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FOREIGN-OWNED US LLC · IRS COMPLIANCE

Form 5472 Penalty & Deadline Calculator

If you own a 100% foreign-owned US LLC, missing Form 5472 triggers an automatic $25,000 penalty per year — even with zero income. Enter your LLC formation date to estimate your late-filing exposure, see your next April 15 deadline countdown, and confirm the pro-forma 1120, EIN and FinCEN BOI checklist.

04 • FOREIGN-OWNED LLC COMPLIANCE ALERT

Form 5472 Penalty & Deadline Checker

Estimate late-filing exposure ($25,000 per year) and see your April 15 filing deadline countdown.

IRC §6038A · $25,000 Statutory Penalty

The date your Wyoming, New Mexico, Delaware (or other state) LLC was registered with the Secretary of State.

What a Complete Filing Requires

Form 5472: Information return of a 25%+ foreign-owned US disregarded entity.
Pro-forma Form 1120: Cover-page corporate return filed solely to carry Form 5472 (top marked “Foreign-owned U.S. DE”).
EIN (Form SS-4): Employer Identification Number — obtainable without a US SSN or ITIN.
FinCEN BOI report: Beneficial Ownership Information — verify current filing obligation for foreign-owned reporting companies.

Enter your LLC formation date to estimate penalty exposure and see your next filing deadline.

Form 5472 for Foreign-Owned LLCs: The $25,000 Penalty Explained

Form 5472 is the single most expensive compliance mistake a non-resident US LLC owner can make. Because a single-member LLC owned by a foreign person is a disregarded entity, most founders assume there is nothing to file with the IRS. That assumption is what triggers the penalty: the entity is still required to report every transaction with its owner on Form 5472, attached to a pro-forma Form 1120, each year.

1. $25,000 Automatic Penalty

Under IRC §6038A, failing to file a timely and complete Form 5472 is a flat $25,000 penalty per return, per year — assessed regardless of whether the LLC earned a single dollar. Multiple unfiled years stack: three missed years is $75,000 of exposure before any escalation.

2. The April 15 Deadline (Not March 15)

For a calendar-year disregarded entity, Form 5472 + pro-forma 1120 is due April 15 of the following year, extendable to October 15 with Form 7004. Many owners confuse this with the March 15 partnership/S-corp deadline and file late by a month.

3. “No Income” Is Not an Exemption

The filing trigger is a reportable transaction with the foreign owner, not profit. Forming and funding the LLC, moving money in or out, or paying yourself all count. A dormant LLC with only a funded bank account still owes Form 5472.

4. Penalty Abatement for Missed Years

If you just discovered the requirement, you file the delinquent Form 5472 + 1120 for each year with a reasonable-cause statement. The IRS abates penalties in many first-offense cases — but only if you file proactively before receiving a notice. Ignoring it is the worst option.

The Complete Non-Resident LLC Filing Stack

Form 5472 rarely stands alone. A compliant foreign-owned US LLC typically maintains: an EIN (via Form SS-4, no SSN required), Form 5472 + pro-forma 1120 each year, W-8BEN-E furnished to US clients to avoid 30% withholding, and a FinCEN BOI report where required. Open a non-resident US LLC bank account, model state-level maintenance costs with the US LLC Matrix and your contractor take-home with the 1099 vs W-2 calculator.

FORM 5472 · FREQUENTLY ASKED QUESTIONS

Form 5472 Penalties & Deadlines — FAQ

What is the penalty for filing Form 5472 late?
Under IRC §6038A, a foreign-owned US disregarded entity that fails to file a timely and complete Form 5472 faces an automatic $25,000 penalty per return, per year. If the failure continues beyond 90 days after the IRS mails a notice, an additional $25,000 applies for each subsequent 30-day period. The penalty applies even if the LLC had no profit or no US-source income.
What is the Form 5472 deadline for a foreign-owned single-member LLC?
A calendar-year foreign-owned single-member LLC (treated as a disregarded entity) files Form 5472 attached to a pro-forma Form 1120 by April 15 of the following year. Filing Form 7004 extends the deadline to October 15. The return is mailed or faxed to a dedicated IRS address — it is not e-filed through the standard 1120 pipeline.
Do I have to file Form 5472 if my LLC made no money?
Yes. The trigger is a reportable transaction with the foreign owner, not profit. Contributing capital to form and fund the LLC, taking distributions, or paying yourself are all reportable. A dormant LLC with zero revenue but a funded bank account almost always still has a Form 5472 filing obligation.
Can the Form 5472 penalty be abated if I missed prior years?
Sometimes. The IRS may abate the penalty for reasonable cause (a clear, documented explanation of why you could not file on time) or, in limited cases, first-time penalty relief. You file the delinquent Form 5472 + pro-forma 1120 for each missed year with a reasonable-cause statement attached. Success is fact-specific — work with a cross-border CPA or enrolled agent rather than ignoring the notices.
What is a pro-forma Form 1120 and why is it filed with Form 5472?
A single-member LLC owned by a non-resident is a disregarded entity, so it does not normally file a corporate return. But Form 5472 can only be attached to a Form 1120. The 'pro-forma' 1120 is a near-empty cover return — you complete only the name, address, EIN, and mark the top 'Foreign-owned U.S. DE' — that exists solely to carry the Form 5472.
Is the FinCEN BOI report the same as Form 5472?
No. Form 5472 is an IRS income-tax information return. The Beneficial Ownership Information (BOI) report is a separate filing to FinCEN under the Corporate Transparency Act. They have different agencies, forms, and deadlines. Because BOI rules for foreign-owned reporting companies have changed recently, confirm your current BOI obligation directly with FinCEN or your advisor.

This tool provides general educational estimates only and is not tax, legal, or accounting advice. Penalty amounts, abatement eligibility, and deadlines depend on your specific facts, tax-year election, and IRS notices. Consult a qualified cross-border CPA or enrolled agent before acting. See our full disclaimer.