Ecommerce

U.S. Business Tax Returns and Due Dates

Tax season is here, and understanding your U.S. tax obligations is critical for ensuring compliance and avoiding costly penalties. Whether you’re a U.S. resident, a non-resident with a U.S. LLC, or operating a partnership with foreign ownership, knowing your filing requirements can save you time and stress.

This guide provides a detailed overview of the 2025 tax filing deadlines for individuals, businesses, and foreign-owned entities. It also highlights specific requirements for cryptocurrency reporting, specialized filings, and illustrative case studies.    Taxes 2025

Important Updates for the 2025 Tax Season

Start of Tax Filing Season

The IRS has announced that the 2025 tax filing season begins on January 27, 2025. This is the first date you can file your individual tax returns (Form 1040).

New Requirements for Cryptocurrency Reporting

Cryptocurrency transactions are under increasing scrutiny from the IRS. Updates for 2025 include:

  • Form 8949: Required to report crypto trades, sales, and other dispositions. Include transaction dates, cost basis, and proceeds.
  • Schedule 1: Used to report income from crypto staking, airdrops, or mining.
  • IRS Enforcement: Crypto brokers are now required to report transactions, so expect stricter enforcement of compliance.

Key Individual Tax Deadlines for 2025

January 16, 2025 – Q4 2024 Estimated Tax Payments Due

The final installment of 2024 estimated tax payments is due for self-employed individuals or those owing more than $1,000 in taxes. This deadline applies to calendar-year taxpayers. Fiscal-year taxpayers have different deadlines.

January 31, 2025 – W-2s and 1099-NEC/1099-MISC Forms Due to Recipients

Employers must furnish W-2s to employees and 1099 forms (such as 1099-NEC for contractors) to recipients by this date.

April 15, 2025 – Tax Day 2025

  • Individual Tax Returns (Form 1040 or 1040-NR): Required for U.S. residents and non-residents with U.S.-sourced income.
  • Crypto Reporting: Taxpayers must file Form 8949 and report crypto income on Schedule 1.
  • Q1 2025 Estimated Tax Payments: The first installment for 2025 estimated taxes is due.
  • Extension (Form 4868): File for a six-month extension to submit your return by October 15, 2025.

June 17, 2025 – Q2 2025 Estimated Tax Payments Due

This deadline is adjusted because June 15 falls on a weekend.

September 15, 2025 – Q3 2025 Estimated Tax Payments Due

October 15, 2025 – Extended Individual Tax Returns Due

If you filed for an extension using Form 4868, your individual return is due on this date.

Key Business Tax Deadlines for 2025

January 16, 2025 – Q4 2024 Estimated Tax Payments Due

January 31, 2025 – W-2s and 1099-NEC/1099-MISC Forms Due

Employers must file W-2s with the SSA and 1099 forms with the IRS by this date.

March 17, 2025 – Partnership and S Corporation Returns

  • Partnerships (Form 1065) and S Corporations (Form 1120-S) must file returns or request an extension (Form 7004).

April 15, 2025

  • C Corporation Returns (Form 1120): Due for calendar-year C corporations. Extensions can be requested until October 15, 2025, using Form 7004.
  • Form 1120-F: Foreign corporations with U.S. trade or business must file this return or request an extension with Form 7004.
  • Q1 2025 Estimated Tax Payments are also due.

June 16, 2025 – Form 5472 and Proforma 1120

Single-member LLCs owned by foreign persons and not engaged in a U.S. trade or business must file Form 5472 and a proforma Form 1120 to report transactions with their foreign owner.  Form 5472 is required even if the LLC has no USTOB or ECI, as it reports transactions between the LLC and its foreign owner.

September 15, 2025 – Extended Partnership and S Corporation Returns

October 15, 2025 – Extended C Corporation Returns

For C corporations and foreign corporations that filed Form 7004, this is the extended deadline.

Case Studies: Tax Filing Obligations

Disclaimer:
The following case studies are for illustrative purposes only. These examples provide a general overview of U.S. tax requirements, but a full set of facts must be considered for your specific situation. Consult with a qualified U.S. tax professional to determine your actual filing obligations.

Scenario 1: Single-Member LLC (Disregarded Entity)

Case A: LLC Is USTOB and Has ECI

  • Facts: An Australian Amazon seller owns a U.S.-registered single-member LLC (disregarded entity) selling products via Amazon FBA. The LLC has U.S.-based warehouses and U.S.-sourced income, qualifying it as engaged in a U.S. trade or business (USTOB). This creates effectively connected income (ECI).
  • Tax Filings Required:
    1. Form 1040-NR: To report U.S.-sourced ECI.
    2. Form 8833: If claiming tax treaty benefits (e.g., reducing or eliminating tax liability on certain income).
    3. Sales Tax Requirements:
      • If the business sells on a non-marketplace website (e.g., Shopify), the LLC may need to register and file state sales tax returns if it meets any of the following criteria:
        • Economic Nexus Thresholds: Many states require sales tax collection if total sales into the state exceed $100,000 or 200 transactions annually.
        • Physical Nexus: Having inventory stored in a state (e.g., Amazon FBA warehouses) or other physical presence could also trigger sales tax obligations.
      • Note: Sales made through marketplaces like Amazon are typically handled by the marketplace under Marketplace Facilitator Laws.
    4. FBAR: Required if the LLC has foreign bank accounts exceeding $10,000 at any time during the year.
    5. Note: The U.S.-Australia Tax Treaty may exempt the seller from U.S. tax on business profits unless they have a fixed base (similar to a PE for individuals) in the U.S. Why it says, “may” exempt and not “will” exempt: Treaty Benefits Are Not Automatic: Tax treaties provide potential relief from U.S. tax, but the non-resident must meet specific conditions to qualify for the benefits.

      For example: The income must qualify as business profits under the treaty. The non-resident must not have a fixed base (for individuals) or permanent establishment (PE) (for companies) in the U.S.

      If these conditions are not met, the treaty does not apply, and the non-resident is subject to U.S. tax on their income.

Case B: LLC Is Not USTOB and Has FDAP Income

  • Facts: The same seller uses a single-member LLC that owns intellectual property (IP) but does not operate within the U.S. or generate ECI. The LLC earns royalties from U.S.-based Amazon activities, which are classified as FDAP income.
  • Tax Filings Required:
    1. Form 5472: To report capital transactions between the LLC and its foreign owner.
    2. Form 1042-S: To report FDAP income paid to the foreign owner, subject to 30% withholding unless reduced by a tax treaty.
    3. Form 1042: To summarize withholding activities reported on Form 1042-S.  Form 1042-S is issued to the foreign owner, and Form 1042 is filed by the withholding agent (e.g., the LLC or its U.S. bank).

Scenario 2: Partnership

Case A: Partnership Is USTOB and Has ECI

  • Facts: A multi-member U.S. LLC taxed as a partnership has two foreign partners. The LLC sells products on Amazon FBA, operates warehouses in the U.S., and generates U.S.-sourced ECI.
  • Tax Filings Required:
    1. Form 1065: To report partnership income and allocations to each partner.
    2. Form 8804: Annual return for partnership withholding tax on ECI allocated to foreign partners.
    3. Form 8805: Statement of withholding issued to each foreign partner.
    4. Form 1040-NR: Required for each foreign partner to report their share of ECI.
    5. Sales Tax Requirements:
      • Sales tax registration and filings may be required if the partnership sells on a non-marketplace website and meets economic or physical nexus thresholds in any state.
    6. Analysis: The partnership has a USTOB and ECI under U.S. domestic law. The foreign partners are subject to U.S. tax on their share of the ECI unless the treaty exempts them. Under the treaty, the foreign partners may be exempt from U.S. tax unless they have a fixed base in the U.S. (e.g., an office or employees).

Case B: Partnership Is Not USTOB and Has FDAP Income

  • Facts: The LLC has passive income, such as U.S.-sourced royalties or interest, but no operational presence in the U.S. This income is classified as FDAP income and is not ECI.
  • Tax Filings Required:
    1. Form 1065: Even though the income is FDAP, the partnership must still file Form 1065 to report income allocations to its partners.
    2. Form 8804 and Form 8805: Not required in this case, as withholding on FDAP income is reported using Forms 1042 and 1042-S.
    3. Form 1042-S: To report FDAP income paid to foreign partners, subject to 30% withholding (or reduced by tax treaty).
    4. Form 1042: To summarize annual withholding activities for FDAP income.

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Disclaimer
This blog is for informational purposes only and does not constitute tax, legal, or financial advice. Always consult a professional for advice tailored to your situation.