Using Delaware/Wyoming LLC for Consulting Comp + App Store / SaaS Revenue (No US Tax, No 1120-F?)

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Hey Everyone!



A few months back, someone on this forum suggested a novel structure using a Delaware LLC with no US presence, and I’ve been digging deeper into making it work for both some consulting work I do back in in the UK, as well as app / SaaS income as I've recently wanted to get into that too. Would love to sense-check the plan now that it’s evolved.





I'm a British citizen but recently obtained Caribbean citizenship by investment and won’t be UK tax-resident much longer moving forward. I’m setting up a system that can handle:


Consulting stuff (mainly for property companies)
App store income (Apple + Google)
SaaS income via website (subscriptions, tools, etc.)
The core of the plan is a Delaware LLC, operated by a non-resident, with no US clients, no agents, and no physical presence. It would receive income and pay out to a US business account (since some App Store payouts require this), and I’d move funds from there to either my US personal account or (still to be opened) my Caribbean personal account.



Here’s how each part would work:



App Stores (Apple/Google):

  • The LLC will sign up as the developer and submit a W-8BEN-E
  • Apple/Google act as merchant of record
  • Revenue passed to LLC is royalty-style and not US-source
  • No 1120-F filing required
SaaS:

  • I plan to use LemonSqueezy or Paddle as the merchant of record
  • They handle global payments and compliance
  • I get paid from a UK or EU reseller
  • Again, no US-source income, no need to file
Consulting:

  • If this goes through the same LLC, all services would be delivered from outside the US
  • No clients or contracts in the US, mainly services for UK clients
To stay compliant, I’m avoiding any US-based advertising, staff, or support presence beyond a registered agent for the company setup. Website hosting will be offshore too. The goal is to keep this LLC fully outside US tax scope while still collecting app and SaaS revenue at (hopefully) scale.



Structure questions:


Can I confidently avoid triggering 1120-F or ECI with this setup?
Is there any problem running both app store and SaaS income through one Delaware LLC?
Am I missing anything obvious from a compliance or structuring perspective?
My wife is a green card holder working for now in US but not involved in this business: I'm obviously going to spend some time with her in the US as a tourist - could that be an issue in terms of this setup?


Recommendation Questions:



A. A lot of people are saying Wyoming is better as it's cheaper to set up, no disclosure, but still has access to banks?

B. Any recommendations for best Caribbean banks - someone recommended CIBC but the online form seems to only be if you have a registered address in the country which is a bit annoying?

C. Any recommendations for the best US business bank account for a Delaware LLC owned by a non-US person? Heard Mercury and Relay were good.





Thanks in advance for any advice as I'm looking to get this set up pretty soon!



Cheers!
 
Shout out to @JustAnotherNomad who gave me this idea initially! He discusses it more here:








J





Post in thread 'Wyoming LLC vs UK LLP'



Mar 3, 2025





A transparent single-member US LLC pays tax in the US as if it was the member that had provided the service/sold the goods.

So if you or your Montenegran company owns the US LLC, the US will "look through" the US LLC and decide if you/the Montenegran company should pay tax in the US.

If you sold to a US client under your own name from Montenegro, or your company did, would there be tax in the US? No. Therefore, there would be no tax with a US LLC either.

But if anything was happening physically in the US (employees, freelancers, an office or warehouse, ...), the situation could be...





  • JustAnotherNomad






 
bdt said:






I'm obviously going to spend some time with her in the US as a tourist - could that be an issue in terms of this setup?

Click to expand...

This sounds risky. I assume you would do some work while in the US, and then you have ECI.
 
@bdt why don't you write us what you are telling your AI directly? I am happy to help, but these AI spams are really a real mood killer as it is just too much waste.
 
bdt said:






The LLC will sign up as the developer and submit a W-8BEN-E

Click to expand...



For a single member LLC, you file either a W-8BEN if the owner is a natural person or a W-8BEN-E if the owner is a corporation. In your case W-8BEN.











bdt said:






Revenue passed to LLC is royalty-style

Click to expand...



If royalties are paid out as you said then it's your tax residency country that determines the treaty rate of the US withholding tax on royalties.
 
Marzio said:






If royalties are paid out as you said then it's your tax residency country that determines the treaty rate of the US withholding tax on royalties.

Click to expand...

How realistic is it that the country you're paying out to from a US LLC will actually recognize the structure as legitimate? Isn’t there a real risk that it could cause a lot of trouble?
 
bdt said:






Can I confidently avoid triggering 1120-F or ECI with this setup?

Click to expand...

No ETBUS.











bdt said:






Is there any problem running both app store and SaaS income through one Delaware LLC?

Click to expand...

Delaware does not make sense as it is aimed at corporations. Just use Wyoming.











bdt said:






My wife is a green card holder working for now in US but not involved in this business: I'm obviously going to spend some time with her in the US as a tourist - could that be an issue in terms of this setup?

Click to expand...

You cannot work from the US nor meet clients etc. If you file separately, your wife has much lower tax brakets for her US taxes. The whole setup with a wife with a green card is a bit strange, you may want to avoid that if possible.



For banking, you may want to get an SSN or ITIN through your wife as it helps with US banking.



I am not sure about Google and Apple. I think they will ask for W-8 BEN(-E) forms where you have to disclose your real tax residency (and not the disregarded US LLC). Will they then pay out to US banks or only to your real jurisdiction? We have a similar discussion here where the developer seems to be worried that Google will only pay out to Georgia etc.






O





Thread 'Advice for an app development company'



Jun 20, 2025





Hi everyone,





I run an app development business and currently have to pay withholding tax in our country of origin for advertising payments. We're planning to establish a new company in a low-tax jurisdiction to handle these ad payments, while maintaining our local company. (Apple sales will be sufficient to cover ad costs; other sales will continue through the local company.)





I'm also considering relocating. If we do relocate, we plan to stop using our local company altogether.





EMIs aren't sufficient for receiving payments from Apple and Google,they only accept a proper bank account...






  • offber
  • Replies: 12
  • Forum: Offshore Company
 
daniels27 said:






Will they then pay out to US banks or only to your real jurisdiction?

Click to expand...



No, they pay out to US banks but your tax residency is considered to calclate the withhoding tax.
 
daniels27 said:






@bdt why don't you write us what you are telling your AI directly? I am happy to help, but these AI spams are really a real mood killer as it is just too much waste.

Click to expand...

Haha - SORRY!



I did use AI to summarise everything as it felt a little unwieldy! Most of the perspective comes from the thread I tagged, although what I'm trying to understand is if there's any need for a company incorporated in another jurisdiction for the Wyoming entity to act as a passthrough?
 
Xshore said:






This sounds risky. I assume you would do some work while in the US, and then you have ECI.

Click to expand...

There wouldn't be a huge need - especially with the consultancy. With the online apps etc I might be the owner calling the shots but I'd be employing devs and staff (not in US). I guess it depends what the classify as ECI in this circumstances - can you take a few calls/ emails every now and then?



Also, we won't be in the US beyond the end of the year so less of a concern
 
alley said:






How realistic is it that the country you're paying out to from a US LLC will actually recognize the structure as legitimate? Isn’t there a real risk that it could cause a lot of trouble?

Click to expand...

This wouldn't matter as I'm tax resident in CBI (eg 0% tax on worldwide income)
 
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