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Form 5472 — what foreign-owned US LLCs must file

If a non-US person owns a US LLC, the IRS wants Form 5472 and a pro-forma 1120 every year. Miss it and the penalty starts at $25,000. Here's the plain version.

The Taxly team
The Taxly team Formation & tax specialists · · 1 min read

This is the filing that catches foreign founders off guard. You formed a US LLC, you had a quiet first year, and you assumed there was nothing to file. Then you learn about Form 5472 — and its $25,000 penalty.

Let’s make sure that doesn’t happen to you.

Who has to file

You file Form 5472 if your US LLC is a disregarded entity (most single-member LLCs) that is owned by a non-US person, and it had any reportable transaction during the year.

The trap: no income still means you file

Reportable transactions include money you put into the company, money you took out, and most dealings between you and the LLC. Forming the company and funding its bank account already counts. A zero-revenue year almost never means a zero-filing year.

What you actually submit

A foreign-owned single-member LLC files two things together:

  1. A pro-forma Form 1120

    You don’t pay corporate tax on it — it’s a cover page. You fill in the company name, address, EIN, and attach the 5472.

  2. Form 5472

    This reports the transactions between the LLC and its foreign owner: contributions, distributions, loans, and the like.

It’s mailed or faxed to the IRS by the deadline — generally April 15, or the 15th day of the fourth month after your year-end.

How to not miss it

The filing isn’t hard; remembering it is. Penalties hit founders who simply forgot it existed. Taxly tracks the deadline, prepares both forms, and files them — so a quiet year stays quiet.

Let us handle Form 5472

See tax filing →
— Frequently asked
I had no income — do I still file?
Yes. Form 5472 is about reportable transactions, not profit. Even a single-member LLC with no revenue usually has reportable transactions (like capital you contributed) and must file. "No income" is not an exemption.
What's the penalty for missing it?
The penalty for a late or missing Form 5472 starts at $25,000 per form, per year. It's one of the steepest information-return penalties the IRS issues, which is why it's worth getting right.
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