Yearly Tax Submission
Yearly Tax Submission for Foreign-Owned US LLCs
Every year your US LLC has an IRS filing due — even if it made no money. Our tax filing expert prepares and submits your Form 5472, Form 1040-NR, Form 1065 and state annual report on time — so you never risk the $25,000 penalty.
Quick answer
If you are a non-US person who wholly owns a US single-member LLC, the IRS requires your LLC to file Form 5472 attached to a pro forma Form 1120 every year — by the Form 1120 due date (usually April 15), even with little or no income. The penalty for not filing is $25,000.
Why Should You Submit Your Yearly Tax Filing?
Many new LLC owners think “no profit, no filing.” For a foreign-owned LLC, that’s a costly mistake. Since 2017, the IRS treats a US single-member LLC wholly owned by a foreign person as a corporation for Form 5472 purposes — so it has its own yearly filing, separate from any tax you may or may not owe.
Almost every foreign-owned LLC has at least one reportable transaction in its first year: the money you used to set it up. Filing on time protects you from one of the biggest penalties in the US tax system and keeps your company’s record with the IRS clean.
Why It Matters
Four Reasons Not to Skip It
Required Every Year
Form 5472 with a pro forma Form 1120 is due each year for a foreign-owned single-member LLC.
$25,000 Penalty
The IRS penalty for each failure to file when due — with more added if it stays unfiled after an IRS notice.
No Income Still Files
Money you put into or take out of the LLC can be a reportable transaction, even in a year with no sales.
Clean Records
The IRS requires records that support your filing. We help you keep them in order every year.
Who Must File — and What
| Your situation | US income tax? | What you file |
|---|---|---|
| Every foreign-owned single-member LLC | — | Form 5472 + pro forma Form 1120 |
| Income effectively connected with a US trade or business | Yes, at graduated rates after deductions | Also Form 1040-NR (individual return) |
| No US trade or business and no US-source income | Generally no | Form 5472 + pro forma Form 1120 |
| Multi-member LLC | Depends | Form 1065 and related filings |
General information based on IRS guidance. Your situation may differ.
Key Facts at a Glance
| Item | Detail |
|---|---|
| Who files | A US single-member LLC wholly owned by a foreign person |
| Filed with | A pro forma Form 1120 marked “Foreign-owned U.S. DE” |
| Due date | The Form 1120 due date, including extensions — usually April 15 for a calendar-year LLC |
| Extension | Form 7004, filed before the original due date |
| Where | IRS fax 855-887-7737, or mail to the IRS in Ogden, UT 84201 |
| Penalty | $25,000 for each failure to file |
Source: IRS Instructions for Form 5472 (rev. 12/2024).
Every Filing, Handled by Our Tax Expert
Form 5472 is only one piece. Depending on your LLC and your income, you may have other federal and state filings each year. Our tax filing expert handles all of them for you:
| Filing | Who it’s for | What we do |
|---|---|---|
| Form 5472 + pro forma Form 1120 | Every foreign-owned single-member LLC | Prepare, review with you and submit to the IRS |
| Form 7004 | LLCs that need more time to file | File the extension before the original due date |
| Form 1040-NR | Non-resident owners with income effectively connected with a US trade or business | Prepare and file your individual US return |
| Form 1065 | Multi-member LLCs (taxed as a partnership) | Prepare and file the partnership return |
| State annual report | LLCs in states that require one — e.g. Wyoming (license tax from $60) or Delaware ($400 annual tax, due June 1) | File with the state and pay the state fee on your behalf |
State fees are set by each state and paid at cost. Sources: Wyoming Secretary of State fee schedule; Delaware Division of Corporations.
What’s Included
We Handle Your Filing, Start to Finish
- Review of your LLC’s transactions for the year
- Form 5472 prepared from your records
- Pro forma Form 1120 prepared and marked correctly
- Form 7004 extension filed if you need more time
- Form 1040-NR and Form 1065 when they apply to you
- State annual report filed with your state
- Submitted before every deadline
- Copies of everything for your records
- Reminder before next year’s deadline
What we’ll need from you
- Your LLC name, address and EIN
- Your name, address and country of residence
- Your home-country tax ID, if you have one
- Your LLC’s bank and payment statements for the year
- A list of money you put into or took out of the LLC
How It Works
Your Yearly Filing in 4 Steps
1
Send Your Records
Share your statements and a few details on WhatsApp or email.
2
We Prepare
We prepare Form 5472 and the pro forma Form 1120 from your records.
3
You Review
You check and approve everything before it goes to the IRS.
4
We Submit
We submit your filing on time and send you copies for your records.
FAQ
Yearly Tax Submission Questions
Do I have to file if my LLC made no money?
Usually yes. A foreign-owned single-member LLC files Form 5472 for reportable transactions with its owner or related parties — and money you put into or take out of the LLC can count. Having no income does not by itself remove the requirement.
When is the yearly filing due?
Form 5472 is attached to a pro forma Form 1120 and filed by the Form 1120 due date, including extensions. For a calendar-year LLC that is usually April 15. Form 7004 can extend the deadline.
What happens if I don’t file?
The IRS instructions state a $25,000 penalty for each failure to file Form 5472 when due — plus an additional $25,000 for each 30-day period the failure continues more than 90 days after the IRS notifies you.
Does filing Form 5472 mean I pay US tax?
No. Form 5472 is an information return, not a tax payment. Whether you owe US income tax depends on whether your income is effectively connected with a US trade or business.
Do I need an EIN to file?
Yes. Your LLC files under its EIN — and your EIN is already included in our US LLC Formation package.
Is this the only US tax filing I might have?
Not always. If your income is effectively connected with a US trade or business you generally also file Form 1040-NR, multi-member LLCs file Form 1065, and many states require an annual report. Our tax filing expert handles all of these — tell us about your LLC and we’ll confirm what applies to you.
Sources
- IRS — Instructions for Form 5472 (12/2024)
- IRS — About Form 5472
- IRS — Effectively Connected Income (ECI)
- IRS — Publication 519, U.S. Tax Guide for Aliens
Your filings are prepared by our tax filing expert. The information on this page is general and based on IRS and state guidance; your exact obligations depend on your situation.
Don’t Risk the $25,000 Penalty
Tell us about your LLC and we’ll prepare and submit your yearly filing on time.