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§00Classification · Glossary

U.S. Trade or Business

Also called USTB

The factual threshold determining whether a foreign person's activities create a taxable U.S. presence.

In full

A "U.S. trade or business" is the threshold used to decide whether a foreign person's activity creates income connected to the United States. The law does not define it precisely; case law and Treasury rulings establish that considerable, continuous, and regular activity within the U.S. — directly or through dependent agents — creates a USTB. Single transactions and passive investment generally do not.

Governed by: U.S. trade or business test.

This definition is general information about how the term is used in U.S. cross-border tax. It is not advice, and how it applies depends on your own facts and on the treaty, if any, in force with your country.