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PDF Editor FAQ

When someone asks for a full tax return are they just asking for your 1040?

The full Tax Return would be the Form 1040 and all Schedules that were filed including W2's , F1099's and any other document reporting income.

What is the most humiliating thing you have ever seen happen to a receptionist?

Before I came to Thailand, I worked in Corporate America.Her name was Laurie, and she was a really hardworking, patient receptionist, a young, very attractive woman of 21 who was going to night classes to further her education. Few knew that.She was first contact for phone calls, visitors, deliveries and dealt with the everchanging schedules for five VPs and their unit managers.She also had to contend with men hitting on her, both staff and visitors. She was good at it and could usually send them on their way with no hard feelings.Except VP3. He never stopped pestering her. He had gone through a bitter divorce in which he had to give his ex almost half of the wealth and his children for marathon cheating.Laurie looked like a younger version of his ex.The humiliating event was orchestrated by VP3. He had a very powerful client that paid the company millions. The client called, Laurie informed him that VP3 was in a meeting and would return his call within the hour. She hand delivered the message to VP3.But he didn’t make the call. He accused her of not telling him and blackmailed his secretary into backing him up. He didn’t do this quietly: he called HR and the other VPs to the open conference room and berated her in front of them.Laurie attempted to defend herself, but VP3 was relentless and knew the company wouldn’t dare take her word over his. When he couldn’t force her to publicly admit wrongdoing, nor would she grovel, he loudly fired her with no severence pay.But Laurie was no fool. She had kept copious records about work and VP3’s harassment. She had many friends in the office who would testify on her behalf.Within a month, she had filed a suit against the company and VP3. The company offered a hefty sum to make it all go away.But karma wasn’t finished.Fast forward about six years. That really important client filed suit against VP3 and the company for mismanagement.I enjoy imagining the reaction when the company lawyers informed VP3 et al that Laurie was one of several attorneys opposing them and had depositioned numerous previous and current employees. The court threw out the ‘conflict of interest’ motion.I heard that the company and VP3 had to pay a stunning amount.One never knows who that ‘lowly’ employee may be one day!

What are my taxes as a non-resident alien (Delaware LLC member) receiving fees in the US?

Sure, I can address tax issues here. A legal LLC formed in a particular US states with more than one member defaults to tax partnership for tax purposes as noted in Treasury Regulation Section 301.7701-3(b)(1)(i). For tax purposes, we are dealing here with a domestic tax partnership with foreign LLC members (foreign partners).The LLC’s activities (tax partnership) transfer to the LLC members (tax partners) for tax purposes (Section 875). Looking at the non resident foreign partners here, Section 871(b) taxes a foreign non resident person on his/her effectively connected income from a United States trade or business (“USTB”).While the internal revenue code and treasury regulations do not define a USTB directly, the courts have looked at this issues extensively over the years. Since you have a legal entity formed in a a particular state within the US and you provide digital services for US customer(s) on a regular and continuous basis, you have a USTB. However, the LLC does not have effectively connected income.As the LLC service firm operating physically from a non US location generates foreign source personal service income (Section 862(a)(3). And, foreign personal service income does not represent effectively connected income under Section 864(c)(4)(A).With no effectively connected income, the non resident LLC members have no tax liability in the US as the LLC requires both a USTB and effectively connected income as defined above in Section 871(b)In addition, the LLC does have reporting requirements in the US. As Treasury Regulation Section 1.6031(a)-1(a)(1) requires all domestic partnerships to file a partnership tax return. An exception does exist here. However, Treasury only exempts those domestic partnership with no income or deductions or credits from filing under paragraph (3)(i). A LLC domestic tax partnership generating revenue and expenses does not meet this exception. Thus, the LLC operating as a domestic partnership still files a return and reports this income in a manner which clearly shows the LLC tax partnership only has income and expense not taxed under Section 871(b). This requires unique reporting on the 1065 return Schedule K and the K-1s in order for obtaining practicable result.And, each non resident alien partner files 1040 non resident personal tax return. The non resident reports $0 taxable income but still has filing requirements. As Treasury Regulation Section 1.6012-2(b)(1)(i) clearly requires a return for any such individual conducing a USTB in the US even though the individual has no effectively connected income. In addition, the non resident files documentation with Treasury for obtaining an Individual Tax Identification Number (“ITIN”). We file this documentation with the 1040 non resident return. This documentation requires the non resident include proof of identity document(s) with the filing in order to gain the ITIN.I have completed the above tax analysis based on this unique situation using primary tax law. If the situation changes in any way, the tax results may change considerably. www.rst.tax

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