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Foreigner Single Member LLC License And Tax Questions

by Qingqing Miao, published: 2013-03-20 22:46 viewed: 679 times
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Question from Yash:

1) Once a LLC is formed in a state, do we still have to apply for any business license? Our company is formed to sell electronics online.

2) How should this SINGLE member LLC be taxed on its profits, as I am a foreigner who would like to take the profits to my personal account in my native country? As a single member LLC, fully owned by an alien, should I choose the company to be taxed as a C-Corp, as I do not have a personal SSN and would thus not be filing the 1040?

Thank you and sincerely appreciate your efforts.

Answer:

1) A business license is needed. You should check with the city and state to confirm what type of licenses are required after your company is incorporated/formed.

2) I don't think you can choose to have your company taxed as a C-Corp if what you have formed is an LLC. LLC follows the so-called "pass-through" taxation which, in very generalized terms, means that the company's income will be taxed at the individual owner level. If you don't have an SSN, you should be able to get an ITIN (Tax ID) to pay necessary U.S. taxes. I am not a tax attorney and thus I can only provide general guidance on this question.

The above answer is for information only and does not constitute legal advice.

Answer provided by:
Qingqing Miao
Ellis, Li & McKinstry PLLC
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