LLC Tax election

We are based in Australia. Interested in forming an LLC in US. There will be 2 Non-US members (husband & wife) of the LLC. The company will be actively running a business dealing mainly in electronics products. There would be payment send overseas for goods purchase/import and funds received from US & Canadaian companies/institutions/individuals for goods sold. We have been reading few things on internet and some suggest to elect an LLC to be taxed as a corporation but this is only available for members with SSN# which in our case there are none while some thinks it is possible. Kindly inform the tax liabilities and best tax structure. Please contact us for any further information required.

Reply to
homerun
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My first question is: What advantage do you perceive forming a US based corporation of any kind will give you - considering you are going to remain in Australia? OR Why would you want to be subject to US taxation?

I would need to read the US-OZ Tax Treaty because I don't see how non-resident aliens are subject to taxation on international business transactions - other than customs.

If your desire is to have a US bank account for depositing checks, that can be done. Then you would need an ITIN - a tax number for non-US citizens. And you might then be subject to US taxation on interest income - but again I'd have to read the Tax Treaty.

The best tax structure is not to have a physical presence in the US.

Now if you could find a way to get my 65 year old body an Australian work permit, I could all your leg work gratis.

Dick

Reply to
Dick Adams

We'd need a lot more info to give you any good guidance, but I can tell you this. If you form an LLC with non U. S. Citizen members that you will likely be considered a tax shelter and will have to register as such. Tax Shelters like this are not illegal, but they are subject to a whole different set of rules.

The best thing you can do is engage a tax pro who is familiar with offshore companies for guidance. And make no mistake, if you don't have the funds to hire such a pro, you have no business doing business.

Good luck, Gene E. Utterback, EA, RFC, ABA

Reply to
Gene E. Utterback, EA, RFC, AB

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