Question: What if Albert had a US Business Bank Account and US Virtual Address and Received Sales from US Customers Online? The business operates outside of the US sells eBooks online and is delivered via email. By the way excellent video. I will consider using your services to file my forms. How do I contact your office please?
I have exactly the same case as Albert. The only difference is that my official business address is the same as the regestred agent address (in Colorado), this is only for privacy purposes, in order to not expose my home address on the public records. Does this affect my status "non engaged in USTOB"? I hope to get an answer as I think many can relate to this case. Thank you so much for this video, it is so helpful and insightful 🙏
Thank you for this really helpful and detailed video. My question is what if you're a foreign LLC conducting an Amazon FBA business ? Are you still in this totally foreign category or do you fall into the USTOB category ?
Hello. Very helpful video!. I just have one question I noticed you skipped part IV and that one clearly states that "must be completed if the 'foreign person' box is checked in the heading for Part III". Is there any special consideration that allows it to be skipped in the context of a foreign-owned single member LLC? or was this because no field was applicable to your example and then it was okay to leave all blank?
I have the same case as Albert. The only difference is that my company address is the same as the registered agent's address (in New Mexico), this is only for privacy purposes, to not expose my home address on the public records. Does this affect my status as "non-engaged in USTOB"? I hope to get an answer as I think many can relate to this case. Thank you so much for this video, it is so helpful and insightful 🙏
I have exactly the same case as Albert. The only difference is that my official business address is the same as the regestred agent address (in Colorado), this is only for privacy purposes, in order to not expose my home address on the public records. Does this affect my status "non engaged in USTOB"?
Thanks a lot for this great video, it contains tons of useful information. Sorry, at the end im a bit confused. I’m not sure enough if having clients in US (for example selling by Amazon FBA), or contracting a service of postal address for the LLC, or having an US bank account , could cause your LLC to be considered as engaged in u.s. trader business. Please , could you clarify me this point? Thanks in advance
Hello Jason, thank you so much for this video. I have a situation here I need your help with: So I formed an DE LLC on Nov 2018 (I'm the only member), and I got my EIN on March 2019. Honestlly I didn't file any form until today, and I decided ti file it now. My company was practly dead until last year when I start making some income. HOW BAD IS MY SITUATION?
Hi Jason, relating to Part III if the related party is a foreign individual, why does everyone list a principle business activity and business activity code? Shouldn't it be blank or N/A. I know our software requires a business activity and business activity code, is that why everyone just enters the same activity and activity code of the reporting company for the foreign individual related party?
Jason, would you recommend the foreign individual also file a protective 1040NR if they were on the fence about being a USTOB? I know there is no checkbox like on the 1120F. Meaning if they were audited and determined USTOB, would the IRS also disallow their deductions that would receive the profits on the schedule C for the 1040NR?
Would using the US address of your registered agent and a virtual US phone number still be ok for concluding the business has no trade/business in the US? (it truly hasn't, address and virtual phone number only used for image, ie: website, WhatsApp, email signature, etc). Thanks
Yes! The LLC owner should definitely sign and date the first page of the Form 1120 on the officer signature line. Enter the officers title, which is generally "Managing Member" for an LLC.
@@JasonDKnott Great video, thanks! Just one question: do we need to send the whole form 1120 (6 pages) with 5472, or just the first page of 1120 + the whole 5472? Thank you for your answer in advance.
Are these forms required only for US LLC's? How about if you are a foreign LLC (Active NFFE) receiving royalty payments from a US corporation and are claiming tax treaty benefits with W8-BEN-E (0 witholding tax). Are these forms required?
Thank you for the excellent tutorial! This is the best content for this that I've found on youtube. Form 5472 asks you to print and sign the form, but gives no space to sign it. My question is, where do we sign form 5472? Do we sign each page or just somewhere near the end?
Hello Jason! thank you very much for the great explanation. I have a question: I am Spanish ( non - US resident with no office or employees ) and have the intention to run a conventional Wyoming LLC ( a "Disregarded" company by default). The business is about online consulting on business and technology ( for example, creating websites).I have asked some lawyers and public accredited accounts and, some of them have confirmed that I must only file 5472 and 1120, and other ones have confirmed that I must only file 1040R, as it is a disregarded company. Could you please let me know your feedback about it? In case I must file 1040R, how would I be taxed on my US income not worldwide income?,right? ( I was told either 21% on my US income or between 10% - 37%). Thanks in advance :)
Hi Jason, Great video! I have a question, if I form an LLC in July 2022 with, lets say Zenbusiness like website, will have to file forms 1120 and 5472 including reportable transactions as contribution of payments and taxes for creation of the LLC next 2023 before April 15th. If business starts running, and have income from customer payments in a US bank account, next 2023 and pay business expenses as Zenbusiness registered agent, etc from this US bank account; would I have to file forms 1120 and 5472 next year 2024 if I have no reportable transaction? If business pays its expenses from its own US bank account and I dont move any money to my personal bank account in my country, would this be considered as having no reportable transaccions? If i'm not mistaken theres an exception and dont have to file this forms if not reportable transaction have been made over the year. Is this right? Are cash withdrawls considered as a distribution? Are daily expenses as payments like for gas, food, restaurants, internet services, rentals considered as distributions? Thank you!
Thanks for your quick response. I understand the LLC is considered a disregarded entity. My question is why would he form a LLC in Delaware in the first place If he has no business in the US. Thanks
Great video Jason!! I have a question for you, If the LLc with two owner non us resident they can select the business be taxed as C-corp with the form 8832, but if the owners withraw money from the business what is the correct way to report this payment as a salary or reporting on the form 5472?
Thank you for this video! Does a F1120 need to be filed with 5472? Do you provide a service to file tax for single member LLC with foreign member? I would like to pay you for this service
Awesome in-depth video as always Jason, thanks a million! 1) I take it the way you field this out would also work for a foreign owned single member LLC that had zero activity for the year, since clearly it wouldn't be engaged in US Trade or business, however you looked at it. You would just have to add up start up costs and any money put into the LLC's bank account and add that as contributions I assume? 2) if I understand correctly a foreign owned multi member LLC (partnership) doesn't have to file the 5472? Thanks again Jason!
Thanks for watching! Yes, that's correct, a foreign owned multi member LLC partnership does not complete Form 5472. Form 5472 would likely be completed if the LLC filed an election to be taxed as a C corporation, so it would need to disclose any 25% or greater shareholders on the Form 5472.
Hey my english is very crippled so I want to ask, I have a non us resident LLC with single member but I haven't made any profits or anything so except with the money I have in the bank there were no transactions. Do I have to file the form? People tell me I don't have to do anything and the company will be shut down within 3 years
@@sancakli454 In my experience Jason doesn't reply twice to a comment, so you're best off directly commenting on a video and not someones comment, but he's a very busy man I'm sure, so he doesn't get to all comments. Not legal advice but for what its worth, this is what I have read from multiple sources, if the LLC is in Wyoming then you don't need to pay to terminate it as, as you say, in 3 months it will just be terminated if no state fees and annual docs are filled. However, I believe that's not the case in most other states so where your LLC is formed is very important. Then as for the from 5472, if its a Single member, the IRS are still going to want you to file the forms! In my opinion its not worth taking the risk and not filling.... I was in your case also, no economic activity, just fees I had paid to set up the business, filling fees, domain name etc. So I simply filled in the 1120 and the 5472 just like Jason did in this video. For the statement page I copied Jason's, but for Capital Contributions I put the total of all my set up costs and for Capital Distributions I put 0 since there haven't been any. Again not legal advice, to the best of my knowledge it will be correct like this, but I could be missing something since I'm not an expert, but either way, even if I had got a detail wrong, it's surely going to be better than not sending anything at all.... ;) I sent it to the IRS using my anveo.com account (you can get a US number for a few dollars that can send and receive faxes), I tested my faxes before sending using these 2 fax services also faxburner.com and faxbetter.com. Also for editing, merging all the PDFs together and resizing pages I used this free online PDF editor: sejda.com/pdf-editor Oh and for the Statements page, I search online for one and took screenshots, then edited it in a photo editor ;) I hope that helps Sancakli, good luck!
@@sancakli454 In fact, if I am not mistaken, even if you do not have any transaction or profit, you still have to file the tax forms. Otherwise you get a penalty of 25.000 US$. Last day for filing is April 18,2023.
What are the requirements for non-resident single member llc that only works with Amazon on book publishing business on kdp. Please make a video regarding such businesses in detail, thank you
Thank you for informative video.Why is Part 1V left blank. What does monetary transactions between reporting corporation and foreign related party mean?
So can i file my 1120&5472 just like you’ve shown in your video because all the money i had received was through wire transfer from a UK company in my usd transferwise account which i later transferred to myself in my home country (no. Usa citizen )
Great video, Jason! On slide 3, your comment about a foreign corporation owning the single-member LLC and the foreign corporation being subject to branch profits tax when the LLC is USTOB. I have read that the foreign corporation is only subject to branch profits tax if the foreign corporation has a permanent establishment (PE) in the U.S.? Can you clarify that part or correct it if not accurate (my comment). Thank you.
Good question! If a foreign corporation has a PE in the U.S., it effectively means the entire earnings of the foreign corporation are subject to U.S. taxes. Foreign corporations are subject to BPT if they have a U.S. branch that generates ECI, even in cases where there is no U.S. PE. This is why many foreign corporations have a U.S. corporate subsidiary to conduct U.S. operations because it insulates the foreign corporation from any USTOB, ECI or BPT issues.
Is it true that a US corp owned by a foreign corp, has the dividend withholding tax which can be reduced by the treaty, which is different from the branch profits tax (even though the same rate)? Also, if the branch does not generate ECI, does that mean the foreign corp is NOT subject to the branch profits tax (when an SM LLC DE is owned by a foreign corp)? Thanks for your input. @@JasonDKnott
Jason, do you think a Regus-type office (used for Google business profile many times) would be viewed as a US office vs. a virtual address and move the needle to be considered to have a USTOB or even a PE? Or does a "US office" definition include a "remote worker" or employee also hired by the same entity vs. Regus, in which the package includes a shared receptionist to answer phones and represent your office? I appreciate any help you can provide.
All of the payments are made from Turkey clients. Will IRS detect it automatically and so I will be no subject to taxes? Or do I have to do something to let IRS know payments were from outside of the US. Thanks
Yes, if you have a nonresident person living in the USA enough days to meet the substantial presence test, that person becomes a U.S. tax resident. If that person owns 100% of a US disregarded entity (DRE), the 100% owner needs to file a Form 1040 and report the activities of the DRE LLC on their personal tax return.
Hello! If My LLC was created this january2024, and only had expenses, still not any revenue, do I have to file the 5472/1120 this year? plus, I provide back office virtual services, does that make me USTOB?
Hello Jason, would this video help me if I only want to sell 100% digital products (Design websites, sell online logos, etc) on my website? Potential buyers of my services are people from the United States and around the world.
Apparently, Amazon FBA is ok, you don't fall into USTOB but if you sell stock media (photographies, videos…) on sites like iStockphoto, Shutterstock and others or sell print on demand with Etsy, Merch by Amazon and others, will they apply a 30% withdrawal tax? If let say, Stock media does and Print of demand don't, is it possible to open an LLC for one and do the other as individual, or everything as to be done through an LLC?
Thanks for the tutorial. Quick question to clarify - if I am like Albert from your example, do I leave the first page of form 1120 blank? Income, deductions, etc, all those fields/calculations should be entered only if US taxation is involved?
Every U.S. LLC is automatically a disregarded entity if the entity is formed with only one owner. This rule applies regardless of whether or not the LLC is engaged in business in the U.S. The LLC has the option to file an election to be taxed as a "C" corporation by filing Form 8832, which makes the entity a regarded entity for tax purposes.
Min 14:20 but you can efax it right?. Also the first page of proforma 1120, if you used a registered agent to incorportae the llc (1st year initial return) my cpa filled in box 17 for taxes / licenses paid, is that incorrect? best regards,
There is no consistency with the IRS. I have seen taxpayers file the form late and receive no penalty notice, and others that do receive a penalty notice. If we file a return for a client that is a late filer, we attach a reasonable cause statement requesting the IRS not assess penalties.
Can you help me to help my new client in India, having single personal llc , is with ssn through her husband as H4 EAD , Now working from india from last three years provide IT consulting to us client , filing as Schedule C and pay tax in 1040 NR . She need help for compliance to IRS .
I have one more question, why foreign person incorporate US LLC, when they don't have US bank account nor US clients? is there any special attraction of incorporating US LLC?
1. Should we send all 6 pages of form 1120 though only 1st page is filled? 2. Can we merge 1120, 5472, supporting statement, llc registration receipt all as one single merged pdf?
Thank you so much for your video! this is very helpful and thorough! Just wondering where I can find the federal supporting statements document you used on the last page for the 5472? Is that another form or can be done in a simple word document? thank you!
You can create your format in word. The Form 5472 in this tutorial was prepared using Drake Tax Software, which generates a supporting statement within the program.
Thank Jason for the video. But I still have a question: If I, as a German citizen, provide a digital service with my US LLC to another US LLC (which is also owned by a German citizen), is this taxable in the USA?
Not if it has more than one owner. A disregarded entity has only one LLC member. If the LLC has more than one LLC member, it is no longer a disregarded entity, it is a multi member LLC, which is by default treated as a partnership. The LLC can elect to be treated as a "C" corporation if it files IRS Form 8832
Hi. I had a registered Delaware US LLC as a non-u.s citizen but didn't pay the yearly franchise fee to have the business up and running and never filed the 5472. How do I close off any relation to this business if i want to form a new one.
I would first check with the state registrar to see whether the entity is still active. It is likely that the entity was administratively dissolved at the state level.
Great video with explanation. If I am only the Member though, am I still considered by default the managing member and does it matter if I put my title as Member or Managing Member on both forms?
Not necessarily, as it depends upon the terms of the LLC operating agreement. There are many single member LLCs which appoint a separate person as the LLC manager. Look to the LLC operating agreement to determine who is the appropriate person to sign the tax returns, and what is their appropriate title.
Hello Jason, Does a non-resident that lives in the US, under a student visa, who created a single member LLC and had income...does this person needs to file Form 5472? I know he has to file 1040NR
Thank you so much Jason, I have one final question. Regarding Part I 3. Check here if the reporting corporation is a foreign-owned domestic disregarded entity (foreign-owned U.S. DE) treated as a corporation for purposes of section 6038A. What does treated as a corporation mean? Would it imply taxation in capital gains (it's my only concern)?
Hello Jason , thanks for the valuable info you sharing, I set up LLC In Wyoing activity Social Media and wanna do business on Real Estate industry buying Lands and engaging in wholesale Realestate in different States. - Is it a problem for me if doing different activity with the LLC as for now I want to Only do RealEstate business with the LLC. - What are the Taxes I need to file for the LLC. - FERPTA will be applied when selling any property as foreigner , what file should i submit.
Hello! I have a question. I have single member LLC in united state haven't earned a single dollar yet. So what types of form do I required? And how should I fill that form? Thanks an advance
Hello and thank you very much for this video, I am a tax resident abroad, so this is not the form I have to fill out to withdraw money from my Single Member LLC? And thank you again Cyril
If you are a nonresident alien for federal tax purposes and you are the sole owner of a U.S. LLC treated as a disregarded entity, then you generally need to file the Form 5472 regardless of whether you take any distributions
Jason, thanks for your videos, they are very useful to complete my forms! I have a very basic query, once I have the completed forms 1120 and 5472, where do I send them? Is there an email address, a fax number or some program where I must upload my forms to the IRS? Thank you!
In my Stripe account, I fill out the W-9 form instead of the W8-BEN. I never received or sent any type of payment in this account. What should I do to correct this error?
You can always login to your Stripe account and update the tax interview questions. With the updated answers to the interview questions, it will likely ask you to complete a Form W-8BEN in lieu of the Form W-9, assuming you are a nonresident individual owner of the disregarded LLC.
@@newvision-6 if you paid the registered agent and didn’t withhold taxes and it was over $600 then you would need to get their Tax ID number by requesting a w9 and issue them a 1099, then you would record it on the 1120 line 26 and attach a statement (which states payment to contractors)
Dear Jason, my LLC doesn’t even have a bank account opened and connected to it, because my business partner unfortunately passed away, so I didn’t have the strength to continue doing our business idea without her. That’s why (in my opinion) I don’t have ANY reportable transactions whatsoever, zero. What do you think, am I somehow also obligated to file this report or I can relax and forget about it?
Nice Video,but if the Person ilive Outside USA and make LLC with the 2 Persons and IRS is Taxed how PARTNERSHIP then in this case Only file the Form 1065 and K-1 and the last the 1040NR, I.E. in this case ( PARTNERSHIP) I´m do NOT have the file the 5472 and 1120 ok?
That is correct. The Form 5472 is filed for a foreign-owned single member LLC that is a disregarded entity, and for a domestic C corporation that has greater than 25% foreign shareholder owners. A Form 1065 filing with foreign partners does not require filing Form 5472.
Thank you so much for this valuable content. I have a WY foreign owned single member LLC, registered on 24th September 2021 with an EIN assigned in October 2021. Although the IRS assigned me an EIN without any complications, I made two mistakes in filling out the application form SS-4: 1) Line 11: Wrong Date business started: my business was actually started on date 09-24-2021, but I entered the wrong date 11-01-2021, and 2) Line 12: For Closing month of accounting year I entered MARCH instead of DECEMBER. Question: I am not sure, what should be the corect period for tax year reporting to IRS, form 5472 and Form 1120: 1) Is it from 09-01-2021 to 12-31-2021 or 2) from 09-01-2021 to 03-31-2022? Acording to IRS Instructions for form 5472: "The foreign-owned U.S. DE has the same tax year used by its owner for U.S. tax filing requirements or, if none, the calendar year." Since my personal tax year in my country is the calendar year, do these IRS instructions prevail over my statement in Form SS-4, line 12, and do I need to consider a calendar year? Also, I did find Form 1128 for changing the Fiscal Year End, but not for a corporation adopting its first tax year. And I don't see anything about changing the start date.
Is it me or is it impossible to have non-reportable transactions? It seems even the fees to form the LLC (paid by related party) are considered reportable transactions.
Yes, the fees to form an LLC would be a reportable transaction. It's clear that when the rules were drafted they wanted virtually all foreign owned disregarded LLCs to file Form 5472.
Can I use 2021 form for year 2022? Because I had no transaction, company not in operation, so I just need to change the date instead of filing the whole form again.
The supporting statement was generated using the tax software we utilize to prepare and file the tax returns. Each tax software has a different format for the statements. If you are preparing the filings by hand without using any tax preparation software, you can prepare a similar statement in a word document.
Thank you for the details and such a great educational video. I only have one question, I have a WY Foreign Owen single member llc with an EIN, I created the llc in June last year but due to COVID, I couldn’t start my business plan, So in the Form 5472 Part IV, is there a place to mention the cost that I gave to the registered agent + WY State Fees + WY Annual Compliance Fees. Other than that, I just did some test transactions of $1 in my bank to check the activity. Appreciate all your help. Keep doing the good work. Thank you!
Have you sent any money to US LLC from your personal bank account? And have you withdrawn any money from US company bank account to your personal bank? And also formation cost of the LLC.
@@muhammaddfaheem4566 only $1 test transaction from my US personal account to business checking. No money withdrawan. Do you know where do I mention the amount paid to the registered agent and state wyoming fees for starting up the business and renewal charges for this year?
Hello, thank you for providing such a good video. I sent both forms by fax. How do I confirm that the IRS has accepted my form and that the tax return is successful?
IRS doesn't send a confirmation whether you send via Fax or US mail. This is one of the unfortunate limitations with no e-filing, as we don't get an affirmative confirmation. Hopefully, in the future, the IRS will allow us to e-file these forms.
Generally, no. Delaware only requires a state filing if you are engaged in business within the state of Delaware. Simply having a Delaware entity does not make you engaged in business within the state.
Generally there are no filing obligations at the state level, so long as you formed your entity in a state that does not impose state level taxes (e.g., Florida, Wyoming, Delaware)
I have the same case, I am a non-resident alien, I had no activity, I am a single member, it is my first time to file, but the address of my LLC is in Florida. What should I do, please?
Every foreign owned SMLLC that is a disregarded entity must file the Form 5472 with a proforma Form 1120. If the entity was formed during 2021, the filing deadline for the 2021 Form 5472 is April 18, 2022.
Great content! What if my disregarded LLC was form in Feb 2022, I haven't conducted any business as my bank account is still under review, do I still need to file those reports? Thank you!
Im a foreigner and I got my Wyoming LLC registered on 8 December 2021, got my EIN on 28 JAN 2022 and bank account was approved on 11 feb 2022, till now company haven’t earned anything because we didn’t started operation yet, so I wanted to know dose my company eligible to pay any tax in USA with zero income and do i need to file tax return? Secondly to return file tax we need EIN or ITIN ?
No need to get ITIN. According to IRS instructions you need to file just 2 informational forms. 1120 and 5472 form . There is no income tax for foreigners because it's a disregarded entity.
As I outlined in the video, the disregarded LLC is subject to tax if the business is engaged in U.S. trade or business, or it receives U.S. source FDAP income. If the entity is owned by a foreign individual and is subject to taxes, the individual needs an ITIN to file the Form 1040-NR. If you determine that your business is not engaged in U.S. trade or business and owes no taxes, then you do not need an ITIN. You still need to file the Form 5471 with a proforma Form 1120.
@@JasonDKnott Thanks for the help, We don't have physical office or any employee apart from the registered agent in Wyoming, we provide online services and charge against it, so i thing that's not comes under actual trade or business or FDAP income right?
Thanks for the clear explanation, a potential client mentioned that I would have to present them with a W9, I'm a foreigner and have established a single propietor LLC and will be developing custom software for them from my home country, would it be correct that I provide them with a W9?
An LLC that is a disregarded entity does not complete its own withholding certificate. If the sole owner is a foreign person, you would need to complete a Form W-8BEN as an individual, or if the LLC is owned by a foreign corporation, you would complete Form W-8BEN-E. The LLC can complete a Form W-9 if it is a U.S. person for federal tax purposes, which is either an LLC taxed as a "C" corporation, an LLC taxed as a partnership, or an LLC taxed as an "S" Corporation.
Thanks for the video. I have a WY Foreign Owned single member llc with an EIN, I created the llc in Dec 2021 and a bank account.I had no activity. I did not put any money into the LLC account. Form 5472 Part V, I attach a statement of LLC formation fee. Form 5472 Part VI, still need to choose? Do I still need a statement for Part VI like: THE FOREIGN RELATED PARTY IS THE MEMBER MANAGER OF THE REPORTING CORPORATION
Sir I have wyoming llc I am non usa citizen Sir what tax are good.for me Desregarded entity vs corporation 1120 I want to applay ein number Plz get help
It is too difficult to answer this in the abstract without knowing more about you and your business operations within the U.S. Please contact us via email and schedule a consultation: info@knottpllc.com
Congratulations for a excellent video. My business is an online academy. I have students of many countries Spanish speakers. What I need tu put in the field "Principal country (is) where business is conducted"? Have a nice day.
@@muhammaddfaheem4566 Yeah, I am done with the state filing fee. Currently working on filling form 1120 and 5472. Can you please tell me the answer to this question "Principal country (is) where business is conducted"? Should the answer be my home country or USA
Most detailed Form 5472 & Form1120 video for Foreign Owned DEs in CZcams. Thank you very much for this valuable content
Glad it was helpful!
The most clear, accurate and high value video about this topic on youtube ! Thank you
I've been searching for this info for 2 weeks. Thanks!
Glad I could help!
Question: What if Albert had a US Business Bank Account and US Virtual Address and Received Sales from US Customers Online? The business operates outside of the US sells eBooks online and is delivered via email. By the way excellent video. I will consider using your services to file my forms. How do I contact your office please?
This is an essential question.
Many people relate to this question, if you knew the answer please share with us.
I also need to know the answer to this question
it will be treated as Income from US
I have exactly the same case as Albert. The only difference is that my official business address is the same as the regestred agent address (in Colorado), this is only for privacy purposes, in order to not expose my home address on the public records. Does this affect my status "non engaged in USTOB"?
I hope to get an answer as I think many can relate to this case.
Thank you so much for this video, it is so helpful and insightful 🙏
Thank you Jason. Your video has so much detailed information and been really helpful
You're welcome!
Thank you for this really helpful and detailed video. My question is what if you're a foreign LLC conducting an Amazon FBA business ? Are you still in this totally foreign category or do you fall into the USTOB category ?
Awesome!
Thanks!
Thank you ,Brother
What a helpful video. Thank you so much.
Glad it was helpful!
Thanks Jason!, amazing and clear information
Hello. Very helpful video!. I just have one question
I noticed you skipped part IV and that one clearly states that "must be completed if the 'foreign person' box is checked in the heading for Part III". Is there any special consideration that allows it to be skipped in the context of a foreign-owned single member LLC? or was this because no field was applicable to your example and then it was okay to leave all blank?
I have the same case as Albert. The only difference is that my company address is the same as the registered agent's address (in New Mexico), this is only for privacy purposes, to not expose my home address on the public records. Does this affect my status as "non-engaged in USTOB"?
I hope to get an answer as I think many can relate to this case.
Thank you so much for this video, it is so helpful and insightful 🙏
I have exactly the same case as Albert. The only difference is that my official business address is the same as the regestred agent address (in Colorado), this is only for privacy purposes, in order to not expose my home address on the public records. Does this affect my status "non engaged in USTOB"?
Same question
that's perfect, i was looking for
Glad it was helpful!!
Thanks a lot for this great video, it contains tons of useful information.
Sorry, at the end im a bit confused. I’m not sure enough if having clients in US (for example selling by Amazon FBA), or contracting a service of postal address for the LLC, or having an US bank account , could cause your LLC to be considered as engaged in u.s. trader business. Please , could you clarify me this point? Thanks in advance
Same Question
Please answer
Hello Jason, thank you so much for this video. I have a situation here I need your help with:
So I formed an DE LLC on Nov 2018 (I'm the only member), and I got my EIN on March 2019. Honestlly I didn't file any form until today, and I decided ti file it now. My company was practly dead until last year when I start making some income.
HOW BAD IS MY SITUATION?
Hi Jason, relating to Part III if the related party is a foreign individual, why does everyone list a principle business activity and business activity code? Shouldn't it be blank or N/A. I know our software requires a business activity and business activity code, is that why everyone just enters the same activity and activity code of the reporting company for the foreign individual related party?
Jason, would you recommend the foreign individual also file a protective 1040NR if they were on the fence about being a USTOB? I know there is no checkbox like on the 1120F. Meaning if they were audited and determined USTOB, would the IRS also disallow their deductions that would receive the profits on the schedule C for the 1040NR?
Such an awesome video! Thank you for sharing!
You're welcome!
Would using the US address of your registered agent and a virtual US phone number still be ok for concluding the business has no trade/business in the US? (it truly hasn't, address and virtual phone number only used for image, ie: website, WhatsApp, email signature, etc). Thanks
Thank you for the great value video. In the example case, Is it necesary sign the form 1120?
Yes! The LLC owner should definitely sign and date the first page of the Form 1120 on the officer signature line. Enter the officers title, which is generally "Managing Member" for an LLC.
@@JasonDKnott thanks!!!!!!!
@@JasonDKnott Great video, thanks! Just one question: do we need to send the whole form 1120 (6 pages) with 5472, or just the first page of 1120 + the whole 5472? Thank you for your answer in advance.
Following.
Are these forms required only for US LLC's? How about if you are a foreign LLC (Active NFFE) receiving royalty payments from a US corporation and are claiming tax treaty benefits with W8-BEN-E (0 witholding tax). Are these forms required?
Thank you for the excellent tutorial! This is the best content for this that I've found on youtube. Form 5472 asks you to print and sign the form, but gives no space to sign it.
My question is, where do we sign form 5472?
Do we sign each page or just somewhere near the end?
The Form 5472 must include a proforma Form 1120. The owner of the LLC signs and dates page 1 of the Form 1120.
@@JasonDKnott Wow, that's excellent info to know. Thank you very much!
In my understanding of the instructions, they said "do not abbreviate the country name."
Hello Jason! thank you very much for the great explanation. I have a question: I am Spanish ( non - US resident with no office or employees ) and have the intention to run a conventional Wyoming LLC ( a "Disregarded" company by default). The business is about online consulting on business and technology ( for example, creating websites).I have asked some lawyers and public accredited accounts and, some of them have confirmed that I must only file 5472 and 1120, and other ones have confirmed that I must only file 1040R, as it is a disregarded company. Could you please let me know your feedback about it?
In case I must file 1040R, how would I be taxed on my US income not worldwide income?,right? ( I was told either 21% on my US income or between 10% - 37%). Thanks in advance :)
Hola Mónica, estoy en la misma tesitura que tú. Pudiste resolver esa duda? Yo crel que es el 1120 y 5472 solamente.
Hi Jason, Great video! I have a question, if I form an LLC in July 2022 with, lets say Zenbusiness like website, will have to file forms 1120 and 5472 including reportable transactions as contribution of payments and taxes for creation of the LLC next 2023 before April 15th.
If business starts running, and have income from customer payments in a US bank account, next 2023 and pay business expenses as Zenbusiness registered agent, etc from this US bank account; would I have to file forms 1120 and 5472 next year 2024 if I have no reportable transaction?
If business pays its expenses from its own US bank account and I dont move any money to my personal bank account in my country, would this be considered as having no reportable transaccions? If i'm not mistaken theres an exception and dont have to file this forms if not reportable transaction have been made over the year. Is this right?
Are cash withdrawls considered as a distribution? Are daily expenses as payments like for gas, food, restaurants, internet services, rentals considered as distributions?
Thank you!
Thank you for this awesome video. I will like to know how to generate the federal supporting statement document?
Thanks for your quick response. I understand the LLC is considered a disregarded entity. My question is why would he form a LLC in Delaware in the first place If he has no business in the US. Thanks
Great video Jason!! I have a question for you, If the LLc with two owner non us resident they can select the business be taxed as C-corp with the form 8832, but if the owners withraw money from the business what is the correct way to report this payment as a salary or reporting on the form 5472?
Thank you for this video! Does a F1120 need to be filed with 5472?
Do you provide a service to file tax for single member LLC with foreign member? I would like to pay you for this service
Fantastic videos, Jason! Do you offer to do these forms for an LLC (paid, of course)? How could I contact you in this regard?
Awesome in-depth video as always Jason, thanks a million!
1) I take it the way you field this out would also work for a foreign owned single member LLC that had zero activity for the year, since clearly it wouldn't be engaged in US Trade or business, however you looked at it. You would just have to add up start up costs and any money put into the LLC's bank account and add that as contributions I assume?
2) if I understand correctly a foreign owned multi member LLC (partnership) doesn't have to file the 5472?
Thanks again Jason!
Thanks for watching! Yes, that's correct, a foreign owned multi member LLC partnership does not complete Form 5472. Form 5472 would likely be completed if the LLC filed an election to be taxed as a C corporation, so it would need to disclose any 25% or greater shareholders on the Form 5472.
Hey my english is very crippled so I want to ask, I have a non us resident LLC with single member but I haven't made any profits or anything so except with the money I have in the bank there were no transactions. Do I have to file the form? People tell me I don't have to do anything and the company will be shut down within 3 years
@@sancakli454 In my experience Jason doesn't reply twice to a comment, so you're best off directly commenting on a video and not someones comment, but he's a very busy man I'm sure, so he doesn't get to all comments.
Not legal advice but for what its worth, this is what I have read from multiple sources, if the LLC is in Wyoming then you don't need to pay to terminate it as, as you say, in 3 months it will just be terminated if no state fees and annual docs are filled. However, I believe that's not the case in most other states so where your LLC is formed is very important.
Then as for the from 5472, if its a Single member, the IRS are still going to want you to file the forms! In my opinion its not worth taking the risk and not filling.... I was in your case also, no economic activity, just fees I had paid to set up the business, filling fees, domain name etc. So I simply filled in the 1120 and the 5472 just like Jason did in this video. For the statement page I copied Jason's, but for Capital Contributions I put the total of all my set up costs and for Capital Distributions I put 0 since there haven't been any.
Again not legal advice, to the best of my knowledge it will be correct like this, but I could be missing something since I'm not an expert, but either way, even if I had got a detail wrong, it's surely going to be better than not sending anything at all.... ;)
I sent it to the IRS using my anveo.com account (you can get a US number for a few dollars that can send and receive faxes), I tested my faxes before sending using these 2 fax services also faxburner.com and faxbetter.com. Also for editing, merging all the PDFs together and resizing pages I used this free online PDF editor: sejda.com/pdf-editor
Oh and for the Statements page, I search online for one and took screenshots, then edited it in a photo editor ;)
I hope that helps Sancakli, good luck!
A flip home business LLC with multi member is considered trade business even though their owners doesn’t live in USA?
@@sancakli454 In fact, if I am not mistaken, even if you do not have any transaction or profit, you still have to file the tax forms. Otherwise you get a penalty of 25.000 US$. Last day for filing is April 18,2023.
What are the requirements for non-resident single member llc that only works with Amazon on book publishing business on kdp. Please make a video regarding such businesses in detail, thank you
Thank you for informative video.Why is Part 1V left blank. What does monetary transactions between reporting corporation and foreign related party mean?
Hi Jason, where do you get the supporting statement files? Can it have any format at all or there are specific requirements?
So can i file my 1120&5472 just like you’ve shown in your video because all the money i had received was through wire transfer from a UK company in my usd transferwise account which i later transferred to myself in my home country (no. Usa citizen )
Great video, Jason! On slide 3, your comment about a foreign corporation owning the single-member LLC and the foreign corporation being subject to branch profits tax when the LLC is USTOB. I have read that the foreign corporation is only subject to branch profits tax if the foreign corporation has a permanent establishment (PE) in the U.S.? Can you clarify that part or correct it if not accurate (my comment). Thank you.
Good question! If a foreign corporation has a PE in the U.S., it effectively means the entire earnings of the foreign corporation are subject to U.S. taxes. Foreign corporations are subject to BPT if they have a U.S. branch that generates ECI, even in cases where there is no U.S. PE. This is why many foreign corporations have a U.S. corporate subsidiary to conduct U.S. operations because it insulates the foreign corporation from any USTOB, ECI or BPT issues.
Is it true that a US corp owned by a foreign corp, has the dividend withholding tax which can be reduced by the treaty, which is different from the branch profits tax (even though the same rate)?
Also, if the branch does not generate ECI, does that mean the foreign corp is NOT subject to the branch profits tax (when an SM LLC DE is owned by a foreign corp)? Thanks for your input. @@JasonDKnott
Jason, do you think a Regus-type office (used for Google business profile many times) would be viewed as a US office vs. a virtual address and move the needle to be considered to have a USTOB or even a PE? Or does a "US office" definition include a "remote worker" or employee also hired by the same entity vs. Regus, in which the package includes a shared receptionist to answer phones and represent your office? I appreciate any help you can provide.
Only the first page of the form 1120 is filled. Should the whole form enclosed with the fax as a cover? Or the first page only?
All of the payments are made from Turkey clients. Will IRS detect it automatically and so I will be no subject to taxes? Or do I have to do something to let IRS know payments were from outside of the US. Thanks
For NRA that lives in the USA also is considered resident because the present days that live in the USA correct?
Yes, if you have a nonresident person living in the USA enough days to meet the substantial presence test, that person becomes a U.S. tax resident. If that person owns 100% of a US disregarded entity (DRE), the 100% owner needs to file a Form 1040 and report the activities of the DRE LLC on their personal tax return.
Very helpful, thanks!
You're welcome!
Hi Jason, thank you for your videos. Do you have a website for your CPA services?
Hello! If My LLC was created this january2024, and only had expenses, still not any revenue, do I have to file the 5472/1120 this year? plus, I provide back office virtual services, does that make me USTOB?
Great video...what should I write in title if I'm a foreign owned single member LLC?? Owner? Member?
And for form 1120...do I send only page 1??
Hi Jason! Great video, thank you!. Must the business address in forms 1120 and 5472 be the same as the one entered in the SS4 form?
Yes
Hello Jason, would this video help me if I only want to sell 100% digital products (Design websites, sell online logos, etc) on my website? Potential buyers of my services are people from the United States and around the world.
Apparently, Amazon FBA is ok, you don't fall into USTOB but if you sell stock media (photographies, videos…) on sites like iStockphoto, Shutterstock and others or sell print on demand with Etsy, Merch by Amazon and others, will they apply a 30% withdrawal tax? If let say, Stock media does and Print of demand don't, is it possible to open an LLC for one and do the other as individual, or everything as to be done through an LLC?
Thanks for the tutorial. Quick question to clarify - if I am like Albert from your example, do I leave the first page of form 1120 blank? Income, deductions, etc, all those fields/calculations should be entered only if US taxation is involved?
Hi where do I get this "Federal Supporting Statements" form ? Which is at the end of the video
This statement was generated automatically using the tax software. You can make your own versions manually and add to your tax return
Maybe I missed it but why did Albert become a disregarded LLC in the first place if he has no business in the US?
Every U.S. LLC is automatically a disregarded entity if the entity is formed with only one owner. This rule applies regardless of whether or not the LLC is engaged in business in the U.S. The LLC has the option to file an election to be taxed as a "C" corporation by filing Form 8832, which makes the entity a regarded entity for tax purposes.
Min 14:20 but you can efax it right?. Also the first page of proforma 1120, if you used a registered agent to incorportae the llc (1st year initial return) my cpa filled in box 17 for taxes / licenses paid, is that incorrect?
best regards,
It's May 13 now, can I fax the 5472 and 1120 form now? Will I be charged for $25000?
Same question...
Did you found the answer?
There is no consistency with the IRS. I have seen taxpayers file the form late and receive no penalty notice, and others that do receive a penalty notice. If we file a return for a client that is a late filer, we attach a reasonable cause statement requesting the IRS not assess penalties.
Can you help me to help my new client in India, having single personal llc , is with ssn through her husband as H4 EAD , Now working from india from last three years provide IT consulting to us client , filing as Schedule C and pay tax in 1040 NR . She need help for compliance to IRS .
I have one more question, why foreign person incorporate US LLC, when they don't have US bank account nor US clients? is there any special attraction of incorporating US LLC?
1. Should we send all 6 pages of form 1120 though only 1st page is filled?
2. Can we merge 1120, 5472, supporting statement, llc registration receipt all as one single merged pdf?
I have an online business on Amazon, I am owner of LLC, I have ITIN so which forms I to fill and file the tax?
Thanks in advance
I missed the declaration deadline but I will send it anyway. Will I be fined $25,000?
Thank you so much for your video! this is very helpful and thorough! Just wondering where I can find the federal supporting statements document you used on the last page for the 5472? Is that another form or can be done in a simple word document? thank you!
You can create your format in word. The Form 5472 in this tutorial was prepared using Drake Tax Software, which generates a supporting statement within the program.
@@JasonDKnott I use Drake. Love it. I'm a CPA. Loved your video.
Thank Jason for the video. But I still have a question: If I, as a German citizen, provide a digital service with my US LLC to another US LLC (which is also owned by a German citizen), is this taxable in the USA?
i don't think so, bc you're not a tax resident of the US
can a foreign Multiple member LLc be a foreign owned desergarded entity
thanks
Not if it has more than one owner. A disregarded entity has only one LLC member. If the LLC has more than one LLC member, it is no longer a disregarded entity, it is a multi member LLC, which is by default treated as a partnership. The LLC can elect to be treated as a "C" corporation if it files IRS Form 8832
Hi. I had a registered Delaware US LLC as a non-u.s citizen but didn't pay the yearly franchise fee to have the business up and running and never filed the 5472. How do I close off any relation to this business if i want to form a new one.
I would first check with the state registrar to see whether the entity is still active. It is likely that the entity was administratively dissolved at the state level.
Great video with explanation. If I am only the Member though, am I still considered by default the managing member and does it matter if I put my title as Member or Managing Member on both forms?
Not necessarily, as it depends upon the terms of the LLC operating agreement. There are many single member LLCs which appoint a separate person as the LLC manager. Look to the LLC operating agreement to determine who is the appropriate person to sign the tax returns, and what is their appropriate title.
Hello Jason, Does a non-resident that lives in the US, under a student visa, who created a single member LLC and had income...does this person needs to file Form 5472? I know he has to file 1040NR
Thank you so much Jason, I have one final question. Regarding Part I 3. Check here if the reporting corporation is a foreign-owned domestic disregarded entity (foreign-owned U.S. DE) treated as a corporation for purposes of section 6038A. What does treated as a corporation mean? Would it imply taxation in capital gains (it's my only concern)?
This means treating the company as a corporation but only within the meaning of 6038A
Hello Jason , thanks for the valuable info you sharing, I set up LLC In Wyoing activity Social Media and wanna do business on Real Estate industry buying Lands and engaging in wholesale Realestate in different States.
- Is it a problem for me if doing different activity with the LLC as for now I want to Only do RealEstate business with the LLC.
- What are the Taxes I need to file for the LLC.
- FERPTA will be applied when selling any property as foreigner , what file should i submit.
Hello!
I have a question. I have single member LLC in united state haven't earned a single dollar yet. So what types of form do I required? And how should I fill that form?
Thanks an advance
Hello and thank you very much for this video, I am a tax resident abroad, so this is not the form I have to fill out to withdraw money from my Single Member LLC?
And thank you again Cyril
If you are a nonresident alien for federal tax purposes and you are the sole owner of a U.S. LLC treated as a disregarded entity, then you generally need to file the Form 5472 regardless of whether you take any distributions
hi respected sir
i am the owner of a disregarded LLC and i live in pakistan and i am an ITIN holder
do i really need to file 5472,1120 and 1040NR?
Yes you do
Jason, thanks for your videos, they are very useful to complete my forms! I have a very basic query, once I have the completed forms 1120 and 5472, where do I send them? Is there an email address, a fax number or some program where I must upload my forms to the IRS? Thank you!
go to IRS and download the instructions for Form 5472. you have the info there in the section "when and where to file"
In my Stripe account, I fill out the W-9 form instead of the W8-BEN. I never received or sent any type of payment in this account. What should I do to correct this error?
You can always login to your Stripe account and update the tax interview questions. With the updated answers to the interview questions, it will likely ask you to complete a Form W-8BEN in lieu of the Form W-9, assuming you are a nonresident individual owner of the disregarded LLC.
Hi Jason, I completed my f1120 and f5472, but I have a doubt about the LLC conformation cost (Agent) should be in the Total Assets field, right?
I also wonder how I should indicate the payment I made to the registered agent while forming the LLC in US.
@@newvision-6 if you paid the registered agent and didn’t withhold taxes and it was over $600 then you would need to get their Tax ID number by requesting a w9 and issue them a 1099, then you would record it on the 1120 line 26 and attach a statement (which states payment to contractors)
Thank you.🙏 @@KristieWithaK80
What's the best way to reach out for a consultation?
Thank you so much
Dear Jason, my LLC doesn’t even have a bank account opened and connected to it, because my business partner unfortunately passed away, so I didn’t have the strength to continue doing our business idea without her.
That’s why (in my opinion) I don’t have ANY reportable transactions whatsoever, zero.
What do you think, am I somehow also obligated to file this report or I can relax and forget about it?
Got your answer?
Nice Video,but if the Person ilive Outside USA and make LLC with the 2 Persons and IRS is Taxed how PARTNERSHIP then in this case Only file the Form 1065 and K-1 and the last the 1040NR, I.E. in this case ( PARTNERSHIP) I´m do NOT have the file the 5472 and 1120 ok?
That is correct. The Form 5472 is filed for a foreign-owned single member LLC that is a disregarded entity, and for a domestic C corporation that has greater than 25% foreign shareholder owners. A Form 1065 filing with foreign partners does not require filing Form 5472.
@Jason D. Knott Thank you.👍😎
Thank you so much for this valuable content. I have a WY foreign owned single member LLC, registered on 24th September 2021 with an EIN assigned in October 2021.
Although the IRS assigned me an EIN without any complications, I made two mistakes in filling out the application form SS-4:
1) Line 11: Wrong Date business started: my business was actually started on date 09-24-2021, but I entered the wrong date 11-01-2021, and
2) Line 12: For Closing month of accounting year I entered MARCH instead of DECEMBER.
Question: I am not sure, what should be the corect period for tax year reporting to IRS, form 5472 and Form 1120:
1) Is it from 09-01-2021 to 12-31-2021 or
2) from 09-01-2021 to 03-31-2022?
Acording to IRS Instructions for form 5472: "The foreign-owned U.S. DE has the same tax year used by its owner for U.S. tax filing requirements or, if none, the calendar year."
Since my personal tax year in my country is the calendar year, do these IRS instructions prevail over my statement in Form SS-4, line 12, and do I need to consider a calendar year?
Also, I did find Form 1128 for changing the Fiscal Year End, but not for a corporation adopting its first tax year. And I don't see anything about changing the start date.
Email us we will tell you all .
Is it me or is it impossible to have non-reportable transactions? It seems even the fees to form the LLC (paid by related party) are considered reportable transactions.
Yes, the fees to form an LLC would be a reportable transaction. It's clear that when the rules were drafted they wanted virtually all foreign owned disregarded LLCs to file Form 5472.
@@JasonDKnott Thank you!
@@JasonDKnott Excellent video, thanks! The "reportable transactions" apply also to New Mexico stablished LLC´s? Thanks
Can I use 2021 form for year 2022? Because I had no transaction, company not in operation, so I just need to change the date instead of filing the whole form again.
Where can i get the final form (federal supporting statements) in order do declare capital contributions?
The supporting statement was generated using the tax software we utilize to prepare and file the tax returns. Each tax software has a different format for the statements. If you are preparing the filings by hand without using any tax preparation software, you can prepare a similar statement in a word document.
@@JasonDKnott Thank you so much!
Thank you for the details and such a great educational video. I only have one question, I have a WY Foreign Owen single member llc with an EIN, I created the llc in June last year but due to COVID, I couldn’t start my business plan, So in the Form 5472 Part IV, is there a place to mention the cost that I gave to the registered agent + WY State Fees + WY Annual Compliance Fees. Other than that, I just did some test transactions of $1 in my bank to check the activity. Appreciate all your help. Keep doing the good work. Thank you!
Any update?
In this situation you just need to RELATED PARTY TRANSACTIONS.
Have you sent any money to US LLC from your personal bank account?
And have you withdrawn any money from US company bank account to your personal bank?
And also formation cost of the LLC.
@@muhammaddfaheem4566 only $1 test transaction from my US personal account to business checking. No money withdrawan. Do you know where do I mention the amount paid to the registered agent and state wyoming fees for starting up the business and renewal charges for this year?
@@VinodKumar-qu5or THATS FORMATIONS FEES AND ITS ENTERED AS REPORTABLE TRANSACTIONS
Hello, thank you for providing such a good video. I sent both forms by fax. How do I confirm that the IRS has accepted my form and that the tax return is successful?
Hi. IRS doesn't send any confirmation :( So If you send it via fax, that's ok :)
IRS doesn't send a confirmation whether you send via Fax or US mail. This is one of the unfortunate limitations with no e-filing, as we don't get an affirmative confirmation. Hopefully, in the future, the IRS will allow us to e-file these forms.
Thank you so much for all these information!!! Are you providing taxes filling services, and how can I reach you please?
Thanks in advance!
Thanks for watching! Yes, if you need some assistance with tax filings, please email us at: info@knottpllc.com
@@JasonDKnott Appreciated!
If the LLC is based out of Delaware. Are we required to file a state return as well?
Generally, no. Delaware only requires a state filing if you are engaged in business within the state of Delaware. Simply having a Delaware entity does not make you engaged in business within the state.
If in my K1 Part III box 1 i don't have ordinary business income and i have it in the box 2 , still need to file? (excellent video btw)
What if I did 396$ sales in dec my llc was formed in sep and sales started in dec 22
Reference ID number can be used another when you start another llc?
How do we get the template for the supporting document
Do foreigners who own sole proprietorships need to file Form 5472?
Hello, I cannot find anywhere a template for the federal supporting statements, anybody had more luck? thanks
What will the filing requirement be on the state level?
Tell me state name
Generally there are no filing obligations at the state level, so long as you formed your entity in a state that does not impose state level taxes (e.g., Florida, Wyoming, Delaware)
I have the same case, I am a non-resident alien, I had no activity, I am a single member, it is my first time to file, but the address of my LLC is in Florida. What should I do, please?
Every foreign owned SMLLC that is a disregarded entity must file the Form 5472 with a proforma Form 1120. If the entity was formed during 2021, the filing deadline for the 2021 Form 5472 is April 18, 2022.
Great content!
What if my disregarded LLC was form in Feb 2022, I haven't conducted any business as my bank account is still under review, do I still need to file those reports?
Thank you!
@@JasonDKnott So that means if LLC is formed in Feb 2022 deadline would be April 15, 2023 right?
@@alexgoribar7898 file form 1120 and 5472 before 15 April 2023.
@@ismetdumlupinar thank you for your help!
Do you offer training for international tax ?
Im a foreigner and I got my Wyoming LLC registered on 8 December 2021, got my EIN on 28 JAN 2022 and bank account was approved on 11 feb 2022, till now company haven’t earned anything because we didn’t started operation yet, so I wanted to know dose my company eligible to pay any tax in USA with zero income and do i need to file tax return? Secondly to return file tax we need EIN or ITIN ?
No need to get ITIN.
According to IRS instructions you need to file just 2 informational forms.
1120 and 5472 form .
There is no income tax for foreigners because it's a disregarded entity.
As I outlined in the video, the disregarded LLC is subject to tax if the business is engaged in U.S. trade or business, or it receives U.S. source FDAP income. If the entity is owned by a foreign individual and is subject to taxes, the individual needs an ITIN to file the Form 1040-NR. If you determine that your business is not engaged in U.S. trade or business and owes no taxes, then you do not need an ITIN. You still need to file the Form 5471 with a proforma Form 1120.
@@muhammaddfaheem4566 Thanks for the help, so we need to hire an Accountant for filing 5472 and 1120 ?
@@JasonDKnott Thanks for the help, We don't have physical office or any employee apart from the registered agent in Wyoming, we provide online services and charge against it, so i thing that's not comes under actual trade or business or FDAP income right?
Thanks for the clear explanation, a potential client mentioned that I would have to present them with a W9, I'm a foreigner and have established a single propietor LLC and will be developing custom software for them from my home country, would it be correct that I provide them with a W9?
An LLC that is a disregarded entity does not complete its own withholding certificate. If the sole owner is a foreign person, you would need to complete a Form W-8BEN as an individual, or if the LLC is owned by a foreign corporation, you would complete Form W-8BEN-E. The LLC can complete a Form W-9 if it is a U.S. person for federal tax purposes, which is either an LLC taxed as a "C" corporation, an LLC taxed as a partnership, or an LLC taxed as an "S" Corporation.
@@JasonDKnott thanks so much!
Thanks for the video. I have a WY Foreign Owned single member llc with an EIN, I created the llc in Dec 2021 and a bank account.I had no activity. I did not put any money into the LLC account. Form 5472 Part V, I attach a statement of LLC formation fee. Form 5472 Part VI, still need to choose? Do I still need a statement for Part VI like: THE FOREIGN RELATED PARTY IS THE MEMBER MANAGER OF THE REPORTING CORPORATION
Same question here
Sir I have wyoming llc
I am non usa citizen
Sir what tax are good.for me
Desregarded entity vs corporation 1120
I want to applay ein number
Plz get help
It is too difficult to answer this in the abstract without knowing more about you and your business operations within the U.S. Please contact us via email and schedule a consultation: info@knottpllc.com
You should get rewards
Thanx
You're welcome!
Congratulations for a excellent video. My business is an online academy. I have students of many countries Spanish speakers. What I need tu put in the field "Principal country (is) where business is conducted"? Have a nice day.
Do not file wrongly.
It's a single member LLC or C Corporation?
@@muhammaddfaheem4566 I have a single member llc for conducting online business, can you tell me what to put in that place?
@@hamzajamil9434 you need to file 1120 and 5472 forms and also need to pay state annual fee.
@@muhammaddfaheem4566 Yeah, I am done with the state filing fee. Currently working on filling form 1120 and 5472.
Can you please tell me the answer to this question "Principal country (is) where business is conducted"?
Should the answer be my home country or USA
@@muhammaddfaheem4566 Can you also tell me where I can put the costs of filing+registered agent+website etc and other expenses, is it 1f?