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Form 5472 Filing Guide for Foreign-Owned US LLCs
Short answer: If a foreign person owns a US LLC outright, or 25% of a US corporation, Form 5472 is due when there is a reportable transaction with the owner or a related party. A single-member LLC attaches it to a pro forma Form 1120 and faxes or mails it.
Key takeaways
A foreign-owned single-member LLC has no income tax return, but it still files a pro forma Form 1120 with Form 5472 attached.
Money you put into the company or take out of it is reportable, and so are formation costs.
The filing goes to a dedicated IRS fax number or Ogden address. It cannot be e-filed.
The penalty is $25,000 per reporting corporation, with a continuing penalty if it goes unfixed after IRS notice.
If you missed earlier years, file them promptly. An Enrolled Agent can prepare and submit them.
Who has to file Form 5472
The IRS calls the filer a "reporting corporation." That means a 25% foreign-owned US corporation, including a foreign-owned US disregarded entity, or a foreign corporation engaged in a US trade or business.
A corporation is 25% foreign owned if, at any time during the year, it has at least one direct or indirect shareholder who is foreign and holds 25% of the voting power or 25% of the total value.
For most of our clients the case is simpler: a US LLC with one member, and that member is a foreign person. The IRS calls this a foreign-owned US disregarded entity. For these rules it is treated as a corporation separate from its owner, even though it files no regular income tax return.
The steps below are for that single-member LLC. If you own a corporation instead, we confirm the filing route during your review.
What counts as a reportable transaction
The duty to file is triggered by a reportable transaction with a foreign or domestic related party. A related party includes any 25% foreign shareholder and anyone related to the company or to that shareholder. If there are no reportable transactions, there is no filing.
For a single-member LLC, the instructions are broad. Part V covers amounts paid or received for the formation of the entity, and contributions to it and distributions from it. In plain terms, these are reportable:
Money you move into the LLC from your own account, which is a capital contribution.
Money you take out of the LLC for yourself, which is a draw or distribution.
Costs paid for forming the company.
Other reportable transactions include sales, rents, royalties, services, commissions, loans and interest with a related party. A separate Form 5472 is filed for each related party you transacted with.
The pro forma Form 1120
A foreign-owned single-member LLC has no income tax return duty. It must still file a pro forma Form 1120 with Form 5472 attached.
The pro forma 1120 is mostly blank. You complete only the entity's name and address and items B and E on page 1. Then you write "Foreign-owned U.S. DE" across the top. The Form 5472 behind it carries the substance: the company's EIN, the owner's details, and the transactions.
The owner enters a US identifying number (an SSN, ITIN or EIN) if they have one, or a reference ID number if they have none. An ITIN is a nine-digit number for people who must have a US taxpayer ID but cannot get an SSN, and you do not need one just to file this form.
How Form 5472 is filed, step by step
Get the EIN first. A US LLC wholly owned by a foreign person needs an EIN to file Form 5472. Applicants with no US residence or place of business cannot use the online application. Per the Form SS-4 instructions, you can apply by phone at 267-941-1099 (international applicants only), by fax at 304-707-9471, or by mail to Internal Revenue Service, Attn: EIN International Operation, Cincinnati, OH 45999. On line 9a check "Other" and write "Foreign-owned U.S. disregarded entity-Form 5472." If you have no SSN or ITIN, enter "foreign" on line 7b.
Gather the year's records. List every contribution, distribution and related-party payment for the tax year. The DE's tax year follows its owner's US filing year, or the calendar year if there is none.
Complete Form 5472. One form is needed for each related party with a reportable transaction.
Complete the pro forma Form 1120. Fill in only the name, address, and items B and E on page 1.
Write "Foreign-owned U.S. DE" across the top of the pro forma Form 1120.
Fax or mail the package. Fax (300 DPI or higher) to 855-887-7737, or mail to Internal Revenue Service, 1973 Rulon White Blvd, M/S 6112, Attn: PIN Unit, Ogden, UT 84201. Do not use the regular Form 1120 mailing address.
These details come from the IRS Instructions for Form 5472 (Rev. December 2024), the current revision on the IRS website when we checked on October 3, 2026. Per those instructions, a foreign-owned US DE cannot file Form 5472 electronically. IRS contact details can change, so we recheck them against the IRS instructions before every filing.
Due date and how to extend
The Form 5472 is due with the Form 1120, normally the 15th day of the 4th month after the tax year ends. For a calendar-year LLC, that is April 15.
To extend, file Form 7004 by the regular due date. Enter the Form 1120 code on Part I line 1 and write "Foreign-owned U.S. DE" across the top. The automatic extension is generally 6 months. The Form 7004 for a DE goes to the same dedicated fax number or address above, not the regular Form 7004 address, by the due date excluding extensions.
The Form 5472 penalty
A penalty of $25,000 is assessed per reporting corporation for failing to file when due and in the manner required. The same penalty applies for failing to keep the required records. A substantially incomplete form counts as a failure to file.
If the failure continues more than 90 days after the IRS notifies you, an additional $25,000 applies for each related party and for each 30-day period, or part of one, after the 90-day period. Criminal penalties under sections 7203, 7206 and 7207 can also apply for failing to provide or for falsifying information.
If you missed prior years
Many foreign owners first hear about Form 5472 after the company has been open for a year or more. If that is you, the practical answer is to file the late forms promptly rather than wait.
Where the facts support it, a reasonable-cause statement can be attached to explain why the forms were late. Whether the IRS accepts it depends on the facts, and we cannot promise any penalty will be removed. If you have already received an IRS notice, tell us right away, because the continuing penalty runs from the notification.
An Enrolled Agent can prepare the missing Form 5472 and pro forma 1120 for each open year and submit them to the dedicated IRS address.
How we help foreign owners
Sabih Shafi is an IRS Enrolled Agent, federally licensed to represent taxpayers before the IRS in all 50 states. We serve foreign owners of US companies from anywhere in the world, in English or Spanish, and everything is done remotely. We can help with:
Getting your EIN as a foreign owner with no SSN or ITIN.
Preparing Form 5472 and the pro forma Form 1120 each year.
Catching up on prior years you missed.
Filing Form 7004 when you need more time.
Faxing or mailing the package to the dedicated IRS address, and keeping your copy.
You get a flat fee, quoted in writing before any work starts. The free review is 20 minutes: call or text (323) 900-0305, or book your free 20-minute tax review. You can also confirm any preparer's credentials in the IRS directory.
General information, not tax advice for your situation.
Frequently Asked Questions
Can a foreign-owned LLC e-file Form 5472?
No. Per the December 2024 instructions, a foreign-owned US disregarded entity cannot e-file it. It is faxed or mailed to the dedicated IRS address.
Do I file Form 5472 if my LLC had no income?
Not income, but transactions. If you put money in, took money out, or paid formation costs, those are reportable. If there were no reportable transactions of the types in the instructions, there is no filing.
What is a pro forma Form 1120?
It is a Form 1120 where only the name, address and items B and E on page 1 are completed. "Foreign-owned U.S. DE" is written across the top, and Form 5472 is attached.
What is the Form 5472 late filing penalty?
$25,000 per reporting corporation. A further $25,000 applies for each related party and each 30-day period after the first 90 days following IRS notification.
Do I need an ITIN to file?
No. The form asks for the owner's SSN, ITIN or EIN if there is one, or a reference ID number if there is not. The LLC itself needs an EIN.
Can you file Form 5472 for me if I live abroad?
Yes. We work remotely, in English or Spanish, and prepare and submit the filing for you.
Last reviewed: October 2026 by Sabih Shafi, EA
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This article is general information, not individual tax advice. If you want to talk through your own IRS or state balance, book a free 20-minute review or call or text us directly.
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