If you’re a non-US resident who owns a US LLC, you’re likely required to file IRS Form 5472—and yes, you can absolutely do it yourself without hiring an accountant. In this comprehensive guide, we’ll walk you through the process step by step, covering the essential details, deadlines, and links to the official IRS resources.
Filing Form 5472 correctly can help you avoid costly penalties and keep your LLC in good standing. Let’s break it down.
What Is IRS Form 5472?
Form 5472 is an informational return required by the IRS for any US LLC that is at least 25% foreign-owned. Most often, this applies to single-member LLCs owned by non-resident aliens.
It is used to disclose reportable transactions between the LLC and its foreign owner. While no tax is usually owed, failure to file can result in a penalty of $25,000 or more.
This requirement stems from the IRS’s effort to prevent tax avoidance and improve transparency with foreign-owned entities operating in the United States. Even if your LLC is dormant or only holds a bank account, you’re likely still required to file.
Who Needs to File Form 5472?
You need to file Form 5472 if:
- You are a non-US resident (foreign person) who owns 100% of a US LLC.
- Your LLC is disregarded for tax purposes (i.e., it has not elected to be taxed as a corporation).
- Your LLC had any financial activity during the tax year (even minimal, like a bank transfer).
What if My LLC Didn’t Make Money?
Even if your LLC had zero income or no sales, but it received a capital contribution, paid for expenses, or moved money between personal and business accounts, the IRS considers those reportable transactions.
Note: You must also file a pro forma Form 1120 (a blank corporate return) to submit Form 5472, even though your LLC doesn’t pay corporate tax.
Important Deadlines for Form 5472
- Due Date: April 15th (or the next business day if it falls on a weekend or holiday).
- Extension: You can file Form 7004 to extend your deadline to October 15th.
How to File an Extension
To request an extension, fill out Form 7004 and submit it electronically before April 15. While this gives you more time, be aware that the IRS doesn’t grant extensions easily if Form 5472 is overlooked altogether.
Late filing leads to a $25,000 penalty per form, so mark your calendar and consider setting annual reminders.
Step-by-Step: How to File Form 5472 Without an Accountant
Step 1: Get an EIN (Employer Identification Number)
You must have an EIN before you can file Form 5472. If you don’t already have one:
- Apply online via the IRS: https://www.irs.gov/businesses/small-businesses-self-employed/apply-for-an-employer-identification-number-ein-online
Tip: Non-US residents usually must apply by fax or mail using Form SS-4, because the online system is not available to those without a US Taxpayer Identification Number (SSN or ITIN).
To apply:
- Fill out Form SS-4 completely
- Include your foreign address
- Fax to the IRS at: +1 855-641-6935
Expect to receive your EIN within 1–3 weeks.
Step 2: Download the Required IRS Forms
You’ll need:
- Form 5472 (PDF): Download here
- Form 1120 (PDF): https://www.irs.gov/pub/irs-pdf/f1120.pdf
- (Optional) Form 7004 (PDF) for filing an extension: https://www.irs.gov/pub/irs-pdf/f7004.pdf
Step 3: Fill Out the Pro Forma Form 1120
Although your LLC doesn’t pay corporate tax, the IRS requires a blank Form 1120 to “host” Form 5472.
Only fill out the following sections:
- Top Information Box: LLC name, address, and EIN
- B (Employer Identification Number)
- E (Total Assets): You can input the bank account balance at year-end
- K (Check Final Return box if dissolving)
- Leave the rest blank
Write “Foreign-Owned U.S. DE Disregarded Entity Filing Form 5472” across the top of the form.
Why this matters: Form 5472 cannot be filed independently. Submitting it without a pro forma 1120 will result in rejection or penalties.
Step 4: Complete Form 5472
Refer to the official IRS instructions for detailed guidance. Below are the key sections you need to complete:
Part I – Reporting Corporation Information
- LLC name, EIN, and address
- Date of formation
- Total assets (same as on Form 1120)
Part II – 25% Foreign Shareholder
- Your full name and address (as the foreign owner)
- Country of incorporation (use your country of residence)
- Ownership percentage (typically 100%)
Part IV – Reportable Transactions
Include:
- Capital contributions (money you put into the LLC)
- Loans made to or from the LLC
- Payments between the owner and the LLC (consulting, rent, etc.)
Tip: Even a single bank transfer can be considered a reportable transaction. Always err on the side of disclosure.
Step 5: Sign and File by Mail or Fax
Form 5472 cannot be e-filed. You must mail or fax both forms (5472 and 1120) together to:
Mailing Address: Department of the Treasury
Internal Revenue Service Center
Ogden, UT 84201-0012
USA
Fax Number: +1 855-215-1627 (recommended for faster delivery)
Tip: Keep a fax confirmation or certified mail receipt as proof of timely filing.
Common Mistakes to Avoid
- Missing the deadline — results in $25,000+ penalties.
- Forgetting the pro forma 1120 — Form 5472 must be attached to it.
- Not reporting capital contributions — even if you just funded the LLC.
- Using the wrong EIN or address — double-check for accuracy.
- Assuming no income means no filing — transactions, not profit, trigger the filing.
Frequently Asked Questions
Do I owe any tax when filing Form 5472?
No, filing Form 5472 is informational only. It does not trigger tax unless your LLC elects to be taxed as a corporation or has US-sourced income.
What if I didn’t file in previous years?
You may be able to file retroactively, but expect potential penalties. The IRS can assess a $25,000 fine per missed year. Speak with a tax professional to discuss a voluntary disclosure or reasonable cause letter.
Can I use a registered agent or virtual address?
Yes, many foreign-owned LLCs use a registered agent service or virtual business address to receive IRS correspondence. These services are often required when forming a US LLC as a non-resident.
What counts as a reportable transaction?
Reportable transactions include:
- Opening or funding a US bank account
- Transferring money between the owner and the LLC
- Paying business expenses using personal funds
- Receiving payments from clients (even if not yet profitable)
Conclusion: You Can File Form 5472 Without an Accountant
Filing IRS Form 5472 as a non-US resident may seem daunting at first, but with the right resources and clear instructions, it’s entirely doable. Make sure to:
- Obtain an EIN
- Download and prepare Forms 5472 and 1120
- Identify and report all relevant transactions
- File by fax or mail before the deadline
By following this guide, you can stay compliant and avoid unnecessary fees, all without hiring an accountant.
Need help forming your US LLC or getting a registered agent? BusinessAnywhere makes it easy for non-US residents to build and maintain a US-based business.
Official IRS Resources:
