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US Business Tax Filing for Non-Resident Owners

Unfortunately, for non-resident owners of US companies finding their way around the complex world called the U.S. Business Tax Filing scene is not particularly easy and can be intimidatingly challenging as well! That said, with a good foundation of the fundamentals and deadlines on federal requirements are key to making sure that your business can avoid penalties as well as operate efficiently - in accordance with IRS parameters. Continue to read this article, which is a summary of the various types spanned by taxes, and what the requirements for filing them.

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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 Tax

All 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 Taxes

Businesses 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 Proprietorship

Sole 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.

Partnership

This occurs when two or more persons own the business. Both partners report their pro-rata share of income and expenses on each tax return

Corporation

A 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 1120

This is the major form for corporations to report their income, gains, losses, deductions, and credit.

Form 1065

This 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-NR

This 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 Deadlines

Corporations generally must file a tax return by the 15th day of the fourth month after their year-end.

Partnership Deadlines

The deadline which is generally the 15th day of the third month after your client's tax year ends if it involves partnerships.

Extensions

If 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 Taxes

There 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 Taxes

Check 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 Requirements

However, 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 Income

Even 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 Treaties

If 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 Benefits

In 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 Deadlines

Failure to file taxes on time: This is perhaps one of the most common errors. That can mean penalties and interest charges.

Incorrect Forms

Failure to include necessary information, as well as filing out the improper tax forms can also contribute to delays and potential fines.

Frequently Asked Questions

Are non-residents subject to US business taxes?

While subject to U.S. taxation on all income derived from the United States no follow, non-residents may claim back some of this tax under a taxing treaty-related clause if they are resident in another country that has signed such a treaty. This means, income from trade or profession, dividends, and like.

What is Form 1040-NR?

Form 1040-NR: For Non-Residents and Income Earned in the US Not only does it help the IRS calculate taxes due on you.

Is it possible to avail of tax treaty benefits as a non-resident?

Well, a permanent establishment is used for the purpose of special agreements under which residents or non-residents from treaty countries can enjoy reduced tax rates & exemptions on some income.

What if I Fail to File Taxes by the Deadline?

Penalties and interest charges kick in if the deadline has been missed. If the above scenarios are not possible, it is necessary to file on time or apply for an extension if one believes he will have a balance due by April 15.

Do I Need to Hire a Tax Preparer for Filing?

You may need someone specializing in taxes and tax laws, especially if you are not a resident here that is where our recommendation to hire a professional accountant comes into play.

Do you pay double taxes if you are a non-resident owner?

For repatriation of profits, owners who are not resident in the US may face double taxation since they will be taxed on that income both here and also at home. This, however, can be offset by the impact of tax treaties.

What is a non-resident for US tax purposes?

A non-resident for tax purposes, is typically someone without a green card or who has not passed the substantial presence test in the US.

So what about non-residents with holdable incomes?

Non-residents are only liable for US withholding tax on certain kinds of non-business income like dividends, interest, rents, or royalties paid to a non-US citizen and compensation received by foreign employees from US customers.

Is E-filing Taxes for non-residents possible?

No, non-residents are eligible to e-file US income tax returns with approved IRS e-filers except there is no category for them because some of the forms require paper filing.

What Happens If You Do Not File US Business Taxes as a Non-Resident?

Failure to file taxes in the US can create penalties, interest, and possible legal issues — trouble in getting your next visa or coming back to the United States.

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