some information on your Japan tax liability - http://www.worldwide-tax.com/japan/japan_tax.asp

 

An employee - as the individual's tax is deducted by his employer, there is no obligation to file an annual return for an income of less than 20 million yen per annum.
When an employee earns income from two sources, or additional income as a self-employed person in excess of 200,000 yen, he is obliged to file an annual return.
A self-employed person - is obliged to report and pay tax on income for the current year no later than March 15.
When the results for the previous year show a net tax obligation (as against tax deducted at source) of at least 150,000 yen, two advance payments must be made in the following year on July 31st and November 30th, each advance payment being 1/3 of the total net tax for the previous year
.

 

527 days and 6 hours ago.

Reply

Hi, thank you for your response.

Okay, so I understand now that I will need to pay taxes in Japan but file the necessary documents in the US. Just want to confirm before I clos this request. I do not pay any taxes in the US besides the Delaware franchise tax?

Accepted Answer

Yes - this is correct - no federal income tax due based on tax treaty and no Delaware income tax due based on the fact that no business conducted in Delaware.

 

As you do not owe any federal tax - there will not be any penalty for late filing.

 

Delaware franchise tax is important to have your registration current - if you would not pay this tax - your registration would be terminated.

Picture
Expert: LEV
Pos. Feedback: 99.4 %
Accepts: 7900
Answered: 10/8/2008

Tax Preparer

Taxes, Immigration, Labor Relations

+
Read More

Related Tax Questions

  • is it possible for an individual taxpayer to use both the .....
  • I am an airline employee, I have meal expenses on my ...
  • need help with injured spouse form
  • RECEIVED 1099C from collection agency, NOT the ...
  • I am a NJ based corporation w/ an office in PA. I ...
  • What does it mean when the IRS says that I''m recertified?
  • Medical Coverage
  • How may mass are there in london.



Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.
Question List | Become an Expert | Terms of Service | Security & Privacy | About Us
© 2003-2010 JustAnswer Corp.