I'm a non-US resident who last year formed a single-member LLCs in Wyoming. The LLC has been operating outside the US (no US income generated or substantial presence) therefore I never filed for EIN but now I'm wondering if I should file a tax return to IRS. I wish I paid my income tax in my country and a tax treaty signed between US and Poland allows me to do so but shall I also file any document to IRS? I have found the following instructions on the non-US single member LLCs but they say nothing about IRS filing obligations: http://www.mbbp.com/resources/tax/us-persons.html#footnotes
You should definitely file a tax return with the IRS. Under U.S. tax rules, a single member LLC that is owned by a non-U.S. tax resident is required to file an annual Form 5472 and attach the form to a proforma Form 1120. The returns cannot be electronically filed, so you will need to mail or fax the return to the appropriate IRS office.
These filngs are required even if you have no U.S. source income or physical presence within the U.S. If the LLC filed an election to be taxed as a C corporation, the LLC would file a Form 1120 instead. In order to file the Form 5472, the LLC will need an EIN which you can apply for by submitting a Form SS-4. If you're a non U.S. resident without a SSN, you won't be able to apply for an EIN using the IRS online system. You need to fill out a paper Form SS-4 and mail or fax the form to the IRS. Non-U.S. residents should indicate "FOREIGN" on Line 7b which communicates to the IRS that the responsible party is a non-U.S. person without an SSN.
Answered 4 years ago
Access 20,000+ Startup Experts, 650+ masterclass videos, 1,000+ in-depth guides, and all the software tools you need to launch and grow quickly.
Already a member? Sign in