E-Commerce & Digital SellersAnswered

I run a SaaS business through my foreign-owned LLC — are subscription revenues subject to U.S. tax?

TP
tomasz_pl_9defnew member
November 17, 2023 2,567 views 1 answer
SaaSdigital servicesforeign LLCECIsubscription revenueDelaware LLCcloud services

I'm from Poland and I built a project management SaaS tool. I formed a Delaware LLC to accept payments from U.S. and international customers. Everything runs on AWS and I manage everything from Warsaw — no office, no employees, no servers physically in the U.S.

About 40% of my customers are in the U.S. ($120,000 out of $300,000 total revenue). I use Stripe for billing. Is this SaaS revenue considered ECI? And what about state taxes — some states seem to be taxing SaaS differently?

I've been filing Form 5472 but I'm worried I'm missing something big.

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