Form 5472 is one of the most expensive filings a non-US founder with a US LLC can miss. This guide walks through the common case: a foreign-owned single-member LLC.
The short answer
If all of the following are true, you almost certainly need to file:
- You own a US LLC that is taxed as a disregarded entity (the default for a single-member LLC).
- You, the owner, are a non-US person — not a US citizen, green-card holder, or long-term US resident.
- During the tax year, there was at least one reportable transaction between the LLC and you (capital contribution, distribution, loan, owner-paid expense, service, etc.).
If you tick 1 and 2 but think you had no transactions at all, re-check — a single capital contribution during formation counts, and so does any transfer of money or property between you and the LLC during the year.
Who exactly files 5472?
Per 26 CFR §1.6038A-1, a “reporting corporation” files 5472 if it has a 25%-or-more foreign owner (direct or by attribution). Starting with tax year 2017, a US disregarded entity that is wholly owned by a foreign person is treated as a corporation for 5472 purposes and files 5472 attached to a nearly-blank Form 1120 (the “pro-forma 1120”) with the header “Foreign-owned U.S. DE”.
When is it due?
The 15th day of the 4th month after the LLC’s tax year end:
- Calendar-year LLC: 15 April
- Fiscal-year LLC: 15th of the 4th month after FYE
Both are extendable to 15 October with Form 7004, filed on or before the original date. Form 7004 cannot be used to buy an extension retroactively.
How is it filed?
Form 5472 attached to a pro-forma 1120 is filed by fax or mail; the IRS does not e-file this combination for the ordinary disregarded-entity case. BorderFile files by fax and stores the confirmation page on your filing record.
What’s the penalty for missing it?
$25,000 per form, per year, under 26 U.S.C. §6038A(d). The IRS can assess an additional $25,000 for each 30-day period of continuing non-compliance after it notifies you of a failure to file. It can also hold the full Form 1120 statute of limitations open indefinitely while a 5472 is outstanding — the “silent” penalty that most founders don’t see until years later.
Still not sure? Run the free eligibility checker — six questions, no account required.