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Glossary

Disregarded entity

Also known as: DRE, US DE

entity

A US business entity that exists for state-law purposes but is 'disregarded' for US federal income tax purposes — treated as a branch or sole proprietorship of its owner. The default for a single-member LLC that has not elected corporate taxation.

Full entry

What “disregarded” means

For state law, the LLC is a separate legal person: it owns bank accounts, enters contracts, and has limited liability. For US federal income tax, it has no separate identity — its income flows up to the single owner, who reports it on their own return.

The 5472 twist

Starting with tax year 2017, treasury regulations treat a disregarded entity that is wholly owned by a foreign person as a corporation for 5472 purposes only. The LLC still has no US income tax of its own, but it must file Form 5472 attached to a pro-forma 1120 if it has any reportable transactions with its foreign owner during the year.

This is the single most important rule to understand for a non-US founder with a US LLC: the LLC is “disregarded” for income tax, but it still has a 5472 information-filing obligation at the entity level.

See also: Form 5472, pro-forma 1120, single-member LLC.

This is not tax advice. See the disclaimer.

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