Llc usa with bank account. Taxes

[Fulton Abraham Sanchez]

We have foreign⁠ clients who own LLCs in the USA and whatever the type of product or service⁤ they sell or provide, they pay taxes if the income comes from US sources. I⁣ know there are attorneys in the internet saying that you do not have to pay⁢ taxes because you are not etbus. We disagree. If you sell a product in the︀ US, you have to collect and pay sales tax to the state you are selling︁ at (for multiple state selling that starts after 100K). Same principle applies to income tax.︂

 

[uplana]

so we may get an third party source like PWC, Deliotte or so to⁠ understand what is up and down here!

 

[fshore]

It can be hard to︀ really understand what it means that an entity is disregarded for taxes. But when you︁ do understand it then things get clearer.

 

[yngmind]

You won't pay taxes only in case you haven't got customers in US, if you‌ did, you will. Very simple and not even Delaware LLC will allow you to avoid‍ US taxes.

 

[fshore]

You mean that any person or company worldwide⁠ have to pay US taxes if they have customers in the US?

 

[yngmind]

Depends, if there is a‍ tax treaties with your country with US, you pay taxes in your country only.

you can check it there Tax Treaties | Internal Revenue Service

 

[Zaki]

that's not true at all

1. If you're providing⁠ services to US customers then There Should be NO Taxes to pay to the IRS.⁤
   Reference: Publication 515 (2021), Withholding of Tax on Nonresident Aliens and Foreign Entities | Internal⁣ Revenue Service
   
2. If you're selling physical products to us customers you may have to pay⁢ sales taxes if you passed the state threshold(that's not a big problem there are some︀ software that calculates sales tax depend on the state and add it to the total︁ price, everything is automatically filled and invoiced; no need for accounting).
   

 

[Zaki]

No
this is confusing and vague

 

[ernestdezoe]

Of course withholding is not due,︀ they get them with Sales taxes with nexus starting as low as 50k in some︁ states, and the most importantly the federal income tax on the yearly income of the︂ Delaware LLC

It is important to think when reading documents . Do you really believe︃ not paying US taxes would be as easy as setting a Delaware LLC?

How would︄ the US be able to collect the trillions of dollars it collects in taxes yearly︅ if the barrier to tax avoidance was so low?

 

[Zaki]

No
this is confusing and vague:
as An NRA we only pay taxes if :⁣

1. in case of FDEP(FDAP is an acronym for Fixed or Determinable, Annual or Periodic. );⁢ interest, royalties, rents, pensions...
   in that case, your payee keeps 30% of the sum they︀ are paying you and remits this sum to the IRS.
   only, in this case, you︁ should have a look at the IRS website to see if there is a tax︂ treaty between us and your country. if it is you need to submit Form W-8BEN︃ in order to reduce the rate of, or exemption from, withholding.
   Note: file W-8BEN if︄ the US SMLLC is owned by a person.
   file W-8BEN-E if the US SMLLC is︅ owned by a foreign company.
   
2. In case of ETBUS-->if you have at least one︆ dependent agent(Companies or individuals who provide services exclusively to you )
   -->or if you operate︇ in the US through a “permanent establishment;(an office or other fixed place of business).
   -->or you are performing services inside the US.
   -->if you lived in the US long enough︈ to pass the “substantial presence test.