Taxes

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For 1 Owner:

If you are a Non-Resident Alien that doesn't file a personal federal Income tax return in the USA (no ITIN or SSN) then an LLC cannot be a disregarded Entity for you to personally own. So, since you would have to elect to be taxed as a Corporation anyway, why not just form a Corporation in the first place?

Yes. We can form your Delaware Corporation as a subsidiary of your foreign business. We can list the foreign company as the initial Director also, if that is the case. We can setup your company any way you like.

Since one of the main benefits of setting up your company in Delaware is that there is no State Sales Tax, it is not possible to supply you with a State Sales Tax ID or a Reseller Permit Number which are the same thing as I understand it. Just explain to whoever asked for it that your company is setup in Delaware and there is no Sales Tax there so it is impossible to provide them with one, but you can provide them with your Federal Tax ID #, your EIN, which we can get for your company. This has always worked for our clients as far as we know.

No, because the IRS doesn't know your company exists.  If your US company is an active business you are required to get an EIN, and file the appropriate tax returns of course.

Yes. It has just recently come to our attention that the IRS has now made it clear that a US Tax return must be filed 'up the chain' for any disregarded entity. This means that if you are a non-resident alien and you don't have an ITIN then your LLC cannot be a disregarded entity even if you are the sole owner.

No. Delaware has no sales tax. Unlike Nevada and many other states that would require this. Delaware is a very business friendly state for businesses selling goods and services.

If you want to keep your Delaware Corporation or LLC in good standing with Delaware State you must pay your yearly State Franchise Tax and your yearly Registered Agent Fees.

Yes. Whether you are the sole Director of a Corporation, a partner in a Corporation or a partner in, or sole owner of, an LLC, you will have to file yearly Federal Income Tax Returns in the US if you have an EIN.