Form 5472 · foreign-owned US LLCForm 5472 for a foreign-owned US LLC: who must file, when and how
If you are not a US person and you own a single-member US LLC, the IRS treats the LLC as a corporation for this one purpose: every year in which money moves between you and the LLC, it must file Form 5472 attached to a pro forma Form 1120 – even with no income and no US tax to pay.
Do I need to file Form 5472? Free checker
Five questions, no sign-up. The result lists every tax year with its deadline.
What counts as a reportable transaction
Almost any money between you (or a related company) and the LLC: putting money in, taking money out, loans, paying the LLC’s expenses from your own account, and paying the formation or registered-agent fees. That is why nearly every foreign-owned LLC must file at least for its first year.
Deadline
The 15th day of the 4th month after the tax year ends – April 15 for a calendar-year LLC (the next business day if it falls on a weekend or holiday). Form 7004 extends it by 6 months, to October 15.
How to file
This return cannot be e-filed. Write “Foreign-owned U.S. DE” across the top of the pro forma Form 1120, attach Form 5472, and fax it to the IRS at 855-887-7737 or mail it to Internal Revenue Service, 1973 Rulon White Blvd., M/S 6112, Attn: PIN Unit, Ogden, UT 84201. The LLC needs an EIN; the owner’s foreign tax ID goes on Form 5472.
Penalty
$25,000 for each form not filed or filed incomplete, for each year. If the IRS sends a notice and the form is still missing 90 days later, another $25,000 for each 30 days. Penalties are usually assessed automatically; a reasonable cause statement explains what happened but does not guarantee relief.
How to fill in Form 5472, step by step
Questions about Form 5472
Do I need to file Form 5472 if my LLC had no income?
Yes, if money moved between you and the LLC that year – for example you paid the formation fee or deposited money. Income is not the test; the reportable transaction is.
What happens if I have an LLC and don’t use it?
The LLC still exists: the state still expects its annual report and fee, and the registered agent still bills you. In a year with truly no money between you and the LLC there is no Form 5472 – but paying the registered agent or the state fee from your own account is a reportable transaction. If you no longer need the LLC, dissolve it with the state; its last year is filed as a final return.
If I have an LLC, do I have to pay US taxes?
Usually not for a foreign-owned single-member LLC without US business activity – Form 5472 is an information return. Whether the LLC has US-source income is a separate question for a tax professional – and your home country may tax the income: ask a local accountant.
Can Form 5472 be e-filed?
Not for a foreign-owned disregarded entity. It goes by fax (855-887-7737) or by mail to the IRS in Ogden, Utah.
What is a pro forma Form 1120?
A Form 1120 filled in only with the LLC’s name, address and EIN (and the initial or final return box when it applies), marked “Foreign-owned U.S. DE” across the top – it carries Form 5472 to the IRS. No income figures are reported on it.
What if I missed earlier years?
File each missing year with a reasonable cause statement explaining why. The IRS may still assess the penalty; a tax professional can advise on relief options.
LLC Desk prepares it for you – $149 per tax year
Questions in Spanish or English, the forms in English checked field by field, signature on your phone, and the filing sent to the IRS by fax and certified mail with proof. Form 7004 included. Each missed earlier year: $299, with a reasonable cause statement. Launch price – join the list now, pay nothing until we open.
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General information from the IRS instructions, not tax advice. ClosingCode is not a law or accounting firm. The owner reviews, signs and is responsible for the forms. When in doubt, ask a tax professional.