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Guide · EIN and tax4 min

Do non-resident LLC owners pay US tax? The trade-or-business test, plainly

When a foreign-owned US LLC owes US income tax: the trade or business test, effectively connected income, withholding, treaties, and what's filed.

Updated 17 September 2026Checked against the sources named in the text

Usually not on income from work done outside the United States, but something is always filed. That's the short answer. The longer one is a test the IRS applies to the facts of your business, not to where the company was formed, and this guide walks through it in the order an accountant would.

The LLC is looked through, so you're the taxpayer

For income tax, a single-member LLC is a disregarded entity: the IRS looks through it to you. So the real question isn't whether the LLC pays US tax but whether its foreign owner has income the US can tax. The US taxes a foreign individual on two kinds of income: income effectively connected with a US trade or business, and certain US-source passive income, such as royalties, dividends and interest. Other income is outside US tax.

Is there a US trade or business?

The law doesn't define the phrase. Courts and the IRS look for business activity in the US that's considerable, continuous and regular, carried on by you or by people acting for you. In practice, these are what create one:

  • An office or fixed place of business in the US, including a co-working desk you actually use.
  • Employees in the US, or a dependent agent there who can sign contracts for the company.
  • Services performed in the US by you or your staff, depending on how much and how often.
  • Inventory held in the US and sold from there, which is the open question for Amazon FBA sellers.

On their own, these don't: forming the company in Wyoming, having a registered agent, a US bank account, US customers, independent US contractors, a US mailing address, or selling software or services to Americans from a desk in another country. A company with none of the first list, whatever it has from the second, is the ordinary foreign-owned LLC, and it has no US trade or business.

Where the income comes from

Income from services is sourced where the work is done. A developer in Lahore writing code for a client in Austin earns Pakistani-source income, whatever the client's address or the invoice says. Income from selling goods you bought is generally sourced where ownership passes to the buyer, which for inventory shipped from abroad is often abroad. Royalties are sourced where the intellectual property is used, so a US platform paying for US views or downloads pays US-source royalties, which is why creators have tax withheld.

Passive income: taxed by withholding

US-source royalties, dividends and interest paid to a foreign person are taxed by withholding. The payer keeps 30% unless a treaty lowers the rate, and you claim the lower rate on a W-8BEN. If the right amount was withheld, there's usually no return to file for that income. Payments for services performed abroad aren't withheld on, because they aren't US-source.

What a treaty changes

If you live in a treaty country, the treaty generally lets the US tax your business profits only if you have a permanent establishment there: a fixed place of business, or an agent who habitually concludes contracts for you. Treaties also set lower withholding rates. Without a treaty, the domestic rules above apply on their own. Each country page says which applies to you.

State tax

Wyoming has no income tax, and Delaware doesn't tax an LLC that doesn't operate in Delaware. Other states tax income sourced to them, which for a company with no presence in the state is usually none. A company that does operate somewhere, with staff, an office or stock, is taxed there and should register there. State income tax and your LLC has more.

What's filed either way

Filing and tax, by situation
Situation
Federal filing
Tax due
Single-member LLC, foreign owner, no US trade or business
Form 5472 with a pro forma Form 1120
None
The same, with US-source royalties from a platform
Form 5472 with a pro forma Form 1120; the platform withholds
The withholding is the tax
Single-member LLC with effectively connected income
Form 1040-NR for the owner, with Schedule C, plus Form 5472 with the pro forma 1120
US tax on the net profit, at graduated rates
Multi-member LLC, no effectively connected income
Form 1065 with a Schedule K-1 for each member
None
C-Corporation
Form 1120, with Form 5472 if 25% or more foreign-owned
21% corporate tax on profit; withholding on dividends

Your own country

None of this changes what your own tax office expects. It taxes you as a resident under its own rules and its own view of what a US LLC is. Most countries tax residents on their worldwide income, a few tax only local income, and many treat a company managed from their territory as resident there. Whatever the US concludes, you still file at home.

Questions

The questions this guide gets asked.

If yours is not here, email us at [email protected] before you order.

Usually not on income from work done outside the United States, if the company has no US office, staff, dependent agent or inventory sold from the US. It still files Form 5472 with a pro forma Form 1120 every year.

No. Income from services is sourced where the work is done, not where the client is. A client in Texas paying for work done in Cairo is paying for Egyptian-source income.

Income from a US trade or business, such as an office, employees, a dependent agent, or goods sold from US premises. It's taxed at ordinary US rates on the net profit, and it means filing a US return.

If your country has one, the US generally taxes your business profits only if you have a permanent establishment in the US, and withholding on royalties, dividends and interest is usually lower. Each country page says whether a treaty is in force.

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