Form 5472 Filing for Foreign-Owned US LLCs
If you're a non-US person who owns a single-member US LLC, your entity is required to file Form 5472 along with a pro forma Form 1120 each year — even if the LLC had no transactions, and even if you filed no US personal tax return. The IRS penalty for missing or late Form 5472 is $25,000 per form per year, making this one of the highest-stakes compliance requirements for foreign-owned US businesses.
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- ✓LLC partnership return (Form 1065)
- ✓Up to 2 owners, simple P&L and balance sheet
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Frequently asked questions about Form 5472 Filing for Foreign-Owned US LLCs
What is Form 5472 and who must file it?
Form 5472 is an information return required for US corporations (or foreign-owned disregarded LLCs treated as corporations for this purpose) with 25% or more foreign ownership that had reportable transactions. Single-member LLCs owned by non-US persons must file Form 5472 with a pro forma 1120.
What is a reportable transaction for Form 5472 purposes?
Reportable transactions include any transfer of money or property between the foreign owner and the US LLC: capital contributions, distributions, loans, payments for services, rent, or royalties. Almost any financial interaction between you and your LLC counts.
Do I need to file if my LLC had no transactions?
Strictly, Form 5472 is required when there were reportable transactions. However, forming the LLC itself and making initial capital contributions are reportable transactions, so most LLCs do need to file in their first year. If there was truly no activity at all, please consult a professional to confirm your specific obligation.
What is the penalty for not filing Form 5472?
The penalty is $25,000 per form per year for failure to file or filing an incomplete/inaccurate Form 5472. There is no cap per year for multiple years of non-compliance. This is one of the steepest per-form penalties in the US tax code.
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