Do I Have to File Foreign LLC?

Understanding Foreign LLC Formation

The requirement to file for a Foreign LLC is usually to expand one’s business operations or to open an additional retail or brick-and-mortar location in a new state.

Tax Requirements for a Foreign LLC

Paying state taxes as a domestic limited liability company can be achieved by filing different forms with the IRS. Here are the common tax forms a foreign LLC may be required to file:

  1. Form 1120-F: A foreign limited liability company uses this form treated as a corporation for U.S. federal tax purposes.

  2. Form 1065: If the foreign LLC is treated as a partnership for tax purposes (e.g. if it has multiple owners), it may need to file Form 1065.

Steps for Registering a Foreign LLC

How Do I File for a Foreign LLC? Each state has some specifics about the process of opening a Foreign LLC, but the basic steps you need to take are the following:

  1. Register a Domestic LLC
  2. Choose a state to expand into
  3. Visit the Secretary of State website

Tax Considerations for Foreign Owned LLCs

Do foreign owned LLC pay taxes? The foreign partner of a US LLC will be deemed to be engaged in a US trade or business. The LLC must withhold 35% of its profits for taxes, paid and filed on a quarterly basis to the IRS.


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