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Guide · EIN and tax· 3 min read

US tax treaties and your LLC: what a treaty changes, and who claims it

How a US tax treaty lowers withholding, limits US tax on business profits and relieves double tax, why the LLC's owner claims it, and royalty rates by country.

Updated by the BaseAcross team. Reviewed by Saais Patel, compliance reviewer, against the sources named in the text.

The short answer

If your country has a tax treaty with the US, you claim it on a W-8BEN in your own name, not the LLC's. It lowers US withholding on royalties, dividends and interest, and limits US tax on business profits to a permanent establishment in the US. It doesn't change your services income, which the US doesn't tax when the work is done abroad.

On this page · 5 sections
  1. 01Who claims it
  2. 02The withholding rates that matter
  3. 03Permanent establishment
  4. 04Relief from double tax
  5. 05Claiming it

The United States has income tax treaties with about sixty countries, and each also says how the two countries avoid taxing the same income twice. If your country has no treaty, the domestic rules apply, and for a service business run from abroad that still usually means no US income tax.

Who claims it

A treaty covers residents of the two countries. A single-member LLC is disregarded, so the resident claiming the treaty is you, not the company. You give a US payer a W-8BEN in your own name, with the tax number your country issued you, claiming your country's treaty. A platform that asks the LLC for a W-9 is asking for the wrong form, because the IRS's instructions say the owner of a disregarded entity gives the W-8 instead.

Here's the catch. Some countries don't treat a US LLC as transparent. They see it as a company that isn't resident in their country, which can stop the treaty working the way you'd expect. Canada is the best-known example, and the Canada page explains why Canadian founders usually choose a corporation. Japan also treats an LLC as a company, and so do others. Ask an adviser at home how your country classifies a US LLC before you rely on a treaty rate.

The withholding rates that matter

For most founders, the rate that matters is the one on copyright royalties, because that's how YouTube and Amazon KDP pay for US views and sales. Without a treaty the rate is 30%. Under the treaties, the IRS's own rate table gives these:

CountryRate on copyright royalties
United Kingdom, Germany, France, the Netherlands, Ireland, Switzerland, Sweden, Japan, Pakistan0%
Canada0% on copyright; 10% on film and television
Australia, New Zealand5%
Thailand5% on copyright; 15% on patents
Mexico, Indonesia, Poland, Ukraine, Türkiye, Bangladesh10%
Israel10% on copyright; 15% on patents
India, the Philippines, Egypt15%
Hungary30%, since the treaty ended
Brazil, Nigeria, Argentina, the UAE, Saudi Arabia, Singapore, Malaysia, Vietnam, Hong Kong, Nepal30%, with no treaty

Other kinds of royalties, and dividends and interest, have their own rates in each treaty. Nothing is withheld on payments for services performed outside the US, with or without a treaty, because that income isn't US-source.

Permanent establishment

Without a treaty, the US taxes a foreign person on income effectively connected with any US trade or business. With one, it generally taxes business profits only where there's a permanent establishment: a fixed place of business, or an agent who habitually concludes contracts in your name. That's a higher and clearer threshold. A founder in a treaty country who runs the company from home, with no US office and no US agent, is outside US tax on business profits under the treaty as well as under the domestic test.

Relief from double tax

Where both countries can tax the same income, the treaty says which one gives way, usually by having your home country credit the tax paid in the US. Most foreign-owned service LLCs pay no US tax, so there's nothing to credit. For creators who have tax withheld in the US, that withholding can usually be credited at home.

Claiming it

On Form W-8BEN, you give your country's tax number and certify on line 9 that you're a resident of your country under the treaty. Line 10 is for the article, rate and type of income when the benefit has conditions line 9 doesn't cover, such as different rates for different kinds of royalties, and many platforms ask you to complete it. The form stays valid until the end of the third calendar year after the year you sign it. If a platform withheld 30% because your form didn't claim the treaty, you can ask the IRS for a refund by filing Form 1040-NR. It's slow, but it works.

Sources

Checked by Saais Patel against these official pages.

  1. IRS: tax treaty tables
  2. IRS: instructions for Form W-8BEN
  3. IRS Publication 515: withholding on non-resident aliens

Next in EIN and tax:Form W-8BEN, W-8BEN-E and W-9: which one your company gives, and how to fill it

06 · Questions

The questions this guide gets asked.

If yours is not here, email us at hello@baseacross.com before you order.

A single-member LLC is disregarded, so its owner claims the treaty as a resident of their own country, on a W-8BEN in their own name. Whether your country treats the LLC as transparent is a separate question for a local adviser.

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