Legal Question in Business Law in California
LLC with alien business owner
A business associtate, who is a Japanese national in the USA on a work visa, and myself, a USA citizen and resident of CA, are considering forming a LLC. Are there any restrictions on having non-resident alien as a party to a LLC established in CA?
Asked on 10/16/01, 1:57 pm
1 Answer from Attorneys
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
Re: LLC with alien business owner
I have just researched this very question for a client, and it appears that, unlike an S corporation which cannot have a nonresident alien shareholder, a California LLC can have a nonresident alien member. However, the nonresident may be subject to backup withholding on any distributions paid to him. Check with a tax advisor or the IRS on this.
Answered on 11/22/01, 5:41 am
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