Who needs this filing
You need this if a foreign person owns 100% of a US LLC that has not elected to be taxed as a corporation. The IRS calls this a "foreign-owned U.S. disregarded entity (DE)", and for Form 5472 purposes it is treated as a reporting corporation (IRS: Instructions for Form 5472). The owner can be an individual living outside the US or a non-US company.
For income tax, a single-member LLC is normally ignored and its income belongs to its owner. Form 5472 is different. It is an information return about dealings between the LLC and "related parties", mainly you. That is why it applies to many LLCs that owe no US income tax at all.
Multi-member LLCs and C corporations file different returns, which we quote separately. The deep dive on deadlines, penalties and every line of the form is our Form 5472 guide; this page covers what our filing service does.
What gets filed
Two forms go to the IRS together:
- A pro forma Form 1120. This is not a full corporate tax return. The IRS says "The only information required to be completed on Form 1120 is the name and address of the foreign-owned U.S. DE and items B and E on the first page", with "Foreign-owned U.S. DE" written across the top.
- Form 5472, attached. Part I describes the LLC. Part II describes the owner, including a foreign taxpayer identification number (FTIN) "if any" for each direct and ultimate foreign owner, or a reference ID number. Part IV reports monetary transactions with the related party. Part V is completed only by foreign-owned DEs and covers transactions such as formation costs and contributions, described on an attached statement.
The IRS also says to "File a separate Form 5472 for each foreign or U.S. person who is a related party with which the reporting corporation had a reportable transaction." If your LLC dealt with you and with another company you own, that can mean two Forms 5472 under one pro forma 1120.
Reportable transactions: examples
The list is wider than most owners expect. For foreign-owned DEs, the instructions include "amounts paid or received in connection with the formation, dissolution, acquisition, and disposition of the entity, including contributions to, and distributions from, the entity." Typical examples:
- You paid the state formation fee, registered agent fee or EIN service from your personal card: formation costs paid by the owner.
- You transferred money from your personal account into the LLC's bank account: a capital contribution.
- You moved profits from the LLC to your personal account: a distribution.
- You lent the LLC money, or the LLC lent you money, and any interest on it.
- The LLC paid you, or another company you own, for services, goods, rent or royalties.
- The LLC was closed or sold during the year.
Because formation costs and contributions count, the first year almost always has something to report, even before the first sale. If you are closing the LLC, the final year still needs a filing; see dissolve an LLC.
What is included
- A review of the year's bank statements and your list of owner transactions, to find every reportable item.
- Preparation of the pro forma Form 1120 and one Form 5472 per related party, including the Part V statement.
- Owner identification with your FTIN, or a reference ID number where you have none.
- A second-person review before you sign.
- Submission to the IRS by fax, with the transmission confirmation saved, or by tracked mail.
- A copy of the filed package in your portal and a reminder before next year's due date.
What is not included
- Bookkeeping or catch-up for missing records across several years (quoted separately).
- Advice on whether your activities create a US trade or business or income tax liability. That needs a licensed professional; our 1040-NR service handles the personal return if you need one.
- State annual reports and franchise taxes. See our LLC annual report service.
- Requests for relief from penalties already charged.
Government fees and the penalty
| Item | Amount | Source |
|---|---|---|
| IRS filing fee for Form 5472 and pro forma 1120 | None | IRS: Instructions for Form 5472 |
| Penalty for failing to file when due and in the manner prescribed | $25,000 per failure | IRS: Instructions for Form 5472 |
The penalty can grow if the failure continues after IRS notice; the full rules are in our Form 5472 guide. Our service fee is on the order card and the pricing page.
Fax or mail only: no e-filing
The IRS is explicit: "If you are a foreign-owned U.S. DE, you cannot file Form 5472 electronically." Tax software that offers to e-file it for you is not an option for this entity. The two permitted methods are:
- Fax to 855-887-7737, at 300 DPI or higher.
- Mail to Internal Revenue Service, 1973 Rulon White Blvd, M/S 6112, Attn: PIN Unit, Ogden, UT 84201.
We normally fax, because the transmission report gives you dated proof of filing. We keep that report with your return.
How it works
- Order and intake. Start your order and complete the annual questionnaire about your LLC and its owner.
- Secure document upload. Upload the year's bank statements and any records of owner payments (see security).
- Preparation. Our filing team identifies the reportable transactions and prepares the pro forma 1120 and Form 5472.
- Review and signature. A second person reviews the package, then you check and sign it.
- Submission. We fax the package to the IRS and store the confirmation.
- Delivery and reminders. The filed copy goes to your portal, and we remind you before the next due date.
What we need from you
- The LLC's legal name, EIN, US address, state and date of formation.
- The owner's name, address, country of residence and tax residence, and foreign tax ID if you have one.
- If a company owns the LLC: that company's details and its ultimate owner.
- Bank statements for every LLC account for the full year.
- A list of payments you made for the LLC personally (formation, registered agent, software, travel), money you put in and money you took out.
- Details of any loans or payments between the LLC and you or your other companies.
- Copies of any earlier Forms 5472 filed for the LLC.
When it is due, in one paragraph
Form 5472 is due with the pro forma Form 1120, by the 15th day of the 4th month after the tax year ends. A foreign-owned DE uses its owner's US tax year or, if none, the calendar year, so for most clients the 2026 filing is due 15 April 2027. Form 7004 gives an automatic extension of generally six months if filed by the original due date (IRS: Instructions for Form 7004). Our team starts once your intake and bank statements are complete, so send them early in the year. All dates are in the compliance deadline calendar.
Doing it yourself vs using us
You can file this yourself. The pro forma 1120 needs only a few entries, the forms are free from the IRS, and online fax services can reach the IRS number. Owners with a handful of clear transactions and good records do manage it.
What our service adds:
- A systematic check of your statements, so owner-paid costs, contributions and distributions are not missed.
- The right number of Forms 5472 and a correct Part V statement.
- Correct owner identification, including the FTIN or reference ID.
- Fax submission with a stored confirmation, and a copy of every year's filing in one place.
- Annual reminders so the filing is not forgotten in a year with no revenue.
If you want the registered agent, annual report and this filing handled together each year, see our US annual compliance plan.
Other filings people ask about
You may also need a personal Form 1040-NR if you have US effectively connected income; many owners with no US trade or business do not, but it needs checking (see 1040-NR filing). You do not need a BOI report for a US LLC: FinCEN's final rule exempts all US-formed companies, as explained in our BOI report guide.
Sources
- IRS: Instructions for Form 5472 (Rev. December 2024)
- IRS: About Form 5472
- IRS: Instructions for Form 1120
- IRS: Instructions for Form 7004 (Rev. December 2025)
- FinCEN: Beneficial Ownership Information Reporting
Fees, deadlines and rules on this page were last checked on 27 September 2026.