What Do Immigrant Entrepreneurs Need to Know About Complying with U.S. Tax Laws?

If you’re an immigrant entrepreneur or planning to become one, understanding how taxes work in the United States is essential for running your business successfully. Whether you’re starting a food truck, launching a tech startup, or selling handcrafted goods online, navigating U.S. tax laws can feel like a maze. From federal requirements to state and local taxes, there’s a lot to unpack.

You might find yourself wondering, “What exactly is pass-through taxation?” or “Do I need to pay quarterly taxes?” These are common questions and can be confusing for any small business owner, regardless of where they’re from.

In this guide, we’ll break down common business models and important details small business owners need to know to follow U.S. tax laws. We’ll explore the different types of taxes, how they vary by location, and the specific obligations for popular business structures like sole proprietorships, LLCs, and corporations.

At the end of the article, you’ll also find a few tax terms that might be new, so if you see a word you don’t know, hopefully we will have the definition there. Let’s get started.

In this guide, we will answer the following questions:

• What are Federal Taxes?
• What are State Taxes?
• What are Local Taxes?
• What Are Estimated Taxes (Quarterly Payments)?
• When Should Small Business Owners File Taxes?
• What is Pass-Through Taxation?
• What is Self-Employment Tax?
• What is Individual Income Tax?
• What is Payroll Tax?
• What is Sales Tax?
• What is Excise Tax?
• What are Franchise Taxes?
• What is Business Real Estate Tax?
• What is Business Personal Property Tax?
• What Are the Tax Requirements for Sole Proprietorships?
• What Are the Tax Requirements for Partnerships?
• What Are the Tax Requirements for Limited Liability Companies?
• What Are the Tax Requirements for Subchapter S Corporation?
• What Are the Tax Requirements for Cooperatives?
• What Are the Tax Requirements for Subchapter C Corporations?
• What Are the Tax Requirements for Nonprofits?
• What Are Tax Deductions?
• What Are Tax Credits?
• What Is an Information Return?

Taxes by Locality

In the U.S., businesses are required to follow tax rules from three levels of government: federal, state, and local. Each location has its own set of tax rules depending on where your business is and how it operates.

Federal taxes are set by the national government and focus on your business’s income. State taxes differ by state and can include income taxes and franchise taxes. Local taxes are usually determined by your city or county and help fund services like schools, law enforcement, and roads.

In this section, we’ll go over the different taxes required by each respective location.

What are Federal Taxes?

Every business in the United States will need to file a yearly return with a national agency called the Internal Revenue Service (IRS). The federal tax form your business needs depends on its structure and profits, with income tax being the main federal tax most businesses must consider.

For self-employed individuals, including sole proprietors and partners, there’s an additional self-employment tax that supports Social Security and Medicare programs which are two essential federal programs.

Corporations handle federal taxes differently. For example, C corporations file corporate income taxes directly with the IRS, while S corporations pass profits to their shareholders, who report them on personal tax returns.

If your business has employees, payroll taxes also come into play. These taxes are part of the federal tax system and the contributions are split between the employer and employees. The employer takes a portion of the employee’s pay for their share of the taxes and adds their own portion. Then, the employer sends both amounts together to the IRS.

These are just a few examples of common federal taxes which we’ll cover in more depth later.

When Should Small Business Owners File Taxes?

Filing your annual taxes is not the same as making estimated payments. Filing your taxes happens once a year, typically by April 15 for most businesses. This involves submitting forms like Form 1040 or Form 1065 to report your income, deductions, and other details.

What are State Taxes?

Each state has its own set of tax laws, and businesses must comply with the rules of the state in which they operate. Some states impose an income tax, while others may have franchise taxes or sales taxes. Additionally, many states require businesses to obtain permits or licenses to operate legally, which can also come with associated fees.

For instance, Oregon doesn’t impose a state-wide sales tax and in New York, most food and food products are exempt from sales tax. Some states may also offer sales tax exemptions for certain types of businesses or products, and many offer business tax credits or incentives that can help lower your tax burden. For example, Florida business owners may be able to avoid paying sales tax when they purchase industrial, manufacturing machinery.

We can’t cover every state’s tax rules in this article, but a good place to start your research is the U.S. government’s GSA SmartPay state tax information tool. The website provides helpful details about each state’s tax laws and includes links to the state’s revenue department website and contact information for further guidance.

What are Local Taxes?

In addition to federal and state taxes, businesses may also need to pay attention to local taxes, which are essential for funding services that benefit the community. These include public schools, emergency services, and road maintenance—essential resources that your business and its employees rely on every day. Local taxes can come in a variety of forms, from property taxes and sales taxes to payroll taxes.

While the federal government and states have their own tax rules, local taxes are often more directly tied to services that impact the community around you. For small businesses, this means contributing to the cost of things like fire departments, and the upkeep of roads. These taxes may not always be something you see immediately, but they help maintain the infrastructure that supports both your business and the area in which it operates.

Types and Methods of Taxation

Now, let’s take a look at more specific categories of taxes. We’ll start with federal taxes before moving on to state and local taxes. While both are part of your obligations, it’s helpful to understand which taxes come from the federal government and which are required by the state.

Federal Taxes

Let’s look at five types of taxes that small businesses will need to pay to the IRS.

What Are Estimated Taxes (Quarterly Payments)?

Estimated taxes aren’t a separate type of tax but instead, a way to pay your taxes gradually throughout the year instead of in one lump sum at the end. These payments are made every three months, or “quarter,” based on the income earned during that time. This system is common for small business owners, freelancers, and independent contractors because their taxes aren’t automatically withheld like they are for traditional employees.

Individuals, including sole proprietors, partners, and S corporation shareholders, generally need to make estimated payments if they expect to owe $1,000 or more by the end of the year when filing their tax return. For corporations, estimated payments are required if the tax bill is expected to be $500 or more. If you owed taxes last year, you might also need to make estimated payments for the current year.

The payment schedule is divided into four quarters:

• Quarter 1 covers January 1 – March 31, with payment due April 15.
• Quarter 2 covers April 1 – May 31, with payment due June 15.
• Quarter 3 covers June 1 – August 31, with payment due September 15.
• Quarter 4 covers September 1 – December 31, with payment due January 15 of the following year.

This system ensures that taxes are paid incrementally, making it easier to manage rather than having to pay a large amount all at once. For more help, you can use the IRS worksheet included with Form 1040-ES to determine if you need to make estimated payments.

What is Pass-Through Taxation?

Pass-through taxation, also called flow-through taxation, is a system where a business itself doesn’t pay income taxes. Instead, the profits or losses from the business are “passed” directly to the owners, who report them on their personal income tax returns. This most commonly applies to businesses like sole proprietorships, partnerships, S Corporations, and limited liability corporations (LLCs.)

One of the main advantages is that it avoids double taxation. In a corporation, profits are taxed at the corporate level, and then owners are taxed again on dividends or distributions. With pass-through taxation, smaller businesses can avoid paying twice because this extra layer of taxes is removed, meaning the business income is only taxed once.

Pass-through taxation can also simplify tax reporting for small businesses. Instead of filing separate income tax returns for the business, owners include the business’s income and expenses on their personal returns. Depending on the business type, owners may also qualify for deductions like the qualified business income deduction, which could lower the overall tax amount. For small businesses, this can mean keeping more of the money they earn, making pass-through taxation a popular and practical choice for entrepreneurs and new business owners.

What is Self-Employment Tax?

For small business owners, particularly sole proprietors, partnerships, and LLC members, self-employment tax applies to the income earned from the business. This tax covers the owner’s contributions to Social Security and Medicare and is separate from income tax.

Small business owners need to file an income tax return if their net earnings from self-employment are $400 or more. The IRS typically requires self-employed business owners to file an annual income tax return and make estimated tax payments every quarter.

What is Individual Income Tax?

Individual income tax, sometimes referred to as personal income tax, is a federal tax that applies to the income you earn from all sources, including your business. As a small business owner, you report your business income on your personal tax return, whether you’re a sole proprietor, partner, or LLC member.

The amount of tax you owe is based on your total income for the year. The U.S. operates under a progressive tax system, meaning the more you earn, the higher the tax rate on your income in higher tax brackets. In other words, only the income that falls within a higher bracket is taxed at the higher rate.

In addition to federal income tax, you might also need to pay state and local individual income taxes, depending on where your business is located.

What is Payroll Tax?

Payroll taxes are federal and state taxes based on an employee’s taxable wages, and they include several components.

First, income tax withholding should be deducted directly from your employee’s paycheck and sent to the IRS based on the information provided by the employee on their Form W-4. As the employer, you’ll handle this withholding, even though the tax comes from the employee’s income. For example if you have an employee who makes $1,500 per pay period and their income falls into the 10% tax bracket, the federal income tax withholding would be $150, which is 10% of $1,500. You would then be responsible for sending that $150 to the IRS.

FICA taxes, which include the Social Security and Medicare taxes we discussed earlier, are paid by employers and employees. Both you as the employer, and your employees, will pay an equal percentage of the employee’s taxable wages. Employers are responsible for matching the amount deducted from their employees’ paychecks and sending the combined total to the IRS. This includes 6.2% for Social Security and 1.45% for Medicare, totaling 7.65% of the employee’s wages withheld from their paycheck. Employers contribute an equal amount, for a combined total of 15.3%.

Another component of payroll tax is the Federal Unemployment Tax Act (FUTA), which employers pay to fund federal unemployment programs. State unemployment taxes also play a role, typically paid by employers, though some states require contributions from employees as well.

The standard FUTA tax rate for the IRS is 6.0% on the first $7,000 of taxable wages per employee. This means the maximum amount you, as an employer, will need to pay per employee for the tax year is $420, which is $7,000 x 6%. Once an employee earns $7,000 in gross wages for the year, you will have met your FUTA liability for that employee and are no longer required to pay FUTA taxes on their wages for the rest of the year.

State and Local Taxes

State and local taxes are collected by local governments like cities, counties, and townships to fund regional programs and community services. Let’s look at five types of taxes that fall within this category.

What is Sales Tax?

Businesses that sell goods or services may be required to collect sales tax, but this depends on the location where the sale takes place. Sales tax rates and regulations differ by state, and some states may even have county or city-level sales taxes.

For example, state-wide sales tax in California is 7.25%. So, if you were to sell a television for $500 anywhere in the state of California, you would charge a sales tax of at least $36.25, bringing the total for the customer to $536.25. Beyond that, there may be additional, local sales taxes to consider.

Usually, sales taxes are paid to the state or local government, not the federal government. Luckily, the consumer is typically responsible for paying sales tax. However, businesses are responsible for collecting, recording, and remitting the taxes to the government.

To “remit” a tax simply means to send it to the government.

As your small business prepares to sell goods or services, there are several key questions to consider about sales tax.

First, is the product or service you’re offering actually taxable? Certain goods and services, such as groceries or professional services, may be exempt in some states, so it’s important to know the rules in your area.

Next, how frequently does your business need to file and pay sales taxes? This can vary depending on the volume of your sales, with some businesses required to file monthly, quarterly, or annually.

Another critical factor is understanding the concept of a sales tax nexus. A sales tax nexus is the connection between your business and a state or locality that obligates you to collect and remit sales taxes there. This connection could be physical, such as having a storefront, office, or warehouse in a state.

It could also be economic, which is especially relevant for online or out-of-state sales. For example, in New York, you reach an economic nexus if your sales of physical goods delivered into the state are over $500,000 and you make more than 100 sales there in a year. If your business meets these thresholds, you are required to collect and remit sales tax in New York, even if you don’t have a physical presence there. This example only applies to New York, but it may be similar in your city or state.

What is Excise Tax?

Excise tax is a tax on specific products, services, or activities. The federal government often applies excise taxes to things like gasoline, diesel, indoor tanning, tobacco, soda, alcohol, and similar items. So this might be a tax to consider if you’re interested in opening a convenience store or small grocery store.

The excise tax is usually included in the price of the product, so the customer doesn’t typically see it separately on their receipt. Businesses that sell these products or services usually need to file a Form 720 to the IRS that shows how much excise tax is owed.

Like the other taxes mentioned above, excise taxes will need to be reported and paid on a quarterly basis according to the schedule mentioned in the self-employment tax schedule above.

What are Franchise Taxes?

A franchise tax is a fee that some states charge businesses for the “privilege of doing business” or setting up a company in that state. Some states call it a privilege tax, while others may use names like “transaction privilege tax” or “commercial activity tax.”

Even though the name “franchise tax” makes it sound like it only applies to big brands like Dunkin’ or Ace Hardware, that’s not true. It’s actually a tax on the right to operate any business in a state that has this tax.

The franchise tax is separate from other business taxes, and it might be in addition to things like state business income tax. What makes it different is that it’s not based on how much money your business makes. In some states, you’ll owe the franchise tax even if your business isn’t making a profit. Each state that has a franchise tax has its own rules for how it works.

For example, in California, businesses must pay a franchise tax to operate in the state. For corporations, the minimum franchise tax is $800, and this tax is required even if the business isn’t making any money. Other business types, like LLCs might also pay a similar tax.

What is Business Real Estate Tax?

Business real estate tax is on land and structures that are permanently attached to land, such as office buildings, retail shops, warehouses, or other business properties. This tax is assessed and collected by local governments, like counties or cities.

The amount of tax is based on the assessed value of the business property and the local tax rate which is sometimes called a millage rate or mill rate. For instance, if your business property is valued at $300,000 and the real estate tax rate is 1.5%, you would need to pay $4,500 because $300,000 × 1.5% = $4,500.

Small business owners typically pay real estate property taxes annually or semi-annually, depending on the local jurisdiction. If you lease your business space, the property owner is usually responsible for the tax, but some leases may pass this cost on to tenants, so it’s worth checking your lease agreement.

What is Business Personal Property Tax?

Also called tangible personal property sometimes, business personal property tax is a local or state tax on tangible assets like vehicles, furniture, machinery, office equipment, and other business property that isn’t classified as real estate. It’s not a federal tax, so the rules, rates, and types of property taxed are different depending on which state and city your business operates in.

If your business owns taxable personal property, you may need to file an annual report with your local tax authority, listing the items and their monetary values. The tax is typically calculated as a percentage of the assessed value of the property.

Personal property tax rates commonly range from 0.5% to 3% depending on the state or locality. So let’s imagine you own a restaurant—items like ovens, refrigerators, tables, and chairs could be subject to personal property tax.

If your restaurant’s equipment is valued at $50,000 and the local tax rate is 2%, your annual personal property tax would be $1,000, calculated as $50,000 x 2% = $1,000.

Of course this is just one example. The best thing you can do is research your state and city’s tangible property tax requirements.

Tax Obligations by Business Structure

Understanding tax obligations is important when choosing a business structure. Here, we’ll outline the tax requirements for sole proprietorships, partnerships, LLCs, and S corporations, followed by a helpful table for quick reference.

What Are the Tax Requirements for Sole Proprietorships?

Sole proprietorships use pass-through taxation. If you run a sole proprietorship, the business and the owner are treated as the same for tax purposes. This means you report all the business income or losses on your personal tax return instead of filing a separate tax return for the business. To do this, you need to fill out a Schedule C form when you file your Form 1040 every year. The Schedule C is where you list how much money your business made and what expenses you had.

You’ll also need to complete a Schedule SE form. This form is used to calculate the self-employment taxes we discussed above, which go toward Social Security and Medicare.

These taxes are similar to the ones that an employee of a company would automatically have taken out of their paychecks, but as a sole proprietor, you’re responsible for paying both the employer and employee portions.

What Are the Tax Requirements for Partnerships?

Partnerships also use pass-through taxation, but the process is slightly different from sole proprietorships. In a partnership, the business itself doesn’t pay income taxes. Instead, the profits or losses “pass through” to the partners, who report their share on their personal tax returns.

If you’re part of a partnership, the business files an information return using Form 1065 every year. This form tells the IRS how much the partnership earned or lost, but no taxes are paid with it. Instead, each partner receives a Schedule K-1 form that shows their share of the business’s income, deductions, and credits. You’ll use this Schedule K-1 to report your share on your personal Form 1040 when you file your taxes.

Like sole proprietors, partners are also responsible for self-employment taxes. This means you’ll need to fill out a Schedule SE to calculate your Social Security and Medicare contributions. As with other self-employed individuals, you’ll be responsible for paying both the employer and employee portions of these taxes.

What Are the Tax Requirements for Limited Liability Companies?

LLCs, or Limited Liability Companies, can be taxed in different ways depending on the number of members. A single-member LLC is typically taxed like a sole proprietorship, while a multi-member LLC is generally taxed like a partnership.

In both cases, the LLC itself doesn’t pay income taxes directly. Instead, the profits and losses pass through to the members, who report them on their personal tax returns.

For a single-member LLC, the owner reports income and expenses on a Schedule C with their personal Form 1040. In a multi-member LLC, the business files an informational return using Form 1065, and each member receives a Schedule K-1 that shows their share of the business’s income, deductions, and credits, which they then report on their personal tax return.

Additionally, if the LLC has employees besides the members or owners, it must collect and pay payroll taxes, which include Social Security, Medicare, and unemployment taxes. This means the LLC is responsible for withholding these taxes from employee paychecks and submitting both the employee and employer portions to the IRS.

What Are the Tax Requirements for Subchapter S Corporation?

If you run an S corp, your business follows special tax rules that can help you save money. An S Corp doesn’t pay federal income tax directly. Instead, the business’s profits or losses pass through to the owners, also known as shareholders. This means the S Corp itself doesn’t pay taxes on its income, but each shareholder must report their share of the business’s income or loss on their personal tax return.

In addition, self-employment taxes, which include Social Security and Medicare, only apply to the salary that the shareholders pay themselves for the work they do for the business. The remaining profits of the business are not subject to these taxes, which can save the owners money.

Each year, the S Corp must file Form 1120S, which reports the company’s income, deductions, and other tax-related details. Even though the business itself doesn’t pay taxes, it still needs to file this form so the IRS has a record of what happened in the business.

After the Form 1120S is filed, the S Corp will send a Schedule K-1 to each shareholder. This form shows each owner’s share of the business’s income, deductions, and credits, and they use this information to complete their personal tax return.

Another important requirement is that the IRS expects shareholders who work for the business to pay themselves a “reasonable salary” based on the work they do. This means they can’t pay themselves too little in salary in order to avoid paying self-employment taxes on the business’s profits. The salary should reflect what others in similar roles and industries are paid.

Although we’ve already covered these taxes in detail, the table below offers a visual guide to help you quickly identify the specific tax obligations for each business structure we’ve discussed.

Tax Type	Sole Proprietorship	Partnership	LLC	S Corporation
Estimated Taxes (Quarterly Payments)	Yes	Yes	Yes (if taxed as pass-through)	Yes (if taxed as pass-through)
Sales Tax	Only if selling taxable goods/services	Only if selling taxable goods/services	Only if selling taxable goods/services	Only if selling taxable goods/services
Self-Employment Tax	Yes	Yes	Yes (unless taxed as a corporation)	No (owners pay payroll taxes on wages)
Individual Income Tax	Yes (on profits)	Yes (on profits)	Yes (if taxed as pass-through)	Yes (if taxed as pass-through)
Payroll Tax	No (unless hiring employees)	No (unless hiring employees)	Yes (if hiring employees)	Yes (for owners/employees)
Excise Tax	Only if applicable	Only if applicable	Only if applicable	Only if applicable
Franchise Tax	No (not typically required)	No (not typically required)	Yes (in some states)	Yes (in some states)
Business Real Estate Tax	Yes (if owning real estate)	Yes (if owning real estate)	Yes (if owning real estate)	Yes (if owning real estate)
Business Personal Property Tax	Only if applicable	Only if applicable	Only if applicable	Only if applicable
Tax Forms	Form 1040 with Schedule C	Form 1065 and Schedule K-1	Form 1040 with Schedule C (single-member) or Form 1065 and Schedule K-1 (multi-member)	Form 1120S and Schedule K-1

Some Other Business Structures

The following three business structures are less common among recent immigrants and entrepreneurs, but we’ll still cover their basic tax obligations.

What Are the Tax Requirements for Cooperatives?

Cooperatives, or co-ops are not common among immigrants-entrepreneurs because they’re typically formed for industries like farming or community-based grocery stores.

A co-op is a business owned and run by its members, who share both the profits and decision-making responsibilities. For taxes, a co-op can choose to be taxed as a corporation, partnership, or another type of business, depending on how it is structured.

Co-ops typically file an annual tax return. If a co-op is taxed as a corporation, it uses Form 1120-C to report its income, expenses, and how profits are distributed to members. If a co-op employs people, it must handle the payroll taxes mentioned above.

What Are the Tax Requirements for Subchapter C Corporations?

C-corporations may not be a common choice for most recent immigrants since they are subject to double taxation and are better suited for larger companies. But let’s go over the basics.

C-corps pay taxes on their profits using Form 1120, with a flat federal tax rate of 21% on their taxable income as of 2024. If the corporation distributes dividends to shareholders, those dividends are taxed again on individual returns. C-corps also pay payroll taxes if they have employees and must collect sales tax if they sell taxable goods or services.

What Are the Tax Requirements for Nonprofits?

Nonprofits are also not a common business structure among immigrant entrepreneurs. This is because nonprofits can be expensive to start and aren’t designed to build personal wealth. But we’ll go over the basics.

Nonprofit corporations can apply for tax-exempt status under IRS 501(c)(3). This status exempts them from paying income tax on profits related to their exempt purpose.

Nonprofits may be exempt from self-employment tax depending on the compensation of their officers and directors. Many states also exempt nonprofits from paying sales tax on purchases, although they may still need to collect sales tax when selling goods or services.

What are some other tax terms small business owners need to know?

There are still a few important tax terms we haven’t covered yet that every small business owner should know.

What Are Tax Deductions?

Tax deductions, often called “tax write-offs,” are expenses that small business owners can subtract from their taxable income, reducing the amount of income subject to taxation. For example, if your business earns $50,000 in a year and you have $10,000 in deductible expenses, you would only be taxed on $40,000. However, this doesn’t mean you’ll pay $10,000 less in taxes—it means your taxable income is lowered by $10,000, and the exact amount you save depends on your tax rate.

Common deductible expenses include home office costs, rent, vehicle and travel-related expenses. To qualify as a deduction, the expense must meet the IRS’s criteria of being both “ordinary and necessary.” Ordinary expenses are those commonly accepted within your industry, while necessary expenses are helpful and appropriate for your business operations.

Figuring out what counts as a tax deduction and what doesn’t can be tricky, so it’s a good idea to talk to a tax expert. Additionally, the IRS provides a detailed list of deductible business expenses to help clarify what is allowed.

What Are Tax Credits?

A business tax credit is a dollar-for-dollar reduction in the amount of taxes a business owes. Unlike deductions, which lower your taxable income, tax credits directly reduce the taxes you need to pay. For example, if your business owes $5,000 in taxes and you qualify for a $1,000 tax credit, your tax bill is reduced to $4,000.

Some common types of business tax credits include those for employer-provided childcare, using clean vehicles, hiring employees from specific groups (such as veterans or long-term unemployed workers), or implementing renewable energy. To qualify, you usually need to meet specific requirements set by the IRS or your state.

What Is an Information Return?

An information return is a tax document used to report certain types of income and transactions to the IRS without making a payment. For example, if you own a business, you’ll likely need to file information returns such as W-2 forms for employees and 1099 forms for independent contractors. These forms inform both the IRS and the recipients about the income earned during the year.

What is Social Security?

Social Security provides income to retirees, individuals with disabilities, and the surviving dependents of deceased workers, acting as a safety net for millions of Americans.

What is Medicare?

Medicare, makes affordable healthcare coverage available for people aged 65 and older, as well as certain younger people with disabilities.

Conclusion

Navigating U.S. tax laws as an immigrant and small business owner can feel overwhelming, but educating yourself can actually make the process less stressful.

From federal taxes to local requirements, knowing what applies to your business structure can help you avoid penalties and make the best financial decisions for your business. Whether you’re a sole proprietor, an LLC owner, or running a corporation, each structure comes with its own set of rules, and staying compliant might be difficult the first year or so. However, after you’ve done it a few times, it will become easier.

As you move forward, one of the smartest things you can do is stay organized with your tax records. In our next article we’ll take a closer look at methods and tools that small businesses can use to keep detailed tax records. We’ll provide practical tips for managing receipts, tracking expenses, and preparing for tax season with confidence.

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