pk
Level 15
Level 15

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@ale_marcano , having gone through the above  discussion and generally agreeing  with @Opus 17  and @Anonymous_ ,  still I would like to add the following:

 

(a) an  US registered entity ( i.e. one operating under the US tax laws  ), has at least  three   extra-business  requirements  ---

                1. withhold  employee taxes  and transmit to the taxing authorities  as part of Pay as you earn -- US version .  Therefore the need for EIN; 

                2. Contribute  to employees' FICA , collect the FICA taxes and transmit to taxing authorities;

                3. File its own tax return   ( stand-alone  or otherwise ) hence the need for a Tax ID.   It uses  EIN  ( for states  often EIN or a separate ID for State of domicile/ registry ).  Depending on the type of entity , there are differences in how the reporting is done , which form and whom pays the  taxes due.

 

(b) A foreign entity with nil presence ( physical and income source/ connection )  in the USA is beyond the ambit of US tax laws , even if owned by a US person/entity -- generally.  However the income  from such endeavors that is attributable / flowing  to the US person/ entity is part of the world income of the taxpayer ( person /entity).

 

(c) Therefore the whole question of tax id, reporting of the income etc. of a foreign entity ( constituted  under the laws of another country is generally not applicable.

 

(d) A US person  having a sole proprietor business ( be it a store/ consulting/ professional services or what have you  )  in another country, however is a taxpayer with a foreign source of income.  This income indeed can /should be reported as a Schedule-C income and may be eligible for Foreign Earned Income exclusion and/or foreign tax credit.  This  treatment is identical if the taxpayer were located in the USA or with a taxhome in foreign land.

 

Does this make sense  ?

 

pk