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Lane
Lane, JD, CFP, MBA, CRPS
Category: Tax
Satisfied Customers: 12484
Experience:  Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial & Tax advice since 1986
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im not a US citizen nor resident, i usually visit the US for

Customer Question

i'm not a US citizen nor resident, i usually visit the US for no more than 2 weeks a year.
i wanna establish a Delaware LLC for the sake of exporting good purchased from the US and being exported to all over the world. however we do not sell inside the US. and we are going to use our bank account heavily to receive and send funds.


my question is: do we have to pay taxes as a company? as an owner?
is there any IRS filing requirements yearly?
Submitted: 4 years ago.
Category: Tax
Expert:  Lane replied 4 years ago.

NPVAdvisor :

A single member LLC, where the sole member is a foreign person for U.S. tax purposes (meaning he or she is not a US citizen, does not have a U.S. green card or who does not reside in the US. for more than a month or so each year)? ... The LLC is ignored for U.S. and most states income tax purposes.

NPVAdvisor :

This aplies only to SINGLE member LLC's

NPVAdvisor :

Hence, any income earned is treated as earned directly by the foreign person. Such income is not subject to U.S. taxation so long as the foreign person did not perform his services or sales activity in the U.S. himself or thru an employee or agent.

NPVAdvisor :

The foreign person, employee of the foreign person (or agent thereof) must be physically present in the U.S. while earning the income. It is apparent that many, if not most of the single member LLCs are conducted purely over the internet, or completely outside the US in some other manner, with no physical presence in the U.S.

NPVAdvisor :

No reporting of the income nor are payments of any taxes required.

NPVAdvisor :

To form the Delaware LLC you must basically do the following:

NPVAdvisor :


Form a Delaware LLC

NPVAdvisor :

You must maintain a Delaware registered agent,

NPVAdvisor :

You must pay the state of Delaware an annual fee to keep the LLC in good standing

NPVAdvisor :

Hope this helps

NPVAdvisor :

Lane

Customer: replied 4 years ago.

Hi Again,

 

Thanks for replying, below some related questions:

 

  • As a company do we have to file taxes with the IRS?
  • As a person do i have to file with the IRS?
  • in Delaware owner information is kept secure, how can the IRS know about individual taxes?
  • there is no tax treaty between the US and my home country, does that change anything in my case?
  • i'm buying all my goods from the US and selling them overseas, do they consider my income as a US income?

 

 

Expert:  Lane replied 4 years ago.
As a company do we have to file taxes with the IRS?
As a person do i have to file with the IRS?again, IF you are single member LLC , No

in Delaware owner information is kept secure, how can the IRS know about individual taxes?
Unless you are a corporation they will not.

there is no tax treaty between the US and my home country, does that change anything in my case?
No

i'm buying all my goods from the US and selling them overseas, do they consider my income as a US income?
As long as you have no presence in US and are buyin from afar. No