Small Business

LLC abroad: am I self-employed? Does FEIE cover SE tax?

US citizen, bona fide resident of a country with no US totalization agreement. My single-member Wyoming LLC (disregarded) will sell software subscriptions to US businesses, built and run by me from abroad. 1) The LLC earns the revenue, not me: am I still self-employed for SE tax, or is there a classification where I am not? 2) FEIE excludes income tax but not the 15.3% SE tax, correct? 3) Is an S-corp election worth it at low profit abroad, since distributions are not foreign earned income?

Quick Answer:

1) **Yes, you are still self-employed.** Because your LLC is a "disregarded entity," the IRS ignores the legal structure for tax purposes. The revenue is treated as earned directly by you. Since you are performing the work, the income is "earned income" subject to Self-Employment (SE) tax. To avoid SE tax on this structure, you would typically need to incorporate (S-Corp or C-Corp), but that introduces other complexities. 2) **Correct.** The Foreign Earned Income Exclusion (FEIE) only applies to income tax. It does not reduce or eliminate the 15.3% SE tax. Without a totalization agreement, you are generally required to pay SE tax to the US on all net self-employment earnings. 3) **Usually not at low profit.** While an S-Corp allows you to split income between salary (subject to SE tax) and distributions (not subject to SE tax), distributions are not "earned income" and cannot be excluded via the FEIE. Furthermore, the administrative costs (payroll, Form 1120-S, potential foreign reporting requirements) often outweigh the tax savings until your profit significantly exceeds a "reasonable salary" for your services.

Note: This answer is provided for convenience only. It is important that you speak to a CPA about your individual tax situation.

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