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Do you need to file Form 5472?

Form 5472 applies even with $0 in sales. A missed year costs $25,000. The penalty has no cap. Check if your company must file. Then get the free filing manual.

ForType not in the name
Form 5472 is an IRS rule for foreign-owned companies.

A U.S. LLC owned by one person outside the U.S., or a corporation with a foreign owner of 25% or more, must file it for every year with a reportable transaction. The owner’s opening deposit counts. Revenue does not matter.

Filing is routine once you know your deadline.

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How this checker decides

Form 5472 is for a "reporting corporation" that had a "reportable transaction" with a related party. Since tax year 2017, a U.S. LLC wholly owned by one foreign person counts as a reporting corporation. The checker reads the entity type from your company name (LLC, Inc., Corp.) and applies these rules:

Your companyOwnerResultWhere the rule comes from
Single-member LLCForeign person, and money passed between you and the LLCFile Form 5472 with a pro forma Form 112026 CFR § 1.6038A-1(c)(1) and § 1.6038A-2(b)(3)(xi)
Single-member LLCForeign person, nothing passed at allNot required for that year. Confirm with a tax professionalForm 5472 instructions, "Exceptions from filing"
Single-member LLCU.S. citizen or residentNo Form 5472§ 6038A applies to foreign-owned companies
CorporationA foreign person held 25% or more of the vote or value, directly or indirectly, at any time in the yearFile Form 5472 with Form 112026 U.S.C. § 6038A(c)
S corporationCannot have a nonresident alien as a shareholderNormally no Form 5472. If a foreign person directly owns shares, the S election may be invalid26 U.S.C. § 1361(b)(1)(C)
Multi-member LLC taxed as a partnership (no Form 8832 election)AnyNo Form 5472. Partnership rules apply instead26 CFR § 1.6038A-1(c)(1); Form 5472 instructions, "Who must file"

Why the penalty matters

The IRS assesses these penalties automatically when a return arrives late. From 2018 to 2021 it assessed about 10,000 penalties a year under the Form 5471 and 5472 rules, worth $390.8 million a year. 83 percent of the business penalties went to small and midsize companies. Each Form 5472 penalty is $25,000, and the IRS says there is no maximum amount.

Questions people ask

Does a foreign-owned LLC with zero revenue have to file Form 5472?

Usually yes in the first year. The test is a reportable transaction, not revenue. The owner’s opening deposit counts as one, and so do amounts paid or received in connection with forming the LLC.

Does a C corporation with a foreign shareholder file Form 5472?

Yes, when a foreign person owned 25% or more at any time in the year and the corporation had a reportable transaction with that person. The form is attached to the corporation’s Form 1120.

Can I e-file Form 5472 for my single-member LLC?

No. The instructions say a foreign-owned U.S. disregarded entity cannot file Form 5472 electronically. You send it by fax or by mail to a special IRS unit in Ogden, Utah.

How large is the penalty if I miss Form 5472?

$25,000 for each tax year with a failure. After an IRS notice, a further $25,000 can apply for each 30-day period that passes after 90 days. Filing a substantially incomplete form counts as a failure to file.

Sources

This checker is general information based on the sources above, not tax advice. For decisions about your situation, talk to a CPA or enrolled agent.