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Your Guide to Tax Season

Julian Drago
February 6, 2024

Owning a US company as a nonresident can be a rewarding venture, but tax season can quickly turn into a labyrinth of unfamiliar forms and deadlines.

This guide equips you with the knowledge and resources to navigate tax season with confidence and ensure compliance.

In this guide you will find: 

First Stop: Understanding Your Tax Status

The crucial starting point is determining your tax status as a nonresident owner. Key factors include:

  • Company Structure: Are you a sole proprietor, member of a limited liability company (LLC), or shareholder in a corporation? Each structure has different tax implications.
  • Presence in the US: Do you have a physical presence in the US, like an office or employees? This can trigger "effectively connected income," subjecting you to US taxes.
  • Income Sources: What type of income does your company generate? Active business income (from sales or services) is taxed differently than passive income (like dividends or rental income).

Navigating the Form Jungle: Key Filings for Nonresidents

Once you understand your tax status, it's time to identify the forms you need to file. Here's a breakdown:

  • Nonresident Alien Income Tax Return (Form 1040NR): This is the primary form for reporting US income earned by nonresidents. You'll use it to report active business income, passive income, and any other US-sourced income.
  • Form 5472: This form accompanies Form 1040NR for single-member LLCs disregarded entities. It reports the LLC's income and expenses, and your ownership percentage.
  • Corporate Income Tax Return (Form 1120): If your company is a corporation, you'll need to file Form 1120 to report corporate income and calculate taxes.
  • Estimated Tax Payments: If you expect to owe more than $1,000 in taxes after your deductions and credits, you'll need to make estimated tax payments throughout the year.

Tax Season Timelines: Don't Miss the Deadlines!

Missing tax deadlines can lead to penalties and interest charges of up to $25,000. Here are some key dates to remember:

  • March 15th: Deadline to file Form 1040NR and Form 5472 if you're using the automatic six-month extension.
  • April 15th: Original deadline for filing Form 1040NR and Form 5472.
  • June 15th: Deadline to file Form 1120 if you're using the automatic six-month extension.
  • September 15th: Original deadline for filing Form 1120.
  • Estimated Tax Payments: Due quarterly on April 15th, June 15th, September 15th, and January 15th of the following year.

Seeking Help: When to Consider Professional Assistance

Navigating US tax laws as a nonresident can be complex. Consider seeking professional help from a tax advisor or accountant specializing in international taxation if:

  • You're unsure about your tax status or filing requirements.
  • Your company has complex income sources or business activities.
  • You have questions about specific tax treaties or deductions.

If you're feeling overwhelmed, remember that Openbiz can guide you through this season.

Schedule a free consultation today, so you can put your worries aside and focus on what's important: Growing your business.

Additional Resources for Nonresident Business Owners

  • Internal Revenue Service (IRS): The IRS website offers a wealth of information and resources for nonresident taxpayers, including forms, publications, and FAQs.
  • Tax Treaties: The US has tax treaties with many countries, which can reduce your tax burden. Check the IRS website to see if your home country has a tax treaty with the US.
  • Professional Organizations: Organizations like the American Institute of Certified Public Accountants (AICPA) and the National Association of Enrolled Agents (NAEA) can help you find qualified tax professionals.

Remember: Tax season doesn't have to be a daunting experience. By understanding your tax status, identifying the correct forms, and staying mindful of deadlines, you can navigate tax season with confidence. Don't hesitate to seek professional help if you need it, and remember, proper tax planning can save you money and ensure compliance.

Bonus Tip: Start preparing for the next tax season early! Keep detailed records of your income and expenses throughout the year to simplify filing come April.

With this guide as your compass, you're well on your way to a smooth and successful tax season as a nonresident owner of a US company. 

First Stop: Understanding Your Tax Status

The crucial starting point is determining your tax status as a nonresident owner. Key factors include:

  • Company Structure: Are you a sole proprietor, member of a limited liability company (LLC), or shareholder in a corporation? Each structure has different tax implications.
  • Presence in the US: Do you have a physical presence in the US, like an office or employees? This can trigger "effectively connected income," subjecting you to US taxes.
  • Income Sources: What type of income does your company generate? Active business income (from sales or services) is taxed differently than passive income (like dividends or rental income).

Navigating the Form Jungle: Key Filings for Nonresidents

Once you understand your tax status, it's time to identify the forms you need to file. Here's a breakdown:

  • Nonresident Alien Income Tax Return (Form 1040NR): This is the primary form for reporting US income earned by nonresidents. You'll use it to report active business income, passive income, and any other US-sourced income.
  • Form 5472: This form accompanies Form 1040NR for single-member LLCs disregarded entities. It reports the LLC's income and expenses, and your ownership percentage.
  • Corporate Income Tax Return (Form 1120): If your company is a corporation, you'll need to file Form 1120 to report corporate income and calculate taxes.
  • Estimated Tax Payments: If you expect to owe more than $1,000 in taxes after your deductions and credits, you'll need to make estimated tax payments throughout the year.

Tax Season Timelines: Don't Miss the Deadlines!

Missing tax deadlines can lead to penalties and interest charges of up to $25,000. Here are some key dates to remember:

  • March 15th: Deadline to file Form 1040NR and Form 5472 if you're using the automatic six-month extension.
  • April 15th: Original deadline for filing Form 1040NR and Form 5472.
  • June 15th: Deadline to file Form 1120 if you're using the automatic six-month extension.
  • September 15th: Original deadline for filing Form 1120.
  • Estimated Tax Payments: Due quarterly on April 15th, June 15th, September 15th, and January 15th of the following year.

Seeking Help: When to Consider Professional Assistance

Navigating US tax laws as a nonresident can be complex. Consider seeking professional help from a tax advisor or accountant specializing in international taxation if:

  • You're unsure about your tax status or filing requirements.
  • Your company has complex income sources or business activities.
  • You have questions about specific tax treaties or deductions.

If you're feeling overwhelmed, remember that Openbiz can guide you through this season.

Schedule a free consultation today, so you can put your worries aside and focus on what's important: Growing your business.

Additional Resources for Nonresident Business Owners

  • Internal Revenue Service (IRS): The IRS website offers a wealth of information and resources for nonresident taxpayers, including forms, publications, and FAQs.
  • Tax Treaties: The US has tax treaties with many countries, which can reduce your tax burden. Check the IRS website to see if your home country has a tax treaty with the US.
  • Professional Organizations: Organizations like the American Institute of Certified Public Accountants (AICPA) and the National Association of Enrolled Agents (NAEA) can help you find qualified tax professionals.

Remember: Tax season doesn't have to be a daunting experience. By understanding your tax status, identifying the correct forms, and staying mindful of deadlines, you can navigate tax season with confidence. Don't hesitate to seek professional help if you need it, and remember, proper tax planning can save you money and ensure compliance.

Bonus Tip: Start preparing for the next tax season early! Keep detailed records of your income and expenses throughout the year to simplify filing come April.

With this guide as your compass, you're well on your way to a smooth and successful tax season as a nonresident owner of a US company. 

Schedule a consultation with an advisor to solve all your doubts.

For free