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Is a US C corporation owned by a foreigner treated as a

foreign person when the corporation...
Is a US C corporation owned by a foreigner treated as a foreign person when the corporation sells real property in the US?
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Answered in 4 hours by:
11/24/2017
Law Educator, Esq.
Category: Business Law
Satisfied Customers: 121,745
Experience: All corporate law, including non-profits and charitable fraternal organizations.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

No, a US Corporation is considered a legal juridicial person, meaning it can act, sue and be sued and buy and sell on its own as an individual separate from the owners. As such in selling property, the Corporation can sell the property on its own and has to file to pay any capital gains or take any losses on its own tax returns.

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Customer reply replied 2 months ago
The fact that the US C corporation is owned by a foreigner a non-factor? I believe that is not the case with an LLC hence my question.

Thank you for your reply.

The corporation pays its own taxed and it is treated like its own legal person. An LLC generally is a flow through tax entity meaning the members of the LLC must file their own US tax returns, for aliens that means a non-resident alien tax form. However, even an LLC can "check the box" and be taxed as a corporation and pay taxes directly like a corporation and then the non-resident alien owner would not matter either.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Business Law
Satisfied Customers: 121,745
Experience: All corporate law, including non-profits and charitable fraternal organizations.
Verified
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