Non Resident LLC "Pysical Presence" for Shopify/Stripe

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edmund

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Feb 14, 2024
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Wondering if someone can help.

I've setup a US LLC (Delaware) for my dropshipping business, i'm a UK resident also with a UK Ltd and have been running the business via my UK company for a number of months.

I've setup the LLC as most of our customers are US based (80%), i have a Mercury bank account & EIN. I know that it can be hard to get a US processor without a SSN it seems, so plan on using Shopify payments to start with, but they require proof of "US physical presence" in the form of Lease agreement or Utility bill in the LLC's name at the US business address. Having looked around i've found a couple of solutions to this - namely virtual offices that supply a lease agreement or some that can supply a utility bill by getting a telephone line setup for you at the virtual office in your llc's name.

The question is now i know that i could get this proof of "physical US presence" to satisfy shopify payments or stripe, but does this affect the tax i could be liable for in the US?

The plan was to run everything through the llc and move the profits back to the UK Ltd and pay all the required taxes here in the UK, as the LLC is a pass through. Will the "physical presence" change that? even though it's really in effect not a real physical presence, as no stock is being held in the US, no staff etc. Everything is shipped from China and the company is run by me from here in the UK.
 
Sols said:
Why did you set up a US LLC? Can't your US customers just buy from your UK company instead?
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Yeah they can, but more transactions get declined across the pond than the processing being done in the US. I'm also looking to leave the UK in the not too distant future, so will need to cut all ties when i do.
 
edmund said:
Yeah they can, but more transactions get declined across the pond than the processing being done in the US.
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I know that's the case in some countries but I'm surprised to hear you're having issues with US cards in the UK. I've never noticed any difference in conversion for US cards with processing in EU/UK vs domestic US.

edmund said:
The question is now i know that i could get this proof of "physical US presence" to satisfy shopify payments or stripe, but does this affect the tax i could be liable for in the US?
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Yes, it increases your connections to the US which can make your income in scope for tax in the US.

However, in reality, the IRS doesn't have the resources or priority to go after LLCs owned by non-resident aliens. If you're not a high profile target or do something that triggers an investigation, the IRS will probably never even notice you.

edmund said:
The plan was to run everything through the llc and move the profits back to the UK Ltd and pay all the required taxes here in the UK, as the LLC is a pass through. Will the "physical presence" change that? even though it's really in effect not a real physical presence, as no stock is being held in the US, no staff etc. Everything is shipped from China and the company is run by me from here in the UK.
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If you end up paying taxes in the US, you might be able to use that as tax credits in the UK so you don't pay taxes twice.

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This is the probably the answer to your question.
 
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