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

Taxes listed an earned in another state

Asked Friday, March 06, 2026 by Amanda

I worked remote in de. My co. Listed me as working in n.c. for about a week (less than 2 k). I received tax documents for n.c and de (where I live and work). I was in n.c. for 3 days for an all hands meeting. Should I file in n.c.?

Quick Answer:

Based on the information provided, if you were physically present in North Carolina for 3 days for work-related activities and earned income during that time, that income is generally considered North...

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

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

Nonresident Tax Issues

Federal taxes

Asked Thursday, September 18, 2025 by Simo

I opened a company in Wyoming last year Eternia Solutions LLC as a sole proprietorship (single-member LLC disregarded for tax purposes). I was told that there is no state tax in Wyoming, but I want to confirm how federal taxes work in my situation. I am not resident of USA. This year my company’s revenue will be about $32,855. I have withdraw ~$9,780 via ATM, and probably i will withdraw the rest. I heard that there are some federal taxes, even WY is tax free. I need clarification about this?

CPA Answer:

Hi Simo,


Hope you're doing well.


Whether federal tax applies depends on whether the income earned by your Wyoming LLC is treated as effectively connected income (ECI) with the United States. If the activity is considered ECI, federal tax would generally apply and a Form 1040-NR filing would be required. If it is not ECI, the U.S. may still have other reporting requirements depending on the nature of the income and where the services are performed, but federal income tax may not be triggered.


Let me know if you’d like a detailed review of your specific situation.

Regards,

Alfaisal

CPAdirectory
Answer Provided by: CPAdirectory

Nonresident Tax Issues

Rental income tax for foreign property buyer

Asked Saturday, September 14, 2024 by Laura

Hi, we are non US residents and considering buying an investment property in Florida. Would like to get some advice on the tax implications if we rent it out and annual tax preparation matters. Thank you.

CPA Answer:

Hi Laura-

This is not a simple question but I will give you the basics. However, I recommend that you get further advice beyond here. In general, if you have a rental property in the US, you will need to file as a non-resident. Florida does not have a state income tax but you would need to research whether they have any Franchise Taxes or Lodging Taxes that your property would be subject to. Hope this is helpful. Jackie

Answer Provided by: Jackie Compton Jackie Compton