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US tax for an owner abroad · A term for founders abroad

What is a disregarded entity?

A single-member LLC the IRS ignores for income tax, treating its income as the owner's; it still files Form 5472 if the owner is foreign.

Read the explanation See the 3 questions

Checked against the IRS's instructions and the states' own rules. Reviewed by Saais Patel, compliance reviewer.

Topic
US tax for an owner abroad
Questions
3 answered
Sources
2 official
Reviewed by
Saais Patel

Term 26 of 105 in the glossary, filed under D.IRS: single-member limited liability companies

01 · Explained

Disregarded entity, for a founder abroad.

By default, a single-member LLC is disregarded as separate from its owner for federal income tax, so the owner reports its income as their own. An individual owner reports it on their own return, and a company that owns one treats it as a division. A foreign owner with no US trade or business generally has no US income tax to report on the company's profit, because it's earned outside the US.

Being disregarded for income tax doesn't make the company invisible. For tax years beginning after 2016, a foreign-owned disregarded entity is treated as a corporation for Form 5472, and files it every year with a pro forma Form 1120. It needs its own EIN to do so.

Where it isn't disregarded

  • Form 5472, as above, for a foreign owner.
  • Employment and certain excise taxes: the IRS treats it as a separate entity, which reports under its own name and EIN.
  • State law: it's a company of its own, with the liability protection, the state's yearly charge and the registered agent that come with that.

It stops being disregarded if it takes on a second member, and becomes a partnership, or elects to be taxed as a corporation on Form 8832.

Sources: IRS: single-member limited liability companies; IRS: instructions for Form 5472.

Read next · guide · 6 minHow to get an EIN without a Social Security Number
02 · Questions

What founders ask next.

Is a foreign-owned single-member LLC a disregarded entity?
Yes, by default, wherever the owner lives. It's ignored for income tax but still files Form 5472 with a pro forma Form 1120 every year.
Which tax form does a disregarded LLC give a US client, a W-9 or a W-8BEN?
Its foreign owner's. The IRS looks through a disregarded LLC to the owner, so a foreign individual gives a W-8BEN in their own name, not a W-9 for the LLC. The W-8BEN guide covers the edge cases.
Does a disregarded entity pay US tax?
Not itself. Any income tax falls on the owner, and a foreign owner owes it mainly on income connected with a US trade or business. The tax guide works through when that applies.

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