Who has to file Form 5472?
Any US corporation that is 25%-or-more foreign-owned — and, since 2017, any
foreign-owned single-member LLC treated as a disregarded entity. If you live outside the US and
own a US LLC by yourself, this almost certainly means you. The form is filed together with a
pro-forma Form 1120.
What happens if I don't file it?
The IRS penalty is $25,000 per required Form 5472, per year — and if it is still
unfiled 90 days after the IRS notifies you, an additional $25,000 for each further 30-day
period. It applies even if your LLC owed no tax. This single form is the reason our
practice exists.
My LLC had no income this year. Do I still need to file?
Usually yes. Form 5472 reports "reportable transactions" with the foreign owner,
not just income — and contributions you made to the LLC (formation costs, the registered-agent
fee you paid, money you moved in) count. A dormant-looking LLC very often still has a filing
obligation.
When is the deadline?
Form 5472 is due with the pro-forma 1120 by April 15 for calendar-year LLCs. A
six-month extension to October 15 is available by filing Form 7004 — something we handle for
every client who engages us near the deadline.
Do I need an FBAR too?
If the combined value of your non-US financial accounts exceeded $10,000 at any
point in the year and you're a "US person" (which can include your US entity's obligations),
FinCEN Form 114 applies. We assess this as part of every intake — it takes one question to
check and a five-figure penalty to ignore.
I've already missed one or more years. Is it fixable?
Often, yes. Penalties can be contested through reasonable-cause abatement, and
late filings are far better received when they arrive before an IRS notice does. Tell us in
the intake form that you have missed filings — it changes the strategy, not our willingness to
help.
General information, not tax advice for your specific situation. That's what the intake form starts. Unfamiliar terms are explained in the glossary.