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Lev
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 22828
Experience:  Taxes, Immigration, Labor Relations
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Hi I would like to know if I have to file a return, Im not

Resolved Question:

Hi I would like to know if I have to file a return, I'm not a US citizen and I have never been in the US. I formed a single owner LLC in Delaware back in Feb 2011, the company is going to start selling lamps this year, but didn't have any income from last year just some expenses, I found this:
http://www.irs.gov/businesses/small/international/article/0,,id=96477,00.html

I use this service http://www.virtualpostmail.com/ to receive mail from the IRS(since it takes so long to mail it here), I also have a rented server located in the US(Chicago) and I obtained an EIN, but didn't use it yet.

My country (Ecuador) has no treaties with the US. I haven't elected to be taxed like a corporation, so default applies.

The question is am I required to file a return, if so what form/s do I have to fill, 1040NR or 1040NR-EZ and should I attach the ITIN form (I don't have an ITIN yet) or do I need to get the ITIN first before sending the return, I'm guessing that will take a long time. I have NO relatives that are US taxpayers nor kids, not sure if that helps for the 1040NR-EZ question.

Thanks.
Submitted: 2 years ago.
Category: Tax
Expert:  Lev replied 2 years ago.
Hi and welcome to Just Answer!
Based on information provided - because you are neither a citizen nor a resident in the US and did not have any income from US sources - you are not required to file an US income tax return with the IRS.
You might be required to file US tax return if you will have income from sources within the US.
Let me know if you need any help or clarification.
Customer: replied 2 years ago.
So just for clarity:
1) Even if I formed the company, obtained an EIN, rented the server, etc. I'm not considered to be engaged in a trade or business in the United States during 2011 as I didn't have any income?

2) For next year could you tell me if I have to attach the ITIN form to the 1040 or I have to get the ITIN before sending the return?

Thanks.
Expert:  Lev replied 2 years ago.
1) Even if I formed the company, obtained an EIN, rented the server, etc. I'm not considered to be engaged in a trade or business in the United States during 2011 as I didn't have any income?
That is correct - if you do not have any income - your business is not considered as started and you do not need to file any income tax return.
2) For next year could you tell me if I have to attach the ITIN form to the 1040 or I have to get the ITIN before sending the return?
You will need to have ITIN only if you will have income from US sources.
You may apply for ITIN separately or at the time of filing the tax return (if you will be required to file).

There are complex rules how income of nonresident aliens is taxed and how to determine the source of income.
For details - please see IRS publication 519 - www.irs.gov/pub/irs-pdf/p519.pdf
Let me know if any clarification needed.
Lev, Tax Advisor
Category: Tax
Satisfied Customers: 22828
Experience: Taxes, Immigration, Labor Relations
Lev and 11 other Tax Specialists are ready to help you

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