[ Offshore Tax ] How is my US LLC taxed if I move to Portugal?
Автор: Offshore Tax with HTJ Tax
Загружено: 2023-04-20
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[ Offshore Tax ] How is my US LLC taxed if I move to Portugal?
As a rule, LLCs and LPs are limited liability partnerships deemed transparent under US legislation, where income flows to partners without taxation at the company's level ('pass through taxation'). Given the above, the LLC's annual taxable income allocable to the partners shall be taxed at the hands of the latter – notably for US-sourced income, whereby the partner shall be liable to US federal taxes.
TIMESTAMPS:
0:00 INTRO
0:10 Working remotely in Portugal for nomads
1:50 US LLC taxed if move to Portugal
4:00 Capital gains taxes in Portugal for ex-pats
6:04 OUTRO
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DERREN JOSEPH:
Somebody wants to talk about Portugal. Yes. For those who have the privilege and the opportunity to work remotely. Portugal is an increasingly popular jurisdiction and we do get, and we get dozens of inquiries daily Portugal, Dubai, and of course, Singapore, which is where we're based, has to be the top three. So, let's talk about Portugal. Someone is asking whether they can run an LLC from Portugal tax-free under the NHR, which is called the NHR stands for the Non-Habitual Residence Program. Now this is, it's kind of contentious in that I know different advisors are saying different things. Let's, first of all, start with what analysis is. So analysis is a unique creature in law, and that's a hybrid entity. So it's, it does provide limited liability protection. So that's what it was designed to provide limited liability protection. But it's, it typically, it's not, say that you're based in the US it typically won't confer any special tax benefit. So it's not, you know, at its heart, it's not a tax plate, but it's all about the limited liability of protection. Protection, you know, for, because otherwise without the benefits of limited liability protection, should there be some sort of dispute with a customer, with a client, a supplier, whatever the case may be, you would be laid bare. So they can come after you for your assets as well. So that's why it's super important that you, you know, I tell clients all the time, the last thing you wanna do is anything in your name, you wanna use an entity. Okay? Now the LLC, from a tax point of view, it's transparent. So in other jurisdictions, the closest comparison would be a partnership if there's more than one of you or so proprietorship or sole trader and there's just one person. So that's, that's essentially what an LLC is. Now, we've discussed what it is, at least within the US context. So if you are living and if you do move to Portugal and you spend time and you become tax residents there, I know there are some advisors, and there's some conversation about whether under the NHR it can be enjoyed. The income derived from the LLC committee enjoyed task freedom. Now under the N H R, it does allow for foreign-derived dividends to be received into Portugal Task free, under the non-habitual residence program.
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