Selling on Temu U.S.: fully managed, semi-managed or local seller, who pays tariffs, who files taxes, and how to set up the company (2026)
Temu's U.S. site works three ways: fully managed, semi-managed and the local seller program. Under fully managed, you hand goods to Temu in China and Temu sets the price, imports and sells. Under semi-managed and local selling, your inventory sits in a U.S. warehouse and you are the seller, so tariffs, state taxes, Form 1099-K and, for foreign-owned companies, Form 5472 are yours to handle. Choose the model first; it decides whether you need a U.S. company.
- 2025-05-02
- The $800 de minimis exemption ended for goods from mainland China and Hong Kong; the same day Temu said U.S. orders would be handled by local sellers shipping from inside the country. Fully managed direct shipping partly resumed in July 2025 (press reports)
- $800
- The old duty-free threshold: suspended for all countries since 2025-08-29, still suspended after the Supreme Court's 2026 tariff ruling; OBBBA repeals the statutory basis on 2027-07-01
- $20,000 and 200
- Federal threshold for a platform to issue Form 1099-K to a U.S. seller (restored by OBBBA); the 1099-K shows gross amounts and must be reconciled to Temu's settlement reports
- $25,000
- Starting penalty for each missed Form 5472, per year, for a U.S. corporation 25% or more foreign-owned or a foreign-owned single-member LLC
At a glance
- Three models, three tax pictures: under fully managed, a Chinese supplier delivers to Temu's warehouse in China and Temu sets the price and handles cross-border logistics and sales; under semi-managed, the seller prices and stocks a U.S. warehouse (or ships direct) while Temu runs the storefront; the local seller program (launched in the U.S. in March 2024) lets U.S. businesses and residents sell from U.S. inventory.
- Temu's terms spell it out: items marked as local warehouse products "will be sold by third-party merchandise partners," other items are sourced by Temu from partners, and title passes to the buyer on delivery to the domestic carrier inside the U.S. (Terms of Use, last updated 2026-11-01). That decides who the seller is and where the income is sourced.
- Once goods are in a U.S. warehouse, you are a U.S. seller: someone must be importer of record and pay duties, the inventory states may want returns, Temu collects sales tax from buyers at checkout, and U.S. sellers over the threshold get a 1099-K.
- The foreign-owned single-member LLC is where things go wrong: it's a disregarded entity, so the foreign owner generally gives the platform a W-8, not a W-9 under the LLC's EIN; it files pro forma 1120 + 5472 every year; U.S. inventory can create effectively connected income and a 1040-NR. Many sellers use a C corporation or elect corporate treatment on Form 8832.
- Fees and rules live in Seller Center: Temu publishes no general commission schedule and the numbers in industry articles conflict; deposits, penalties and payout timing are in the seller agreement and rules center. Read them before you sign, and take contract questions to an attorney.
How does Temu U.S. work now, and how do fully managed, semi-managed and local selling differ?
The difference comes down to three things: where the goods change hands, who sets the price, and who is the seller in the U.S. Fully managed means you hand goods to Temu in China and Temu prices and sells them. Semi-managed means you price and stock a U.S. warehouse or ship from China. Local selling means a U.S. business or resident sells from U.S. inventory. In the last two, you are the U.S. seller and the U.S. taxes and filings are yours.
Temu is run by subsidiaries of PDD Holdings. The U.S. site launched in September 2022, and its U.S. contracting entity is Whaleco Inc., a Delaware company. Seller sign-up is split by "where your business is registered or personal residence": sellers from mainland China and Hong Kong go to a separate Chinese seller portal (the fully and semi-managed back end), while U.S. businesses and residents use the U.S. Seller Center at seller.temu.com.
Description: Each row is one model, showing who can join, where goods are handed over, who sets the price, who ships and imports, who is the seller in the U.S., and the U.S. tax effect.
| Model | Who can join | Where goods change hands | Who prices | Logistics and import | U.S. seller | U.S. tax effect |
|---|---|---|---|---|---|---|
| Fully managed | Factories and trading companies in mainland China and Hong Kong, usually by invitation | In China, at Temu's designated warehouse | Temu reviews and approves the supply price | Temu handles cross-border shipping, customs and delivery | Terms: non-local items are sourced by Temu from partners and sold | Supplier usually needs no U.S. company; read the contract on title and importer |
| Semi-managed (warehouse-shipped or direct-shipped) | Chinese sellers with operating capacity, usually with a U.S. warehouse | U.S. warehouse (or direct from China to the buyer) | Seller quotes, with platform price review | Seller handles inbound freight, import and the U.S. warehouse; last mile per platform rules | Seller (local warehouse items "sold by third-party merchandise partners") | Importer of record, duties, inventory states, ECI, Form 5472 |
| U.S. local seller program | U.S. businesses (sole proprietorship, corporation, partnership) or U.S. resident individuals | Inside the U.S. | Per Seller Center rules, with platform price review and suggestions | Seller ships or uses a 3PL; Temu says it does not provide logistics directly | Seller | Like an Amazon merchant-fulfilled seller: income tax, state tax, 1099-K |
- "Fully managed" and "semi-managed" are the industry's names: Temu's English material refers to fully managed, semi-managed or local sellers. The Chinese trade splits semi-managed into "ships from an overseas warehouse" and "ships direct cross-border." Names and thresholds change often.
- Reports say Temu tightened new fully managed onboarding for the U.S. in 2026 and shifted resources to semi-managed. Temu has not announced this publicly; as of November 2026, rely on written notices from your Temu account manager.
- U.S. sellers selling into Canada: Temu's material says U.S. local sellers have been able to sell to Canada since December 2025. That brings Canadian import and GST/HST questions; whether Temu collects, check Temu's notices.
How did the 2025 tariff and de minimis changes reshape Temu?
A lot. Temu's engine used to be fully managed: Chinese factories supplied goods, and parcels shipped straight to U.S. buyers duty-free under the $800 de minimis rule. When de minimis ended for Chinese goods on May 2, 2025, Temu said that day that all U.S. sales would be handled by locally based sellers shipping from inside the U.S. U.S. warehouses and semi-managed selling became the focus. Direct shipping under fully managed partly resumed from July 2025, but every parcel now goes through customs and pays duty.
Description: Read from top to bottom; each row is an event and what it meant for sellers. Tariff policy changes quickly; check the latest CBP and USTR notices.
| When | What happened | Effect on sellers |
|---|---|---|
| September 2022 | Temu launches in the U.S., mainly fully managed | Chinese factories supply; parcels ship direct, mostly under de minimis |
| Early 2024 | Semi-managed launches; the local seller program launches in the U.S. in March 2024 | Sellers with U.S. warehouses can run their own listings |
| April 2025 | Tariffs on Chinese goods jump; Temu shows buyers "import charges" on direct-shipped items | Direct-shipped prices rise sharply |
| 2025-05-02 | De minimis ends for mainland China and Hong Kong; Temu says U.S. orders are now fulfilled by local sellers, and non-local items show as out of stock | Local warehouses and semi-managed become the core |
| July 2025 | Per the Financial Times (2025-08-26), fully managed direct shipping to the U.S. partly resumes | Direct parcels must clear customs and pay duty |
| 2025-08-29 | De minimis suspended for all countries | Parcels from anywhere pay duty |
| 2025-09-05 | The FTC announces a $2,000,000 civil penalty against Whaleco under the INFORM Consumers Act | Stricter seller verification and disclosure |
| December 2025 | U.S. local sellers can sell to Canada (Temu material) | A new market and another layer of cross-border compliance |
| 2026-02-20 | The Supreme Court holds IEEPA doesn't authorize tariffs; IEEPA duties stop; de minimis stays suspended | Importers of record can claim refunds of IEEPA duties paid |
| From 2026-07-24 | Section 301 forced-labor action adds 12.5% on Chinese-origin goods | Another layer of import cost |
| 2027-07-01 | OBBBA repeals the statutory basis for de minimis | De minimis is not coming back |
- What this means for you: a Chinese factory on fully managed used to have almost nothing to do in the U.S. If you now want traffic and pricing control, you will probably stock a U.S. warehouse, which makes you a U.S. importer and seller with a U.S. entity, books and returns.
- Tariff layers: as of November 2026, Section 301 tariffs on Chinese-origin goods remain (25% or 7.5% for most lists), with the 12.5% forced-labor action stacked on since 2026-07-24. See Figure 3 of yclcpa.com/aigo for the full layers and yclcpa.com/fba for putting duties into inventory cost.
- Who can claim IEEPA refunds: only the importer of record or its broker. If a forwarder was importer under DDP terms, the refund belongs to the forwarder unless your contract says otherwise.
Who can join, and what documents do you need?
Local sellers need a U.S. presence: a registered business needs an EIN, with the business name and EIN matching the IRS confirmation letter (CP 575), plus a registered business address, the representative's ID and a U.S. bank account; U.S. resident individuals can also sell in their own name. Chinese sellers sign up through the Chinese seller portal with a Chinese business license and representative documents. Review usually takes about one business day.
- Entity types for local sellers: sign-up offers sole proprietorship, corporation, partnership or individual. According to Temu's material, a business enters the name and EIN exactly as on its CP 575 and a registered business address, and the representative verifies identity through Jumio by uploading a valid government ID.
- Keep the EIN letter: if you've lost the CP 575, call the IRS business line for a 147C. If the name or address on it doesn't match your formation documents, file Form 8822-B first. Name, address, EIN and bank account holder should match everywhere.
- INFORM Consumers Act: for a "high-volume third-party seller" (200 or more sales and $5,000 or more in a 12-month period), the platform must collect and verify your bank account, contact details and tax ID; sellers with $20,000 or more in annual sales have their name and address disclosed to buyers. On 2025-09-05 the FTC and DOJ announced a $2,000,000 penalty against Whaleco under this law, so verification will only get stricter.
- Chinese sellers: fully and semi-managed onboarding usually asks for a Chinese business license, the legal representative's ID and a receiving account; store deposits and category qualifications follow Temu's onboarding rules. Check the contract for which Temu entity you sign with and who pays you.
- Chinese-owned U.S. companies: a company registered in the U.S. can apply as a U.S. business if it has the EIN letter, a U.S. address and a U.S. bank account. If it's foreign-owned, its Form 5472 filings need to be current, and the platform, bank and IRS records need to match.
- Product compliance: children's product certificates (CPC), CPSC certificates for regulated consumer products (filed electronically at import since 2026-07-08), FCC authorization for wireless devices, FDA registration and listing for cosmetics, and California Prop 65 warnings are for testing labs and attorneys.
Fees, commission, pricing and payouts: how does Temu get paid?
Temu does not publish a general commission schedule. Under fully managed, you quote a supply price, Temu approves it and sets the retail price, and the difference is Temu's revenue. Semi-managed and local sellers settle under the back-end rules, and the commission figures circulating in industry articles (for example 6% to 15% by category) contradict each other. Before you sign, confirm the fee, deposit, penalty and payout rules in writing.
- The fully managed "supply price": you quote; Temu reviews (the trade calls it price approval) and only approved items go live. Promotions often require price cuts. You are paid the supply price, not the retail price.
- Semi-managed and local sellers: you have more say over price, but the platform reviews prices, suggests lower ones and sets campaign requirements; listings priced above comparable items get less exposure. Work out the retail price, your payout and the platform's charges line by line from the settlement report.
- Shipping and returns: Temu promotes free shipping to buyers, so build last-mile cost into your price. Temu's buyer policy lets most items be returned within 90 days of purchase, with the first return on each order shipped free (Return and Refund Policy, 2026-09-17 version). Who bears that cost depends on your seller agreement.
- Deposits and penalties: the Chinese back end requires store deposits, and late shipment, stockouts, quality issues and fake tracking can trigger deductions or fines. In July 2024 suppliers protested fines and withheld payments at Temu's Guangzhou office (press reports). Penalty rules are in the rules center; disputes follow the agreement, and contract disputes are for an attorney.
- Payouts: U.S. local sellers are paid to a U.S. bank account; Chinese sellers settle on the cycle and currency in their agreement. Payout timing, holds and reserves are set by the agreement.
Fully managed: who is the seller, who is the importer, and does the supplier owe U.S. tax?
Under fully managed, the supplier hands goods to Temu in China, and Temu handles export, import and the sale to U.S. buyers. Temu's U.S. terms say non-local items are sourced by Temu from third-party partners, and that for certain items the buyer may act as importer of record, with a broker Temu appoints paying duties and taxes. A supplier with no U.S. inventory, no U.S. staff and no delivery in the U.S. generally needs no U.S. company and files no U.S. income tax return, but the contract wording can change that.
Description: Each row is an obligation, showing the fully managed supplier and the semi-managed or local seller. The fully managed column depends on your supply contract.
| Obligation | Fully managed supplier | Semi-managed / local seller |
|---|---|---|
| Seller in the U.S. | Generally not (terms: Temu sources and sells) | Yes (terms: local warehouse items sold by third-party partners) |
| Importer of record and duties | Generally arranged by Temu; for some direct parcels the buyer is importer and a broker pays | You or your forwarder or broker; the forwarder under DDP |
| U.S. sales tax | Temu collects from buyers | Temu collects at checkout (marketplace facilitator laws); you handle off-platform sales |
| State income or franchise tax | Generally none | Possible in inventory states |
| Form 1099-K | Generally not relevant (foreign supplier) | U.S. sellers over $20,000 and 200 transactions |
| U.S. federal income tax | Generally no U.S.-source business income | U.S. company files 1120; a foreign-owned LLC may have ECI |
| Form 5472 | Not relevant without a U.S. company | Every year for 25%+ foreign-owned corporations and foreign-owned single-member LLCs |
- Three clauses to check: whether you "sell to Temu" or consign goods for Temu to sell; where title and risk pass; and who is the U.S. importer. If title passes to Temu in China, your income is generally an export sale made in China. If title passes only when the goods reach the U.S. buyer, or you are asked to ship in bulk to a U.S. warehouse as importer, analyze it as a U.S. seller.
- Fully managed goods can end up in the U.S. too: reports say Temu opened U.S. forward warehouses in 2025 and moved some fully managed stock there based on demand data. Who is importer and who owns the stock follows your notice and the entry documents.
- Chinese taxes: VAT, export rebates and enterprise income tax in China follow Chinese rules and are for your Chinese accountant; this guide doesn't cover them.
- If the platform asks for a W-8BEN-E: a foreign company paid by a U.S. payer may be asked for a W-8BEN-E to document non-U.S. status. See yclcpa.com/w8ben.
Semi-managed and local selling: what changes once inventory is in the U.S.?
Once goods are in a U.S. warehouse, you are a merchant selling in the U.S.: someone must be importer of record and pay duties; the states where inventory sits give you physical presence; Temu collects sales tax from buyers at checkout, but state income and franchise taxes are yours; and U.S. sellers over the threshold get a 1099-K. Your U.S. entity files federal and state returns every year, and a foreign-owned company also files Form 5472.
- Importer of record (IOR): if your U.S. company is importer, it registers with CBP, and formal entries (generally over $2,500) need a customs bond. Under DDP the forwarder is importer, and the duties, entry liability and refund claims are in its name. Declared value is generally the transaction value.
- Duties go into inventory cost: purchase price, inbound freight, duties, brokerage and delivery to the warehouse are inventory cost, deducted as cost of goods sold when items sell, not all in the year you pay the duty. When you buy from a related Chinese factory, the tax cost of the inventory generally can't exceed the customs value (Section 1059A).
- Inventory states: whether you use your own warehouse, a 3PL or a Temu partner warehouse, inventory in a state gives you physical presence there, which can mean sales tax registration, income tax or franchise tax. P.L. 86-272 generally does not protect sellers who store inventory in a state, and it doesn't apply to gross-receipts taxes like the Texas franchise tax or Washington B&O (see yclcpa.com/fba).
- Sales tax: Temu's terms say it collects sales tax from buyers at checkout, and state marketplace facilitator laws generally make the platform collect and remit on platform orders. Off-platform sales (your own site, wholesale, in person) are yours, and some inventory states still want the seller registered. North Carolina rules: yclcpa.com/salestax; your own site: yclcpa.com/stripetax.
- Form 1099-K: a U.S. seller paid more than $20,000 in more than 200 transactions in a year gets a 1099-K. It shows gross amounts, including shipping and amounts before refunds; your actual payout is net of platform charges and fines, so reconcile line by line from the settlement report (see yclcpa.com/1099k). If the name and TIN don't match, the platform must backup-withhold 24%.
- Source of income and ECI: Temu's terms say title passes to the buyer on delivery to the domestic carrier inside the U.S. A foreign person selling through a U.S. warehouse is generally earning U.S.-source business income, and it is quite likely to be effectively connected income (ECI). The permanent establishment article of the U.S.–China treaty may change the answer, so this is case by case, and a treaty position is disclosed on Form 8833 with the return.
A foreign-owned single-member LLC on Temu: W-9 or W-8, and should it elect C-corp treatment?
An LLC owned by one foreign person that hasn't elected corporate treatment is disregarded for U.S. tax: the foreign owner generally gives the platform a W-8 (usually W-8ECI if there's U.S. business income), not a W-9 under the LLC's EIN; the LLC files pro forma 1120 + 5472 every year; and with U.S. inventory and business income, the owner also files a 1040-NR. If the LLC elects corporate treatment on Form 8832, it files Form 1120 and pays 21% federal tax.
- W-9 or W-8: the W-9 instructions say a disregarded entity with a foreign owner should give a W-8, even if the LLC has its own EIN. If the platform only offers a W-9 or asks for the LLC's EIN, ask the platform and follow your CPA's advice rather than filling in whatever fits (see yclcpa.com/w8ben).
- Pro forma 1120 + 5472: a foreign-owned single-member LLC with any transaction with its owner (capital, expenses paid, loans) files by April 15 each year, by fax or mail, not e-file. Each missed form starts at $25,000 (see yclcpa.com/5472).
- Electing corporate treatment on Form 8832: the LLC then files Form 1120 at the 21% federal rate, with Form 5472 attached if 25% or more foreign-owned; profits stay in the company and the owner doesn't file a 1040-NR for the LLC's business income. The election can be retroactive up to 75 days. Under Treas. Reg. §301.7701-3(c)(1)(iv), after an election that changes classification, you generally can't change again for 60 months (an election effective on the date the entity is formed doesn't count).
- Dividends: when a C corporation pays a foreign shareholder, dividends generally bear 30% withholding, reduced to 10% for a Chinese tax resident under the U.S.–China treaty with a W-8BEN or W-8BEN-E.
- No S corporation: foreign individuals and foreign companies can't be S corporation shareholders.
- Full analysis: W-9 vs W-8, the pros and cons of an 8832 election and the 60-month lock are covered at yclcpa.com/walmart; the C corporation election is at yclcpa.com/ccorp.
Which entity should sell on Temu?
It depends on who you are, where the goods change hands and what other platforms you sell on. A Chinese factory doing only fully managed generally needs no U.S. company. A U.S. resident can start in their own name or with a single-member LLC. A foreign owner doing semi-managed or local selling usually uses a C corporation or an LLC that has elected corporate treatment. A Chinese factory with a U.S. subsidiary needs its related-party pricing in order.
Description: Each row is a type of seller, showing the usual entity, the tax form given to the platform, the annual federal filings and what to watch. The right choice depends on your facts.
| Who you are | Usual entity | Platform tax form | Annual federal filings | Watch for |
|---|---|---|---|---|
| U.S. resident (citizen, green card holder, resident alien) as a local seller | Sole proprietorship or single-member LLC; consider an S corporation as profit grows | W-9 (SSN or EIN) | Schedule C and self-employment tax; Form 1120-S for an S corporation | 1099-K reconciliation; state tax in inventory states |
| One foreign individual, goods in a U.S. warehouse | Disregarded single-member LLC, an LLC electing corporate treatment on Form 8832, or a C corporation | Disregarded: the owner's W-8 (usually W-8ECI); elected or C corp: W-9 | Disregarded: pro forma 1120 + 5472 and the owner's 1040-NR; corporation: 1120 + 5472 | ECI risk; the 60-month lock; dividend withholding |
| Chinese company on fully managed | No U.S. entity needed | W-8BEN-E if the platform asks | Generally none | Title transfer and importer terms in the contract |
| Chinese company + U.S. subsidiary, semi-managed or local | U.S. C corporation (subsidiary) | W-9 (subsidiary's EIN) | 1120 + 5472; BE-13 within 45 days | Related-party pricing (§482), §1059A, matching customs values |
| Multi-platform seller (Temu + Amazon + Walmart + own site) | One U.S. company, books split by channel | Same name and EIN on every platform | As above | Reconcile each platform's 1099-K; look at inventory states together |
- State of formation: Wyoming ($100 to form, annual report from $60) and Delaware are common. Inventory in California that meets California's "doing business" thresholds means the $800 minimum franchise tax; inventory in Texas means a Texas franchise tax report, with a $2,650,000 no-tax-due threshold for 2026 and 2027 reports and an information report due even below it. State comparison: yclcpa.com/llc; entity types in general: yclcpa.com/entity.
- BE-13 and BOI: a foreign person forming a U.S. company and holding 10% or more of the voting interest files BE-13 with the Bureau of Economic Analysis within 45 days. Companies formed in the U.S. no longer file BOI reports (see yclcpa.com/boi).
- ITIN: a foreign owner filing a 1040-NR for LLC business income without an SSN applies for an ITIN, usually with the return (see yclcpa.com/itin).
Chinese factory + U.S. company: how should related-party prices be set?
When the U.S. subsidiary buys from its Chinese parent or a related factory, the price must be arm's length (Section 482), and the customs value, transfer pricing and book inventory cost need to line up; the tax cost of inventory generally can't exceed the customs value (Section 1059A); and a U.S. company 25% or more foreign-owned reports its related-party transactions on Form 5472 every year.
- Price too high: the U.S. company runs persistent losses while profit stays in China, and the IRS can adjust under Section 482. Price too low: the customs value is understated, which is a customs risk.
- Document it: support the price with a margin or comparable-price analysis, and keep purchase contracts, invoices, entry documents and payment records matched.
- Form 5472 amounts: purchases, loans, expenses paid on the company's behalf and service fees all go on it; each missed form starts at $25,000.
- Full approach: see yclcpa.com/subsidiary.
How does Temu compare with Amazon, Walmart, Wayfair, Etsy and TikTok Shop?
The biggest difference is who is the seller and who sets the price. On Amazon, Walmart, Etsy and TikTok Shop local stores, you are the seller and set the price; the platform collects sales tax and issues 1099-Ks to U.S. sellers. On Wayfair you sell wholesale to Wayfair. Temu fully managed is closer to selling wholesale to the platform; semi-managed and local selling put you back in the seller's seat, but Temu influences price more than the other platforms do.
Description: Each row is a platform or model, showing the U.S. seller, main fees, fulfillment, who can join, sales tax, 1099-K and payouts.
| Platform / model | U.S. seller | Main fees | Fulfillment | Who can join | Sales tax | 1099-K | Payout |
|---|---|---|---|---|---|---|---|
| Temu fully managed | Temu (terms: sources and sells) | Not published; Temu approves the supply price and keeps the spread | Deliver to Temu's warehouse in China; Temu ships cross-border | Mainland China and Hong Kong businesses, by invitation | Temu collects from buyers | Generally not relevant for foreign suppliers | Per contract cycle |
| Temu semi-managed / local | Seller | No published general schedule; deposits and penalty rules | Ship from a U.S. warehouse or 3PL | Semi: Chinese businesses; local: U.S. businesses and residents | Temu collects at checkout | U.S. sellers over the threshold | Per back-end rules |
| Amazon | Seller | Professional plan $39.99/month, referral fees mostly 8%–15%, plus FBA fees | FBA or merchant-fulfilled | U.S. and international sellers (including China) | Amazon collects | Yes | Generally 14-day settlement periods |
| Walmart | Seller | No monthly fee; referral fees about 6%–15% by category | WFS or merchant-fulfilled | Application-based; mainly U.S. sellers, some international | Walmart collects | Yes | Per the seller agreement's settlement cycle |
| Wayfair | Wayfair (you are the supplier) | Wholesale price under the supply agreement | Drop ship or CastleGate warehouses | Supplier approval | Wayfair collects from buyers | Wholesale payments; check with Wayfair | Per contract terms |
| Etsy | Seller | $0.20 listing fee, 6.5% transaction fee, U.S. payment processing 3% + $0.25 | Seller ships | Handmade, vintage and craft supply sellers | Etsy collects | Yes | Per Etsy Payments settings |
| TikTok Shop | Seller (except managed models) | About 6% referral fee in most categories (May 2026 schedule) | Platform logistics or approved warehouses | Local stores; cross-border stores by invitation | Platform collects | Yes | Per Seller Center rules |
- Temu's strengths: huge traffic and strong conversion on low-priced goods; fully managed is easy for Chinese factories, with no U.S. operations or taxes to run.
- Temu's weaknesses: little pricing power, many promotion and penalty rules, thin margins; semi-managed and local sellers carry U.S. import, warehousing and tax themselves.
- Selling on several platforms: one U.S. company selling on several platforms reconciles each 1099-K separately and looks at inventory states together. For the full Walmart analysis see yclcpa.com/walmart; Amazon yclcpa.com/amazon and yclcpa.com/fba; TikTok yclcpa.com/tiktok; Wayfair yclcpa.com/wayfair; Etsy yclcpa.com/etsy; your own store yclcpa.com/shopify.
Bookkeeping: how do you record Temu settlements, penalties and returns?
Download settlement and order reports from the back end every month and record gross sales, platform charges, penalties and deductions, returns and refunds, and shipping separately. Track inventory and cost of goods sold by unit, with duties and inbound freight in inventory cost. A fully managed supplier recognizes revenue at the supply price and records penalties and return deductions separately.
- Record revenue gross: Temu pays you net of charges. Record gross revenue and list each charge so the 1099-K reconciles.
- Penalties and deductions: platform fines are business expenses; fines paid to a government for violating the law are not deductible. A platform fine is not a government fine, so record what it was for.
- Returns: refunds reduce revenue; resellable returns go back into inventory, and write-offs need records.
- Samples, ads and promotional subsidies: record them separately; whether a promotion is your price cut or a platform subsidy changes the entry.
- Inventory counts: at year-end you need quantities and values by warehouse, tied to the 3PL's inventory reports. Small businesses with average gross receipts of $32,000,000 or less can use simplified inventory methods (see yclcpa.com/fba).
What should you prepare before onboarding? A checklist
Pick the model and the entity first, then align your documents, settle import and warehousing, and finally set up your books and filing calendar. Work through this list in order.
Description: Read from top to bottom; each row is a step before onboarding and why it matters.
| Step | What to do | Why |
|---|---|---|
| 1 | Pick the model: fully managed, semi-managed or local seller | Decides whether you need a U.S. company and whether you are importer |
| 2 | Pick the entity: individual, LLC, LLC electing corporate treatment, or C corporation | Decides W-9 vs W-8 and what you file each year |
| 3 | Get the EIN letter (CP 575 or 147C) and align the name, address and bank account holder | Onboarding is checked against the CP 575 |
| 4 | Decide whether the platform gets a W-9 or a W-8 | A wrong form brings 24% backup withholding or document requests |
| 5 | Choose the importer, broker and customs bond; agree customs values with the factory | Duties, refund claims, §1059A |
| 6 | Choose warehouses: your own, a 3PL or a platform partner, and in which states | Sales, income and franchise tax in inventory states |
| 7 | Product compliance and trademarks | Handled by testing labs and attorneys, to avoid delistings and detained shipments |
| 8 | Run the numbers: supply or retail price, duties, freight, returns, penalties | Temu's price pressure is real; check that you can make money first |
| 9 | Set up books: settlement reports, inventory and duty documents monthly | 1099-K reconciliation and year-end returns |
| 10 | Build the annual calendar: BE-13, 1099s, state annual reports, April 15 federal filings | A missed Form 5472 starts at $25,000 per form |
An example: a Chinese factory moves from fully managed to semi-managed with a U.S. company
Example (hypothetical numbers, to show the method): Factory A in Shenzhen has sold on Temu fully managed for two years. In 2026 it wants to move some best sellers into a U.S. warehouse under semi-managed. The owner is a Chinese tax resident with no U.S. status. We compared two structures.
| Item | Option A: owner's Wyoming single-member LLC | Option B: Delaware C corporation (owned by Factory A or the owner) |
|---|---|---|
| Platform tax form | Owner gives a W-8 (usually W-8ECI) and needs an ITIN | Company gives a W-9 with its EIN |
| Annual federal filings | Pro forma 1120 + 5472; owner files 1040-NR at individual graduated rates | 1120 + 5472, 21% federal tax |
| Retained profit | Profit flows straight to the owner | Stays in the company; dividends bear 10% withholding (treaty) |
| Fits | Small volume, testing | Larger volume, long term, several platforms |
Option B's first year:
- Buys 10,000 units from Factory A at a customs value of $6 each, $60,000; duties at an assumed 37.5% rate, $22,500; inbound freight and brokerage $6,000. Inventory cost per unit = ($60,000 + $22,500 + $6,000) ÷ 10,000 = $8.85.
- Sells 9,000 units; Temu's settled payout (after platform charges) is $162,000; cost of goods sold is 9,000 × $8.85 = $79,650.
- U.S. warehousing and last-mile shipping at $5 a unit, $45,000; return losses and platform penalties $4,000; ads $6,000; bookkeeping, registered agent and other costs $8,000.
- Pre-tax profit = $162,000 − $79,650 − $45,000 − $4,000 − $6,000 − $8,000 = $19,350; federal corporate tax at 21% = $4,063.50.
- If the warehouse is in California and California's "doing business" thresholds are met, add the $800 minimum franchise tax and a California return. The 1,000 units left at year-end, $8,850, stay in inventory and aren't deductible this year.
Now the related-party side: if Factory A charges $12 a unit, the U.S. company's profit nearly disappears and the IRS can adjust under Section 482. If the entry declares $4 but the books carry $6, Section 1059A generally stops the U.S. company from deducting cost above the customs value. The customs value, contract price and book cost need to match.
Temu seller tax and compliance at a glance
| Item | Who / form | Number / rule | Notes | Applies |
|---|---|---|---|---|
| China de minimis ends | Goods from mainland China and Hong Kong | 2025-05-02 | Same day, Temu says U.S. orders move to local sellers | From 2025 |
| De minimis suspended | All countries | $800 suspended | Since 2025-08-29; statute repealed 2027-07-01 | 2025–2027 |
| Section 301 tariffs | Chinese-origin goods | 25% / 7.5%; +12.5% | Forced-labor action 12.5% stacked from 2026-07-24 | As of 2026-11 |
| Temu Terms of Use | Whaleco Inc. | 2026-11-01 version | Local warehouse items sold by third-party partners; title passes on delivery to the domestic carrier in the U.S. | Current |
| Buyer returns | Temu return policy | 90 days | First return on each order ships free (2026-09-17 version) | Current |
| INFORM Consumers Act | High-volume third-party sellers | 200 sales and $5,000 | Platform verifies bank, TIN and contact details; disclosure to buyers at $20,000 | Since 2023-06-27 |
| Form 1099-K | Platform to U.S. sellers | $20,000 and 200 | Federal threshold restored by OBBBA; gross amounts, reconcile | Current |
| Backup withholding | Missing W-9 or name/TIN mismatch | 24% | Withheld from payouts | Current |
| Form 5472 | 25%+ foreign-owned corporations; foreign-owned single-member LLCs | $25,000 | Starting penalty per form per year | Current |
| Form 8832 | LLC electing corporate treatment | 60 months | Generally no further change for 60 months after a change; up to 75 days retroactive | Current |
| Federal corporate tax | C corporations and electing LLCs | 21% | Form 5472 with the 1120 if 25%+ foreign-owned | Current |
| Dividend withholding | Paid to Chinese tax resident shareholders | 30% / 10% treaty | Treaty rate with W-8BEN or W-8BEN-E | Current |
| Texas franchise tax | Inventory in Texas | $2,650,000 | No-tax-due threshold; information report still due | 2026–2027 reports |
| California minimum franchise tax | Corporations and LLCs doing business in California | $800 | Annual minimum | Current |
Pitfalls and common mistakes
Myth: on fully managed, U.S. taxes will never be my problem
True when you hand goods over in China and hold no U.S. inventory. But once you're asked to stock a U.S. warehouse as importer, or you move to semi-managed or a local store, you are a U.S. importer and seller, and the entity, duties, state taxes and filings have to follow.
Myth: my foreign-owned LLC has an EIN, so it fills in a W-9
For a disregarded entity owned by one foreign person, the W-9 instructions call for the owner's W-8. A casual W-9 leaves the platform, the IRS and your returns out of step. To use a W-9, elect corporate treatment on Form 8832 or use a C corporation.
Myth: Temu collects sales tax, so state taxes have nothing to do with me
The platform collects only on platform orders. Income and franchise taxes in inventory states, gross-receipts taxes, and sales tax on your own site and wholesale are not Temu's job.
Myth: the forwarder ships DDP, so duties and imports aren't my concern
Under DDP the forwarder is importer; duty documents, customs values and refund claims are in its name. Your inventory cost needs those documents, and related-party purchases are capped by Section 1059A.
Which situation are you in?
Start with how you sell now and whether you have a U.S. entity, then look at where you want to go. Here are the common cases.
- Case A: a Chinese factory on fully managed only. Generally no U.S. company needed. Read the supply contract on title transfer, importer and penalties; give a W-8BEN-E if asked. Chinese taxes are for your Chinese accountant.
- Case B: moving from fully managed to semi-managed or a local store. Choose the entity first (usually a C corporation), then the importer and U.S. warehouse; plan purchase prices, customs values and transfer pricing with the factory; file BE-13 within 45 days.
- Case C: already selling through a foreign-owned single-member LLC. Check whether pro forma 1120 + 5472 and the 1040-NR were filed in past years, whether the platform has a W-9 or a W-8, and whether a Form 8832 election makes sense. File missed years first, with a reasonable-cause statement.
- Case D: a U.S. resident or U.S. company as a local seller. Give a W-9; report on Schedule C or the company return; reconcile the 1099-K to settlement reports; look at state taxes wherever inventory sits.
- Case E: selling on Amazon, Walmart, TikTok and Temu at once. Run it through one U.S. company with books split by channel; keep the name, EIN and address consistent across platforms; assess inventory states together.
Settle the entity and taxes before you onboard; fixing them afterward costs more
Temu's three models look very different from the U.S. tax side: fully managed rarely touches U.S. tax, but the moment goods enter a U.S. warehouse you face importer status, state taxes, the 1099-K and Form 5472. We've done U.S.–China cross-border tax work for 10 years and have prepared returns for e-commerce sellers for many years, so we can read platform settlement reports, entry documents and forwarder invoices. Your team runs the store, product selection and ads; attorneys handle product compliance, trademarks and contracts; we handle the U.S. company and its taxes.
What we can take on: pre-onboarding review: which model and entity, and whether the platform gets a W-9 or a W-8; Form 8832 analysis: whether the LLC should elect corporate treatment, the 60-month lock and dividend withholding; company formation and EIN: LLCs and corporations in Wyoming, Delaware and other states, registered agent, EIN and 147C letters; annual filings: pro forma 1120 + 5472, 1120 + 5472, 1040-NR, state returns, BE-13; related-party pricing: purchase prices, customs values and transfer pricing support between the Chinese factory and the U.S. company; sales tax: nexus review, registration and filing in inventory states; 1099-K reconciliation and bookkeeping: monthly books from Temu settlement reports, inventory and duty documents; ITIN: applications through our CAA, with passports verified by us.
- Big Four background, 15+ years of U.S. tax experience, 10 years in U.S.–China cross-border work, CPA / EA / CAA credentials
- We have prepared returns for e-commerce sellers for many years
- IRS Certifying Acceptance Agent (CAA): we verify passports for ITIN applications, so originals don't go to the IRS
- For complex cases (several platforms, owners in several countries, related-party transactions), book a paid consultation at yclcpa.com/advisory and settle the plan in one session
How it works
- 1
Free assessment
a 15-minute free call (yclcpa.com/book) to look at how you sell, your entity, how goods enter the U.S. and your past filings.
- 2
A written plan
using Figures 4 and 6, we list the recommended entity, the platform tax form, import and warehouse arrangements, missing filings and deadlines.
- 3
Set-up
company formation, EIN, Form 8832, ITIN and any late returns, with documents aligned before you onboard.
- 4
Every year after
monthly books, sales tax, 1099-K reconciliation and annual returns; letters from the IRS and states go to the same team.
FAQ
What is the biggest tax difference between Temu fully managed and semi-managed?
Under fully managed, a Chinese supplier hands goods to Temu in China, and Temu imports them and sells to U.S. buyers, so the supplier generally needs no U.S. company and files no U.S. income tax return (subject to the supply contract). Under semi-managed and local selling, inventory sits in a U.S. warehouse and you are the seller: you need an importer of record and pay duties, inventory states may tax you, U.S. sellers over the threshold get a 1099-K, and foreign-owned companies file Form 5472 every year.
Can a Chinese national join Temu's U.S. local seller program?
The local seller program is for businesses registered in the U.S. and U.S. residents. A Chinese national can apply through a U.S.-registered company with a name and EIN matching its IRS CP 575 letter, a registered business address, the representative's ID and a U.S. bank account. Sellers with only a Chinese company go through the Chinese seller portal for fully or semi-managed selling. Temu's Seller Center requirements control.
After the $800 de minimis exemption ended, who pays tariffs on Temu goods?
The importer of record pays. For semi-managed and local sellers stocking U.S. warehouses, that's usually your U.S. company or your forwarder (the forwarder under DDP terms). Under fully managed, Temu arranges import, and for some direct parcels Temu's terms make the buyer the importer with a broker paying on the buyer's behalf. De minimis ended for Chinese goods on 2025-05-02 and has been suspended for all countries since 2025-08-29.
Should a foreign-owned U.S. LLC selling on Temu give the platform a W-9 or a W-8?
An LLC owned by one foreign person that hasn't elected corporate treatment is a disregarded entity, and under the W-9 instructions the owner should give a W-8 (usually W-8ECI if there is U.S. business income), not a W-9 under the LLC's EIN. An LLC that elects corporate treatment on Form 8832, or a C corporation, gives a W-9 with its own EIN. Either way Form 5472 is due every year, and each missed form starts at $25,000.
Can YCL help plan the company and taxes before I start selling on Temu?
Yes. YCL CPA (yclcpa.com) helps with entity choice and the W-9 or W-8 question before onboarding, Form 8832 analysis, company formation and EIN, pro forma 1120 + 5472 or Form 1120, related-party pricing between a Chinese factory and a U.S. company, sales tax nexus and registration, 1099-K reconciliation, bookkeeping, and ITIN applications through our CAA. Complex cases can book a paid consultation at yclcpa.com/advisory. Platform rules, product compliance and contracts are for your team and attorneys, and results depend on the facts, the platform and the agencies. Start with a 15-minute free call at yclcpa.com/book, or WeChat YCLUSA.
Related guides
- Business & Self-EmployedWhat taxes do Amazon FBA sellers owe? Inventory states, sales tax, franchise tax, inventory costs and tariffs
- Cross-BorderOpening a TikTok Shop U.S. store: store types, onboarding documents, company setup and tax compliance (2026)
- Cross-BorderDoes a foreign-owned U.S. LLC file Form 5472? How to prepare and send the pro forma 1120, and what happens if you don't
Sources
- Temu Seller Center (seller.temu.com): sellers choose the country where the business is registered or they reside, with a separate route for mainland China and Hong Kong; "Temu does not provide logistics services directly"; review normally within one business day (accessed 2026-11)
- Temu Terms of Use (last updated 2026-11-01): Whaleco Inc., a Delaware company; local warehouse products sold by third-party merchandise partners; title passes on delivery to the domestic carrier in the U.S.; buyers may act as importer of record
- Temu Return and Refund Policy (2026-09-17 version)
- Temu spokesperson statement (2025-05-02, reported by CNBC and others); Financial Times report on resumed fully managed direct shipping (2025-08-26); Temu local seller program overview (Digital Commerce 360 sponsored content, 2026-04-30)
- FTC press release: Temu to pay $2 million civil penalty under the INFORM Consumers Act (2025-09-05); 15 U.S.C. §45f
- Executive Order 14256 (China de minimis ended, effective 2025-05-02); Executive Order 14324 (all countries suspended, effective 2025-08-29); Public Law 119-21 (OBBBA, signed 2025-07-04); U.S. Supreme Court, Learning Resources, Inc. v. Trump (2026-02-20); USTR Section 301 actions; CBP de minimis guidance
- IRS: Instructions for Form W-9 (Rev. March 2024); Instructions for Form 1099-K; Publication 1281; Instructions for Form 5472 (Rev. December 2024); Instructions for Form 8832; Treas. Reg. §301.7701-3; Instructions for Form 1040-NR; Form 8833
- Internal Revenue Code §§482, 864, 865 and 1059A; U.S.–China income tax treaty (permanent establishment and dividends articles)
- Texas Comptroller: 2026–2027 franchise tax no-tax-due threshold $2,650,000; California FTB: $800 minimum franchise tax; BEA: BE-13 (from 2025-10-03)
- Public fee and seller pages of Amazon Seller Central, Walmart Marketplace, Etsy, TikTok Shop and Wayfair (accessed 2026-11)
Thinking about Temu but unsure which model fits, or whether you need a U.S. company?
In a 15-minute free call, a CPA looks at how you sell, your entity and how your goods enter the U.S., then lists what to prepare before onboarding and what you'll file every year. No charge, no sales pitch.
