Do foreign SMLLC owners need to submit 1040NR?

[Milommm]

Honestly, I'd love to see answers from people in a similar situation to me. Because I read too many articles, some said it was necessary and some said it was not necessary, which made me very irritated.

I own a Wyoming SMLCC, registered in August 2023, and use Stripe to sell my software. I have an EIN and Stripe will send the money to my Mercury bank account. this is all.

I received the 1099k form from Stripe. The amount collected in 2023 will be almost $50,000. While I know I have American users, I can barely pinpoint who is actually from the United States.

I have no U.S. entities and no U.S. employees. Except for Stripe and Mercury, as well as my securities merchants, I don’t seem to have any connection with the United States.

My country has an income tax treaty with the United States. Business profits from a permanent establishment in the United States do not need to be taxed in the United States.

That's all my situation. I have submitted forms 1120 and 5472.

I don't have an ITIN and I'm not sure if I need to submit form 1040NR. Do you have similar experiences? Can you tell me how you did it?

 

[Xshore]

You would only file 1040NR if you have taxable income. A CPA might tell you that the tax code is unclear and the income might be taxable, so you might want to file a protective treaty return to claim the tax treaty, as you couldn't do that if you didn't file it (if IRS should determine that the income was taxable in the US).
However, the income is most probably not taxable in the US based on what you wrote.

 

[Milommm]

You would only file 1040NR if you have ta×able income. A CPA might tell you that the ta× code is unclear and the income might be ta×able, so you might want to file a protective treaty return to claim the ta× treaty, as you couldn't do that if you didn't file it （if IRS should determine that the income was ta×able in the US）.
However, the income is most probably not ta×able in the US based on what you wrote.

Thanks for your reply. My CPA tells me I don't need to file a 1040-NR. Anyway, I plan to listen to CPA first. If there are other changes, please wait for the IRS to contact me.