Hello James, My LLC was formed on October, 2025, and I was planning to file the BOI report. However, FinCEN’s March 26, 2025 update says that all U.S.-created entities are now exempt from BOI reporting under the new interim rule. Could you please confirm that I do not need to file the BOI report at this time? Thank you in advance!

If an LLC is not ETBUS (Engaged in a Trade or Business Inside the United States) is it still possible for it to have ECTI and be required to file 8804/8805 for its foreign partners? The reason I ask is that I got a communication from a CPA once hinting that I had to file 8804/8805s for ANY LLC with foreign partners (even with zero income). The LLC he was filing the return for was not ETBUS. Later I came across contrary info, indicating I only need to file 8804s if there is ECTI. Either there is info to back up the CPA's statement (which I can't find), or he was speaking sloppily and not accurately (and forgetting that the LLC was not ETBUS).

Let's say I (US citizen) form a US (Wyoming) C Corp and add a UK resident/citizen as an owner. As long as I keep their ownership under 25%, I don't have to file the 5472. But what if they are married and I give them each 20%? Do I have to file 5472 because their combined ownership is over 25%, and they are married? Or is it based on individual ownership being under 25%?

Wyoming VS Nevada VS Delaware? Pros and Cons

I have an LLC doing business outside the US. It was not formed for tax reasons, but as part of a partnership with some Europeans we've worked with on literacy programs around the world. (There are various backstories on the history of the partnership and its agreements, but I'll skip those details to keep the question simpler.) Some time after we formed the LLC and made the agreements, a CPA (specializing in cross-border taxation for US citizens) pointed out elements of the tax code I didn't know about. This info was also corroborated by A US Tax attorney focusing on expat taxation. (I did a course the attorney offered that explained details and nuances of the FEIE, FICA, ETBUS status, and related subjects.) It was pointed out to me that in certain circumstances, a salary paid to a US citizen working outside the US as an employee for a US LLC (taxed as a partnership) does not carry FICA or SE Tax. The IRS source info is: https://www.irs.gov/individuals/international-taxpayers/social-security-tax-consequences-of-working-abroad My current questions are: 1. Am I missing anything. 2. If not, would a W2 still be required? (When the LLC is not ETBUS, the employee qualifies for FEIE, all work is done outside the US, no FICA is due, and no withholding is required.) For simplicity, for this question, we can assume: The owners are all passive: - 15% Tom - Danish citizen/resident - 20% Jack - Dutch citizen/Swedish resident - 65% Warner - US citizen who is also usually outside the US and does not actively work on ABC LLC when he visits the US The employee is: - Myra, US citizen working and living outside the US, who is also a Manager of the LLC (but not an owner). She is a part-time employee. Additionally: - ABC LLC is a Wyoming LLC taxed as a partnership, filing a 1065 each year (including K2/K3/8804 as applicable). - ABC LLC is not and never has been ETBUS (Engaged in a Trade or Business Inside the United States). It was formed in Missouri, but it has no permanen establishment, nexus, physical presence, contractor, employee, inventory, or equipment in the US. It has no ECTI (unless you count small amounts of interest on money held in US bank accounts). - Myra is a US citizen employed by ABC LLC. She is usually outside the US (for the past 7 years) and consistently is eligible for the FEIE. - All of the work Myra does for ABC LLC is outside the US, but she is mobile, and there is no PE or fixed physical presence in any country. - The work ABC LLC does is 100% services: it focuses on educating others or helping organizations that educate others. Its services include short-term literacy tutoring, plus web development/marketing/administrative services for educational organizations. She has delivered services to clients different countries and has worked from different countries (much of the work being done from a laptop while mobile and having no fixed place of work). She keeps track of other countries' tax laws separately (not part of this question). - When Myra makes short visits to the US (for example, to visit family) she does not do any work for ABC LLC. Neither does Warner. The only exception would be rare and brief administrative duties (for example, if Warner happened to be outside the US during tax season and needed to sign the 1065.) My understanding from the tax attorney's course is that small admin tasks don't create an ETBUS situation.