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Delaware LLC disregarded entity, US bank accounts and EIN: how do they mix?

blaise

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Apr 17, 2020
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Hello all,

New to the forum here. I have a couple of questions on Delaware LLCs owned by a non US person who is not a US resident. AFAIK such an LLC is considered a disregarded entity by the IRS, if the LLC does not have any US source income.


1) Does having a US bank account for such an LLC alters the disregarded status of the LLC in any way?

I mean that the LCC certainly does not have an income from the bank, so this cannot be considered US source income.

However, the bank will be making some money from the LLC in the form of various bank fees so I wonder whether this would be enough to alter the disregarded status.

The same question would apply to merchant accounts or services such as Paypal.


2) As a disregarded entity the LLC does not need an EIN.

However, to open a US bank account an EIN is required.

I understand if the LLC has an EIN it would need to file tax reports. But would the LLC have to pay any taxes on non US source income?


Any input would be appreciated, thanks in advance.