Guide
Form 5472 Guide Guide
Form 5472 is required for every foreign-owned single-member US LLC. File it with a pro-forma Form 1120 by April 15. The penalty for non-filing is $25,000 per year. Get the EIN you need first at ein.so for $49.
Form 5472 (Information Return of a 25% Foreign-Owned US Corporation) is required for every foreign-owned single-member US LLC. You file it with a pro-forma Form 1120 by April 15 each year. The penalty for non-filing is $25,000 per form, per year. This filing is not optional. You also need an EIN before you can file, and ein.so delivers that EIN for $49 (Standard, 4-7 business days) or $97 (Express, 2-3 business days).
Form 5472 is the most misunderstood IRS requirement for non-resident LLC owners. Most non-residents form a US LLC, get an EIN, open a bank account, and assume the compliance is done. It is not. A foreign-owned single-member LLC carries an annual federal filing duty that a US-owned LLC does not. The IRS treats your foreign-owned disregarded LLC as a corporation for one narrow purpose: reporting transactions with you, its foreign owner. Miss the deadline and the penalty starts at $25,000. This guide explains who files, what counts as a reportable transaction, how the form attaches to Form 1120, and how to get the EIN the form requires first.
| Detail | Information |
|---|---|
| Full name | Information Return of a 25% Foreign-Owned US Corporation |
| IRS form number | 5472 |
| Required for | Foreign-owned single-member US LLCs and 25%+ foreign-owned US corporations |
| Filed with | Pro-forma Form 1120 |
| Due date | April 15 (October 15 with Form 7004 extension) |
| Penalty | $25,000 per form, per year |
| EIN required | Yes — apply at ein.so for $49 |
| Cost to file (IRS) | $0 |
Who Files
Who Must File Form 5472?
Every foreign-owned single-member US LLC must file Form 5472, along with US corporations that have 25% or more foreign ownership. If a non-US person owns 100% of your US LLC, you file. The form is required even when the LLC had no profit and no US-sourced income.
A US LLC is "foreign-owned" when a non-US person or entity holds 25% or more of it. For most ein.so clients, that means a single non-resident owns the entire LLC. The IRS calls this a foreign-owned disregarded entity. Three groups must file Form 5472.
Foreign-Owned Single-Member LLCs
25%+ Foreign-Owned US Corporations
US Entities With Foreign Related-Party Transactions
If you are unsure whether you cross the 25% threshold, treat the answer as yes until a CPA confirms otherwise. The $25,000 penalty makes a cautious filing far cheaper than a missed one. Learn how the EIN ties into the entity in our EIN for LLC guide.
Reportable Transactions
What Counts as a Reportable Transaction?
A reportable transaction is any transfer of money or property between your US LLC and a foreign related party. This includes capital you put into the LLC, loans, repayments, payments for services, rent, and royalties. Even funding your own LLC from your personal account counts.
This is where non-residents get caught. They assume "no business activity" means "nothing to report." The IRS counts the act of moving your own money into and out of the LLC as a reportable transaction. The table below shows the most common entries.
| Transaction type | Reportable? | Common example |
|---|---|---|
| Capital contribution | Yes | You wire $5,000 to fund the LLC |
| Loan to the LLC | Yes | You lend the LLC money to cover costs |
| Loan repayment | Yes | The LLC pays you back |
| Payment for services | Yes | The LLC pays you for work performed |
| Distribution to owner | Yes | The LLC sends profit to your account |
| Rent or royalties | Yes | The LLC pays you for property or IP |
| Sale to a US customer | No | A US client buys your product (not a related party) |
The form reports the dollar amount of each category, not the underlying business income. A foreign-owned single-member LLC with no contributions, loans, or distributions in a year still files Form 5472, reporting zero in those boxes. List every transaction with your foreign owner and any foreign affiliate. A US CPA confirms classification for the Form 5472 instructions line by line.
Filing Process
How Do You File Form 5472?
You file Form 5472 by attaching it to a pro-forma Form 1120 and sending the package to the IRS by mail or fax by April 15. A single-member LLC does not normally file Form 1120, so you mark it "pro-forma" with only the LLC name, address, and EIN at the top.
The IRS does not accept this package through standard consumer e-file software, so non-residents mail it or fax it. Keep the certified-mail receipt or fax confirmation as proof. Follow these five steps.
Get Your EIN First
Prepare the Pro-Forma Form 1120
Complete Form 5472
File by Mail or Fax by April 15
Repeat Every Year
The EIN step is the one ein.so handles for you. The rest is tax work best confirmed with a US CPA. See the SS-4 form guide for the EIN application detail.
Penalties
What Is the Penalty for Not Filing Form 5472?
The penalty for not filing Form 5472 is $25,000 per form, per year. The IRS assesses it automatically when the form is missing, filed late, or substantially incomplete. The penalty repeats for each year you fail to file and accumulates without limit.
This is one of the steepest information-return penalties in the US tax code, and the IRS enforces it aggressively against foreign-owned LLCs. The penalty applies even when the LLC owes zero income tax. A non-resident who ignores Form 5472 for three years faces $75,000 in penalties on an LLC that may have earned nothing.
| Scenario | Penalty |
|---|---|
| Filed on time and complete | $0 |
| Filed late or incomplete | $25,000 per form |
| Not filed (one year) | $25,000 |
| Not filed (three years) | $75,000 |
| Continued failure after IRS notice | Additional $25,000 increments |
The IRS can abate the penalty for reasonable cause, such as a documented serious illness or reliance on incorrect professional advice. Reasonable cause is hard to prove and never guaranteed. The reliable path is to file on time every year. Read the Form 5472 penalties page for abatement detail and the Form 5472 deadline page for due-date specifics.
EIN Requirement
Why Does Form 5472 Require an EIN First?
Form 5472 requires an EIN because the form and its attached pro-forma Form 1120 both identify your LLC by its federal Employer Identification Number. Without an EIN, the IRS cannot match the filing to your entity, and the package is rejected. You must get the EIN before the first filing.
Non-residents cannot use the IRS online EIN tool because it requires a US Social Security Number. You apply instead by faxing Form SS-4 to the IRS at 855-215-1627, entering your passport number on Line 7b. The IRS charges $0 for an EIN, but the fax process takes time and rejects malformed applications silently.
EIN facts for Form 5472 filers
- The EIN appears on both Form 5472 and the pro-forma Form 1120.
- Non-residents enter a passport number on SS-4 Line 7b — no SSN or ITIN needed.
- The IRS online tool is blocked without an SSN, so the fax method applies.
- The IRS EIN fax number is 855-215-1627.
- ein.so files the SS-4 for you: $49 Standard (4-7 business days) or $97 Express (2-3 business days).
If you have not formed the LLC or obtained the EIN yet, start there. ein.so prepares and faxes your SS-4 and delivers the EIN assignment letter by email. See EIN without SSN, EIN for non-residents, and the full EIN processing time breakdown. Once the EIN arrives, you have what Form 5472 requires.
5472 vs BOI
How Is Form 5472 Different From BOI Reporting?
Form 5472 is an annual IRS information return about transactions with foreign owners. BOI reporting is a separate FinCEN filing about who ultimately owns and controls the company. They are different agencies, different forms, and different deadlines, and both can apply to the same LLC.
Non-residents often confuse the two because both involve foreign ownership. The table below separates them clearly.
| Feature | Form 5472 | BOI Report |
|---|---|---|
| Agency | IRS | FinCEN |
| Purpose | Report transactions with foreign owner | Report beneficial owners |
| Filed with | Pro-forma Form 1120 | Filed alone at fincen.gov/boi |
| Frequency | Annual | When ownership or details change |
| Cost | $0 (IRS) | $0 (FinCEN) |
| Penalty | $25,000 per form, per year | Separate FinCEN penalties |
Filing one does not satisfy the other. A foreign-owned single-member LLC commonly files both. Review the BOI filing rules and the BOI filing deadline alongside this Form 5472 guide so neither requirement slips. ein.so handles the EIN; a US CPA handles the tax filings.
Cost Comparison
What Does Form 5472 Compliance Cost?
Form 5472 itself costs $0 to file with the IRS. Your real costs are the EIN you need first and the optional US CPA most non-residents hire because of the $25,000 penalty risk. The numbers below set expectations for a foreign-owned single-member LLC.
| Item | Provider | Cost |
|---|---|---|
| EIN application | ein.so Standard | $49 |
| EIN application (faster) | ein.so Express | $97 |
| EIN application | IRS direct | $0 (fax, self-filed) |
| Form 5472 filing | IRS | $0 |
| CPA to prepare 5472 + 1120 | US CPA | Varies — confirm with the CPA |
| ITIN (if you need one) | ein.so Standard / Express | $197 / $297 |
The EIN is a one-time cost. Form 5472 recurs every year. Many non-residents file the EIN through ein.so for $49, then engage a US CPA each spring for the annual Form 5472 and pro-forma Form 1120. Compare the EIN cost options and confirm any tax-preparation fee directly with your chosen CPA. ein.so does not provide tax advice or file Form 5472.
Next Steps
Your Form 5472 Action Plan
- Get your EIN — required on Form 5472 and the pro-forma Form 1120; $49 through ein.so
- File your BOI report — a separate FinCEN filing, free at fincen.gov/boi
- Engage a US CPA — confirm reportable transactions and prepare the annual Form 5472 + 1120
- File by April 15 — or extend to October 15 with Form 7004; keep proof of filing
- Repeat every year — each missed year is a fresh $25,000 penalty
Related guides: Form 5472 instructions | Form 5472 deadline | Form 5472 penalties | EIN for non-residents | EIN for LLC | EIN without SSN | SS-4 form guide | How to get an EIN | EIN for a bank account
ein.so files Form SS-4 with the IRS and delivers your EIN by email. We do not provide tax advice; confirm all Form 5472 specifics with a US CPA.
Frequently Asked Questions
Is Form 5472 required for a foreign-owned LLC?
Yes. Form 5472 is required for every foreign-owned single-member US LLC, plus US corporations with 25% or more foreign ownership. A single non-resident who owns 100% of a US LLC must file Form 5472 with a pro-forma Form 1120 each year. The filing is an information return, not always a tax bill.
What is the penalty for not filing Form 5472?
The penalty for not filing Form 5472 is $25,000 per form, per year. The IRS assesses it automatically when a required form is missing, late, or substantially incomplete. The penalty accumulates across years. The IRS can sometimes abate it for reasonable cause, but relief is not guaranteed.
When is Form 5472 due in 2026?
Form 5472 is due April 15, 2026, for the 2025 tax year, the same deadline as the attached Form 1120. You can request a 6-month extension to October 15 by filing Form 7004 before April 15. The extension moves the filing date, not any tax that may be owed.
Do I need an EIN to file Form 5472?
Yes. Your LLC's EIN is required on Form 5472 and on the pro-forma Form 1120. You cannot file without it. Non-residents apply for an EIN with Form SS-4 using a passport number on Line 7b. ein.so files the SS-4 with the IRS and delivers your EIN for $49 (Standard) or $97 (Express).
Can I file Form 5472 myself?
Yes, you can file Form 5472 yourself by mail or fax. Most non-residents hire a US CPA because the $25,000 penalty makes errors expensive. A CPA confirms which transactions are reportable and that the pro-forma Form 1120 is correct. ein.so handles the EIN step but does not provide tax advice.
What is a reportable transaction on Form 5472?
A reportable transaction is any monetary or property transfer between your US LLC and a foreign related party. This includes capital contributions, loans, repayments, payments for services, rent, and royalties. Even moving your own money into the LLC to fund it counts. Confirm the full list with a CPA.
Does a single-member LLC normally file Form 1120?
No. A single-member LLC is normally a disregarded entity that files nothing on its own. The foreign-owned exception changes that. The IRS treats a foreign-owned single-member LLC as a corporation only for Form 5472 reporting, so you attach Form 5472 to a pro-forma Form 1120 marked accordingly.
How do I file Form 5472 from outside the US?
File Form 5472 with a pro-forma Form 1120 by mail or by fax to the IRS. The IRS does not accept Form 5472 for foreign-owned disregarded LLCs through standard e-file consumer software. Many non-residents mail or fax the package, or have a US CPA file it. Keep proof of mailing or the fax confirmation.
Is Form 5472 the same as BOI reporting?
No. Form 5472 is an annual IRS information return about transactions with foreign owners. BOI reporting is a separate FinCEN filing about who owns and controls the company. Both can apply to the same LLC. Review the [BOI filing rules](/boi-filing/) in addition to Form 5472.
Do I owe US tax if I file Form 5472?
Filing Form 5472 does not by itself create a US tax bill. A foreign-owned single-member LLC with no US-sourced income often owes no US federal income tax. The form reports transactions for transparency. Your actual US and home-country tax depends on your facts. Confirm with a US CPA.
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