For long-term investors outside the US, updated 13 November 2026

LLC for investing from abroad: the dividends, the forms and the estate tax question

You buy and hold. Index funds, dividend shares, Treasury bonds, maybe a stake in a friend's company. You live in , and the horizon is twenty years or more. For you the questions are quieter than a trader's: what the US keeps from each dividend, and what happens to the portfolio when it passes to your family.

US$60,000
US shares and other US assets above this value at death mean the estate of a non-resident must file a US estate tax return, according to the IRS. Rates on the excess run up to 40%.
You buy Dividends, every quarter It passes to your family 2026
01

Does an LLC help or hurt a long-term investor?

Mostly it organises. It rarely cuts US tax, and on the estate question it can't be relied on.

Neutral

Dividend withholding

A one-owner LLC is invisible to the IRS for income tax, so your own treaty rate applies, exactly as if you held the shares yourself.

Neutral

Capital gains

You likely pay no US tax on them already. Under 183 days a year in the US, a non-resident's gains on shares are exempt.

Unclear

US estate tax

No IRS rule says how a non-resident's LLC interest is treated. A corporate election makes it plainly worse. Chapter 02.

Costs you

Yearly paperwork

Form 5472 and a pro forma 1120 every year, even in a quiet year, plus the state's yearly fee.

Helps

Family or partner money

Several people can hold one portfolio under one operating agreement, with shares written down.

Helps

A separate account

The portfolio sits in a company account with its own records, apart from your day-to-day money.

02

US estate tax for non-residents: the US$60,000 line

This is the reason most long-term investors abroad look at a structure at all, so it gets the most care.

The US taxes the estate of a person who was neither a US citizen nor domiciled in the US only on assets "situated" in the US. On the IRS's list: US real estate, US marketable securities, debts of US persons and a US business. Off the list: securities that pay portfolio interest, bank deposits not used in a US business, and certain life insurance.

Two numbers do the work. If US-situated assets, plus adjusted taxable gifts, are over US$60,000, the executor files Form 706-NA within nine months of death. The tax uses the section 2001(c) rate schedule, from 18% up to 40% above US$1 million, less a unified credit that the Form 706-NA instructions put at US$13,000 in general.

US$

Before any treaty. No gifts, deductions or foreign death tax credit counted.

Where an LLC fits, and where it doesn't

You hold the sharesUS property

Shares issued by a domestic corporation are US property for a non-resident, under section 2104(a).

You, a US LLC, the sharesNo IRS rule

With default treatment the IRS hasn't said whether it looks through the LLC to the shares. With a corporate election the LLC is a domestic corporation, so its own shares are US property by the same section.

You, a non-US company, the sharesNot US property

Shares of a foreign corporation fall outside section 2104(a). The price: often no treaty rate on dividends, your country's foreign company rules, and section 2104(b) on transfers made within three years of death.

Adviser signs off here. Estate planning across two countries depends on your domicile, your country's own inheritance tax and any treaty. Use this chapter to ask better questions, not to decide.

03

Dividend withholding estimator, by treaty country

Every quarter, the broker keeps part of each US dividend before you see it. The rate depends on who the IRS thinks owns the shares.

Who owns the shares for US tax
You are resident in

Ordinary dividends from US companies. Fund and REIT dividends can differ, and a company claiming a treaty must also pass its limitation on benefits test.

30%withheld

Rates: column 6 of the IRS Tax Treaty Table 1 (Rev. May 2023), with Hungary's treaty ended from 2024 and Russia's listed with a caution on the IRS treaties A to Z page.

04

Interest, gains and private stakes: what the US already leaves alone

A non-resident's long-term portfolio is taxed in the US far less than most people expect, LLC or not.

What you holdUS tax for a non-residentThe rule
Dividend shares and US ETFs30%, or treaty rateWithheld on each dividend
US Treasuries, registered corporate bondsUsually 0%Portfolio interest exemption, with a W-8 on file
Cash at a US bank0%Deposit interest not tied to a US business is excluded
Selling shares at a gain0% under 183 daysCapital gains exempt unless in the US 183 days or more
US fund payouts from interestCan be 0%Interest-related dividends a fund designates in writing
US real estate, or a company mostly made of itTaxedTreated as connected with a US business
A stake in an operating US LLCTaxed, and a US returnA partner in a US business is in that business

The last two rows are where long-term investors get surprised. Buying into a friend's US startup as a member of its LLC makes you a partner in a US trade or business, with a US return to file. A stake in a US C corporation doesn't: its dividends are withheld and the gain on sale is generally exempt, unless the company is mostly US real estate. All of it from Publication 519.

05

W-8BEN or W-8BEN-E, and the disregarded LLC trap

The form decides your rate, and owners of one-person LLCs pick the wrong one all the time.

Your broker account is in the LLC's nameW-8BENsigned by you, as an individual, with the LLC named on line 7
Your foreign company owns the LLCW-8BEN-Esigned by that company, the LLC on line 10
The LLC has two owners, or elected corporation statusW-9signed by the LLC, a US person

The trap runs both ways. A W-8BEN-E in the LLC's own name tells the broker the LLC is the foreign owner, which it isn't. A W-9 from a one-owner LLC tells the broker the money belongs to a US person. Either can end in the wrong withholding or a frozen account. The full form walk-through is on our W-8BEN-E page.

06

Back home: CRS reports, foreign company rules and fund rules

US tax on a buy-and-hold portfolio is small. Home tax is usually the bigger number, and a structure can change it.

Who reports the account

The US isn't part of the OECD's Common Reporting Standard; it exchanges under FATCA. A holding company's account at a bank or broker in a CRS country is reported to the countries its owners live in. Our CRS countries list shows who exchanges with whom.

Foreign company rules

A company that only holds investments earns passive income, the classic target of CFC rules. Many countries tax that income to the owner each year, paid out or not. A non-US holding company is where this bites first.

Fund rules, and a US one to avoid

Some countries tax foreign funds on a yearly deemed basis. In the US, an LLC that elects corporate status becomes a US person, and its non-US funds become PFIC holdings that need Form 8621. One more reason to keep the LLC disregarded.

07

Three ways to hold the same portfolio

There's no free option. Each route trades one problem for another.

In your own nameUS LLC, one ownerNon-US holding company
US estate tax on US sharesExposed above US$60,000No IRS rule; don't rely on itForeign shares sit outside 2104(a)
US dividend rateYour treaty rateYour treaty rateThe company's country's rate; 30% where there's no treaty
US gainsExempt under 183 daysExempt under 183 daysGenerally exempt
Yearly filingsNone in the US for mostForm 5472 and pro forma 1120Local filings, maybe accounts
Home countryTaxed as your ownDepends how it classifies the LLCCFC rules likely in play
Yearly bill with us, from year twoNothingFrom US$69 (New Mexico)US$1,159 (BVI)

Comparing holding company countries on tax, treaties and cost is the job of our holding company guide; the BVI business company page has the full bill for that route.

08

Costs, and the order to do things in

Prices are our all-in figures with state fees at cost. Three steps need an adviser's sign-off, and two of them come before you pay us anything.

  1. Write down the portfolio

    What you hold, where, its value in US$, and who should inherit it. Adviser signs off

  2. Choose the route

    Own name, US LLC or holding company, with the estate tax and home tax answers in hand. Adviser signs off

  3. Form the company

    For an LLC we file in the state you pick and apply for the EIN without an SSN.

  4. Write the operating agreement

    Owners, shares and who may give the broker instructions, and what happens on a death.

  5. Open the bank and broker accounts

    We set up the bank account with you. The broker gets the company papers and your W-8BEN.

  6. Move the holdings

    Moving shares into a company can be a sale at home; buying new inside it isn't. Ask before you transfer. Adviser signs off

  7. File every year

    Form 5472 for the LLC, a new W-8 by the end of the third calendar year after you signed it, and your home return.

09

Questions investors ask

Does a US LLC protect my US shares from US estate tax?
Not reliably. The IRS has published no rule on how an interest in a US LLC is treated for the estate tax of a non-resident. If the LLC elects to be taxed as a corporation, it is a domestic corporation, and section 2104(a) treats shares of a domestic corporation as US property. Plan estate tax with an adviser, not with the LLC alone.
What withholding rate applies to US dividends in my LLC?
With one foreign owner and default tax treatment, the LLC is disregarded and the rate is yours: 30%, or the rate in the IRS treaty table for the country where you are resident, claimed on a W-8BEN. For most treaty countries the ordinary dividend rate is 15%.
Do non-residents pay US tax on capital gains from US stocks?
Generally not. Publication 519 exempts a non-resident's capital gains if they spent under 183 days in the US that year and the gains aren't connected with a US business. Gains on US real estate, and on shares of companies that mainly hold it, follow separate rules.
Should my single-member LLC sign a W-8BEN-E?
No. A disregarded LLC doesn't sign its own W-8. You sign a W-8BEN as the owner, or your foreign company signs a W-8BEN-E if it owns the LLC, with the LLC named so the broker can match the account.
Is a BVI holding company better than a US LLC for US shares?
It is different. Shares of a foreign company are not US property for a non-resident's estate tax under section 2104(a), but the BVI has no US income tax treaty, so US dividends paid to it lose a treaty rate and have 30% withheld. Your home country's rules on foreign companies also apply. It is a decision for an adviser.
Will my home country see my US brokerage account?
The US doesn't take part in the OECD Common Reporting Standard; it exchanges under FATCA and its agreements. An account a holding company keeps with a bank or broker in a CRS country is reported to the countries of its owners. Declare the account at home either way.

Changelog

13 November 2026: first published, from IRC sections 2001, 2104 and 864, IRS Publication 519 (2025), the IRS estate tax FAQ for non-residents, the Form 706-NA and Form 8621 instructions and IRS Tax Treaty Table 1.

Hold it in a company

A quiet company for a long-term portfolio.

A US LLC from US$99 in year one, or a non-US holding company if your adviser points that way. Either is formed from wherever you live, with the bank account set up with you.