FORco is a company incorporated in foreign country F. Due to high demand for FORcos...
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FORco is a company incorporated in foreign country F Due to high demand for FORcos programming services in the US FORco sends its best programmer, a citizen of country F to perform such services for some of FORcos most important US clients. FORco does not have an office in the US The programmer works from the clients offices. The programmer is in the US for weeks and gets paid $ by FORco for the weeks of work. Is FORco conducting a US trade or business subject to US taxation? a Yes, if Country F has a treaty with the US b No if Country F has a treaty with the US c The employee does not meet the De Minimis rule under a treaty, and therefore, the income is subject to US tax. d FORco is conducting a trade or business in the US independently of whether there is a treaty or not.
FORco is a company incorporated in foreign country F Due to high demand for FORcos programming services in the US FORco sends its best programmer, a citizen of country F to perform such services for some of FORcos most important US clients. FORco does not have an office in the US The programmer works from the clients offices. The programmer is in the US for weeks and gets paid $ by FORco for the weeks of work. Is FORco conducting a US trade or business subject to US taxation?
a Yes, if Country F has a treaty with the US
b No if Country F has a treaty with the US
c The employee does not meet the De Minimis rule under a treaty, and therefore, the income is subject to US tax.
d FORco is conducting a trade or business in the US independently of whether there is a treaty or not.
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