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We have a LLC registered in New Mexico. We are not US citizens neither resident in the US. Do we have to file tax returns in the US?

We are residents in a Gulf country and use the LLC for earning affiliate commissions through online marketing.
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2 Replies
pk
Level 15
Level 15

We have a LLC registered in New Mexico. We are not US citizens neither resident in the US. Do we have to file tax returns in the US?

@1health-one-dev  generally yes.  The entity is an US entity, not disregarded and has to pay taxes on world income.  Generally , with only foreign partners, there should be a US agent whom would be responsible  for filing and paying taxes.   See here -- Helpful hints for partnerships with foreign partners | Internal Revenue Service

Also note that many of the gulf countries do not have tax treaty with the USA.

 

Is there more I can do for you ?

JotikaT2
Employee Tax Expert

We have a LLC registered in New Mexico. We are not US citizens neither resident in the US. Do we have to file tax returns in the US?

It depends upon what type of entity you are referring to.

 

Adding on to what pk has already mentioned above, if you are referring to the LLC, it will depend upon how it is set up.  If it is a single-member LLC, the filing requirements would be different than if the LLC has several members and is operating as a multimember LLC.  For the actual LLC as business, the foreign LLC may need to file a gross receipts tax within New Mexico.

 

If the LLC is a single member LLC, you would need to report this activity on a Schedule C as part of your 1040NR.  A New Mexico nonresident state tax return is also required for any person/entity earning any income within New Mexico.  While TurboTax does not support this form, Sprintax can be used to prepare the nonresident forms.

 

If the LLC is a multimember LLC, you would need to file a partnership, S-corporation, or C-corporation tax return based upon how your LLC elected to be taxed.  Please see this link for additional information.

 

[Edited 6/18/2025: 3:36PM PST]

@1health-one-dev 

 

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