Guidance
Frequently asked.
The questions our team is asked most. Direct answers, plain English, written by the people who file the returns.
LLC.
The Limited Liability Company. Pass-through tax, flexible ownership, the structure most non-resident founders begin with.
01
How does an LLC protect my personal assets from business debts?
An LLC's assets are legally separate from its members' personal assets. If the company is sued or owes money, only the company's assets are exposed. Members' homes, savings, and personal property are not.
02
How are LLC taxes reported?
An LLC's profits flow through to its members and are reported on their personal returns based on ownership percentage. The company itself does not pay federal income tax. Federal individual rates run from 10% to 37%.
03
Can an LLC have a single member?
Yes. A single-member LLC is the most common form for solo founders. It still provides the liability separation and is taxed as a disregarded entity by default, meaning the member reports profits on their personal return.
04
Are LLCs only for small businesses?
No. LLCs are used by startups, mid-size companies, and large operating businesses alike. The structure is flexible enough to serve a one-person consultancy or a multi-state operating company. The same protections and tax flexibility apply at any scale.
05
Do I need an American partner to form an LLC?
No. There is no citizenship or residency requirement for LLC members. A non-resident can form and own an LLC on their own. We file LLCs for founders in over 100 countries.
Corp.
The Corporation. Stock-based ownership, board governance, the structure investors recognize and lenders expect.
01
How does a Corporation protect my personal assets?
A Corporation is its own legal entity. Its assets and liabilities are separate from those of its directors, shareholders, and officers. If the company is sued, only the company's assets are exposed.
02
How is a Corporation taxed?
A C-Corporation pays its own federal income tax at a flat 21% rate on net profit. When the company distributes dividends, shareholders also pay personal tax on those distributions. State corporate tax varies.
03
Is Inc the same as Corp?
Inc abbreviates Incorporated; Corp abbreviates Corporation. Legally and for tax purposes they are identical. They are not interchangeable as a name suffix though: once you incorporate as one, you keep that suffix on the registered name.
04
Is a Corporation only for large companies?
No. Corporations work at any scale, from a one-person founding team to a publicly listed company. There is no minimum partner count and no upper limit on shareholders.
05
What's the difference between a C-Corp and an S-Corp?
Two things. First, an S-Corp can only be owned by US citizens or residents and is capped at 100 shareholders. Second, an S-Corp's profits pass through to shareholders' personal returns, while a C-Corp pays its own corporate tax. Most non-resident founders form a C-Corp for that reason.
S-Corp.
The S-Corporation. Pass-through tax with a corporate share structure, available only to US residents and capped at 100 shareholders.
01
Who can own an S-Corp?
Only US citizens or US residents. The S-Corp is the one US business structure with a strict residency requirement on every shareholder.
02
Can a foreign founder form an S-Corp?
No. An S-Corp cannot be owned by foreign nationals. If you are a non-resident founder, the C-Corporation or LLC is your route. We can walk you through which one fits.
03
What's the maximum number of shareholders?
An S-Corp can have up to 100 shareholders. The cap is why the structure works for closely-held companies but not for those planning a public offering.
04
How are S-Corps taxed?
S-Corps use pass-through taxation similar to an LLC. The company itself does not pay corporate income tax. Profits and losses pass to the shareholders, who report them on their personal returns based on ownership percentage.
05
How is an S-Corp managed?
An S-Corp is managed by shares, the same way a C-Corporation is. The board of directors makes corporate decisions; shareholders vote on major matters. The S-Corp can issue and trade shares; what changes from a C-Corp is who can hold them and how they are taxed.
Income tax.
Federal income tax. Filed annually by every US entity, with rules that depend on the entity type, the residency of the partners, and the country tax-treaty status.
01
How does the federal tax withholding refund work?
After filing the return, if there is an amount in your favor relative to the initial withholding paid, the IRS issues a refund check or credits the bank account associated with the company's members.
02
Does the tax withholding apply to American citizens?
No. The withholding is charged only to foreign partners of an LLC Partnership. US citizens and residents are not subject to it on their share of US-source partnership income.
03
Do foreign Corporation partners pay the same withholding as LLC partners?
Yes, with two rates depending on tax-treaty status. Foreign shareholders without a tax-treaty country pay 30% withholding on declared dividends. Shareholders in countries with a US double-taxation treaty pay 21%. Both withholdings are paid before the funds leave the US.
04
What happens if the tax return is filed late?
The IRS can estimate the tax owed, send a formal demand, charge interest, and assess penalties. In serious cases the IRS can take collection action. The cost of late filing is almost always much higher than the cost of filing on time.
05
Can I extend the federal tax deadline?
Yes. Extensions are available for most entity types and give additional time to file the return. Important: an extension extends the filing deadline, not the payment deadline. Penalties and interest still accrue on any unpaid tax from the original due date.
Sales tax.
State sales tax. Collected on most goods, varies by state, and triggered by either physical presence or economic activity in the state.
01
If my warehouse is in a different state than my company, do I file sales tax in both?
Yes. Sales tax follows the principle of physical presence (nexus). An inventory warehouse in another state creates nexus in that state, which means you must register, collect, and file sales tax there as well.
02
How do I know which products are taxable?
Each state defines its own list of taxable goods and services with category-specific exemptions. Common patterns: most tangible goods are taxable; many services and prescription drugs are not. We confirm taxability for your specific products before filing.
03
Where do the sales tax revenues go?
States use sales tax to fund public services: schools, highways, fire departments, infrastructure. Many states rely on sales tax for a substantial share of their budget, which is why enforcement is taken seriously.
04
If my business is in one state and I had sales in another, do I file in both?
It depends on whether you crossed the second state's economic nexus threshold. Most states use a $100,000 in sales OR 200 transactions per year threshold. Below that, no filing required. Above it, you register and file in that state too.
05
How do I know if my business has to pay sales tax?
Three triggers. Physical presence in the state (office, warehouse, employees). Economic nexus (sales above the state's threshold, typically $100k or 200 transactions). Or a marketplace facilitator collecting on your behalf. If any one applies, you have a sales tax obligation in that state.
Question we didn't answer?
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