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Level 3
June 18, 2020
Question

My client is a foreign national that has a distribution company in the US that is an LLC, Do I use the normal 1065 to do the company 2019 tax return ?

  • June 18, 2020
  • 3 replies
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3 replies

itonewbie
Level 15
June 18, 2020

1065 is for partnership.  Is the US LLC owned by more than one person?  If not, the US LLC is an SMLLC, which is a DRE.  This would mean that income/expenses of the SMLLC should be reported on the foreign national's return (1040-NR for NRA and 1040 for resident alien).  If the foreign national is an NRA, there will be some important additional reporting and filing requirements; see this recent discussion for more details: https://proconnect.intuit.com/community/proconnect-tax-online-discussions/discussion/does-proconnect-include-a-form-5472-info-return-for-foreign/00/88260

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Dak2019Author
Level 3
June 19, 2020

The client is a partnership LLC its a father and son and neither of them are US citizens and residents. How do I treat this return?

itonewbie
Level 15
June 22, 2020

1065 will need to be filed since this is a partnership and there will be various withholding requirements for US-ECI and FDAP with respect to these foreign partners.

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