Hello, I am a foreigners owning a single member LLC in Wyoming. I formed this company late in 2011, and still haven’t filed a tax return. I know it’s late and I will have to pay penalty, however I am having hard time finding a CPA that can help me with this filing. Specifically, since I don’t have SSN I learned that to file as LLC I would need to obtain ITIN first which is not a simple task. Alternatively, I was told to file as C-Corp, but for that I first need to file form 8832.
I tried calling the IRS to understand how to do it, but they were not helpful and said that “this situation is beyond their training” or something of that kind.
I basically need help find an accountant who knows how to handle this situation.
You do have to file a Form 8832 for an LLC to elect C Corp status; however, there are time limits on when you can file an 8832 and have the tax status take effect. If the LLC was formed in 2011, you may already be past the deadline to file and have it effective for the 2011 tax year Depending on the nature of your business, an 8832 may not be the best option.
Obtaining an ITIN is also an option, if in fact you as a non-resident are subject to US tax. Instructions for applying for an ITIN can be found at http://www.irs.gov/Individuals/Individual-Taxpayer-Identification-Number-(ITIN).
A single member LLC can be a disregarded entity for US tax purposes, which means you have to look at the status of the owner to determine what tax returns if any need to be filed.
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