QUESTION

Can a Brazilian import partner but a partner in a US LLC or S-corp?

Asked on Aug 10th, 2012 on Taxation - California
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2 ANSWERS

Tax Law Attorney serving Greenwood Village, CO at ColoTech, LLC
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Yes.
Answered on May 29th, 2013 at 12:06 AM

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Elder Law Attorney serving Hollister, CA at Charles R. Perry
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In general, a foreigner can be a partner in an LLC or in a corporation. However, the corporation will not be treated as an S-corporation for tax purposes if the foreigner is also a nonresident alien. In that case, the corporation will be treated as a C-corporation and taxed as a separate entity. The question, then, is whether the Brazilian partner is a nonresident alien for purposes of American law. A good business and tax lawyer should be able to help you structure this venture and explain the tax consequences of the various options. I hope this is helpful.
Answered on Aug 16th, 2012 at 1:36 AM

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