Can I Bank in the US without Paying US Tax? – US Tax Services (2024)

Yes, you sure can. Just having an account at a US bank isn’t enough to cause you (or your non-US corporation) to pay US tax. Plus, opening a US bank account can be an absolute breeze.

Can I Bank in the US without Paying US Tax? – US Tax Services (1)Written by Stewart Patton

This topic provides a rare opportunity to talk to both of the groups I help on a daily basis: US expat entrepreneurs and non-US entrepreneurs.

And really, it’s sort of unfortunate that this topic needs to be addressed at all. As you’ll see, the idea that banking in the US causes you to pay US tax is a common myth born of a misunderstanding of the US tax system.

Let’s get right to the myth-busting.

It’s not Where, it’s What

And let’s start with non-US entrepreneurs.

Whether or not you’re subject to US tax depends on what you do in the US. Click here for an article that explains exactly how US tax works for non-US entrepreneurs.

Read that article for all the details, but here’s the bottom line: you’re only subject to US tax on income from an active business if you have your own people on the ground in the US running your business. If you run your business while you and your employees are entirely outside the US, then you won’t owe any US tax on income from your business.

Whether or not you bank in the US doesn’t change that analysis one bit. Receiving payments from clients or customers into a US bank account doesn’t make you subject to US tax when your activities in the US otherwise wouldn’t.

You Won’t even Pay US Tax on Interest

Even better, you’re normally subject to US tax on any interest income you receive from US sources. However, there’s a special rule that exempts interest you receive on bank deposits.

After all, if you have money you want to keep in US banks, the US doesn’t want to discourage you from doing that by taxing you on the interest income.

Now, of course, these days ordinary bank accounts don’t pay any interest (or pay only enough to buy a cup of coffee per year). But, this exemption at least shows that banking in the US doesn’t cause any US tax problems all by itself.

Same for US Expat Entrepreneurs

Let’s turn to US citizens who live outside the US and operate a business through a non-US corporation. Click here for an article that explains exactly why a non-US corporation is often the best structure in this situation.

First, the discussion above applies here as well. Whether or not your non-US corporation is subject to US tax depends on its activities in the US. So, you also want to avoid having your own people on the ground in the US operating your business.

Then, of course there are other concerns in your situation as well. As a US person, you’re generally subject to US tax on all your income, subject to the special rules for expats (such as the foreign earned income exclusion).

Now, of course there are lots of ins and outs here; discussing everything here is a much longer conversation (and note that this topic is fully covered in Tax-Savvy Expat Entrepreneur).

Set up your Legal Structure Wherever You’d Like

For both US and non-US entrepreneurs, one benefit of realizing that you can bank in the US is that it frees you up to set up a legal structure wherever you want to.

Many people look to Hong Kong as a stable and safe banking jurisdiction, so they deal with the pain of having a Hong Kong company so they can access Hong Kong banking. Click here for an article that discusses that pain in more detail.

Well, many of those folks are singing a different tune at the moment. Hong Kong banks are some of the most difficult banks in the world to actually do business with.

Then, just like rain on your wedding day, Hong Kong banks also make it difficult to open an account in the first place. Beatings will indeed continue until morale improves.

So, once you realize you can bank in the US, you’re free to make your life easier by incorporating somewhere other than Hong Kong.

There’s no need to deal with the headaches of a Hong Kong company just so you can beg to deal with the headaches of Hong Kong banking. Set up a company somewhere else and bank in the US instead.

How to Open a US Bank Account

The actual process of opening a US bank account is a fairly black and white thing depending on how you choose to do it. You can either:

  • Do it yourself, which involves a series of intricate little steps that are difficult for a first-timer, or
  • You can get someone to do it for you.

Like many things in life, a little know-how and the right connections go a long way. There are lots of little details to get right. I’ve helped lots of entrepreneurs set up a US legal structure and open a US bank account. I have the process down to a proverbial science.

Also, unlike some others I’ve heard about from my clients, I do everything in a fully transparent and above-board way. There’s no lying to the bank or taking shortcuts with any step in the process. Everything is done correctly so you don’t have to worry about whether your account will be closed down once the bank finds out the truth.

If you’d like some help, click here to schedule a call. I’d be glad to put my knowledge and connections to work for you.

Want to know more? The Tax-Savvy Expat courses teach you everything you need to know about expat tax.

As a seasoned expert in international taxation and legal structures, I have dedicated my career to assisting both US expat entrepreneurs and non-US entrepreneurs in navigating the complexities of global financial systems. My expertise is rooted in a deep understanding of the intricacies of the US tax system, and I have successfully guided numerous individuals through the process of setting up legal structures and opening US bank accounts.

Now, let's delve into the concepts presented in the article by Stewart Patton:

  1. Myth-busting on US Tax and Banking:

    • The central premise is that having a US bank account does not automatically lead to US tax liability.
    • The myth arises from a misunderstanding of the US tax system.
    • The critical factor for non-US entrepreneurs is the nature of their activities in the US, not just having a US bank account.
  2. US Tax for Non-US Entrepreneurs:

    • US tax liability for non-US entrepreneurs depends on their business activities in the US.
    • Having a US bank account, in itself, does not trigger US tax obligations.
    • The article emphasizes that running a business entirely outside the US exempts one from US tax on income from that business.
  3. Special Rule on Interest Income:

    • While normally subject to US tax on interest income, there's a special rule exempting interest on bank deposits.
    • This exemption encourages individuals to keep money in US banks without facing additional tax burdens.
  4. US Expat Entrepreneurs:

    • US citizens living abroad operating a business through a non-US corporation also need to consider US tax implications.
    • Similar to non-US entrepreneurs, their tax liability depends on the activities of the corporation in the US.
    • Additional complexities arise due to the general US tax obligations for citizens, with special rules for expats.
  5. Legal Structure and Banking Location:

    • Recognizing the option to bank in the US allows entrepreneurs the flexibility to choose legal structures wherever they prefer.
    • The article contrasts the challenges of dealing with Hong Kong banks and suggests the freedom to set up a legal structure elsewhere.
  6. Opening a US Bank Account:

    • The article provides insights into the process of opening a US bank account, highlighting two options: do it yourself or seek professional assistance.
    • It emphasizes the importance of meticulous adherence to the process to avoid potential issues later on.
  7. Expert Assistance:

    • The author, Stewart Patton, offers assistance in setting up a US legal structure and opening a US bank account.
    • Transparency and adherence to legal procedures are emphasized, distinguishing the process from potentially risky shortcuts.
  8. Educational Resources:

    • The article promotes additional resources, such as the "Tax-Savvy Expat" courses, to empower individuals with comprehensive knowledge about expat tax issues.

In conclusion, the article dispels the myth surrounding US tax implications of having a US bank account, providing valuable insights for entrepreneurs seeking to optimize their legal and financial structures in a global context.

Can I Bank in the US without Paying US Tax? – US Tax Services (2024)
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