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Hi David:
Do you provide a fee-based service to assist in completing the IRS Form 1120-F - US Income Tax Return of a Foreign Corporation, and the associated form 8833 - Treaty-Based Return Position Disclosure?
I'm a BC Incorporated Small Business who has agreements with a couple of US-based firms, who pay me a finders fee for finding new customers for them in either Canada or the US. I have registered, in early 2004, with the IRS as a Canadian-based Small Business Incorporated company. I received a notification from the IRS that I have to complete and submit their 1120-F form before March 15th.
Lat year I performed this same business, but was registered with the IRS as a Sole Proprietor, and wasn't required to complete these Foreign Corporation forms.
If you don't provide this kind of service, could you recommend someone who does?
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david ingram replies:
You are not alone. There are hundreds of small Canadian businesses and business people who are delinquent in the filing of their US business returns whether a corporation, partnership or proprietorship.
Yes. We can do it for you. Sonja Clark in our office is an American CPA and a Canadian CA who specializes in the paperwork you need.
Although you were not required to file form 1120F last year because you were not a corporation, if you were operating in the US last year, you should have filed a US personal tax return.
If you were doing all the work last year as a proprietor and performed all the services in Canada with no business trips to the US, you would NOT need to file a US return but if you were making sales trips and research trips and goodwill trips on business, you (and everyone else doing the same thing) have a liability to file a US and likely a state or two return.
Go to www.centa.com and read the November 1999 newsletter for some more information on the requirements to file US returns for Canadian businesses.
Hope this helps
Contact numbers are below.
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