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Taxation & Estate Planning
: Rubin on TaxFBAR GUIDANCE ON "DOING BUSINESS IN THE U.S."
By Charles Rubin
One problem with this requirement is that the Instructions to the form provide no guidance as to what constitutes "doing business in the U.S." for this purpose. The applicable form language reads:
The IRS has now published a FAQ that provides guidance on when a person will be considered to be doing business in the U.S. Q&A 4 in this guidance provides:
- The determination is a facts and circumstances test.
- Regular and continuous business activities in the U.S. are needed.
- Merely visiting the U.S., or sporadically conducting business in the U.S., will not be enough.
- Artists, athletes, and entertainers who are not citizens or residents of the United States and who only occasionally come to the United States to participate in exhibits, sporting events, or performances, will not be considered to be conducting business in the U.S.
Full post as published by Rubin on Tax on February 22, 2009 (boomark / email).
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