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How do I calculate the Substantial Presence Test to know if I'm a U.S. tax resident?
I'm a foreign national who owns a single-member LLC in the U.S. and I travel to the States frequently for business meetings. Last year I was in the U.S. for about 110 days, and the year before about 90 days. Someone told me I might accidentally become a U.S. tax resident if I spend too many days there. How exactly does the Substantial Presence Test work? Is it just 183 days per year, or is there some other formula? I want to make sure I don't cross the line without knowing it.
Related Questions
What is GILTI and how does it affect U.S. shareholders of foreign corporations?
I keep hearing about GILTI in the context of international tax reform. I'm a U.S. person who owns a foreign company, and someone told me I might owe tax on income my foreign company earns even if I never take a dividend. That sounds crazy to me. Can someone explain what GILTI actually is, how it works at a high level, and who it applies to? I want to understand the basics before I talk to my CPA.
I'm a foreign person owning a U.S. LLC — do I need to worry about GILTI?
I'm a non-U.S. resident who owns a single-member LLC in the United States. My LLC provides consulting services to clients in the U.S. and abroad. A friend told me about GILTI and said I should check if it applies to me. But everything I read says GILTI is for U.S. shareholders of foreign corporations. I'm a foreign person owning a U.S. entity — isn't that the opposite? Do I need to worry about GILTI at all, or is this a non-issue for someone in my situation?
How do you calculate GILTI? What are tested income, QBAI, and net DTIR?
I understand GILTI at a high level but I'm struggling with the actual calculation. My CPA mentioned terms like 'tested income,' 'QBAI,' and 'net deemed tangible income return' and I got lost. I own a U.S. holding company that has two CFCs — one is profitable and the other is running at a loss. Can someone walk me through the mechanics of how GILTI is actually computed? And does the loss from one CFC offset the income from the other?
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