Quote from 4GreenbackMoney4 on May 21, 2024, 12:36 pm

Hi George - closed down an S-Corp last year as it states in the paperwork that you cannot be a non-resident alien and an officer.  An S-corp is not a state entity but rather a federal tax situation.  You may already know some of this stuff.  I am finding multiple areas where you have to say you are a resident.  

1.  LLC you need to have a resident agent who must be a state resident
2. DBA you need to be a resident

I think technically getting out of residency may be harder than we have imagined.  All kinds of banks use the IRS substantial presence test to determine residency.  This is apparently programmed right into their software, and they cannot fudge it.  W-9 is for U.S. Citizen or "other U.S. Person" which technically we are not excepting that they assume we are a resident...........This appears to be the stickiest of all wickets.  

Global Voice Radio show of August 10 2023 in the after show I think is Terry Lee who set up a non incorporated church with the IRS and then formed LLC's underneath.  Might be a way to go but I have decided not to get that deep for now.  

Not sure this helps - want to support the forum - Ed from Michigan, Michigander

PS - Thanks to the guys who set this up.  

Quote from Admin on May 21, 2024, 12:49 pm

Thanks 4greenbackmoney4 for your input and if you're interested we're looking for someone to assist us with this page:

https://nationalstatus.info/the-remedy/private-membership-association/

If you're interested contact David or myself (Kay) at admin@nationalstatus.info.

Thanks

Quote from MARK ALLCAPS on August 16, 2024, 6:04 pm

Dear Idahoan,

There seems to  be some confusion on this topic.

A national can create and use an LLC (Limited Liability Company) or a DBA (Doing Business As), and even sign up for unique TIN numbers for Banking Purposes Only.  However, a national CANNOT use a S-Corp tax form (Form 1120-S) to file for the LLC as a Form 1120 requires the owner/officer to be a U.S. citizen.

I also would NOT recommend using a Church or Trust to operate LLC's through as it is totally unneccessary.  That is what some of the old patriots in the past did in an attempt to avoid paying taxes.  But as a national, it's totally unnecessary.  As a national (non-resident alien to the IRS), all the old ways to structuring entities to avoid income taxes is unneccessary and could even get you in trouble.

Also as a national, you are only taxable for interest payments received directly from corporate bonds (if you own any) and dividend payments received directly from a special type of corporate stocks that your personally own.  But there is only a tax on that specific source of income and all other income is exempt from taxation.  See T.D. 2313 (Treasury Decision 2313).

So use an LLC or DBA with a TIN and a bank account.  Put your real estate in an irrevocable express private trust and each of your automobiles in their own separate trust.  Operate your business and enjoy your life.

Best regards,

MARK and the Strawman 🙂
Independent paralegal with 22+ years experience