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

What is a permanent establishment?

Under a tax treaty, a fixed place of business or dependent agent in a country, which lets that country tax the business profits linked to it.

Read the explanation See the 2 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
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2 answered
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Named in text
Reviewed by
Saais Patel

Term 76 of 105 in the glossary, filed under P.Every term, A to Z

01 · Explained

Permanent establishment, for a founder abroad.

For residents of a treaty country, a treaty generally replaces the US trade or business test with the permanent establishment test: an office, a branch, a factory, or an agent who habitually concludes contracts. A treaty resident with no permanent establishment in the US isn't taxed there on business profits.

Your own country uses the same idea, the other way round, to decide whether the US company has a taxable presence at home. A founder running a US LLC from their home country can create exactly that, which is a question for an adviser there.

Read next · guide · 3 minUS tax treaties and your LLC: what a treaty changes, and who claims it
02 · Questions

What founders ask next.

Does a US LLC with no US office have a permanent establishment in the US?
Generally not. With no fixed place of business and no agent concluding contracts in the US, there's usually nothing for a treaty to tax there.
Can my home country tax my US LLC?
It can, if the company is managed from there or has a permanent establishment there, and it may tax you on the profit anyway. That's your own country's law, so ask an adviser at home.

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