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Old 02-24-2009, 09:13 PM
Gene E. Utterback, EA, RFC, ABA
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Default Re: LLC Tax election

<homerun[at]rediffmail.com> wrote in message
news:5afdbb69-f79f-4e7c-bda9-3b476302b24d[at]i18g2000prf.googlegroups.com...
- quote -

> 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.


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

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
 
Old 02-20-2009, 03:11 AM
Dick Adams
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Default Re: LLC Tax election

<homerun[at]rediffmail.com> wrote:

- quote -

> 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.


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

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
  #-1  
Old 02-19-2009, 11:36 PM
homerun@rediffmail.com
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Posts: n/a
Default 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.

--
<< ------------------------------------------------------- > << The foregoing was not intended or written to be used, > << nor can it used, for the purpose of avoiding penalties > << that may be imposed upon the taxpayer. > << > << The Charter and the Guidelines for submitting posts > << to this newsgroup as well as our anti-spamming policy > << are at www.asktax.org. > << Copyright (2007) - All rights reserved. > << ------------------------------------------------------- >
 
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