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Malik Jackson

Foreign LLC Tax Exemption for US Dual Citizens?

So I've got dual citizenship with the US and another country, and I've been digging into my tax obligations lately. I'm thinking of starting a business in my other country of citizenship and wondering about the tax implications. Specifically, if I set up an LLC over there, would I still have to pay US taxes on the money I earn in that country if I'm living there full-time and spending all the income there too? I'm also curious about the reverse situation - if I decided to move back to the US but kept my foreign LLC operating, would I then have to pay US taxes on the income from that foreign LLC? I know the US has some pretty extensive reach when it comes to taxing its citizens abroad, but I'm hoping there might be some exemptions or treaties that could help me out here. Anyone have experience with this kind of setup?

The short answer is that as a US citizen, you're required to file US tax returns and report your worldwide income regardless of where you live or where your business is established. This is true even if you're a dual citizen living outside the US full-time. However, there are some provisions that might help reduce your US tax burden. The Foreign Earned Income Exclusion (FEIE) allows you to exclude up to $120,000 (for 2025) of foreign earned income from US taxation if you meet either the bona fide residence test or the physical presence test. There's also the Foreign Tax Credit, which can help prevent double taxation by giving you credit for taxes paid to another country. As for your LLC specifically, the US tax treatment depends on how the entity is classified for US tax purposes. A foreign LLC might be treated as a disregarded entity, partnership, or corporation depending on your elections and circumstances. This classification significantly affects how the income is taxed.

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Thanks for the response! So even if I'm living abroad full-time, I still need to file. That makes sense. For the FEIE, does income from my own business count as "earned income" or is that considered something different? And how does the Foreign Tax Credit work if the tax rate in my other country is lower than the US rate?

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Income from your own business where you actively perform services can generally qualify as earned income for the FEIE. This includes self-employment income or salary you pay yourself from the LLC if it's set up appropriately. For the Foreign Tax Credit, you can claim a credit for the actual amount of tax paid to the foreign country. If the foreign tax rate is lower than the US rate, you'll still potentially owe some US tax on the difference. For example, if your effective foreign tax rate is 15% and your US rate would be 22%, you might still owe that 7% difference to the US after applying the foreign tax credit.

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I was in a similar situation last year with dual US/Canadian citizenship and running a business through a Canadian corporation. I was completely lost trying to figure out all the tax implications until I found this AI tax assistant at https://taxr.ai that specializes in international tax situations. It analyzed my specific scenario with my foreign business structure and saved me from making some costly mistakes. The tool was really helpful because it walked me through exactly which forms I needed (there are so many!) and explained how the FEIE and Foreign Tax Credit would apply to my specific situation. It also flagged potential FBAR and FATCA reporting requirements that I had no idea about - apparently there are huge penalties if you miss those.

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How exactly does the AI know international tax laws? I'm in a similar situation with an LLC in Portugal and the accountants I've talked to in the US seem clueless about international situations.

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That sounds interesting but does it actually connect you with a real tax professional at some point? I'm worried about relying solely on AI for something as complicated as international tax law.

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The AI is trained on international tax regulations and treaties between the US and various countries. It's specifically designed to handle cross-border situations like foreign entities owned by US citizens. What I found really helpful was that it breaks down the different tax treatments based on entity classification, which most US-based accountants don't deal with regularly. I was skeptical too, but the tool actually provides references to the specific IRS code sections and regulations it's basing its answers on. It doesn't replace a tax professional entirely, but it helped me understand my situation enough to have productive conversations with my accountant and ask the right questions. I showed the analysis to my accountant and he confirmed it was accurate for my situation.

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Just wanted to follow up - I tried the taxr.ai site after seeing this thread and it was legitimately helpful for my situation with a UK limited company. It identified that I needed to file Form 8832 to elect how my foreign company would be treated for US tax purposes (something I had no idea about). The system also explained how the income would flow through differently depending on whether I classified it as a disregarded entity or corporation. For anyone dealing with international business structures, it saved me hours of research and probably thousands in potential penalties. I was able to take the detailed report to my accountant who was impressed with how comprehensive it was.

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As someone who went through this exact situation with my Mexican business, I found that trying to call the IRS for guidance was nearly impossible. After spending hours on hold multiple times, I used https://claimyr.com to get through to an actual IRS agent. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c The agent I spoke with confirmed that as a US citizen, I needed to report my worldwide income but also explained some treaty benefits I qualified for with my Mexican LLC. She walked me through the forms I needed and confirmed I could use Form 8832 to elect how my entity would be treated for US tax purposes. Saved me from potentially missing important filings.

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Wait, this service actually gets someone to call the IRS for you? How does that even work? The IRS phone lines are notoriously impossible to get through.

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Sounds like a scam to me. Why would I pay someone to call the IRS when I can just do it myself? And how would they even know your specific tax situation to ask the right questions?

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It doesn't call the IRS for you - it holds your place in line. The way it works is they have an automated system that navigates the IRS phone tree and waits on hold, then when an agent picks up, it calls you so you can talk directly to the IRS agent. You're the one having the actual conversation about your tax situation. The reason it's helpful is that IRS wait times can be 2-3 hours (or they just hang up on you if call volume is too high). With this service, you don't have to sit by your phone all day - you just get called when an actual human at the IRS is on the line. I was skeptical too, but I needed answers about my foreign LLC tax treatment and couldn't afford to wait weeks for a response to a mailed letter.

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I need to apologize for my skeptical comment earlier. After waiting on hold with the IRS for 2 hours yesterday only to be disconnected, I decided to try Claimyr out of desperation. Within about 25 minutes, I got a call back with an actual IRS agent on the line. The agent walked me through the FBAR filing requirements for my foreign bank accounts associated with my LLC and confirmed I needed to file Form 5471 because of my ownership percentage. Honestly, this was information I couldn't find clearly explained anywhere online. I wish I'd known about this service years ago - would have saved me a lot of headaches and probably some penalties too.

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Don't forget about GILTI (Global Intangible Low-Taxed Income) if your foreign LLC is treated as a corporation for US tax purposes! This was created in the 2017 tax reform and can result in additional US tax on certain foreign corporation income, even if you don't distribute the money to yourself. Also, depending on your ownership percentage, you might be dealing with Controlled Foreign Corporation (CFC) rules, which have their own complex reporting requirements. I made this mistake with my Singapore business and ended up with a $10,000 penalty for late filing Form 5471. It's no joke!

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Woah, that sounds complex and potentially expensive. So how do you determine if your foreign LLC is considered a corporation for US tax purposes? Is that something I actively choose or does the IRS decide for me?

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By default, a foreign LLC with a single owner is treated as a disregarded entity (essentially a sole proprietorship) for US tax purposes, unless you elect otherwise. If there are multiple owners, it's typically treated as a partnership. You can file Form 8832 to elect corporate treatment if that's beneficial for your situation. The key thing to understand is that the US tax classification might be completely different from how your entity is classified in the foreign country. So your "LLC" abroad might be treated as something entirely different by the IRS. This is why getting proper advice early is crucial - the filing requirements and tax treatment vary dramatically based on the classification.

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Has anyone here dealt with banking issues for their foreign LLC? My bank in Portugal is threatening to close my business account because I'm a US citizen due to FATCA compliance issues. They said something about not wanting to deal with the reporting requirements to the IRS.

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Yeah, this is a common problem. Many foreign banks don't want to deal with US citizen customers because of the FATCA reporting burdens. I had to shop around in Thailand to find a bank willing to work with my company. Usually larger international banks are more willing to deal with US citizens than smaller local ones.

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Thanks for the info. I'll check with some of the bigger banks here. It's super frustrating that being a US citizen makes banking so difficult abroad even when I'm legitimately running a business in another country where I also have citizenship.

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