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I am non resident (indian citizen). I formed LLC (texas registered) in which I am 25% partner. How can I take out income and file my taxes?

 
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DS30
New Member

I am non resident (indian citizen). I formed LLC (texas registered) in which I am 25% partner. How can I take out income and file my taxes?

As a nonresident alien, you are only required to file a 1040NR to report any US sourced income (TurboTax does not support Form 1040NR). Here is a link to the IRS website for Form 1040NR, U.S. Nonresident Alien Income Tax Return.

Regarding your multi-member LLC, you will not include this LLC on your personal income tax return (unless a husband and wife LLC formed in a community property state (which Texas is) then see additional information below). Instead the LLC will need to file either a 1065 (if it is considered a partnership) or 1120/1120S if considered a C or S Corporation.

If you file as a partnership (Form 1065) or as an S Corp (Form 1120S) then your LLC will issue you a K-1. You will include this K-1 information on your Form 1040NR. The K-1 should include your share of any income from the LLC and any distributions to you as either a partner or member.

To file a Form 1065, 1120 or 1120S, you will need TurboTax Business, you can download a copy here

If LLC owned by a husband and wife in a community property state ( Louisiana, Arizona, California, Texas, Washington, Idaho, Nevada, New Mexico, and Wisconsin), you have a choice.

If there is a qualified entity owned by a husband and wife as community property owners, and they treat the entity as a:

  • Disregarded entity for federal tax purposes (a Schedule C filing), the Internal Revenue Service will accept the position that the entity is disregarded for federal tax purposes.
  • Partnership for federal tax purposes (a Form 1065 filing), the Internal Revenue Service will accept the position that the entity is partnership for federal tax purposes.

A change in the reporting position will be treated for federal tax purposes as a conversion of the entity.

A business entity is a qualified entity if:

  1. The business entity is wholly owned by a husband and wife as community property under the laws of a state, a foreign country, or possession of the United States;
  2. No person other than one or both spouses would be considered an owner for federal tax purposes; and
  3. The business entity is not treated as a corporation under IRC §310.7701-2.


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