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Can a foreigner be a partner in an LLC? Yes, they can. A small business owner, also known as a member, can operate under the structure of a limited liability company, LLC, and reap the same tax benefits as a sole proprietorship.
Schedule E, Page 2. If you are a member of a foreign partnership or other company, then your tax return becomes unnecessarily complicated and not only that you have to include the information on schedule E, page 2 ? but you may also have to report it on a variety of different forms such as a form 5471, 8621 or 8865.
If a foreign partnership has income from the U.S., they may be required to file Form 1065 to report that U.S. income. If a foreign partnership is considered a controlled foreign partnership, certain US partners may have to file Form 8865 to report their interest in that partnership.
Complete a separate Form 8865 and the applicable schedules for each foreign partnership. File the 2022 Form 8865 with your income tax return for your tax year beginning in 2022.
First, foreign partners will need to obtain an Individual Taxpayer Identification Number (ITIN) or a Social Security Number (SSN) if they wish to receive a share of the LLC's profits. Additionally, foreign partners will need to pay taxes on their share of the LLC's profits, just like US citizens.