Form 5472 Filing Requirements
IRS Form 5472 is an information return required when a foreign-owned U.S. entity has reportable transactions with a related party. Even with zero revenue, formation funding and capital contributions count as reportable events. Below is everything you need to know.
Start Your FilingWho Must File Form 5472
- Foreign persons owning 25% or more of a U.S. corporation (directly or indirectly)
- Foreign-owned U.S. disregarded entities (single-member LLCs owned by a foreign person):treated as corporations solely for Form 5472 reporting purposes
- Foreign corporations engaged in a U.S. trade or business
- Filing is required even with zero revenue because formation funding and capital contributions count as reportable transactions
- Filing is required from the year the entity was formed, not only when income is earned
Key point: If you are a non-U.S. person who owns a single-member LLC in any U.S. state and there were reportable transactions with you or a related party, including formation funding, contributions, or distributions, you are required to file Form 5472 with a pro forma Form 1120.
What You Need to File
Entity Information
Foreign Owner Details
Transaction Records
All reportable transactions between the LLC and its foreign owner(s), including:
Supporting Documents (helpful but not required at intake)
Filing Deadlines
| Entity Type | Original Deadline | Extended Deadline |
|---|---|---|
| Calendar-year corporation | April 15 | October 15 |
| Foreign corporation | June 15 | December 15 |
| Foreign-owned disregarded entity | April 15 | October 15 |
Extension: File Form 7004 for an automatic 6-month extension.
For foreign-owned disregarded entities, write “Foreign-owned U.S. DE” across the top of Form 7004.
Filing Method
Foreign-Owned Disregarded Entities
Paper or fax ONLY:cannot be e-filed.
- Mail to:
Internal Revenue Service
1973 Rulon White Blvd, M/S 6112
Attn: PIN Unit
Ogden, UT 84201 - Fax (300+ DPI): 855-887-7737
Regular Corporations
Attach Form 5472 to the corporation's annual Form 1120. Can be e-filed as part of the corporate return.
Penalties
- $25,000 per Form 5472 for failure to file, late filing, or substantially incomplete filing
- Additional $25,000 per 30-day period after 90 days from IRS notification of failure to comply
- No maximum cap on continuation penalties:they accumulate indefinitely
- Each form per year is penalized independently
- Failure to maintain records: same $25,000 penalty applies
- Suspended assessment period: the normal 3-year statute of limitations does not begin to run until the required information is furnished to the IRS
Example: 1 LLC with 3 missed years of filing = $75,000+ in potential penalty exposure. Each missed Form 5472 is a separate $25,000 penalty, and continuation penalties can push that figure significantly higher.
Common Questions
My LLC had no income. Do I still need to file?
In most cases, yes. Form 5472 is an information return, not an income tax return. Filing is required whenever there are reportable transactions with the owner or a related party. Formation funding, capital contributions, and distributions all count, even with zero revenue.
I don't have an EIN. What do I do?
You need to apply for an EIN using IRS Form SS-4. An EIN is required before you can file Form 5472. We can help with EIN applications as part of our service.
What if I have multiple LLCs?
Each LLC needs its own separate filing. A pro forma Form 1120 and Form 5472 must be filed for each foreign-owned disregarded entity.
What if my LLC has multiple foreign owners?
A separate Form 5472 must be filed for each related party (foreign owner) that had reportable transactions with the LLC during the tax year.
What is a pro forma Form 1120?
A pro forma Form 1120 is a simplified cover sheet filed alongside Form 5472 for foreign-owned disregarded entities. It contains basic entity information but does not include full corporate income tax calculations.
Ready to File?
Get started with your Form 5472 filing or request a free compliance review to assess your current status.
Related Resources
The information provided on this page is for general informational purposes only and does not constitute legal or tax advice. Requirements may vary by entity type and jurisdiction. For formal legal or tax advice, consult a qualified professional.