U.S. Source vs Non-U.S. Source Income Guide For Foreign-Owned Disregarded Entities
1. What Is a Disregarded Entity? A foreign-owned Single-Member LLC is treated as a disregarded entity for U.S. tax purposes. The LLC does not pay income tax separately. Instead, the foreign owner reports U.S. income directly. 2. U.S. Source Income (Taxable in the U.S.) Common examples of U.S.-source income include: Services performed physically in the United States Business income connected to U.S. offices, employees, or warehouses Interest and dividends from U.S. companies or banksPopularForm 1099 Explained for Non-Resident Owners of U.S. LLCs
If you own a U.S. LLC as a non-resident, it’s important to understand how Form 1099 works and when your business is required to file it. A common misconception is that 1099 forms are related to who receives income. In reality, 1099 obligations depend on who makes the payment, not who owns the company. Who Files Form 1099? Form 1099 is filed by the payer, not the recipient. This means: Your U.S. LLC files Form 1099 Contractors or vendors receive Form 1099 OwnerPopularCapital contributions and distributions for a foreign‑owned disregarded LLC
Capital contributions: It means the money you put into the LLC from your personal or business funds. Capital distributions: Money the LLC pays out to you as the foreign owner. Example: You open a U.S. LLC and deposit 5,000 USD from your personal bank account into the LLC bank account. This 5,000 USD is a capital contribution. Later, the LLC has profit and you transfer 2,000 USD from the LLC bank account to your personal bank account. That 2,000 USD is a distribution from the LLC tSome readersCan I Use My Partnership LLC EIN After Changing to a Single-Member LLC?
If your LLC was taxed as a partnership and now has only one owner, it becomes a single-member LLC (SMLLC). In this case, the IRS treats it as a new tax entity, so you generally must apply for a new EIN. This applies when: You went from 2+ members → 1 member The LLC is now a disregarded entity (default SMLLC) Or you’ll file as a sole proprietor 👉 Old partnership EIN ❌ cannot usually be reused. ✅ When You May Keep the Same EIN You can usually keep theFew readersW-9 vs W-8BEN vs W-8BEN-E — Which Tax Form Do I Need?
When a U.S. company pays you, they must confirm whether you are a U.S. taxpayer or a foreign taxpayer. You will be asked to submit one of the following IRS forms: Submitting the correct form prevents tax withholding and payment delays. W-9 (U.S. Persons & U.S. Companies) Used by U.S. citizens, residents, and U.S.-registered businFew readersSection 83(b) Election: What It Is and How to File
The Section 83(b) election is one of the most important tax decisions a startup founder can make. Filing it correctly — and on time — can save you tens of thousands of dollars in taxes. What Is a Section 83(b) Election? When you receive shares in a company that are subject to vesting, the IRS normally taxes you on the value of those shares as they vest (when their value could be much higher). A Section 83(b) election allows you to elect to be taxed at the time of grant instead —Few readersHow to Get an EIN for Your Delaware C Corporation
An Employer Identification Number (EIN) is a unique nine-digit number assigned by the IRS to identify your business for tax purposes. Every Delaware C Corporation must obtain an EIN before opening a bank account, hiring employees, or filing taxes. What Is an EIN? An EIN is also called a Federal Tax Identification Number. It functions like a Social Security Number for your business. You will need it for: Opening a US business bank account Filing federal and state tax returns HFew readersDelaware Franchise Tax: What It Is and How to Pay It
Every Delaware corporation — regardless of where it operates or whether it generates revenue — is required to pay an annual Delaware Franchise Tax and file an Annual Report. This is one of the most common compliance obligations founders overlook after incorporation. What Is the Delaware Franchise Tax? The Delaware Franchise Tax is an annual fee paid to the State of Delaware for the privilege of being incorporated there. It is not a tax on income or profits — it is simply a fee for mFew readers
