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

What is a US person?

For US tax and reporting, a US citizen or resident, or a company, partnership, estate or trust formed in the US; a US LLC is one for the FBAR.

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
Questions
2 answered
Sources
2 official
Reviewed by
Saais Patel

Term 98 of 105 in the glossary, filed under U.FinCEN: Report of Foreign Bank and Financial Accounts

01 · Explained

US person, for a founder abroad.

US citizens, US residents and entities formed in the US are US persons. So a Wyoming LLC owned by a founder abroad is itself a US person, even though its owner isn't, and that decides several forms.

  • FBAR: the LLC files one if it holds over $10,000 in accounts outside the US, though you personally don't.
  • W-9 or W-8: a multi-member LLC or corporation gives a W-9. A single-member LLC is looked through to its owner, who gives a W-8BEN.
  • Withholding: payments to a US person aren't subject to the 30% withholding on foreign persons.

Sources: FinCEN: Report of Foreign Bank and Financial Accounts; IRS: instructions for Form W-8BEN.

Read next · guide · 5 minForm 5472 and the pro forma 1120, explained for a foreign-owned LLC
02 · Questions

What founders ask next.

Is my foreign-owned LLC a US person?
For most purposes, yes, because it was formed in the US. For income tax, a single-member LLC is disregarded, so the IRS looks to you, the owner, who isn't one.
Am I a US person if I own a US company?
No. Your own status depends on citizenship, a green card or days spent in the US.

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