Withholding & Tax TreatiesAnswered

How does treaty transparency work for disregarded LLCs?

MF
michael_fc25new member
September 3, 2022 2,150 views 1 answer
treaty-transparencydisregarded-llchybrid-entitytax-treaty

I have a single-member LLC in the U.S. that is disregarded for U.S. tax purposes. My tax advisor says that to claim treaty benefits, the LLC must be treated as transparent by both the U.S. and my home country. What does treaty transparency mean, and what happens if my home country does not recognize the LLC as transparent? Could I lose my treaty benefits entirely?

Related Questions

WithholdingAnswered

What is the Limitation on Benefits (LOB) clause and how does it affect my treaty claim?

I am trying to claim treaty benefits on my Form W-8BEN-E, but I keep encountering references to the Limitation on Benefits clause. The form asks me to certify which LOB provision I satisfy. Can someon...

H3
henrik_3945·Jul 20, 2018
1,5501
WithholdingAnswered

How does the U.S.-China tax treaty affect Chinese owners of U.S. LLCs?

I am a Chinese tax resident who recently formed a single-member LLC in the United States to sell software services. I want to understand how the U.S.-China income tax treaty affects my withholding and...

W3
wei_34a7·Mar 11, 2019
2,0501
WithholdingAnswered

How do tax treaties affect withholding on dividends from my U.S. LLC?

My U.S. LLC elected to be taxed as a corporation and now pays dividends to me as the sole foreign shareholder. The default 30% withholding is being applied. I am a resident of the Netherlands and I be...

LD
lars_d095·Aug 14, 2021
1,3501
WithholdingAnsweredFeatured

How does the U.S.-Canada tax treaty apply to Canadian owners of U.S. LLCs?

I am a Canadian resident who owns a U.S. single-member LLC that provides consulting services. I know Canada and the U.S. have a tax treaty, but I have heard that Canada does not always recognize U.S. ...

D5
david_5e21·Aug 21, 2021
2,6501
WithholdingAnsweredFeatured

How do I properly fill out Form W-8BEN-E for my foreign-owned LLC?

I need to submit Form W-8BEN-E to a U.S. client for my foreign-owned LLC. The form is very long and confusing with all the entity classifications and FATCA statuses. Can someone walk me through the ke...

JD
james_df02·Jul 10, 2023
2,7001
WithholdingAnswered

Do treaty-country entities automatically qualify for reduced U.S. withholding in 2026?

My company is registered in a treaty-country jurisdiction. Does that automatically give me a reduced U.S. withholding rate in 2026, or are there extra hoops?

M8
mateusz_8426·Apr 15, 2026
3121
WithholdingAnsweredFeatured

How does the U.S.-UK tax treaty affect my foreign-owned LLC?

I am a UK tax resident who owns a single-member LLC in the United States. I want to understand how the U.S.-UK income tax treaty applies to my situation. What withholding rates apply to different type...

T6
thomas_6dc4·Oct 3, 2024
2,5001
WithholdingAnswered

I started doing U.S. implementation work in person. Does that mean my old W-8BEN-E may no longer fit?

I am based in Germany and originally ran everything remotely, so W-8BEN-E made sense to me. This year I spent a few weeks in the U.S. doing implementation workshops for two customers and I may do that...

J5
jonah_5de3·Jan 10, 2025
2,6601
WithholdingAnsweredFeatured

Does my U.S. LLC create a permanent establishment under a tax treaty?

I am a nonresident alien who operates a consulting business through a U.S. LLC. I keep hearing that a permanent establishment (PE) in the U.S. could affect my tax treaty benefits and my overall tax li...

OD
oliver_df9c·Aug 20, 2023
2,2001
WithholdingAnsweredFeatured

What is Section 1446 withholding and how does it apply to foreign LLC members?

I am a foreign partner in a multi-member LLC that is treated as a partnership for U.S. tax purposes. I was told that the LLC must withhold tax on my share of the partnership's effectively connected in...

C2
carlos_27c1·Jul 13, 2020
1,7501

Have a similar question?

ForeignLLCTax members get expert answers with IRS citations. One CPA consultation costs $200+. Full access is $9.99/month.

Become a Member — $9.99/mo

Disclaimer: All content on ForeignLLCTax.com is created by a tax professional and is provided for general educational and informational purposes only. It does not constitute tax, legal, or accounting advice, and should not be relied upon as such. Every tax situation is different — for advice specific to your circumstances, please consult a licensed CPA, Enrolled Agent, or tax attorney. By using this website, purchasing a subscription, or accessing any tools or services, you acknowledge that no client-professional relationship is established between you and ForeignLLCTax.com or its operators. This website is not affiliated with the IRS.

Watch the walkthroughs