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29 contributions to Global Business Growth Club
8804s/8805s and ECTI
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).
1 like • 21d
Different CPAs will see it slightly different ways is my experience because USTOB and ECI is not black and white. The key is can they defend your position in case of an IRS audit. Just book a consult with James, this is his expertise.
Foreign owner of US SMLLC starting Amazon FBA — ECI? Would a partnership be better?
Hey all, thanks James and team for accepting me. I started a Wyoming SMLLC to sell private-label products on Amazon. The Amazon tax interview got me second-guessing everything. After bingeing YouTube, I’ve heard it all: “non-resident sellers pay no U.S. tax” vs “you’re taxed like any U.S. business,” plus “SMLLC is best” vs “go partnership for Amazon. I am Looking for informed, practical guidance Facts (bullet-proofing my situation): - Owner/Residency: I’m an individual non-US person residing in a non-treaty country. - Entity: US single-member LLC (Wyoming). Disregarded by default. - Business model: Amazon FBA (US marketplace) selling physical goods to US customers. Inventory will be stored in Amazon’s US fulfillment centers (multi-state). - Operations: Product design/supplier relationships, listing management, ad spend decisions, etc. are done outside the US. No US employees/contractors. No US office. Questions I’d love expert input on: - ECI determination: With inventory in US FBA warehouses and sales to US customers, is ECI basically a given for a foreign individual running FBA, even if all managerial functions happen offshore? - Best company structure : - 1) Stay SMLLC (disregarded) - 2) Partnership (add spouse or foreign company) - 3) C-corp election
0 likes • 21d
@Kinan Trad just remember Amazon will want to verify your US office if you use a US address for your business address (if a non-resident). Otherwise verification will eventually fail. I spoke to the KYC team at Amazon Acclerate event to clarify a few things back in September. Basically, Amazon wants you to form a company in the country you live and operate for easy KYC (assuming your documents all match up).
Are the NEO Banks banning us for Life? Or just banning our LLC?
Hey friends, Mercury closed my account back in 2023. I would consider going back to them under a different LLC. Has anyone heard of a person going back to Mercury, or Relayfi or Bluevine and getting approved for a totally different LLC? Or, do we have concrete “proof” that these Neo Banks are in fact banning the actual person, rather than just their LLC?
1 like • 21d
Mercury best bet with a RA non CMRA for the legal address and the business address or operational address if your home address in your country, or lease a real US office and be ready to prove it is real.
Open your US bank account here
If you have your LLC you now need to open bank accounts (the first two are free so open both!). I'm going to share some links below to what I think are the best options. They are my affiliate links and I'll address them separately so you can understand the benefits. When applying, be honest but always emphasize more on how you will help your US clients. Relay financial - I have a great relationship with relayfi and they have told me that applicants that use this link have a greater likelihood of being approved. I use relay for my business and it has been great.the account is free to open. https://app.relayfi.com/register?referralcode=jimbaker Mercury bank - this is another great option. Again focus on how you are serving clients in the US. This link should give you bonuses once you are approved. The account is free to open. https://mercury.com/partner/jamesbakercpa Wise - this is not a bank but is a useful way to get paid and pay other people sign up with my link to get free transfers up to $500.. the account is free to open but there are small fees to open different currency accounts https://wise.com/invite/ahpc/jamesb2812 Stripe - if you are selling anything I would first try stripe.com for payment processing. I don't have a special link for them. Let me know if there are other accounts you may be interested in, how this goes for you and which you prefer!
0 likes • 21d
@Ivan Makushkin If any provider requires a US utility bill, it means they want proof that you have a real office or that you live and operate out of a personal residence in the US. The good news is Mercury's partner bank will still accept a US-registered agent non-CMRA as a "legal address." Still, your home address and home country are not a business address, and, of course, you must provide a personal utility bill and all the required documents to match. The game has changed dramatically. I would not be surprised if Mercury, Relayfi, and others follow suit at some point. Just schedule a strategy call with James, he has the answers for all this stuff and your best options for your clients.
Proof of Business Address for Relayfi
Hi, do you know any good provider for a proof of address that is accepted at Relayfi since there are very strict with their proof of address requirements. I have provided a landline phone bill and it was rejected. Do you know any good alternatives that might give no headache?
1 like • Sep 19
Relayfi has changed dramatically and want both a US office address utility bill and a personal US address and utility bill. Use Mercury instead now. And like everything else, you can count on is more change in the future, so pay attention to notices in your accounts.
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Scott Letourneau
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@scott-letourneau-6280
I'm Scott Letourneau, a certified tax advisor and the founder of NCP (1997). I've helped over 6,500 clients launch their business with confidence.

Active 2d ago
Joined Mar 22, 2024
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