LLC in DE getting money from U.S company

[Dubsize]

Hi Guys,

I am a non U.S citizen neither resident and I would like to inc. a Delaware LLC.

However, the company monthly income will come from a U.S company and the wire will come from their U.S bank account.

will this income be taxable as it comes from the U.S?

thanks

 

[W4rhol]

Yes

 

[Bizfiling]

yes and no / if there is no physical presence /office in DE then no corporate tax / but Federal taxes apply

 

[sglion]

Have you consult this directly to a Tax adviser in the USA? And you should try to find out more about tax reform in the US...

Cheers

 

[Samuel Newman]

it depends
the answer is NO if it is not US source income
it is neccessary to have detailde bussiness description to figure out

 

[Dubsize]

it depends
the answer is NO if it is not US source income
it is neccessary to have detailde bussiness description to figure out

+++
let say, the DE LLC is offering consultancy services to an other U.S company.
the DE LLC gets one wire every month from this U.S company.
but, the consultancy itself which is more intermediation is between companies outside the U.S.. not sure if it's clear

 

[Bizfiling]

that will work , but why do you use a LLC ? there might be tax issues / tax through entity / disregarded single member LLC , Double tax agreements etc etc

 

[Dubsize]

that will work , but why do you use a LLC ? there might be tax issues / tax through entity / disregarded single member LLC , Double tax agreements etc etc

so what do you suggest?

 

[Bizfiling]

Form a Inc like Facebook , Twitter etc

 

[fshore]

A US llc is tax transparent, so the transaction, if taxable, would be taxable also if you sell as a foreign person/company to the US customer.
Sales to us person might be taxable (even for foreigners) if the sales is "regular, substantial and continuous" but in many cases a tax treaty will avoid any tax responsibility for the foreign seller (including the foreign sole member of a disregarded US llc).

 

[Mark Rucken]

Single member Delaware LLC will not be taxed in the US even if you work (receive or send funds) to US clients. It is important that you are not a US resident and that you do not have any kind of physical presence in the United States. DE LLCs have the so-called pass-through taxation system and all taxes pass through the entity to the end owner who should later report that profit in their home country.

 

[jackfrost]

Do not form an Inc (corp tax) and do not work on US soil (US sourced income) then the double tax treaties with your tax residency would likely apply and shift the taxation over to that country.