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常问问题

 

公司注册的步骤是怎样的?

 

第 1 步:与 CPA(注册会计师)进行 1 小时聊天:

在您注册我们的高级注册服务后 - 第一步是与注册会计师就以下问题进行一小时讨论:


开美国公司全流程:

·     公司类型

·     公司注册状态

·     EIN – 雇主身份证号码

·     这需要多久

·     税收

·     银行选项

·     年度申报


第二步:公司名称

我们检查名称并让您知道它是否可用且合法

第三步:公司成立

·     我们向您发送公司注册文件以进行签名并通过电子邮件返回给我们

·     我们开设公司并获得批准(5-6 个工作日)

第 4 步:EIN

·      EIN = Employer ID number,即公司官方ID号。

·     一旦我们获得公司证书(再过 2-3 天),我们就会向您发送 EIN 申请以进行签名。  

·     我们将 EIN 申请提交给 IRS 以供批准和处理(10-12 个工作日)

·     一旦我们从 IRS 收到 EIN 确认信,我们就可以开始银行流程了。

第 5 步 :银行账户/商户账户流程:

·     我们向您介绍 5 家美国银行和支付解决方案提供商

·     然后我们将向您了解您的银行业务需求是什么

·     我们将向您解释每家银行对非美国居民的要求

·     并建议首先向哪些银行申请

·     我们将帮助您处理您必须提交的申请、文件和信息

·      我们帮助银行进行尽职调查 验证和识别您的美国公司和任何实际所有者的过程。

·     我们将帮助您回复任何银行查询和附加信息请求

·     如果第一家银行拒绝您的申请,我们将继续下一家银行

F.A.Q:

Advantages of LLC          

 

Limited Liability of the owners is the first and most important one.
Members of a LLC benefit from the 'limited liability' characteristic of this legal entity and are protected from personal liability for business disputes that arise between the LLC and a third party. This means that if the LLC incurs debt or is sued, members' personal assets are usually exempt. This is similar to the liability protections afforded to shareholders of a corporation.

 

Less Formalities. LLC's laws in most states require much less formalities and Less Recordkeeping compared to a corporation. As such, there is less registration paperwork and there are smaller start-up costs.

 

Profits distribution. Members can distribute profits with much less restrictions than in a corporation. Ownership ratio can be different than profit distribution ratio and not necessarily tied up to each member's investment.              

                     

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Disadvantages of LLC 

Limited Life. In many states, when a member leaves an LLC, the business is dissolved and the members must fulfill all remaining legal and business obligations to close the business. The remaining members can decide if they want to start a new LLC or part ways. However, you can include provisions in your operating agreement to prolong the life of the LLC if a member decides to leave the business.

 

Self-Employment Taxes. Members of an LLC are considered self-employed and must pay the self-employment tax contributions towards Medicare and Social Security. The entire net income of the LLC is subject to this tax.         

                                 

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LLC tax treatment      

     

LLC can be treated  by the IRS as either a corporation, partnership, or as part of the LLC’s owner’s tax return (a “disregarded entity", depending on elections made by the LLC and the number of members. 

 

Single Member LLC. LLC with only one member is treated as an entity disregarded as separate from its owner for income tax purposes (but as a separate entity for purposes of employment tax and certain excise taxes), unless it files Form 8832 and affirmatively elects to be treated as a corporation.

 

Multi Member LLC. LLC with at least two members is classified as a partnership for federal income tax purposes unless it files Form 8832 and affirmatively elects to be treated as a corporation.

                                 

                                 

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Federal income tax        

The U.S. has two separate income tax systems: Federal and State. The Federal tax is administrated by the IRS (Internal Revenue Service) and imposed by the IRC (internal Revenue Code) on net taxable income (gross income minus tax deductions).

Tax Rate--Single Taxpayers--

Tax rate     Taxable income bracket   Tax owed

10%            $0 to $9,950                       10% of taxable income

12%            $9,951 to $40,525               $995 plus 12% of the amount over $9,950

22%            $40,526 to $86,375             $4,664 plus 22% of the amount over $40,525

24%            $86,376 to $164,925           $14,751 plus 24% of the amount over $86,375

32%            $164,926 to $209,425         $33,603 plus 32% of the amount over $164,925

35%            $209,426 to $523,600         $47,843 plus 35% of the amount over $209,425

37%            $523,601 or more               $157,804.25 plus 37% of the amount over $523,600

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State tax             

State income tax comes in addition to any Federal income tax imposed by the IRS and it is administrated by each state Tax or Revenue Department. There are Seven states that have no income tax:

Alaska

Florida

Nevada

South Dakota

Texas

Washington

Wyoming

Two states have a limited income tax on individuals.  These states tax only dividend and interest income:

 

Tennessee

New Hampshire

Here's a listing of each state's highest income tax rate and how much income you'll have to make to pay that rate.

 

Alabama: 5% on income over  $3,000

Alaska: No income tax

Arizona: 4.54% on income over $150,000

Arkansas: 7% on income over  $32,600

California:10.55% on income over $1 million

Colorado: flat 4.63% of federal taxable income

Connecticut: 6.5% on income over $500,000

District of Columbia: 8.5% on income over $40,000         

Delaware: 6.95% on income over $60,000

Florida: No income tax

Georgia: 6% on income over $7,000

Hawaii: 11% on income over $200,000

Idaho: 7.8% on income over $26,418

Illinois: flat 3% of federal AGI with modifications

Indiana: flat 3.4% of federal AGI with modifications

Iowa: 8.98% on income over $63,315

Kansas: 6.45% on income over $30,000

Kentucky: 6% on income over $75,000

Louisiana: 6% on income over $50,000

Maine: 8.5% on income over $20,150

Maryland: 6.25% on income over $1 million

Massachusetts: flat 5.3% on all income

Michigan: flat 4.35% of federal AGI with modifications

Minnesota: 7.85% on income over $74,780

Mississippi: 5% on income over $10,000        

Missouri: 6% on income over $9,000

Montana: 6.9% on income over $15,400

Nebraska: 6.84% on income over $27,000

Nevada: no income tax

New Hampshire: 5% on interest and dividend income.  Wages are not taxed.

New Jersey: 8.97% on income over $500,000

New Mexico: 4.9% on income over $16,000

New York: 8.97% on income over $500,000

North Carolina: 7.75% on income over $60,000

North Dakota: 4.86% on income over $373,650

Ohio: 5.925% on income over $200,000

Oklahoma: 5.5% on income over $8,700

Oregon: 11% on income over $250,000

Pennsylvania: flat 3.07% on all income

Rhode Island: 9.9% on income over $373,650

South Carolina: 7% on income over $13,700

South Dakota: no income tax

Tennessee: 6% on interest and dividend income.  Wages are not taxed.

Texas: no income tax 

Utah: flat 5% on all income

Vermont: 8.95% on income over $373,650

Virginia: 5.75% on income over $17,000

Washington: no income tax

West Virginia: 6.5% on income over $60,000

Wisconsin: 7.75% on income over $225,000

Wyoming: no income tax

 

                                 

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LLC with non US members & no US operation      

Taxable income generated by LLC that elects to be treated as disregarded entity for tax purposes, may be considered 'not effectively connected with US trade or business' and as such not be subject to US taxation, if all LLC members are non US residents and living outside of the US and the LLC has no US presence or operation.

 

If members of the LLC live in the US while they performing services on behalf of the LLC, the LLC taxable income could be then considered as 'effectively connected with US trade or business' and as such be subject to US taxation.

 

Generally, when a foreign person engages in a trade or business in the United States, all income from sources within the United States connected with the conduct of that trade or business is considered to be Effectively Connected Income (ECI). This applies whether or not there is any connection between the income, and the trade or business being carried on in the United States, during the tax year. Generally, you must be engaged in a trade or business during the tax year to be able to treat income received in that year as ECI. You usually are considered to be engaged in a U.S. trade or business when you perform personal services in the United States. Whether you are engaged in a trade or business in the United States depends on the nature of your activities. Deductions are allowed against ECI, and it is taxed at the graduated rates or lesser rate under a tax treaty.

The following categories of income are usually considered to be connected with a trade or business in the United States.

 

You are considered to be engaged in a trade or business in the United States if you are temporarily present in the United States as a nonimmigrant on an "F," "J," "M," or "Q" visa. The taxable part of any U.S. source scholarship or fellowship grant received by a nonimmigrant in "F," "J," "M," or "Q" status is treated as effectively connected with a trade or business in the United States.

 

 

If you are a member of a partnership that at any time during the tax year is engaged in a trade or business in the United States, you are considered to be engaged in a trade or business in the United States.

 

 

You usually are engaged in a U.S. trade or business when you perform personal services in the United States.

 

 

If you own and operate a business in the United States selling services, products, or merchandise, you are, with certain exceptions, engaged in a trade or business in the United States. For example, profit from the sale in the United States of inventory property purchased either in this country or in a foreign country is effectively connected trade or business income.

 

 

Gains and losses from the sale or exchange of U.S. real property interests (whether or not they are capital assets) are taxed as if you are engaged in a trade or business in the United States. You must treat the gain or loss as effectively connected with that trade or business.

 

 

Income from the rental of real property may be treated as ECI if the taxpayer elects to do so.

 

                                 

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LLC with non US members & US real estate        

LLC that owns real estate in the U.S. can generates rental income (or loss) from renting out the properties and collecting rent from tenants and capital gain (or loss) from the sale of such proeprties. Since both incomes are related to assets and operation physically located in the US, they will both be subject to US taxation.

 

The income will be subject to Federal tax and to the state tax in which the property is located. For example if you have a Delaware LLC, with property in New York and property in California, you will be subject to Federal tax on income from both properties, New York tax on the property located in New York, and California tax on the income generated from the property in California.          

                                 

                                 

                                 

                                 

 LLC with non US members & US operation         

Income generated by LLC with US operation may be considered as 'effectively connected with US trade or business' and as such be subject to US taxation, even if all LLC members are non US residents and living outside of the US.

 

The income will be subject to Federal tax and to the state tax in which the US operation is located. For example if you have a Delaware LLC, with office and  employee in NY and another office and employee California, you will be subject to Federal tax on income from both properties, New York tax on the portion of the taxable income associated with New york (normally it will be calculated as follows : New York wages / Total wages x Total taxable income), and California tax  on the portion of the taxable income associated with California (normally it will be calculated as follows : California  wages / Total wages x Total taxable income).   

                                 

                                 

                                 

                                 

Which income tax returns does LLC file 

LLC filing requirements depend on the entity election to be treated as corporation or disregarded entity and the number of owners.

 

LLC elected to be treated as corporation will have to comply with all the filing requirements impose on a General Corporation, known as C. Corporation. This includes IRS from 1120 and all related statements and schedules. If the company had trading and or business activities it must disclose its income statement and balance sheet. 

 

Single Member LLC. If a single-member LLC does not elect to be treated as a corporation, the LLC is a “disregarded entity” and the LLC’s activities should be reflected on its owner’s federal tax return. If the owner is an individual, the activities of the LLC will generally be reflected on:

Form 1040 Schedule C, Profit or Loss from Business (Sole Proprietorship) (PDF)

Form 1040 Schedule E, Supplemental Income or Loss (PDF)

Form 1040 Schedule F, Profit or Loss from Farming (PDF)

An individual owner of a single-member LLC that operates a trade or business is subject to the tax on net earnings from self employment in the same manner as a sole proprietorship.

 

If the single-member LLC is owned by a corporation or partnership, the LLC should be reflected on its owner’s federal tax return as a division of the corporation or partnership

 

 

Multi Member LLC. If the LLC is a partnership, normal partnership tax rules will apply to the LLC and it should file a Form 1065, U.S. Return of Partnership Income (PDF). Each owner should show their pro-rata share of partnership income, credits and deductions on Schedule K-1 (1065), Partner’s Share of Income, Deductions, Credits, etc. Generally, members of LLCs filing Partnership Returns pay self-employment tax on their share of partnership earnings.

 

                                 

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When does LLC must file its income tax return  

LLC filing deadlines depend on the entity election to be treated as corporation or disregarded entity and the number of owners.

 

LLC elected to be treated as corporation. Form 1120 or Form 7004 (Application for Automatic Extension of Time To File form 1120).   These forms are due on the 15th day of the 3rd month after the end of the LLC's tax year.  Form 7004 is used to request an extension of time to file Form 1120 . Timely filed form 7004 allows the LLC to file its annual tax return by the 15th of the 9th month after the end of the LLC's tax year. Estimated tax payments are due on the 15th day of the 4th, 6th, 9th, and 12th months of the LLC's tax year.

 

Single Member LLC. Single-member LLC that does not elect to be treated as a corporation is a “disregarded entity,�?and the LLC’s activities should be reflected on its owner’s federal tax return - Form 1040 or 1040NR (if the owner is a non US resident).  This form is due on the 15th day of the 4th month after the end of your tax year. Form 4868 is used to request an extension of time to file Form 1040. Timely filed form 4868 extends the filing deadline by 6 months. Estimated tax payments (Form 1040-ES). Payments are due on the 15th day of the 4th, 6th, and 9th months of your tax year and on the 15th day of the 1st month after your tax year ends.

If the single-member LLC is owned by a corporation or partnership, the LLC should be reflected on its owner’s federal tax return as a division of the corporation or partnership

 

 

Multi Member LLC. Form 1065.   This form is due on the 15th day of the 4th month after the end of the partnership's tax year. Provide each partner with a copy of Schedule K-1 (Form 1065) or a substitute Schedule K-1. Timely filed form 7004 allows the LLC to file its annual tax return by the 15th of the 9th month after the end of the LLC's tax year.               

                                 

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Can I get more time to file the tax returns?         

There are three ways you can request an automatic extension of time to file a U.S. individual income tax return: (1) you can electronically file Form 4868 or Form 7004(PDF), Application For Automatic Extension of Time To File U.S. Individual Tax Return; (2) you can pay all or part of your estimate of income tax due using a credit or debit card or by using the Electronic Federal Tax Payment System (EFTPS); or (3) you can file a paper Form 4868 or 7004 by mail.

 

If you file your Form 4868 or 7004 electronically you will receive an acknowledgement or confirmation number for your records and you do not need to mail in Form 4868 or 7004.

 

If you need to pay additional taxes when filing Form 4868 or 7004 electronically, you may do so through the outside service provider or through e-file. You can refer to your tax software or tax professional for ways to file electronically using e-file services. Several companies offer free filing of Form 4868 or 7004 through the Free File program that you can access on the IRS.gov website. If you wish to file electronically, be sure to have a copy of last year's tax return. You will be asked to provide the adjusted gross income (AGI) from the return for taxpayer verification.

 

A second way of requesting an automatic extension of time to file your individual income tax return is to pay part or your entire estimate of income tax due by credit card or debit card or by using EFTPS. You may pay by phone or Internet through one of the service providers listed on Form 4868 or 7004. Each service provider will charge a convenience fee based on the amount of the tax payment. At the completion of the transaction, you will receive a confirmation number for your records.

 

Finally, you can request an automatic extension of time to file your individual income tax return by completing paper Form 4868 or 7004 and mailing it to the appropriate address provided on the form. Please be aware that an extension of time to file is NOT an extension of time to pay.

 

Extracted from the IRS at: http://www.irs.gov/taxtopics/tc304.html       

                                 

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Do I need to submit audited financial statements?          

Audited financial statements mean financial statements on which an independent auditor has expressed an opinion, whether qualified, unqualified, disclaimed, or adverse, under GAAP, IFRS, or another country-specific accounting standard, including a modified version of any of the above (for example, modified GAAP). Compiled or reviewed financial statements are not audited financial statements. 

 

There is no requirement to file audited financial statements with form 1120, 1040 or 1065. The only requirement is to disclose the income statement, balance sheet and equity / capital accounts, but they can be un-audited financial statements.

 

                                 

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What is my tax year?     

The IRS recognizes two main types of taxable or tax years—a calendar tax year and a fiscal tax year.  Your business structure and cycle will help determine whether a calendar or fiscal tax year is appropriate.  

 

Calendar tax year.  A calendar year is twelve consecutive months, running from January 1st and ending December 31st.  Most small businesses use a calendar year as their tax year. 

 

Fiscal tax year.  A fiscal tax year is twelve consecutive months ending on the final day of any month other than December (i.e. July 31st).  Alternatively, a fiscal tax year may also be a 52 to 53 week tax year that does not end on the last day of a given month.  Under a 52 to 53 week fiscal year, your tax year always concludes on the same day of the week when it lasts occurs in that calendar month (i.e. the last Wednesday in March) or falls nearest to the last day of that month. 

 

Once you have established your LLC’s taxable year, be aware that you must follow it in subsequent years and it can be difficult to change your taxable year in the future.  However, you may be able to vary your LLC’s tax year if there is a valid business reason for the modification, such as making an adjustment for a seasonal or cyclical business.  But you must formally request and receive IRS approval in advance to change your tax year.  The IRS wants to avoid situations in which changing your tax year may result in lost or distorted revenues.         

                                 

                                 

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Do I need to sign the tax returns?           

You are required to sign your tax return. By signing the return, you are declaring under penalty of perjury that your tax return is accurate. You must not cross out, put a line through, or white out the perjury statement just above the signature line. If you do so, the IRS will consider your tax return "frivolous" and assess a $500 civil penalty.

 

You are required to date your tax return. The date must be the day you actually signed the tax return. Giving the IRS your occupation and telephone number is optional, but highly suggested.

 

Paid Preparer's Use Only If you have paid a tax professional to prepare your return, the preparer must fill out this section of the tax return. He or she must sign and date the return, must write down their Social Security Number or Preparer's Tax ID Number, and provide other information about the tax firm. Do not let your preparer leave this area blank. If someone is helping you to prepare your tax return, such as a friend, relative, or volunteer, they do not need to fill in this information if they are not being paid to help you.      

                                 

                                 

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How do I submit the tax returns?  

          

After you sign your return, you will have to simply post it to the IRS using the address listed on the return. You can use your country Postage service, Fedex, UPS, DHL or any other courier service that provides shipping to the US with tracking.

 

We highly recommend that you only use traceable postage service, either 'Register' or 'Certified' mail, to make sure you have ‘proof of mailing‘ of the return. This means that if for some reason, the IRS misplace, loose, disregard or do not process your return for any other reason, you will not be subject to any actions due to non-filing. The mailing receipt you have serves as proof of filing.            

                                 

                                 

                           

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Do I get filing confirmation?     

  

The IRS does not send letter of confirmation after receiving your return. The mailing receipt you hold from the courier is your proof of filing.  

 

If you wish to verify that your return has been received and processed by the IRS, you can order “Transcript” of your account or your tax return.  

 

A tax return transcript shows most line items from your tax return (Form 1040, 1040A or 1040EZ) as it was originally filed, including any accompanying forms and schedules. In most cases, your transcript includes all the information a lender or government agency needs. It does not show any changes you, your representative or we made after you filed. Ask your financial institution to be sure a return transcript will meet their requirements. The tax return transcript is generally available for the current and past three years.

 

The IRS can also provide a tax account transcript. The tax account transcript, which is also free, shows basic data from your return, including marital status, type of return filed, adjusted gross income and taxable income. It also includes any adjustments you or we made after you filed your return. Like the tax return transcript, the tax account transcript is generally available for the current and past three years. Order Your Transcript You can now order your transcript(s) using our new Order a Transcript application. Or you can fill out our new Short Form Request for Individual Tax Return Transcripts, (Form 4506T-EZ). This streamlined form will help you get your return information quickly and easily. If you or your business needs information from other IRS forms, such as Form W-2 or Form 1099, you can use Form 4506-T, Request for Transcript of Tax Return, to get it. You can download these forms from the links on the right side of this page or order them from the IRS's self-service line at 1-800-908-9946.

 

If you order form(s) by phone, follow the prompts and select 3, then 1 to quickly complete your order. Once you get your transcript order form, complete it, sign it and send it to the address listed in the instructions. Either way, you can expect to get your transcript within 5 to 10 days from the time we receive your signed request.       

                                 

                                 

                                 

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How long should I keep records?             

The length of time you should keep a document depends on the action, expense, or even the document records. Generally, you must keep your records that support an item of income or deductions on a tax return until the period of limitations for that return runs out. The period of limitations is the period of time in which you can amend your tax return to claim a credit or refund, or that the IRS can assess additional tax.

 

The below information contains the periods of limitations that apply to income tax returns. Unless otherwise stated, the years refer to the period after the return was filed. Returns filed before the due date are treated as filed on the due date.

Note: Keep copies of your filed tax returns. They help in preparing future tax returns and making computations if you file an amended return.

 

You owe additional tax and situations (2), (3), and (4), below, do not apply to you; keep records for 3 years.

You do not report income that you should report, and it is more than 25% of the gross income shown on your return; keep records for 6 years.

You file a fraudulent return; keep records indefinitely.

You do not file a return; keep records indefinitely.

You file a claim for credit or refund* after you file your return; keep records for 3 years from the date you filed your original return or 2 years from the date you paid the tax, whichever is later.

You file a claim for a loss from worthless securities or bad debt deduction; keep records for 7 years.

Keep all employment tax records for at least 4 years after the date that the tax becomes due or is paid, whichever is later.

 

Are the records connected to assets? Keep records relating to property until the period of limitations expires for the year in which you dispose of the property in a taxable disposition.  You must keep these records to figure any depreciation, amortization, or depletion deduction and to figure the gain or loss when you sell or otherwise dispose of the property. Generally, if you received property in a nontaxable exchange, your basis in that property is the same as the bases of the property you gave up, increased by any money you paid. You must keep the records on the old property, as well as on the new property, until the period of limitations expires for the year in which you dispose of the new property in a taxable disposition. What should I do with my records for nontax purposes? When your records are no longer needed for tax purposes, do not discard them until you check to see if you have to keep them longer for other purposes.  For example, your insurance company or creditors may require you to keep them longer than the IRS does.

 

Extracted from the IRS at: http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/How-long-should-I-keep-records    

                                 

                                 

                                 

Email us if you have questions about this topic

                                 

Can my return be examined or audited?  

            

When returns are filed, they are compared against “norms for similar returns”. The “norms” are developed from audits of a statistically valid random sample of returns. These returns are selected as part of the National Research Program which the IRS conducts to update return selection information.

 

The return is next reviewed by an experienced auditor.  At this point, the return may be accepted as filed, or if based on the auditor’s experience questionable items are noted, the agent will identify the items noted and the return is forwarded for assignment to an examining group.

 

Upon assignment to a group, the return is reviewed by the manager.  Items considered in assigning a case are:  factors particular to the area such as issues pertaining to construction, farming, timber industry, etc. that have specific factors and rules that apply.  Based on the review, the manager can accept the return or assign the return to an auditor.  The assigned auditor again reviews the return for questionable items and either accepts it as filed or contacts the taxpayer to schedule an appointment.

 

Where will the audit be held?

It depends on the type of audit being conducted.

 

Audits by Mail/Correspondence Audit:  Some audits are conducted entirely by mail. If the audit is conducted by mail, you will receive a letter from the IRS asking for additional information about certain items shown on the tax return such as income, expenses, and itemized deductions.

 

In-Person Audits are audits conducted either at a local IRS office or at your business location.

 

Can you request the audit be conducted at the IRS office instead of at your place of business?

If the audit has been scheduled to be conducted at your location, it will generally be conducted where the books and records are located.  Requests to transfer the audit to another location, including an IRS office, will be considered but may not be granted. Treasury Regulation 301.7605-1(e), Time and place of audit, discusses the items considered when a request for a change in location is made.

 

Can the audit be transferred to another IRS office?

You can request a transfer of an audit if you have moved.  Several factors will be considered such as your current location, the location of the business and where the books and records are maintained.

 

If the audit is by correspondence, you can request a face-to-face audit because the books and records may be too voluminous to mail.

 

How long should the records related to a business or other long-term asset be kept?

In the case of an asset, records related to the asset should generally be kept for as long as you have the asset plus three years.  If the asset was exchanged, the basis for the new asset may include the exchanged asset so the records for both assets will need to be retained until the new asset is disposed plus three years from the file date of the tax return for the year of disposition.

 

How long should payroll records be kept?

In general, payroll records should be kept for six years with a review of the file to see if any items relating to current employees should be retained with current records.

 

After an auditor completes the audit, will the case be reviewed to ensure the audit results are correct?

All cases may be reviewed by the auditor’s manager either during the audit or upon completion. If errors are noted by the manager, the auditor will contact you to advise you about the proposed correction and what impact this may have on the amount of tax due.

 

It's time for my appointment and I'm not ready. What do I do?

If you do not have all the information requested, contact your auditor at the number reflected in the notification letter to discuss what information is currently available.  It may be possible to begin the audit with the information available rather than postpone the appointment.  The quicker the audit begins, the quicker it can be resolved.  In addition, if the initial appointment is scheduled beyond 45 days from the initial action, managerial approval is required.

 

How far back can the IRS go to audit my return?

Generally, the IRS can include returns filed within the last three years in an audit.  Additional years can be added if a substantial error is identified.  Generally, if a substantial error is identified, the IRS will not go back more than the last six years.

 

The IRS tries to audit tax returns as soon as possible after they are filed.  Accordingly most audits will be of returns filed within the last two years.

 

If an audit is for an older year, you may be requested to extend the statute of limitations for assessment of your tax return.  The statute of limitations limits the time allowed to assess additional tax.  The statute of limitations is generally three years after a return is due or was filed, whichever is later.  There is also a statute of limitations for making refunds.

 

If the audit is not resolved and the statute of limitations date is nearing, you may be asked to extend the statute of limitations date.  This will allow you additional time to provide further documentation to support your position, request an appeal if you do not agree with the audit results, or to claim a tax refund or credit. It also allows the IRS time to complete the audit and provides time to process the audit results.

 

You do not have to agree to extend the statute of limitations date.  However, if you do not agree, the examiner will be forced to make a determination based upon the information they currently have.  Therefore, the examiner may not be able to consider additional adjustments, such as expenses, that could lower the amount of tax due.

 

More information related to extending a statute of limitations can be obtained in Publication 1035, Extending the Tax Assessment Period, or from your auditor.

 

Extracted from the IRS at: http://www.irs.gov/Businesses/Small-Businesses-%26-Self-Employed/IRS-Audit-FAQs

 

                                 

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Which information is required to prepare the tax returns?          

               

To prepare your returns we will ask for the following information:

 

 

 

Information about your US company.

 

1.       Entity type

 

2.       Full legal name

 

3.       EIN (employer ID number)

 

4.       Full legal address

 

5.       Full business address

 

 

 

Officers, Directors and Managers

 

1.       Title

 

2.       Full legal name

 

3.       Full address

 

 

 

Shareholders and Owners

 

1.       Full legal name

 

2.       Full address

 

3.       % of ownership

 

 

 

General questions                         

 

Did you have any trading? or business activities?                              

 

Business description                    

 

Did you prepare Balance sheet and Income statement?

 

Did you have any US employees?                              

 

If yes, in which States?                                  

 

Did you have any physical office in the US? 

 

If yes, in which States?                                      

 

 

 

Financial Statements

 

1.       Income statement

 

The income statement is the one of the three major financial statements. The other two are the balance sheet and the statement of cash flows. The income statement is divided into two parts: the operating and non-operating sections.

 

The portion of the income statement that deals with operating items is interesting to investors and analysts alike because this section discloses information about revenues and expenses that are a direct result of the regular business operations. For example, if a business creates sports equipment, then the operating items section would talk about the revenues and expenses involved with the production of sports equipment.

 

The non-operating items section discloses revenue and expense information about activities that are not tied directly to a company's regular operations. For example, if the sport equipment company sold a factory and some old plant equipment, then this information would be in the non-operating items section.

 

 

 

Download Excel sample: http://office.microsoft.com/en-001/templates/results.aspx?qu=income+statement&ex=1&origin=TC010073876#ai:TC102803409|

 

Extracted from http://www.investopedia.com/terms/i/incomestatement.asp

 

 

 

2.       Balance sheet

 

A financial statement that summarizes a company's assets, liabilities and shareholders' equity at a specific point in time. These three balance sheet segments give investors an idea as to what the company owns and owes, as well as the amount invested by the shareholders.

 

The balance sheet must follow the following formula:

 

Assets = Liabilities + Shareholders' Equity

 

 

 

It's called a balance sheet because the two sides balance out. This makes sense: a company has to pay for all the things it has (assets) by either borrowing money (liabilities) or getting it from shareholders (shareholders' equity).

 

Each of the three segments of the balance sheet will have many accounts within it that document the value of each. Accounts such as cash, inventory and property are on the asset side of the balance sheet, while on the liability side there are accounts such as accounts payable or long-term debt. The exact accounts on a balance sheet will differ by company and by industry, as there is no one set template that accurately accommodates for the differences between different types of businesses.

 

 

 

Download Excel template: http://office.microsoft.com/en-001/templates/balance-sheet-TC010073876.aspx

 

 

 

Extracted from: http://www.investopedia.com/terms/b/balancesheet.asp

 

 

 

3.       Equity / Capital

 

A firm's total assets minus its total liabilities. Equivalently, it is share capital plus retained earnings minus treasury shares. Shareholders' equity represents the amount by which a company is financed through common and preferred shares.   Shareholders' Equity Also known as "share capital", "net worth" or "stockholders' equity". Shareholders' equity comes from two main sources. The first and original source is the money that was originally invested in the company, along with any additional investments made thereafter. The second comes from retained earnings which the company is able to accumulate over time through its operations. In most cases, the retained earnings portion is the largest component.

 

 

 

Download Excel sample: http://office.microsoft.com/en-001/templates/results.aspx?qu=Shareholders%27+Equity&ex=1#ai:TC104099167|

 

Extracted from: http://www.investopedia.com/terms/s/shareholdersequity.asp

                 

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如果我提交申请迟到了怎么办?                

               

逾期申报可能会导致巨额罚款。一些退货将被处以 10,000 美元的罚款。

 

以下是关于迟交或迟交罚款的八个要点。

 

如果您未在报税截止日期前提交,则可能会受到未报税罚款。如果您未在报税截止日期前缴纳所有应缴税款,则可能适用未缴税款。

 

未提交的罚款通常高于未付款的罚款。您应该每年按时提交纳税申报表,即使您无法在到期日之前支付您所欠的所有税款。您可以通过纳税申报表支付尽可能多的费用来减少额外的利息和罚款。你应该 探索其他付款方式,例如获得贷款或签订分期付款协议。国税局将与您合作。

 

迟交的罚款通常是每个月或部分月纳税申报迟交的未缴税款的 5%。该罚款从纳税申报截止日期后的第二天开始计算,并且不会超过您未缴税款的 25%。

 

如果您未在纳税截止日期前缴纳税款,您通常将面临未缴税款 1% 的 1/2 的未缴纳罚款。该罚款适用于到期日后的每个月或一个月的部分时间,并在纳税申报到期日后的第二天开始累积。

 

如果您及时请求延长提交个人所得税申报表的时间并支付了至少 90% 的应缴税款,则您可能不会面临拖欠罚款。但是,您必须在延长的到期日之前支付任何余额。

 

如果 5% 的未提交罚款和 1/2% 的未支付罚款在任何一个月都适用,那么您将为两者支付的最高罚款为 5%。

 

如果您在到期日或延长到期日后 60 天以上提交报税表,则最低罚款为 135 美元或未缴税款的 100% 中的较小者。

 

如果您能证明未按时提交或付款的合理理由,您将无需支付迟交或迟交罚款。

 

 

摘自 I:http://www.irs.gov/uac/Newsroom/Eight-Facts-on-Late-Filing-and-Late-Payment-Penaltieshttp://www.irs.gov/uac/Newsroom/Eight -关于延迟提交和延迟付款处罚的事实

 

 

                               

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如果我根本不提交会发生什么?               

               

您可能没有提交今年或前几年的联邦所得税申报表。无论您出于何种原因未提交所需的报税表,请尽快提交您的纳税申报表。法律允许美国国税局对不提交申报表施加极高的处罚,在某些情况下甚至采取法律行动(刑事和民事)。

 

 

 

如果您的报税表未在截止日期前提交(包括提交时间的延长),您可能会受到未能提交的处罚,除非您有合理的理由未能及时提交。如果您在报税表的到期日(不包括延期提交的时间)之前没有全额缴纳税款,您也可能会被罚款,除非您有合理的理由未能及时缴纳,或美国国税局已批准您因过度困难而延长纳税时间的申请(请参阅表格 1127 (PDF),因过度困难而延长纳税时间的申请)。此外,即使您有延期申报的时间,逾期未缴纳的税款也会产生利息。罚款也会收取利息。

 

 

如果您需要退款,则不会因未提交申请而受到处罚。但是,如果您等待提交退货或以其他方式要求退款,您可能会完全失去退款。在大多数情况下,必须在到期日的 3 年内提交要求退款的原始退货单,才能获得退款。

 

 

三年窗口期满后,退税法规禁止签发退税支票,也禁止将任何抵免(包括多缴的估计税或预扣税)用于其他未缴税的纳税年度。但是,IRS 评估和收取任何未清余额的时效直到提交申报表才开始。换句话说,如果没有提交申报表,则评估和征收税款没有时效。

 

 

摘自美国国税局:http://www.irs.gov/taxtopics/tc153.html

 

 

                               

                               

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我需要在我的祖国报税吗?    

               

一般来说,除美国税法外,您还必须遵守居住国对您施加的税法和法规。这意味着,如果您是某个国家/地区的居民,而该国家/地区的税法要求您报告并为在该国家/地区以外产生的收入纳税,您可能有义务报告您的美国公司产生的收入。

 

我们强烈建议您咨询您所在国家/地区的当地税务顾问,该顾问专门从事国际税收工作,并且在向当地政府报告外国收入方面具有适当的经验。     

                               

                               

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美国政府是否会将申报表的副本发送给我的政府?     

 

美国政府与许多国家签订了税收协定。这些税收协定管理与 IRS 和其他政府之间的信息交换。因此,简而言之,如果您居住在与美国签署税收协定的国家/地区,并且您的政府向 IRS 发送信息请求,IRS 可能会回复信息以遵守该协定。

 

如果与美国有税收协定的外国需要信息,外国主管当局将向 LMSB 副专员(国际)提出请求。

 

IRS 向外国税务机关披露信息必须得到 LMSB 副局长(国际)的授权。

 

某些自动或“例行”的交换(例如传输从支付给非居民外国人的收入中扣缴的税款报告)是通过国家办公室的信息交换小组处理的。

 

LMSB 副专员(国际)通常将信息请求转发给 LMSB 项目经理、信息交流和海外业务;税务专员;税务局代表;或联合国际避税中心信息中心 (JITSIC) 主任。

 

当从 IRS 办公室收到所要求的信息时,副局长(国际)、LMSB、工作人员(信息交换小组、税务专员、税务局代表或联合国际避税中心信息中心 (JITSIC))为将信息传送给外国主管当局。对于与同步刑事调查计划有关的请求,LMSB 副专员(国际)有权授权任何披露。

 

对于与同步考试计划或全行业信息交流有关的条约伙伴请求,LMSB 副专员(国际)将:

 

将请求转发给国际区域经理以采取行动;和

 

收到资料后,转交条约伙伴主管机关。

 

对于自发的信息交流,副专员(国际)、LMSB 工作人员(信息交流小组、税务专员、税务局代表或联合国际避税中心信息中心 (JITSIC))将向条约传输美国信息伙伴主管机关。

 

一般来说,根据税收协定,不向外国税务机关提供申报表。

 

如果有必要发出传票以获取所要求的信息,传票将准备给 LMSB 副专员(国际)的工作人员,并在发出前转发给副首席法律顾问(国际)第 7 分部进行审查.

 

可能识别机密线人或以其他方式严重损害 IRS 税务调查的返回信息通常不会向外国税务机关披露。

 

会泄露商业或商业秘密的信息不包括在条约的信息交换条款中。有关进一步的程序,请参阅 IRM 4.60.1.2.5.3,商业秘密。

 

根据税务条约向外国税务机关披露的信息必须按照 IRC §6103(p)(3) 和 1974 年隐私法进行说明。有关更多信息,请参阅 IRM 11.3.37,记录保存和披露会计。

 

根据联邦州协议向美国领土披露的信息受 IRC §6105 的约束。根据 IRC §6103(d) 项下的这些协议披露的税务信息也受 IRC §6103(p)(3) 和 IRC §6103(p)(4) 的管理规定的约束。未经授权披露和检查根据美国领土协议交换的税务信息可能会导致 IRC §7213 和 §7213A 下的刑事制裁以及 IRC §7431 下的民事损害赔偿。

 

 

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对外国的非条约披露

尽管 IRC §6103(k)(4) 通常授权向外国税务机关披露税务信息,但 IRC §6103 的其他规定允许在某些情况下向外国或外国个人进行有限的披露。无论美国是否与该国签订税收协定或 TIEA,都可以进行这些披露。但是,当税收协定或 TIEA 生效时,必须尽可能根据税收协定或 TIEA 交换信息。

 

根据 IRC §6103(k)(6),IRS 员工可能会向外国个人披露退货信息。请参阅 IRM 11.3.21,调查披露。

 

根据 IRC §6103(c) 和 (e),退货和退货信息也可能会披露给美国纳税人以书面形式指定接收此类信息的外国个人。

 

例子:

根据纳税人的书面要求和披露同意书,IRS 可以向税收协定国家证明,税款是在美国缴纳的,以使纳税人能够在外国报税表上获得税收抵免。

 

                               

               

美国所得税条约 - A 到 Z

美国与许多外国签订了税收协定。根据这些条约,外国居民(不一定是公民)按较低税率征税,或者对他们从美国境内获得的某些收入项目免征美国税。这些降低的税率和免税额因国家和特定收入项目而异。根据这些相同的条约,美国居民或公民从国外获得的某些收入项目按减税税率征税,或免征国外税。大多数所得税条约都包含所谓的“保留条款”,该条款阻止美国公民或居民使用税收条约的规定来避免对美国来源收入征税。

 

如果条约不涵盖特定类型的收入,或者您所在的国家/地区与美国之间没有条约,您必须按照适用美国说明中所示的相同方式和税率为收入纳税退税。

 

美国许多州的税收收入来源于他们的州。因此,您应该咨询您获得收入的州的税务机关,以了解任何州税是否适用于您的任何收入。美国的一些州不遵守税收协定的规定。

 

此页面提供了美国与特定国家之间税收协定的链接。有关税收协定的更多信息,另请参阅财政部的税收协定文件页面。

 

            

摘自美国国税局:http://www.irs.gov/irm/part11/irm_11-003-025.html     

                               

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我是否要交两次税,一次在美国,一次在我的祖国?

     

简短的回答是否定的,您不会两次缴纳所得税。长答案是,许多国家承认您在美国支付的任何税款作为对您对美国收入征收的地方税的抵免/付款。

 

示例:您是拥有美国有限责任公司的英国居民。您的美国公司产生了 100,000 美元的利润,而您就该收入向 IRS 支付了 20,000 美元。然后,您将 100,000 美元的利润报告给您的英国政府。英国对其征收的税为 22,000 美元。英国将抵消您已经支付的 20,000 美元的美国税款与 22,000 美元的英国纳税义务,因此,您只需支付剩余的 2,000 美元。

 

我们强烈建议您咨询您所在国家/地区的当地税务顾问,该顾问专门从事国际税收工作,并且在向当地政府报告外国收入方面具有适当的经验。

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12,233
公司
⎯⎯⎯

⎯⎯⎯
10,356
创始人
⎯⎯⎯

⎯⎯⎯
25,367
纳税申报表
⎯⎯⎯

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