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Foreign National Owned LLC And Taxes

by Qingqing Miao, published: 2013-03-20 22:48 viewed: 272 times
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Question from Sany:

As regards to incorporation of a US company by a foreign national on a B1 visa, LLC is advisable; and there is a relative who is a US citizen living in Maryland.

1. whether the LLC can be a single owner? And the single owner would be investing and managing the LLC and not working for the LLC and not drawing a salary?

2. Would be it still advisable to appoint a manager, who is based out of US to manage the operations of the LLC?

3. Would it be advisable to appoint a US citizen based in Maryland, as the manager?

4. If LLC signs a lease agreement with an office/house owner in US, would this be treated as the legal address of the LLC?

5. OR this manager's address can also be treated as the legal address of LLC OR LLC signs a lease agreement with the manager for lease of his premises.

6. Can the manager be made the registered agent for the LLC to receive official documents, etc?

7. In Delaware, if a registered agent needs to be appointed, then what would be the legal address of the LLC if the LLC does not has a physical address in Delaware. Can a US citizen living in Maryland be appointed as the manager! And where the bank account would be opened - Delaware or Maryland?

8. If there is no US income from the LLC for the first year, then what would be minimum tax outgo in the state of Maryland and North Carolina.

Answer:

1. An LLC can be a single-owner LLC. Without proper work authorization, you probably cannot actively manage it in the United States.

2. Whether to make your LLC member-managed or manager-managed is your personal choice. If the LLC is going to remain single-member LLC without employees, then it probably does not make a whole lot of difference. An attorney can help you make such choice.

3. This depends on how you want to operate your business.

4. If this is the LLC's office address, then, it can be the address for registration & license/permit application. There is not a strict rule regarding "legal address." If the LLC leases/owns an office space, then, such address will be the address on the record.

5. I am not sure what you are asking here.

6. The short answer is Yes.

7. I am not licensed in DE or MD and thus cannot speak for DE or MD law. Generally speaking, the registered agent needs to be in the state of incorporation/formation.

8. This depends on the state tax law. Please consult with a lawyer licensed in those states.

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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