Nonresident Tax Issues

Seeking Advice on Form 5472 & Pro Forma 1120

Asked Saturday, June 20, 2026 by Finn

UK citizen, non-US resident. I formed a Wyoming single-member LLC in Sept 2025 for freelance work and obtained an EIN. The LLC has no US employees, office, bank account, or US-sourced income. All freelance income was received personally rather than through the LLC. Given these circumstances, was I required to file Form 5472 and a Pro Forma 1120 for 2025? If so, what filing obligations do I have now, and what penalties might apply for not filing?

Quick Answer:

Since the LLC was formed in September 2025, your first filing deadline would typically be April 15, 2026. Even if you received income personally, a foreign-owned single-member LLC (disregarded entity...

Nonresident Tax Issues

Non-US owner of New Mexico LLC - filing requirements

Asked Sunday, June 14, 2026 by Mykyta

Hello, I am a non-US resident and the sole owner of a New Mexico LLC. My LLC was formed on December 31, 2025. An EIN was obtained on May 5, 2026. No US tax forms, information returns, or other filings have been submitted yet. The company has been used for e-commerce activities. I would like to know: What federal tax filings are required for my LLC? Have any filing deadlines already been missed? Is there currently any risk of penalties? If penalties may apply, what is the best way to corre

Quick Answer:

Based on the dates provided (forming in late 2025 and operating in 2026), you have significant compliance requirements. **Required Filings:** As a foreign-owned Single Member LLC (disregarded entity)...

Nonresident Tax Issues

LLC election to corporate tax status

Asked Saturday, May 30, 2026 by Tomas

Hello, I seek general U.S. tax guidance. Can a U.S. single-member LLC, currently treated as a disregarded entity and owned by a non-U.S. individual, elect to become tax-nontransparent for U.S. federal tax purposes, e.g. taxed as a C corporation? Under what conditions is this possible, what forms, timing and state steps apply, and what taxes/obligations follow: corporate tax, dividend withholding, treaty relief, transition issues and filings? Contact me via email. Thx.

Quick Answer:

Yes, a single-member LLC (SMLLC) owned by a non-U.S. individual can elect to be treated as a C corporation for U.S. federal tax purposes. **Mechanism and Timing** You must file **IRS Form 8832** (Ent...

Nonresident Tax Issues

EIN and FORMS

Asked Friday, April 10, 2026 by CHAO

My company is a non-U.S. resident, single-member LLC registered in 2025. It has no business operations, no physical presence, no employees, and has not applied for an EIN number. Therefore, I cannot file Forms 5472 and 1120, nor can I file Form 7004. What should I do?

Quick Answer:

Your understanding regarding the inability to file without an EIN is correct. However, for a non-U.S. resident, single-member LLC, there are specific requirements you need to be aware of:

Nonresident Tax Issues

nonresident

Asked Wednesday, March 18, 2026 by Akram

I would prefer to communicate by email if that is okay with you. I will file as a California nonresident for 2025. I was outside the U.S. all year and performed no work in California. I received: W-2 sick/vacation/holiday wages from a CA employer W-2 short-term disability from a NY insurer, with premiums paid by the CA employer (while I was working in CA) Bank interest from an online account Are any of these considered California-source income and taxable by CA for a nonresident?

Quick Answer:

For a California nonresident, the sourcing of income depends on where the underlying economic activity or services occurred. 1. **W-2 sick/vacation/holiday wages from a CA employer:** These

Nonresident Tax Issues

Which State Do We Pay

Asked Friday, February 27, 2026 by Shelley

I have a business in one state and 1 employee who lives and does their job in another state (works remotely for us). Do we pay the state withholding and state unemployment to the state where we are located for that employee or do we pay the state where the employee lives and performs their work?

Quick Answer:

For state income tax withholding, you generally pay to the state where the employee performs their work. Since your employee lives and works entirely in the second state, you would typically withhold...

Nonresident Tax Issues

5472 form

Asked Wednesday, February 04, 2026 by Alin

Hello, I require assistance with filing my 5472 form. I'm finding the form quite complex and would appreciate any guidance you can offer. Please tell me about the price and support you provide for completing this form. Thank you.

Quick Answer:

Thank you for reaching out regarding Form 5472. I understand its complexity. My scope is limited to answering tax questions directly related to tax law and regulations. Therefore, I cannot provide in...

Nonresident Tax Issues

Applying for ITIN

Asked Wednesday, January 21, 2026 by Haider

Hello, I am reaching out to seek information about ITIN registration. We have an LLC registered in Wyoming and want to apply for ITIN. Can you please share the details about the process, timeline and costs associated with this. Thanks

Quick Answer:

An Individual Taxpayer Identification Number (ITIN) is issued by the IRS to individuals who need a U.S. taxpayer identification number but do not have, and are not eligible to obtain, a Social Securit...

Nonresident Tax Issues

Gift taxation foreign person

Asked Thursday, December 18, 2025 by Sandra

Non-US citizen and non-US resident (nonresident alien) with a US bank account want to gift a total of up to $100,000 in cash this year to 2 children who are US citizens and US residents. The gifts will be wire transfers or checks from their US bank account. Questions: Is this gift subject to US gift tax for me (the donor)? Is the gift considered taxable income to my children (the recipients)? Is it up to 100k per year with no reporting filing 3520?

Quick Answer:

As a nonresident alien, your gift of cash, whether from a U.S. bank account or wired, is generally not subject to U.S. gift tax. Cash is considered intangible property and is