Hi David,
Four of us formed an LLC in Lousiana. For tax purposes it is a
partnership. We only have incorporation expenses in 2004 and no other
business done. Three of us are US residents and one is a German
Resident and does not have an SSN. How do I(or Can I)issue K1 when he
has no SSN ? Pl help.
Are there any other formalities to be completed for bringing in a
German into our LLC ?
Thanks a bunch
XXXXXXX
------------------------
david ingram replies:
I gave your question to my associate George Arora CPA MBA MST
(Masters in taxation) to answer. His suggestion is that you need the
following to get going.
Following are the items required for LLC formalities
1. Federal Identification number for the partnership by filing form
SS-4
https://sa.www4.irs.gov/sa_vign/newFormSS4.do
Instructions for your reference are at
http://www.irs.gov/businesses/small/article/0,,id=102766,00.html
2. LLC agreement
3. Louisiana State ID number, apply through Louisiana State
We do not believe that Louisiana needs its own number. The Federal
EIN is sufficient.
4. The German non-resident can get an ITIN by filing a W-7
application
see form at:
http://www.irs.gov/pub/irs-fill/fw7.pdf
5. All the incorporation fees are capitalized. No income/expense if no
activity in 2004
6. Any income distribution requires LLC to withhold tax. Information
returns
8804 and 8805 need to be filed as well.
http://www.irs.gov/pub/irs-pdf/f8804.pdf
http://www.irs.gov/pub/irs-pdf/f8805.pdf
George Arora
We would be glad to look after this at a distance for you.
Interestingly enough, as you sent this email, I was dealing with a
German National living in Vancouver as well.
Canada and Germany changed their treay for 2003 and 2004 about the way
that German Social Security is taxed in Canada.
I had to amend his 2003 return to include 27% of the social security
hge received in 2003 because he started receiving it at age 65. The
taxable amount changes for every year you started receiving the
pension. Crazy set of calculations but you have set yourself up to
keep track of these kinds of things by bringing in a German National
into the partnership.
Answers to this and other similar questions can be obtained free on
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