Wyoming LLC Tax Filing Requirements
Wyoming LLC tax filing requirements are the things LLC business owners need to do when paying taxes in the state of Wyoming.3 min read
Updated July 10, 2020:
How Wyoming Businesses Are Taxed
Wyoming has a variety of tax options for different businesses. They include the following:
Holding companies are created to hold assets such as real estate, intellectual property, and other companies. The purpose of establishing many Wyoming holding companies is to hold intangible assets such as stocks, bonds, bank accounts, and IPs. In Wyoming, intangible property is tax exempt, thus holding companies will not pay tax on intangible assets.
However, Wyoming levies a tax on property. A holding company that owns property in Wyoming may pay property taxes.
- Wyoming taxes industrial property at the rate of 11.5 percent.
- Commercial, residential, and other properties pay tax at the rate of 9.5 percent.
- Additionally, all limited liability companies in Wyoming must file an annual report with the secretary of state and pay an annual report fee on properties based in Wyoming. Wyoming annual report fee is the greater of either a minimum of $50 or $.0002 per dollar of business assets, but LLCs whose Wyoming assets are worth $250,000 or less pay the $50 minimum fee.
Wyoming has a favorable business climate, and its tax incentives attract many business owners from outside the state who want to pay tax to enjoy the benefits of a Wyoming LLC. However, a business needs a nexus before a state can tax it. Nexus means that the presence of a company in a state is enough for the state to levy a tax on its business. This means out-of-state businesses that wish to pay taxes as a Wyoming company have to create a nexus in Wyoming, and the first step to achieving this is to get a virtual office in the state.
In Wyoming, businesses that operate online will not collect sales tax if they do not have a physical presence in the state. As an online company in Wyoming selling products and services through an online store, your customers will not pay sales tax. However, you must collect sales tax if you have a physical office in Wyoming. If the owner of an online business wants a Wyoming LLC address but is not a resident of the state, all they need do is create a virtual office in Wyoming to enjoy the tax benefits.
Non-U.S. residents can incorporate their business in any state. Since many of these businesses do not maintain a physical office in Wyoming, their tax status is like that of online businesses, and they do not pay state taxes. However, they must pay federal taxes.
Tax Rates Based on Business Entity Type
Wyoming corporations pay taxes like every other U.S. corporation. The corporation will pay taxes on all revenue earned from the U.S. and overseas under U.S. Treasury guidelines. You will file Form 1120 as the business was incorporated in the United States. If you are not resident in the U.S., your Wyoming LLC will only pay tax on U.S.-sourced income. Wyoming LLCs pay a 30 percent tax on all income from U.S. sources to the Internal Revenue Service. Your U.S. taxes will be filed at the end of the year on Form 1040-NR. The IRS will refund overpayment if the actual amount due is lower than the stipulated 30 percent.
Before filing your LLC tax returns with the IRS, it is important to hire a tax withholding agent to determine the correct amount to send to the IRS. Many non-U.S. residents prefer to form corporations to avoid the complicated process of filing tax returns, except where the LLC will be operating exclusively outside the U.S., in which case it will not be paying any U.S. taxes.
If you need more information on Wyoming LLC tax filing requirements, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.