Share of profits from LLC in USA

Share of profits from LLC in USA

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I would be grateful for help/comments on dealing with share of trading profits from a LLC (Limited Liability Corporation) in USA

Is it liable to UK Tax?

Where do you show this income in SA Return?

Is Class 4 N I payable on it? 

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By Marion Hayes
23rd Jan 2012 22:57

It depends

LLC's can be taxed in America in different ways.

The basic question is to asertain whether the LLC is treated as transparent in the US i.e. are they taxed on profits arising - in which case you enter their profit share on the foreign schedule in the UK return. If they are taxed on the amounts drawn I believe it is effectively a dividend with a tax credit according to the US/UK agreement but again it is shown on the foreign schedule.

There is no liability to Class 4

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By uktaxpal
23rd Jan 2012 23:16
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By Marion Hayes
24th Jan 2012 07:15

Election

In America, depending on it's makeup, an LLC can elect to be taxed as a corporation, a partnership or a sole trader. The tax treatment here will flow from the tax treatment there.

http://www.irs.gov/businesses/small/article/0,,id=98277,00.html 

 

This is also relevant here pending appeal - I haven't heard any more of the progress but someone else may have

http://www.hmrc.gov.uk/international/swift-v-hmrc.htm 

 

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By Marion Hayes
24th Jan 2012 07:29
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By vipinraja
24th Jan 2012 16:07

Share of profits from LLC in USA

 

Thank you. I think the decision in Swift case is reversed by the Upper Tribunal in HMRC v George Anson.

 

http://www.annlhumphrey.com/case-studies/case-study-uk-us-corporate-joint-venture-%E2%80%93-choice-vehicle-january-2008 

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