Form 5471 Filing for US Owners of Foreign Companies
Form 5471 is required from US persons who have certain ownership, control, or officer/director positions in foreign corporations. It's one of the most complex international information returns, requiring detailed financial information about the foreign company including a balance sheet, profit and loss statement, and shareholder information. Penalties for non-filing or incorrect filing start at $10,000 per year per form.
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What this filing may involve
Every situation is different. The forms below commonly apply — your specific filing may vary.
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- ✓Everything in Premier
- ✓Foreign Earned Income Exclusion (Form 2555)
- ✓Foreign Tax Credit (Form 1116)
- ✓FBAR filing (FinCEN 114) included
- ✓Everything in Expat
- ✓Schedules D & E for investments and rentals
- ✓Foreign asset reporting (Form 8938)
- ✓FBAR filing (FinCEN 114) included
Frequently asked questions about Form 5471 Filing for US Owners of Foreign Companies
What are the Form 5471 categories?
Categories 1–5 determine which schedules are required. Category 5 filers (US shareholders of controlled foreign corporations) have the most extensive obligations, including full financial statement reporting and GILTI calculations. Category 1 filers (US shareholders who are not category 5 filers) have reduced requirements.
Does my foreign company have to pay US tax?
Not directly. But as a US shareholder, you may have US taxable income inclusions from Subpart F (certain passive and mobile income) and GILTI regardless of whether the company distributed anything to you.
What if I missed Form 5471 in prior years?
The IRS has a relief procedure for reasonable cause non-filing. The Streamlined Procedure can also address delinquent international information returns including Form 5471 in many cases. Acting promptly before the IRS contacts you is important.
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