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Situation: I live in Nepal and am a USA citizen. Partner lives in Romania and is a Romanian citizen. We want to start a LLC where we will share equity and get paid by this LLC. The LLC will be registered in Delaware. We will file a 1065 partnership form with the IRS and K1. The LLC will be a SaaS with no physical USA office. I will work at my home office in Nepal and partner in Romania. We have no USA employee. However our SaaS clients will probably be around 50% from the USA. Work is not performed in the USA.

Questions:

Does my partner need to file a 1040NR tax form?

If he does have to file one to avoid this tax for the Romania partner, is it legal to get paid from the LLC by both of us being contractors charging our respective companies instead and paying ourselves directly, and the LLC shows a net profit of $0?

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