Should I pay federal taxes for the USA?

DarkMonza

Active Member
Hey, guys,

My situation is as follows:

I am Brazilian, I have an LLC - Delaware. I don't live in the USA (i'm digital nomad). I have had the company for 2 years, I have never paid taxes for the IRS (only the annual state tax). I've never sold to the U.S., I have no U.S. employees or residents. I've always tried to avoid anything with the U.S. to avoid possible taxes. According to my research on the Internet, I do not apply to paying federal taxes in the U.S., because I have no dependent agents and for some other reasons.

But I'm starting a new ecommerce, I'm thinking of selling to American customers through Stripe. The ecommerce is dropshipping, I wouldn't have American employees, I don't have warehouses in the US.

In that case, if I sell products to Americans would I have to pay taxes for the American IRS?

Below are some things I found on the subject. According to what I read, I could sell without worrying about federal taxes. I would have to pay federal taxes only if I had dependent agents. Does anyone here really know about this?

Non-US Entrepreneurs: You Can Sell Products into the US without Paying US Tax – US Tax Services
US LLC Taxes - A tax haven for foreigners, and still a good option for US taxpayers - Online Taxman


Any opinion is welcome, thank you for the attention of everyone who can help me. Thank you.
 

fshore

Trusted Member
Business Angel
The US LLC is disregarded for taxes. So you should pay US taxes only if you should pay US taxes if you didn't trade through the LLC.
 

fshore

Trusted Member
Business Angel
Haha, yes I was struggling with that sentence.
Trying again

You should pay US taxes if you should pay US taxes when you trade without the LLC.
 

DarkMonza

Active Member
Essentially true, but note that you still need to report to the IRS via forms 5472 and 1120, even if you pay no tax.
Dude, now I'm having doubts.

My LLC is multi-member. We're 2 foreign partners. According to what I've researched, I don't need to file forms 5472 + 1120. Below, I'm posting the link to the information I found.

Form 5472 & Foreign-owned US Single-Member LLCs | LLC Univeristy®

This is mentioning that I should fill out form 1065 and provide the K-1 of the members. But I don't have revenue sources in the US, so I can't report revenue sources to the IRS.

I'm a little confused about what I should (or already should) have done. Sorry if I expressed myself incorrectly, I should have mentioned that it is not a single member LLC.
 

DarkMonza

Active Member
Well, now I'm in doubt.

Just complementing about the Form 1065:


''Foreign partnerships with income in the U.S. must also file Form 1065. As of 2018, foreign partnerships earning less than $20,000 in the country or partnerships that receive less than 1% of their income in the U.S. may not have to file.''

So far I don't have any U.S. income. Only sales to other countries. Now, I do not know if I am applicable to Form 1065 and K-1. And according to the link I sent in the last comment, I am also not applicable to Forms 5472 and 1120. Please, if these links are wrong, let me know. I'm not sure what I should declare to the IRS.
 

fshore

Trusted Member
Business Angel
You are not a foreign partnership, you are a US partnership and need to file a tax return for the partnership.
 

DarkMonza

Active Member
You are not a foreign partnership, you are a US partnership and need to file a tax return for the partnership.
Well, then if I understand correctly I must fill out the Form 1065 + K-1, because the LLC Multi-Member is treated as a partnership.

However, it does not apply to personal tax returns for partners who do not participate in trading activities within the USA (effectively connected income).
 

Martin Everson

Offshore Consultant
Business Angel
You coming from Brazil a country with the second most complex tax system in the world, filing US taxes should be a breeze for you.smi(&%

I would firstly get professional tax advice at this stage. I would secondly weigh up your perceived advantages of using a US company to do business....really carefully.ns2
 
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