If you have significant bread in the states and want to trade on the US stock Market you might want to set up a single member LLC to guard against capital gains taxes in the states while you live overseas. That would limit your tax exposure here and possibly in the other country (consult a tax lawyer to avoid getting hemmed up
since most people earn money through property this explaination works best with someone selling a house but it could work for selling any investment instrument
When a single-member LLC sells a property, the capital gains tax treatment depends on the nature of the sale and the LLC's tax classification. If the LLC is classified as a disregarded entity by the IRS—meaning it does not elect to be taxed as a corporation—then the LLC's income and losses are reported directly on the owner's personal tax return. In this case, any capital gains from the sale of a property held for more than one year are treated as long-term capital gains and reported on Schedule D of the owner's individual tax return. The long-term capital gains tax rate for individuals depends on their taxable income and filing status, with common rates being 0%, 15%, or 20%. If the property was held for one year or less, the gain is considered a short-term capital gain and taxed at the owner's ordinary income tax rate.
The sale of a property by a single-member LLC is not subject to corporate-level taxation because the entity is disregarded for tax purposes. However, the IRS requires that the sale price be at an arm's length rate, meaning it must reflect what an independent third party would pay, to avoid potential legal or financial issues. Additionally, if the property was used for business purposes, depreciation recapture rules may apply, which could result in part of the gain being taxed at ordinary income rates.
It is important to note that while a single-member LLC can be used to hold real estate, the owner forfeits the capital gains exemption available on the sale of a primary residence—$250,000 for single filers and $500,000 for married couples filing jointly—when the property is held through a business entity. This exemption does not apply if the property is sold by an LLC, even if the owner later uses it as a personal residence.