Introduction
The US Business Tax Filing process can be a pain, especially for Non-Residents as it's not their homeland and has a different tax system. But don't worry! These are broken up into bite-size pieces in this guide to help you walk through filing your taxes with confidence/info.
Understanding US Business Taxes with Basic Information
Federal Income TaxAll businesses in the US have to pay federal income tax on what they earn. It varies as per the category of business entity and annual income.
State TaxesBusinesses are also obligated to pay state taxes along with federal ones. These vary from state to state and may include income taxes, franchise fees, or sales tax.
US Business Entities
The first thing you must know before filing a tax is your kind of business entity. Your category also concludes how taxes are filed so understand this clearly and directly according to all steps above or ask an expert.
Sole ProprietorshipSole proprietorship: The simplest type of business, it is owned and operated by one individual. The owner includes income and expenses on their individual tax return.
PartnershipThis occurs when two or more persons own the business. Both partners report their pro-rata share of income and expenses on each tax return
CorporationA corporation is a separate legal entity, which means the business itself pays taxes on its income (and shareholders pay tax on dividends).
Limited Liability Company (LLC)An LLC is more flexible in terms of taxation in that the owner can then opt to have it treated as a sole proprietorship, partnership, or corporation.
Important Tax Forms for US Businesses
This is important as you have to fill out proper tax forms in order to remain in the good books of the IRS. Some of the important forms are listed below.
Form 1120This is the major form for corporations to report their income, gains, losses, deductions, and credit.
Form 1065This is the form that partnerships will have to use in order to disclose income, deductions, gains, and losses. It is worth noting that the partnership does not pay income tax, but partners do.
Form 1040-NRThis form is used by non-resident individuals to report income that is effectively connected with a US trade or business and which may be taxed in the USA. This is particularly important for non-resident owners of US businesses.
Deadline to File — Extension Available
Similar to any other critical due date absence of missing can incur penalties, and unfiled tax filing deadlines too. Know When Your Forms Are Due
Corporation DeadlinesCorporations generally must file a tax return by the 15th day of the fourth month after their year-end.
Partnership DeadlinesThe deadline which is generally the 15th day of the third month after your client's tax year ends if it involves partnerships.
ExtensionsIf you need more time to file, use Form 7004. Note, however: An extension to file is not an extension to pay any taxes due.
State vs. Federal Taxes
You might spend more emotional energy worrying about federal taxes, but don't ignore your state tax bill. These can vary greatly depending on the location of your business.
Understanding State TaxesThere is no federal income tax, but each state has its own laws regarding whether you need to pay (or not) either an income tax or a sales/franchise tax. Places like Texas and Florida do not have a state income tax so this could make your taxes easier as well.
Understanding State TaxesCheck with your tax authority in that state to understand what you need to do for taxes, and which forms precisely you should have on file.
Non-Resident Owner Category
One may run into a few additional tax issues as a non-resident owner of a US company. You could be faced with extra reporting responsibility as well because of tax liabilities.
Withholding RequirementsHowever, as a non-resident owner, your company is not actually required to withhold any income for US tax purposes. These returns can include dividends, interest, and other types of income.
Reporting IncomeEven if you do not live in the US, and are considered a non-resident alien for tax purposes you will still have to file information on any income received from within the United States (on Form 1040-NR). The IRS uses this document to assess the appropriate tax due on earned income in the US.
Tax Treaties and Their Impact
US Tax Treaty: US tax treaties with countries can decide how the non-resident will be taxed Meaning income earned in the USA. This is what international treaties were created for — to avoid double taxation and guarantee equal conditions.
Understanding Tax TreatiesIf your home country has a tax treaty with the US, you may be able to get preferred rates or even exemptions (no taxes) on some types of income. This can make a big difference in your tax liability.
Claiming BenefitsIn order to qualify for a tax treaty you will need requires filing Form 8833 with your tax return. This form gives information about the treaty benefits you claim to be qualified for.
Common Mistakes to Avoid
For all you non-resident owners out there, here are some of the top mistakes to avoid when filing US business taxes so that you can stay on track and keep your company in good standing.
Missing DeadlinesFailure to file taxes on time: This is perhaps one of the most common errors. That can mean penalties and interest charges.
Incorrect FormsFailure to include necessary information, as well as filing out the improper tax forms can also contribute to delays and potential fines.