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Creating an LLC in order to carry out one's professional activity offers many advantages and opportunities on the American market for French entrepreneurs.
One of the many advantages of the LLC is its tax regime, thanks to the 1994 Franco-American treaty which allows to avoid double taxation between France and the United States.
In the U.S., non-resident aliens who own income-producing businesses receive favorable tax treatment. Thus, if the entrepreneur is not an "ETBUS", i.e. does not have a "dependant agent" (a person who performs important formalities for the LLC's activity) in the United States, he or she will not be subject to US tax.
A single member LLC is considered non-existent for U.S. tax purposes and is therefore tax transparent. Regarding multiple partner LLCs, for tax purposes, they are considered partnerships (note: regardless of the purpose of the company, if it is considered ETBUS, U.S. tax will be due).
It is strongly recommended that you consult a tax specialist to find out which regime applies to you in order to avoid any detrimental errors. Indeed, the fine in case of error or omission can be as high as $25,000.
If you have any questions, the experts at ExpertLLCUSA.com are at your disposal to help you with your project and answer your needs.
A French tax resident who owns an LLC USA must report the income of his company to the IRS (US tax authorities), through different forms.
It should be noted that the profits made by the LLC must also be declared in France (or in the partner's country of tax residence).
La convention fiscale conclue en 1994 entre la France et les États-Unis a pour objectif d’éviter aux contribuables une double-imposition. Toutefois, elle n’offre pas la possibilité de ne pas effectuer de déclaration fiscale dans les deux pays.
Expert LLC USA's specialists will help you determine which regime is applicable to you and will accompany you to file your LLC USA tax return as a non-resident.
The U.S. LLC is a semi-transparent entity for tax purposes, so the partners are personally liable for the tax on the profits earned by the company, corresponding to the share held by each of them in the LLC's capital. The partners will be personally liable for taxes in their country of residence, and the income will not be taxed in the United States.
The specialists of Expert LLC USA are at your disposal to answer all your questions. You can make an appointment directly online, where you can ask all your questions to our experts.
