Who must file Form 5472
- Foreign-owned single-member US LLCs treated as disregarded entities
- US LLCs with 25%+ foreign ownership treated as corporations
- US corporations with 25%+ foreign shareholders engaged in reportable transactions
- Foreign corporations engaged in a US trade or business with reportable transactions
What goes on the form
- Part I: Reporting corporation identification (your LLC)
- Part II: 25%+ foreign owner identification (you)
- Part III: Related parties (other entities you control)
- Parts IV and V: Reportable transactions (money flowing between you and the LLC)
- Part VI: Additional information about the business
What counts as a reportable transaction
Reportable (goes on Form 5472):
- Capital contributions you make to the LLC
- Owner draws or distributions back to you
- Loans between you and the LLC
- Payments to related foreign entities (your home-country company)
NOT reportable:
- Sales revenue from unrelated customers
- Bank interest
- Payments to unrelated vendors (AWS, freelancers, suppliers)
- Salary to unrelated employees
How to file
- Complete pro forma Form 1120 as a cover sheet (one page identifying the LLC)
- Complete Form 5472 with related-party transactions
- Attach Form 5472 to pro forma 1120
- File by mail or fax (no e-filing for foreign-owned single-member LLCs)
- Due April 15. File Form 7004 to extend to October 15.
- Mail address: Internal Revenue Service, 1973 Rulon White Blvd., M/S 6112, Attn: PIN Unit, Ogden, Utah 84201
The $25,000 penalty
IRC Section 6038A(d) imposes a $25,000 penalty per failure. If the IRS sends notice and you do not file within 90 days, additional $25,000 every 30 days. The penalty applies regardless of tax owed. Even $0 tax LLCs owe $25,000 for not filing.