1) Can I make profit of the company and file taxes for it?
Running a coffee shop activity - is considered a self-employment - and based on your visa terms - you are not allowed to be self-employed - unless you hire someone who will do actual job.
But that is an immigration issue - from IRS prospective of view - that will be your income and should be reported on your tax return.
2) If my wife who is on H4 is a partner, can she get profit when the company decides to and file her taxes?
LLC is not taxable entity - all taxable income is passed to partners who in turn report income on individual tax returns.
3) I know the LLC for IRS is files as partnership, how would my partners file their taxes and they are not US citizens? How can they apply for a ITIN?
Here is information about ITIN - http://www.irs.gov/individuals/article/0,,id=96287,00.html
partnershil file tax return on the form 1065 - http://www.irs.gov/pub/irs-pdf/f1065.pdf
and report pro-rata share to each partner on the schedule K-1 - http://www.irs.gov/pub/irs-pdf/f1065sk1.pdf
4) When the LLC applies for the EIN, we need to apply for the ITIN for my partners before we can do that right?
LLC is registered on the state level - see some information here - http://www.citmedialaw.org/legal-guide/michigan/forming-llc-michigan
and after that you will apply for ITIN using Form W-7, Application for IRS Individual Taxpayer Identification Number
If you run the business with your wife - you may form qualified joint ventures of married couples not treated as partnerships. - see more information in this IRS article - http://www.irs.gov/businesses/small/article/0,,id=97732,00.html
Let me know if you need any help.
So your saying that even my partners are not US citizens they can still apply for ITIN and file their taxes on their profits am I correct?
I dont intend to work for the company, I will have a manager and employees running it, I am basically investing money there.
ITIN is issued for tax purposes only - as a tax account - so taxes paid will be counted.
IRS issues ITINs to foreign nationals and others who have federal tax reporting or filing requirements and do not qualify for SSNs. A non-resident alien individual not eligible for a SSN, who is required to file a U.S. tax return only to claim a refund of tax under the provisions of a U.S. tax treaty, needs an ITIN.Examples of individuals who need ITINs include:
As you do not intend to work for the company - be sure that your income will be reported as a passive income and you will not have any issues in connection with your immigration status.
Ok one last thing. My brother used to be a student here years ago back in the 1990s. He has a social security number that was issued when he was a student here. Now he is on B1 visa. When we file for the taxes for him, should we use his SSN or get an ITIN? is that SSN would stick out with him and he needs to use it??
If your brother has a SSN - generally he should use it for tax purposes.
SSN is issues by Social Security Administration to those who eligible - and should be used for tax purposes as well.
Those who are not eligible but need identifications for tax purposes should apply for ITIN.
In additional to SSN (or ITIN) - some people are used EIN - Employer Identification Number - as a tax ID for your business entity. You may apply for your LLC after it will be registered online at - https://sa2.www4.irs.gov/modiein/individual/index.jsp
A sole proprietor can have only one EIN, regardless of the number or types of businesses you operate. This EIN is your permanent number and can be used immediately for most of your business needs, including opening a bank account, applying for business licenses, and filing a tax return by mail.
Tax Preparer
Taxes, Immigration, Labor Relations