Individual vs. Entity: Who is Eligible to Apply for a US Tax Residency Certificate?

Introduction

One​‍​‌‍​‍‌ of the things that completely baffles people is definitely the question of residency status when talking about cross-border taxation. If you are an individual who earns money in the US or a company that has global transactions, proving your tax residency is a true “flex”-both legally and financially. This is precisely the point when the US Tax Residency Certificate comes to the rescue. As Accelero Corporation is already assisting thousands to easily navigate through the tax complexities, why don't we make it work and figure this out in a way that actually makes sense?

A Tax Residency Certificate (TRC) is just an official document issued by the IRS that confirms the taxpayer, whether a person or a business, is a US resident for tax purposes. This certificate is quite often required when one wants to take the benefit of relief provided by Double Taxation Avoidance Agreements (DTAAs), refrain from being taxed unnecessarily in foreign countries, and keep international dealings going smoothly in terms of compliance.

The main question, though, is: "Who can apply?" Are individuals eligible to apply? Can businesses be qualified? Or is it only for people who have foreign-sourced income? Let’s simplify and clarify everything ​‍​‌‍​‍‌here.


Tax Residency Basics: Why Does It Even Matter?

Think​‍​‌‍​‍‌ of it as having to file your taxes twice for the same income but in different countries—double the work and double the headaches. The main reason for the TRC is to demonstrate that you are a taxpayer resident in the US and, therefore, entitled to the benefits of the treaty. Basically, this translates into tax rates that are lower than usual, tax-free income, or the complete avoidance of the problem of double taxation. The IRS does not take it lightly; therefore, your place of residence is very important, and hence, the requirements for eligibility vary for individuals and companies.

Accelero Corporation supports the distinction in understanding by the taxpayers so that they do not pay more taxes than necessary. In any case, whether you are a one-man show or managing a large company, it is worth knowing where you stand, as it can save you a lot of time, money, and ​‍​‌‍​‍‌trouble.


Who Can Apply? Individuals

People​‍​‌‍​‍‌ are absolutely allowed to file a TRC on their own, but only when they conform to the Internal Revenue Service (IRS) standards for tax residency. In other words, they should fit into at least one of these ​‍​‌‍​‍‌categories:

1. U.S. Citizens

As​‍​‌‍​‍‌ a U.S. citizen, you are by default considered a resident for tax purposes. ​‍​‌‍​‍‌Simple!

2. Green Card Holders

A​‍​‌‍​‍‌ Green Card holder is a lawful permanent resident, so such a person may apply for the ​‍​‌‍​‍‌certificate.

3. Substantial Presence Test (SPT)

In​‍​‌‍​‍‌ the case of non-citizens, the Internal Revenue Service (IRS) employs a calculation to determine whether you have been in the United States long enough to be considered a resident. If you meet the SPT, good for you—you are eligible.

People generally have to present a Tax Residency Certificate (TRC) when they:

  • Receive income from a foreign country

  • Intend to claim the benefits of a treaty

  • Require the elimination of double taxation

This situation is extremely typical for freelancers, remote workers, investors, and ​‍​‌‍​‍‌expats.


Who Can Apply? Entities

Okay,​‍​‌‍​‍‌ so what about companies? Well, it seems that they are for sure playing the game as ​‍​‌‍​‍‌well.

1. Corporations

A​‍​‌‍​‍‌ corporation incorporated in the United States, is considered a US tax resident. The same rule applies to C-corps, S-corps, and any other typical ​‍​‌‍​‍‌entities.

2. Partnerships

Partnerships​‍​‌‍​‍‌ can also be eligible, contingent upon their method of taxation. Some partnerships allocate income to the partners; hence, the IRS investigates the type of taxation before granting a ​‍​‌‍​‍‌certificate.

3. LLCs

LLCs​‍​‌‍​‍‌ are somewhat complicated because they may be taxed as disregarded entities, partnerships, or corporations. However, after determining the tax classification, they are definitely ​‍​‌‍​‍‌eligible.

4. Trusts and Estates

Additionally,​‍​‌‍​‍‌ such a trust or estate can be considered an eligible entity if it is regulated by US laws and abides by the rules of residency.

An entity usually requires a TRC if it signs contracts with foreign parties, gets money from foreign sources, or carries on business in several jurisdictions where tax treaties are in ​‍​‌‍​‍‌force.


The Key Difference Between Individuals & Entities

The​‍​‌‍​‍‌ requirements are different even if both can be ​‍​‌‍​‍‌applied.

Individuals

  • Have​‍​‌‍​‍‌ to be a resident according to the Substantial Presence Test or be a citizen/Green Card holder

  • File Form 8802 together with individual tax information

  • The taxpayer must have filed a US tax ​‍​‌‍​‍‌return.


Entities

  • Require​‍​‌‍​‍‌ documentation confirming US incorporation

  • Have to be correctly classified by the IRS

  • Have to submit EIN, tax return records, and corporate structure information

With the help of Accelero Corporation, single persons and business entities are able to carry out their applications without fault, thus a great facilitating the compliance ​‍​‌‍​‍‌process.


Why This Matters for Global Income

Here's​‍​‌‍​‍‌ the tea: If you are making income or running a business abroad, then this certificate is not something you can choose to have—it is necessary. A USA Tax Residency Certificate can be the reason that you do not fork out an extra hundred thousand in foreign taxes. On top of that, it allows your business dealings to be viewed as legitimate and, in a sense, acts like a helper in the upkeep of clean financial records.

One thing you want to be sure of in international finance is that there is no confusion about the sharing of the taxes and the location of the paying party. The TRC is like a megaphone that lets tax authorities worldwide hear your U.S. tax status very clearly and ​‍​‌‍​‍‌unequivocally.


Final Takeaway

If​‍​‌‍​‍‌ you are an individual earning your income worldwide or a company that is extending its international footprint, you can still apply for a TRC. This is provided that you meet the IRS guidelines. The rules are not that dreadful if you figure them out step by step - it is all about showing your tax residency. And if you ever find yourself in a situation where you cannot figure it out, Accelero Corporation is there to provide you with expert support and guidance throughout the entire process.

Simply put, both US individuals and business entities can be tax residents USA and thus be eligible, the only difference being their documentation and verification criteria. And I promise you—obtaining your Certificate of Tax Residency USA is one of those wise decisions that future-you will definitely thank you ​‍​‌‍​‍‌for.

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