Skip to content
Tax Law Center Blog

Tax Law Center Blog

  • Tax & Foreign Assets
    • Tax Law Services
    • Foreign Asset Planning
  • About
  • Contact Us
Close Button

Caution: Foreign Businesses Require Additional Reporting

28 September, 2015

If you are an American entrepreneur with a foreign business interest or operating abroad then you should be aware of U.S. tax reporting obligations on non-U.S. businesses. If a U.S. taxable person (U.S. citizens or U.S. green card holders) owns a controlling stake in a foreign business, that business is likely a Controlled Foreign Corporation (CFC) for U.S. tax purposes. CFCs are subject to potentially complex U.S. tax reporting requirements and, at a minimum, must file U.S. tax Form 5471 every year, whether or not the business is profitable. Even if no tax is due, failure to file a Form 5471 can result in large penalties.

CFC income reporting requirements (most importantly, the so-called “subpart F income” and “passive foreign investment income” rules) are designed to prevent Americans from using foreign businesses to shelter income from U.S. taxation. On the other hand, many American expat entrepreneurs have an often overlooked opportunity to employ conventional U.S. qualified retirement plans to significantly mitigate tax due on foreign sourced income and build retirement account assets.

American entrepreneurs abroad who partner with non-U.S. persons may find that their U.S. connection brings unwanted U.S. reporting requirements and scrutiny. Aside from the CFC rules discussed above, the new FATCA (Foreign Account Tax Compliance Act) requires ownership stakes in non-U.S. private business to be reported on Form 8938. Effectively, these reporting requirements force any business with U.S. partners to prepare financial statements to U.S. standards and submit that information to the IRS so that the U.S. partners’ tax liability can be determined. Enforcement of such onerous rules has significantly ratcheted up with the introduction of FATCA and has resulted in many cases of U.S. partners being shunned from foreign business ventures.

It should also be noted that where a U.S. partner (or even a U.S. employee) has signing authority over a business-related financial account, a Foreign Bank Account Report (FBAR) must be filed annually to disclose the account to the U.S. Treasury Department. Failure to properly make FBAR disclosures can result in extraordinarily high U.S. penalties, even when no tax is due.

Finally, self-employed Americans abroad are normally required to pay 15.3% U.S. self-employment tax (Social Security and Medicare) on self-employment income.  Social Security Totalization agreements maintained by the U.S. with other countries may exempt the entrepreneur from paying U.S. self-employment tax when similar taxes are being paid locally.

Related Posts

  • US Entities with foreign assets have more information reporting

    The US Treasury has issued long-awaited regulations specifying the domestic taxpayers who have to disclose…

  • Another foreign bank customer found guilty of foreign income under-reporting and FBAR violations.

    A doctor has been convicted of failing to disclose to US federal authorities that he…

  • New Law's Reporting Requirements Make It Very Likely That the IRS Will Now Know About Your Foreign Account

    you should assume that the IRS will eventually be informed of your foreign account, and…

Tags: 5471amnesty Asset Protection cfc FBAR foreign account foreign corp
Category: Planning for Tax Minimization

Post navigation

Previous: New FBAR Deadline applies to 2016 Tax Year Onwards
Next: File a Protective Claim for Refund for Possible OVDP Opt Out Cases

Related Posts

Visited by IRS Special Agents?

IRS Special Agents are employed by the Criminal Investigation Division…

Read More

India issues FATCA Self-certifications and KYC Warnings

The Government of India continues to crackdown on self-certifications and…

Read More

No tax = No Passport?

The United States Senate has passed a provision in proposed…

Read More

Recent Posts

  • Parag Patel Esq. speaker at the National Association of Enrolled Agents (NAEA) Seminar “2025 Mid-Year Update”September 1, 2025
  • The Complex Landscape of FBAR and Foreign Asset Reporting: A Critical Webinar Update for Tax Professionals (Free)August 31, 2025
  • The Department of Justice’s Focus on Employment Tax CrimesAugust 29, 2025
  • Dr. Sriram Case: A Summary of Key Tax and Legal IssuesAugust 28, 2025
  • All Things Appeals Webinar: A Strategic Guide for Tax ProfessionalsAugust 26, 2025

Pages

  • About Patel Law Offices
  • Delinquent FinCen Form 114 (FBAR) Filings
  • Delinquent or unfiled IRS Form 5471
  • Request A Free Educational Consultation

Law Firm Attorney WordPress Theme By Themespride