by Ariful | Sep 7, 2026 | Business
TITLE: September 2026 Tax Compliance Update: Trust Elections, ATO Debt Recovery, and Payday Super
Australia’s tax compliance agenda is moving quickly this September.
Treasury has released detailed exposure draft legislation for the proposed 30% minimum tax on certain discretionary trusts. The ATO is also increasing pressure on unpaid tax debt, while employers must now operate under the new Payday Super rules.
This update covers the key developments affecting businesses, trustees and employers across Sydney, Melbourne, Brisbane, Perth, Adelaide and Canberra.
Review the trust tax election before the 18 September deadline
Treasury released the exposure draft legislation on 3 September 2026. The consultation closes on 18 September 2026.
The proposed 30% minimum tax would apply to certain discretionary trusts from 1 July 2028. Treasury has also published the draft electable regime, giving trustees more detail about how an Excluded Election Trust (EET) may operate.
Read the Treasury consultation materials and the official ministerial announcement.
Understand how the EET election works
The draft legislation allows an eligible trustee to make an EET election and nominate beneficiaries with fixed percentage entitlements to both:
- Trust income.
- Trust capital.
The nominated percentages must generally total 100%. The income and capital percentages must also correspond.
This means you cannot treat the election as a broad intention to distribute income. You would need to operate the trust consistently with the formal nomination.
The election is available to a trust in existence on 1 July 2028. The election and nomination must generally be notified to the Commissioner by the earlier of:
- The due date for lodging the trust’s return for the relevant year.
- The date the return is actually lodged.
The practical deadline will usually fall in the 2028–29 income year.
Do not treat the election as completely irreversible
The draft allows only one EET election for a trust. A previous election that has been revoked cannot simply be made again.
However, the legislation also contains future-year revocation mechanics. A trustee may revoke the election for future years by giving notice within the required timeframe.
The election can also be automatically revoked if the trustee does not follow the nominated allocations. If that occurs, the trust may again be treated as a minimum tax trust. Present entitlements for the relevant year may also be disregarded, leaving the trustee exposed to tax under the proposed rules.
Some limited variation rules are proposed. These include certain situations involving:
- The death of a nominated individual.
- Relationship breakdown orders, agreements or awards.
- Changes affecting an eligible company beneficiary.
You should not assume that a commercial distribution decision can be changed later without consequences.
Check the trust deed and distribution process now
Before considering an EET election, complete this checklist:
- Review the trust deed. Confirm that the trustee has the power to make the proposed distributions and nominations.
- Map the beneficiaries. Identify who can legally benefit under the deed on 1 July 2028.
- Test the percentages. Ensure income and capital allocations can be applied consistently.
- Review corporate beneficiaries. Check whether each company meets the proposed eligible company requirements.
- Document governance controls. Your accounting and distribution workflow must prevent accidental deviations.
- Consider a private binding ruling where appropriate. This may help address uncertainty about how the rules apply to a specific trust.
The proposed fixed trust definition is also important. Treasury is seeking to replace the existing ITAA 1936 concept with a definition focused on whether there are material discretionary elements. Certain commercial trust structures may fall outside the minimum tax where beneficiaries have clear and enforceable rights.
Compare election and restructuring options
The EET election is intended to provide an alternative to restructuring. It may avoid some resettlement and state stamp duty concerns because the trust does not need to transfer its assets to a new entity.
The draft also proposes expanded CGT rollover relief for taxpayers who restructure. The relief is intended to operate for three years from 1 July 2027, effectively allowing eligible transfers by 30 June 2030. A four-year clawback or integrity period should be reviewed carefully before any transfer is implemented.
Other issues remain relevant, including:
- Possible double taxation involving corporate beneficiaries where no election is made.
- The operation of trust-to-trust offsets.
- Resettlement risks.
- State and territory stamp duty.
- The interaction between trust distributions, company tax and franking credits.
Do not wait for the final law before organising your records. The exposure draft may change, but the review process is already valuable.
Meet the September 2026 compliance dates
The following deadlines should be added to your Australian compliance calendar.
21 September 2026: August monthly activity statements
Businesses reporting monthly must lodge and pay their August 2026 activity statement by 21 September 2026.
Check your:
- GST sales and purchases.
- PAYG withholding.
- PAYG instalments.
- Payroll records.
- Bank and payment-platform reconciliations.
Complete your bookkeeping before the deadline. This gives you time to correct missing invoices, marketplace data and payroll adjustments.
30 September 2026: Pillar Two returns
Certain multinational enterprise groups with a 31 March 2025 fiscal year-end must lodge their:
- GloBE Information Return.
- Domestic Minimum Tax Return.
These Pillar Two obligations require coordinated group data. Confirm whether your group is within scope and whether another group entity is responsible for lodging.
30 September 2026: payroll and trust reports
Several other reports may also be due on 30 September:
- PAYG withholding payment summary annual report for eligible small withholders using a tax agent.
- STP finalisation for closely held payees where the employer also has arm’s-length employees.
- Annual TFN withholding report for closely held trusts.
Review each obligation separately. A business may have one, several or none of these reporting requirements.
Respond early to the ATO’s $115 billion debt push
The ATO Commissioner has confirmed that the ATO’s tax debt book has reached approximately $115 billion. The ATO is focusing more heavily on taxpayers who do not engage.
Potential enforcement action includes:
- Director Penalty Notices.
- Garnishee notices.
- External debt collection.
- Disclosure of eligible business tax debts to credit reporting bureaus.
- Legal recovery action.
The ATO has indicated that business tax debts above relevant thresholds may be disclosed where there is no meaningful engage
by Ariful | Sep 6, 2026 | Business
TITLE: Choosing Your Next Growth Play: A Financial Guide for UK Businesses
Growth becomes harder when every opportunity looks urgent.
You could improve your UK operation, enter the USA or EU, launch on another marketplace, or develop a new product line. The danger is spreading your cash, people and attention across all of them at once.
For the next quarter, choose one growth play. Build the financial plan first. Then execute with clear compliance controls and decision triggers.
This guide covers three practical routes for ecommerce brands, SaaS businesses, agencies and fast-growing UK Limited Companies.
Start with the numbers before choosing your growth play
Before committing to a strategy, build a simple financial dashboard.
Calculate contribution margin, not just revenue
Revenue shows activity. Contribution margin shows whether growth is helping.
For each product, service or channel, calculate:
Contribution margin = Sales price − variable costs
Include:
- Product or delivery costs
- Marketplace fees
- Payment processing fees
- Fulfilment and shipping
- Returns and refunds
- Advertising directly linked to sales
- VAT, GST or Sales Tax that you cannot recover
- Currency conversion costs
A channel that produces £100,000 of sales but only £8,000 of contribution may be less attractive than one producing £50,000 with £15,000 of contribution.
Maintain a 13-week cash-flow forecast
Update a rolling 13-week forecast every week. Show:
- Opening bank balance
- Customer receipts
- Payroll
- Supplier payments
- Advertising spend
- VAT, GST and Sales Tax reserves
- Corporation Tax or other tax provisions
- Loan repayments
- Stock purchases
- One-off expansion costs
- Closing cash balance
This will show you when a profitable plan could still create a cash crisis. It also gives you an earlier warning if customer payments slow or inventory costs rise.
Ring-fence tax cash
Do not treat tax collected from customers as available working capital.
Create separate reserves for:
- UK VAT
- EU VAT
- US Sales Tax
- Canadian GST/HST
- Australian GST
- Payroll deductions
- Corporation Tax
Ring-fencing improves payment discipline and reduces the risk of funding growth with money that belongs to a tax authority.
If you need a clearer view of your current VAT position, use the Sterlinx Global VAT calculator as an initial planning tool. Confirm final obligations against the relevant tax authority and your actual transaction data.
Growth Play One: Deepen profitability in your home market
The safest growth opportunity is often the market you already understand.
This play means improving your UK operation before adding a new country, entity or channel. You might raise contribution margin, improve retention, increase average order value or reduce fulfilment waste.
Choose this play when your core operation has untapped capacity
Focus on the UK first if:
- Your best products are already generating repeat demand.
- Your customer acquisition cost is rising faster than contribution margin.
- Your stock, fulfilment or support processes are inefficient.
- Your cash position is too tight for international expansion.
- You have not tested pricing, bundles or retention properly.
- Your reporting does not yet show channel-level profitability.
Useful actions include:
- Reprice low-margin products.
- Remove unprofitable advertising campaigns.
- Create bundles that increase average order value.
- Improve subscription retention.
- Negotiate supplier or fulfilment terms.
- Reconcile marketplace fees and refunds accurately.
- Shift effort towards your highest-contribution customer segment.
Manage the risks before scaling domestic sales
Domestic growth still requires control. More sales can create higher VAT liabilities, stock commitments and customer-service costs.
Set a quarterly trigger such as:
- Contribution margin must stay above 35%.
- Customer acquisition payback must remain below six months.
- Closing cash must cover at least eight weeks of fixed costs.
- Returns must remain below a defined percentage.
- No single channel should represent more than 70% of revenue.
This play is right when operational improvement can create more cash than a new market would consume.
Growth Play Two: Enter one carefully selected international market
International expansion can unlock significant demand. It can also create registrations, customs responsibilities, local tax filings and new working-capital requirements.
Do not ask, “Which country is largest?” Ask, “Which market can we serve profitably and compliantly with our current resources?”
Score the market before entering
Assess each potential market against:
- Existing customer demand
- Average selling price
- Delivery time and shipping cost
- Return logistics
- Product restrictions
- Language and customer-support needs
- Competition
- Currency exposure
- Import duties and customs
- VAT, GST or Sales Tax obligations
- Availability of reliable local fulfilment
Start with one country, one channel and a limited product range. This makes the result measurable and reduces the cost of a failed test.
Assign customs and tax responsibilities clearly
If you sell physical goods, decide who is responsible for:
- Importer of record status
- Customs declarations
- Commodity codes
- Customs value and origin
- Import duties
- Import VAT
- Product documentation
- Returns and re-imports
The importer of record may remain responsible even when a freight forwarder submits the declaration. Review HMRC’s import guidance and document the arrangement before shipping.
For EU consumer sales, consider whether the EU One Stop Shop or Import One Stop Shop is relevant. OSS can simplify eligible EU VAT reporting, while IOSS applies to qualifying low-value imported goods. These schemes do not remove the need for accurate transaction data, correct VAT rates and supporting records.
For US sales, monitor each state separately. Sales Tax nexus may arise through economic activity, inventory, employees, affiliates or other connections. Thresholds and filing rules differ by state and can change. Review the relevant state tax department before crossing a registration trigger.
If you use a foreign-owned US LLC or other US entity, check federal reporting separately. A foreign-owned US disregarded entity may need to file IRS Form 5472, attached to a pro forma Form 1120, when it has reportable transactions. This is an information-reporting obligation and should not be confused with ordinary income tax filing.
Choose this play when the economics remain positive after compliance
Build a market-entry model that includes:
- Product contribution margin
- International shipping
- Duties and import costs
- Local tax administration
- Returns
- Customer support
by Ariful | Sep 6, 2026 | UAE Updates
TITLE: Australian Tax Updates September 2026: Software Royalties, Division 296, and DPN Changes
Australia’s tax landscape is moving quickly this week. The ATO has finalised its software royalty ruling, large superannuation funds are working through Division 296 attribution rules, and the Tax Ombudsman is seeking public feedback on Director Penalty Notices.
Whether you operate in Sydney, Melbourne, Brisbane, Perth, Adelaide or Canberra, these updates may affect your withholding tax, reporting, debt-management and record-keeping processes.
Review cross-border software payments after TR 2026/2
The ATO finalised Taxation Ruling TR 2026/2 on Friday, 4 September 2026. The ruling explains when payments connected with software and intellectual property rights are treated as royalties for Australian income tax and withholding tax purposes.
The final ruling retains the core approach taken in the 2024 draft. Payments may be treated as royalties where they are consideration for the use of, or the right to use, copyright or similar intellectual property rights.
This can affect Australian businesses paying overseas software providers, licensors, distributors and platform operators.
The ruling was modified after the 2025 court decision in Commissioner of Taxation v PepsiCo Inc & Anor. The ATO has also issued accompanying draft compliance guidance for software arrangements.
Critics argue that the ATO’s position does not fully reflect OECD guidance distinguishing payments for copyrighted articles from payments for the use of copyright. The final ruling therefore makes contract review and transaction analysis particularly important.
Check these software arrangements now
Review whether your agreements give an overseas supplier or intermediary the right to:
- Reproduce software.
- Communicate or distribute software.
- Modify, adapt or host software.
- Exercise rights normally reserved for a copyright owner.
- Use intellectual property beyond simply purchasing or reselling a finished product.
A pure purchase or distribution arrangement may be treated differently from an arrangement involving copyright rights. If a payment is characterised as a royalty, Australian withholding tax may apply, subject to any applicable tax treaty.
Read the ATO’s software royalties announcement and TR 2026/2.
Action point: create a payment register for all cross-border software, SaaS, cloud, licensing and platform arrangements. This will help you identify potential withholding tax obligations before the next payment cycle.
Prepare for Division 296 attribution differences
Division 296 tax on large superannuation balances begins in the 2026–27 income year. It applies to individuals whose total superannuation balance exceeds $3 million, with a higher tier applying above $10 million.
The headline combined rates can reach:
- Up to 30% on earnings attributed to balances above $3 million.
- Up to 40% on earnings attributed to balances above $10 million.
The measure is designed around earnings rather than simply taxing the underlying superannuation balance. It is also designed around realised earnings, but the practical result depends on how funds calculate and attribute earnings to individual member interests.
This is creating uncertainty for large superannuation funds. Members with similar balances and investment returns may receive different tax outcomes if their funds use different “fair and reasonable” attribution methods.
Keep detailed superannuation records
Funds and trustees should prepare for additional data and reporting requirements. In particular:
- Confirm how earnings are attributed between member interests.
- Review unit pricing and credited-interest methodologies.
- Check how accumulation and pension interests are treated.
- Maintain records supporting the attribution method.
- SMSF trustees should consider whether actuarial or specialist support is required.
The ATO’s Division 296 guidance provides the current framework.
Action point: do not assume that two members with similar balances will receive identical tax outcomes. Obtain the fund’s calculation information and reconcile it with your personal tax records.
Respond to the Director Penalty Notice consultation by 29 September
The Tax Ombudsman has opened a review of the ATO’s administration of Director Penalty Notices.
The consultation is open until 5:00 pm AEST on Tuesday, 29 September 2026. Webinars are scheduled for:
- Thursday, 10 September 2026, from 12:30 pm to 1:30 pm AEST.
- Tuesday, 15 September 2026, from 12:00 pm to 1:00 pm AEST.
- Wednesday, 16 September 2026, from 2:00 pm to 3:00 pm AEST.
The ATO issued more than 84,000 DPNs to directors of approximately 64,000 companies during 2024–25. That represented a 136% increase on the previous financial year.
The review will examine whether the ATO provides adequate information before, during and after issuing a notice. It will also consider how the ATO responds to vulnerability, illness, coerced directorships and financial abuse.
CPA Australia has welcomed independent scrutiny of the process.
Read the Tax Ombudsman’s DPN review and consultation details.
Protect your company from preventable DPN exposure
Directors should:
- Reconcile GST, PAYGW and superannuation guarantee liabilities regularly.
- Check that activity statements and superannuation reporting are lodged on time.
- Escalate unpaid liabilities before they become entrenched.
- Keep evidence of payment arrangements and ATO communications.
- Act quickly if a DPN is received because statutory deadlines can restrict available options.
Maintaining daily bookkeeping and compliance records gives you a clearer view of liabilities before the ATO’s debt-collection process escalates.
Expect more vehicle data matching
The ATO has issued website guidance for its motor vehicle registries data-matching program covering the 2016–17 to 2024–25 financial years.
The program identifies vehicles that were sold, transferred or newly registered at a purchase price or market value of $10,000 or more. The ATO may compare registry information with taxpayer records to identify inconsistencies in registration, reporting, payment and business-use claims.
Data may include:
- Sale price and market value.
- Transaction dates and registration details.
- Vehicle identification information.
- Garage address and intended use.
- Dealer and transaction details.
Read the
by Ariful | Sep 5, 2026 | UAE Updates
TITLE: UAE Tax Compliance Update: September 2026 Deadlines and Key Changes
September brings several important compliance dates for UAE companies, free zone businesses, digital businesses and international sellers.
The Federal Tax Authority (FTA) has reminded businesses with financial years ending on 31 December 2025 to file their Corporate Tax returns and pay any tax due by 30 September 2026. VAT documentation rules have also been clarified, new supplier verification requirements are approaching, and e-invoicing preparation is becoming more urgent.
This edition explains what you need to do now and how to structure your UAE business for compliant growth.
File your 2025 Corporate Tax return by 30 September
The FTA issued a public reminder on 2 September 2026. Taxable persons whose financial year ended on 31 December 2025 must submit their Corporate Tax return and settle any Corporate Tax due by 30 September 2026 through EmaraTax.
This deadline applies even if your business expects no tax liability.
You must:
- Confirm that your Corporate Tax registration is active.
- Reconcile your accounting records for the 2025 tax period.
- Prepare transaction, asset, liability and ownership records.
- Calculate taxable income under the Corporate Tax rules.
- Submit the return through EmaraTax.
- Pay any amount due before the deadline.
Eligible businesses using Small Business Relief must still register, file a simplified Corporate Tax return and retain supporting records. Small Business Relief does not remove the filing obligation.
The FTA states that eligibility depends on revenue not exceeding AED 3 million in the relevant tax period and all previous tax periods, subject to the applicable conditions. Keep evidence of revenue, transactions and ownership so you can support the election if requested.
Read the FTA Corporate Tax filing reminder before submitting.
Track the September VAT and Excise deadlines
The FTA’s current announcements show two further September deadlines:
- 15 September 2026: Excise Tax return filing deadline.
- 28 September 2026: VAT return filing deadline.
Review your filing calendar now. Waiting until the final week can create problems if sales platform reports, customs records, bank statements or supplier invoices do not reconcile.
For VAT, check:
- Taxable sales and exempt or zero-rated supplies.
- Imports and customs declarations.
- Output VAT and recoverable input VAT.
- Credit notes and refunds.
- Marketplace settlement reports.
- Currency conversion records.
- Transactions involving related parties or overseas customers.
The UAE standard VAT rate remains 5%. Mandatory VAT registration generally applies when taxable supplies and imports exceed AED 375,000. Voluntary registration is available from AED 187,500, subject to the relevant conditions.
Apply VATP045 correctly to pre-2026 concerned goods
The FTA issued VAT Public Clarification VATP045 on 26 August 2026. It addresses “concerned goods” imported on or before 31 December 2025.
The clarification is particularly relevant to importers, e-commerce businesses, distributors and cross-border supply chains.
For affected historic imports, review whether you have:
- Accounted for the required output VAT.
- Retained the overseas supplier invoice.
- Retained the UAE customs declaration.
- Issued a self-tax invoice where required.
- Preserved sufficient evidence to support input tax recovery.
From 1 January 2026, the self-invoicing requirement for these imports ended under the amended VAT rules. However, the transitional treatment for goods imported on or before 31 December 2025 still requires careful review.
Read the official VATP045 clarification and reconcile historic import records before finalising your VAT return.
Prepare for supplier verification from 1 October
FTA Decision No. 13 of 2026 introduces measures for verifying the validity and integrity of supplies before input VAT is deducted. The rules take effect on 1 October 2026.
This is a significant operational change for:
- E-commerce businesses.
- Marketplaces and distributors.
- Importers.
- Digital businesses buying substantial services.
- Companies with large or changing supplier networks.
- Businesses claiming input VAT across cross-border supply chains.
Do not treat supplier onboarding as a purely commercial exercise. Build a documented process that confirms the supplier’s legal identity, business activity, contact details and transaction records.
Your September preparation checklist should include:
- Create a supplier verification checklist.
- Review existing high-value suppliers.
- Match supplier details to invoices and contracts.
- Check that goods or services match the supplier’s licensed activity.
- Record payment evidence and delivery documentation.
- Flag unusual changes in address, management or transaction volume.
- Schedule periodic supplier re-verification.
The official FTA Decision No. 13 of 2026 should be reviewed before your October VAT processes begin.
Start e-invoicing preparation before the deadline arrives
The UAE e-invoicing voluntary and pilot phase has been live since 1 July 2026. Businesses should use this period to test systems rather than wait for mandatory implementation.
The current timeline is:
- Businesses with revenue of AED 50 million or more: appoint an Accredited Service Provider by 30 October 2026 and go live on 1 January 2027.
- Businesses below AED 50 million: appoint an Accredited Service Provider by 31 March 2027 and go live on 1 July 2027.
The Ministry of Finance has confirmed that the extension of the large-business appointment deadline does not change the 1 January 2027 go-live date.
Start by mapping:
- Your invoicing and accounting systems.
- Sales channels and marketplaces.
- Customer and supplier master data.
- Credit note and refund processes.
- Intercompany transactions.
- Cross-border invoices.
- Tax codes and reporting fields.
- Data retention and approval controls.
Use the Ministry of Finance’s Accredited Service Provider list to identify approved providers.
Build your free zone structure around qualifying activity
The UAE’s free zone regime can provide a 0% Corporate Tax rate on Qualifying Income for a Qualifying Free Zone Person (QFZP). However, a free zone licence alone does not guarantee eligibility for the 0% rate. The structure must be built around the specific qualifying activity definitions, and you must maintain adequate substance and arm’s length records to support the position. Review your activity descriptions, revenue streams and supporting documentation to ensure your free zone entity is positioned appropriately before the year-end compliance cycle begins.
by Ariful | Sep 5, 2026 | US Updates
TITLE: IRS Increases Nonfiler Enforcement: What International Sellers Need to Know Now
The IRS is preparing to intensify enforcement against taxpayers and businesses that do not file required returns. International sellers with U.S. entities, inventory, marketplace activity, or related-party transactions should review their filing position now.
This update follows a 31 August 2026 TIGTA report and a 4 September 2026 IRS Security Summit warning. Together, they show a stronger focus on identifying nonfilers, progressing dormant cases, improving offshore information reporting, and securing online tax accounts.
Do not worry if your business has missed a filing. The important step is to identify the gap and act promptly.
Understand why nonfiler enforcement is increasing
TIGTA Report 2026-308-047, Agencywide Coordination Could Enhance the IRS’s Approach to Nonfilers, identified a significant increase in potential nonfilers:
- Potential nonfilers increased from 8.8 million for tax year 2015 to 14.7 million for tax year 2022.
- The projected gross tax gap for tax year 2022 was approximately $696 billion.
- Around $63 billion, or 9%, was attributed to nonfilers.
The IRS agreed to all six TIGTA recommendations. These include:
- Creating an agencywide Nonfiler Strategy with executive oversight.
- Prioritising the highest-risk nonfiler populations.
- Adding nonfiler performance metrics.
- Improving coordination across IRS functions.
- Removing a first-notice status hold that delayed case progression.
The IRS moved affected cases out of first-notice status in March 2026. This matters because cases that previously remained dormant may now progress to examination, assessment, collection, or penalty action.
TIGTA’s official report listing provides access to current oversight publications.
Prepare for earlier, data-led IRS contact
The IRS is using analytics, automation, and artificial intelligence to identify potential noncompliance earlier. Lia Colbert, Commissioner of the IRS Small Business/Self-Employed Division, confirmed that technology is being used to improve how nonfiler cases are identified and prioritised.
A small business should not assume that low turnover prevents enforcement. The IRS may assess risk using data from:
- Payment processors.
- Amazon, Shopify, and other marketplaces.
- Customs and import records.
- Bank and financial information.
- Employer identification number records.
- Related-party transactions.
- Information returns.
- FATCA reporting.
- Previous IRS correspondence.
The IRS high-income nonfiler initiative provides additional context. As of 30 June 2025, 38,824 high-priority cases involving 33,653 taxpayers remained in first-notice status. Those cases represented approximately $15.7 billion in potential assessments. The IRS moved them forward in March 2026.
Willful failure to file can also be a criminal offence under Internal Revenue Code section 7203. Not every late or missed filing is criminal. However, intentional nonfiling creates substantially greater risk than an administrative delay.
Review every U.S. filing obligation
Create a complete entity-by-entity filing map. This will help you identify obligations that may not appear in your UK bookkeeping records.
Check Form 1120-F for foreign corporations
A foreign corporation may need to file Form 1120-F if it:
- Conducts a trade or business in the United States.
- Has income effectively connected with a U.S. trade or business.
- Operates through a U.S. branch, agent, warehouse, or other arrangement.
- Has U.S.-source income that is not fully covered by withholding.
The IRS Form 1120-F guidance explains the main filing circumstances.
Do not decide based only on the location of your customers. Review inventory ownership, fulfilment arrangements, contracts, personnel, agents, and the entity recording U.S. sales.
If you are one of the us importers of record for your goods, retain customs entries and supporting records. Importer-of-record status does not automatically determine your income tax filing obligation, but it may help establish which entity imports, owns, and moves inventory.
Check Form 5472 and the pro forma Form 1120
A foreign-owned U.S. disregarded entity, such as a single-member LLC owned by a non-U.S. person, generally must file:
- Form 5472.
- A pro forma Form 1120 attached to Form 5472.
This can apply even where the LLC has no separate U.S. income tax return requirement.
Common reportable transactions include:
- Capital contributions.
- Owner withdrawals.
- Intercompany loans.
- Inventory purchases.
- Management fees.
- Reimbursements.
- Rent and insurance payments.
- Interest and other related-party payments.
The IRS states that failure to file a complete and correct Form 5472 can result in a $25,000 penalty per failure. Additional continuation penalties may apply after an IRS notice, with no maximum penalty amount.
Review the IRS Form 5472 instructions, Form 1120 instructions, and international information reporting penalties.
Check FBAR, Form 8938, and other information returns
TIGTA also reported weaknesses in the IRS’s handling of high-balance FATCA/Form 8938 offshore nonfilers. Under Campaign 896, only 12 of 405 identified cases had been examined.
This does not mean that every foreign seller must file Form 8938 or an FBAR. These obligations depend on the taxpayer’s status, ownership, account balances, and other facts.
However, you should check whether the following apply:
- FBAR, also known as FinCEN Form 114.
- Form 8938, Statement of Specified Foreign Financial Assets.
- Foreign corporation information returns.
- Partnership or shareholder information reporting.
- FATCA-related reporting.
- FIRPTA withholding, where U.S. real property interests are involved.
Treat these forms as separate compliance workstreams. Filing one return does not automatically satisfy another obligation.
File late returns promptly and preserve your records
If you discover a missed return, do not wait for an IRS notice before taking action.
Prepare a filing recovery checklist:
-
List every U.S.-connected entity.
Include LLCs, corporations, branches, and foreign companies with U.S. activities.
-
Identify every missed period.
Check federal returns, information returns, FBAR filings, and state-level obligations separately.
-
Reconcile the underlying data.
Match marketplace statements, payment processor reports, bank records, customs documents, inventory movements, and intercompany transactions.
-
Prepare and submit the outstanding filings.
Proactive filing may reduce the risk of penalties and demonstrates good-faith compliance to the IRS.
Preserve all supporting documentation, including contracts, invoices, shipping records, and correspondence. If the IRS contacts you, having organised records will make the response process faster and more accurate.
Taking prompt corrective action is the most effective way to mitigate exposure. With enforcement ramping up, reviewing your U.S. filing obligations now is a prudent step for any international seller with a U.S. presence.