Form 5472 guide 2026

Form 5472 for a foreign-owned US LLC: what to report, and by when

Updated 11 November 2026IRS instructions Rev. December 2024About 11 minutes to read
The short answer

If you're not a US person and you own a single-member US LLC, it files Form 5472 with a pro forma 1120 for every year money moves between you and it, the year you form it included.

It's due 15 April, goes by fax or post, and missing it costs $25,000, even when the LLC owes no tax.

Information return $25,000 IRS penalty for each Form 5472 not filed, or filed incomplete Even when the LLC owes no US tax. One form a year, due 15 April with a pro forma 1120.

You formed a US LLC from abroad, you sell to clients outside the US, and you owe no US income tax. You still owe the IRS a form every year: Form 5472, attached to a one-page pro forma 1120. Miss it and the penalty is $25,000. Here's who files, what goes on it, and how to send it, from the IRS instructions revised in December 2024.

Key takeaways

  • A single-member US LLC owned by a non-US person files Form 5472 for any year money moves between owner and LLC.
  • Formation money counts. A new LLC files for its first year even with no sales.
  • It goes with a pro forma Form 1120: name, address, EIN, one box, and "Foreign-owned U.S. DE" on top.
  • Due 15 April for a calendar year, or 15 October with Form 7004.
  • No e-filing: fax to 855-887-7737 or post to the IRS in Ogden.
  • The penalty is $25,000 per year, and $25,000 more every 30 days once 90 days pass after an IRS notice.
Chapter 1

Who must file Form 5472?

Single owner abroad2026
US income tax, no US business$0
Form 5472 and pro forma 1120Due 15 April 2027
How to send itFax or post
If it is missed$25,000
Your own country taxes what the LLC earns. Where you live: pick it

For tax years beginning on or after 1 January 2017, Treasury Regulation 301.7701-2(c)(2)(vi) and 1.6038A-1(c)(1) treat a single-member LLC owned by a foreign person as a corporation for Form 5472 only. Answer three questions.

The owner is
Owners
This year, money moved between you and the LLC, including setup costs
1
Key takeaway

One owner abroad, and money moving between you and the LLC.

Chapter 2

Form 5472 reportable transactions, item by item

Pick a payment and see whether it goes on the form, and where.

What happened

Part IV of Form 5472 lists money transactions with the related party, line by line; Part V, for a foreign-owned LLC only, covers formation, contributions and distributions, as Treasury Regulation 1.6038A-2 sets out. One Form 5472 per related party.

2
Key takeaway

Formation money, money in, money out: all reportable.

Chapter 3

How to fill in the pro forma 1120 and Form 5472

What a foreign-owned LLC completes on each form
WhereWhat you write
Top of the 1120"Foreign-owned U.S. DE"
1120, name and addressThe LLC's, as on its EIN letter
1120, item BThe LLC's EIN
1120, item E"Initial return" in the first year; "Final return" when you close
5472, line 3Tick: the reporting corporation is a foreign-owned disregarded entity
5472, line 1jTick in the first year the LLC files
5472, line 1oThe countries where it does business; not "worldwide"
5472, line 4bYour US number if you have one, else your foreign tax ID, else "None"
5472, Parts IV, V and VIIThe year's transactions with you, and the questions in Part VII

Nothing else on the 1120 is filled in, as the Form 5472 instructions explain. An incomplete Form 5472 counts as not filed.

3
Key takeaway

A one-page 1120: name, address, EIN and one box.

Chapter 4

Form 5472 due date, extension and penalty calculator

Form 7004 extension filed on time

The form is due the 15th day of the 4th month after year end, under the Form 1120 instructions, and Form 7004 adds six months. Under section 6038A(d)(1) and (2) of the Internal Revenue Code, the penalty is $25,000, then $25,000 for each 30 days, or part of 30 days, after 90 days from notice.

4
Key takeaway

15 April, or 15 October with Form 7004.

Chapter 5

How to file Form 5472: fax or post

1
Fax855-887-7737, at 300 DPI or better; keep the confirmation page
PostInternal Revenue Service, 1973 Rulon White Blvd, M/S 6112, Attn: PIN Unit, Ogden, UT 84201
No e-fileThe instructions say a foreign-owned LLC cannot file Form 5472 electronically
Same routeForm 7004 goes to the same fax number or address, not the usual 7004 addresses
5
Key takeaway

Fax or post only. A foreign-owned LLC can't e-file.

Chapter 6

Form 5472 penalty: how it adds up

The penalty is for not filing, filing late, or filing an incomplete form, and for not keeping the records. It's $25,000 for each year, and each related party needs its own form. If the IRS writes and the form is still missing 90 days later, another $25,000 follows for each 30 days, with no cap.

The way out is reasonable cause, shown in writing, and filing as soon as you find the gap. The years also stay open: the IRS can assess tax linked to the information until three years after it receives the form.

6
Key takeaway

$25,000 a year, then $25,000 every 30 days after a notice.

Chapter 7

Form 5472 records and the EIN

Records
  • Bank statements, invoices and a log of every transfer to and from you
  • They can stay abroad if you can produce them within 60 days of a request
  • Translations within 30 days if asked
The EIN
  • The LLC needs its own EIN for item B
  • Form SS-4: "Foreign-owned U.S. disregarded entity, Form 5472" on lines 9a and 10
  • No SSN or ITIN needed: write "foreign" on line 7b
7
Key takeaway

Records can stay abroad if you can produce them in 60 days.

Chapter 8

Do you owe US tax on a foreign-owned LLC?

Usually not. As IRS Publication 519 explains, a non-resident pays US income tax only on US-source income and income effectively connected with a US trade or business. Selling services from abroad to clients abroad is neither, so there is no 1040-NR to file. Form 5472 is an information return: it reports, it doesn't tax.

8
Key takeaway

No US business, usually no US income tax for you.

Chapter 9

Form 5472 questions, answered

?!
Who must file Form 5472?
A US corporation that is at least 25% foreign-owned, and a single-member US LLC owned by a foreign person, for any year with a reportable transaction.
Does a foreign-owned LLC with no income file Form 5472?
Yes, if money moved between you and the LLC. Only a year with no reportable transaction at all is exempt, and formation money counts.
What is the Form 5472 due date?
15 April for a calendar year, the 15th day of the 4th month after year end. Form 7004 extends it to 15 October.
Can I e-file Form 5472 for my LLC?
No. A foreign-owned disregarded entity must fax it to 855-887-7737 or post it to the IRS in Ogden.
What is the penalty for not filing Form 5472?
$25,000 per year, plus $25,000 for each 30 days the failure continues after 90 days from an IRS notice.
What goes on the pro forma 1120?
Only the LLC's name, address, EIN in item B, item E, and "Foreign-owned U.S. DE" written across the top.
Can you prepare Form 5472 for me?
Yes. Form 5472 preparation is US$179 a year as an add-on to our Wyoming, Delaware, New Mexico, Florida and Nevada LLCs.

Changelog

  • 11 November 2026: first published.
  • 13 November 2026: official sources linked inside the text.
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