Loading...
Answers
MenuDo I have to file a 'zero' Tax Return with the IRS?
I have a single member LLC set up in Wyoming. Actualy, this LLC is 100% shareholded by a Sechellois company of that I'm the only owner. I'm not US resident alien and the Wyoming LLC does not generate US-source income.
Answers
yes, if you have an LLC you probably already have to file quarterly or as per your state's regulations. Regardless of the frequency even if you are making zero sales, zero expenses, etc. you need to report them as the files are due.
Yes, you definitely have a U.S. tax filing obligation. A single member LLC is a disregarded entity for U.S. federal income tax purposes. Although the entity itself does not pay federal income taxes, the single owner is responsible for reporting the income and expense of the LLC on his/her income tax return and paying the requisite income tax, if applicable. If the LLC does not generate any U.S. source income, and you do not conduct business in the U.S. through a permanent establishment, then the LLC probably does not owe any U.S. federal income taxes. However, the IRS has recently implemented new regulations which require single member LLC's to file a Form 5472 to report the activity of the LLC. This form is filed alongside a proforma Form 1120. It is absolutely critical that you file these returns. The IRS can impose a $25,000 USD penalty for noncompliance. I highly recommend you consult a competent U.S. tax adviser that specializes in these filings.
You never have to file.
And if you don't the IRS may assign a tax bill to your company via random number generation or whatever crazy valuation they're using at the time for your type of business.
Best for very person (SS number) + every entity (EIN) should file a tax return, even if $0 tax is required.
If the IRS assigns a tax value, you will spend countless hours trying to straighten this out.
Also, if you have an entity which is fallow (no longer used), shut it down, so you can avoid undo paper work filings every year.
Related Questions
-
Should I hire a bookkeeper? (what does one do exactly?)
NIcole is right. When I first started my business I thought I was saving money by doing my own bookkeeping. It took me much longer than it would take a bookkeeper - all time that I was not spending on marketing or billable activities. And in the end I made errors which made the initial work of the bookkeeper longer. I now have a consistent routine. My bookkeeper picks up all my material monthly and does my books in less than 2 hours. Very worthwhile.RL
-
What are the tax consequences for founders if the seed round investors take common stock instead of preferred?
There shouldn't be any tax consequences for the founders if you've made 83b elections--the election meant you paid tax already on the full value of the stock at the time of the election (presumably zero) even though it was subject to future forfeiture. If you sell newly-issued stock there should be no tax impact. If you sell your own common stock, you'd pay tax on the gain, but I doubt that is what you mean here. Of course, you should not take the free advice dispensed on Clarity and consult your own tax preparer--this is not tax advice.BS
-
In a startup with a globally-spread remote team, does it still make sense to incorporate in U.S./Delaware vs. somewhere overseas?
Delaware C-Corp I usually Delaware is the best choice for any startup looking for fundraising with a US focus. However, if you are a remote and global team, an overseas or foreign corporation or US tax purposes might make sense. You'd have to talk to an advisor who can dive into your situation, but it would be more difficult for the US owner come tax time, as he'd likely have to file form 5471 to the IRS for any controlled foreign corporation, and form 90-22.1 for any foreign bank accounts. There are a lot of other concerns I didn't hear you raise that entrepreneurs usually have and ask me about, namely banking and merchant accounts/ payment processors. In terms of accepting online payments, any US corporation or LLC is far and away the best option for a company. It's difficult to suggest without knowing more about the company but you might explore Delaware, Wyoming, Hong Kong and other offshore jurisdictions for your legal entity. Each tend to have positives and negatives and there is no one size fits all solution. I do write about issues of incorporation quite regularly on my website FlagTheory.com - so you can read those articles for free, or we can schedule a call - Clarity.fm/incorporation when you have specific questions. Thank you and hope this was helpful!EJ
-
If I get a virtual address for my company and I work from home; will I still be eligible for tax credit on my home office?
yes. As long as your main place of work is your home/office.JF
-
My startup is a NY LLC and we're hiring an employee in Bangalore, India as a developer. Am I required to pay or withhold taxes in the U.S. for him?
I have established off-shore development relationships with individuals and firms in India, Ukraine, Belarus, Russia and Korea going back to 1996. You might find it a lot smoother to have them work through an established firm in India that is already set up with all appropriate licenses, tax-reporting, payment systems, and so on. It can be tricky enough to communicate the software requirements and other specifics of your project without you and them also learning and implementing processes to respect domestic and foreign regulations. If you'd like more information, feel free to set up a call.SC
the startups.com platform
Copyright © 2025 Startups.com. All rights reserved.