Form 5472 + 1120 filing service

Foreign-Owned US LLC Tax Filing Requirements

If you are a non-US person who owns a US single-member LLC, you have specific federal tax filing obligations even if your LLC made zero revenue and owes zero US tax. The main universal requirement is Form 5472 with an attached pro forma Form 1120, due April 15. Beyond that, your state filings, ITIN need, FBAR/FATCA exposure, and sales tax obligations depend on your specific facts. This is the complete map.

  • 15 min

    average completion

  • IRS forms

    filled, not redrawn

  • Faxed for you

    to Ogden PIN Unit

  • Receipt stored

    proof of filing

What forms make up the complete federal filing?#

Every foreign-owned US single-member LLC must file Form 5472 with an attached pro forma Form 1120, every tax year. Due April 15 (October 15 with Form 7004 extension). $25,000 penalty per form per year if missed. This filing is informational only — it discloses the related-party transactions between you and the LLC. It does not calculate any tax. For most foreign-owned LLCs, the actual US federal tax owed is $0. This is not optional and there's no income threshold below which you skip it. A foreign-owned LLC with $0 revenue and one $100 capital contribution still files Form 5472 every year.

Do you owe US federal income tax?#

Most foreign-owned single-member LLCs owe $0 in US federal income tax. The default rule: a foreign person is taxed in the US only on US-source income that is effectively connected with a US trade or business (ECI) — or on fixed/determinable annual or periodic US-source income (FDAP) subject to withholding. What doesn't trigger US tax: • Selling SaaS, info products, or services from overseas to customers anywhere. • Dropshipping or wholesale where you don't have inventory in the US. • Consulting performed outside the US. • Capital gains from non-US assets held by the LLC. What does trigger US tax: • Having a fixed place of business in the US (office, employees, warehouse). • Dependent agents acting on your behalf in the US. • US-source dividends, interest, royalties (subject to FDAP withholding). • Real estate income from US property (always taxable to non-US owners). If your facts match the first list, your LLC owes no US income tax and you file only Form 5472 + pro forma 1120. If they match the second, you have additional filing obligations and should consult a CPA — our service handles the universal case, not the complex ones.

What are the state tax filings by state?#

State requirements depend on where you formed your LLC, not where you live. Most-popular states for foreign LLC owners: • Wyoming: no state income tax, no franchise tax. Annual report due in the LLC's formation anniversary month, $60. • Delaware: no state income tax for LLCs without DE operations. Annual franchise tax $300, due June 1. • New Mexico: no state income tax. Annual report required but no fee. • Florida: no state income tax. Annual report due May 1, $138.75. • Nevada: no state income tax. State business license $200 + annual list $150 = ~$350/year. • Texas: no state income tax. Franchise tax due May 15, $0 for most small LLCs but the report is still required. If you formed in California, New York, or another income-tax state, you have additional state-level income tax filings even if you live abroad. These states tax LLCs on their entity-level activity, not just on owner residency. We handle the federal Form 5472 + 1120 only. State filings you do directly with the state — it's typically a 10-minute form on the state's website.

What are FBAR and FATCA, and do I need to file?#

FBAR (Report of Foreign Bank and Financial Accounts) is filed by US persons (US citizens, green-card holders, US tax residents) who have signing authority over foreign financial accounts totaling $10,000+ during the year. Foreign owners of US LLCs are generally NOT US persons and don't file FBAR personally. Whether the LLC itself files FBAR depends on whether the LLC has foreign accounts (rare for most US-formed LLCs). FATCA Form 8938 (Statement of Specified Foreign Financial Assets) similarly applies to US persons — not foreign owners. The rare case where you might need these: if your foreign-owned US LLC opens financial accounts outside the US (e.g. a Wise or Revolut business account based in EU). The LLC is treated as a US person for some federal tax purposes, which can trigger LLC-level FBAR filing. For most foreign-owned US LLCs banking with Mercury, Wise USD, or other US-based options, no FBAR is required. This is one area to double-check with a tax professional if your LLC has any non-US bank accounts.

Do you need a US ITIN?#

Most foreign-owned LLC owners do NOT need an ITIN. When you DON'T need one: • You only file Form 5472 + pro forma 1120 (your foreign tax ID / FTIN or a self-assigned Reference ID works in lieu of ITIN). • Your LLC owes no US federal income tax. • You don't personally file Form 1040-NR. When you DO need one: • You have US-source income requiring a personal Form 1040-NR filing. • You're claiming a tax treaty benefit (Form W-8BEN with treaty rate). • You're the responsible party for a US LLC and want to apply for an EIN online via the IRS portal (online EIN application requires a US tax ID; otherwise apply by fax SS-4 without an ITIN). Getting an ITIN takes 8-16 weeks and requires a certified copy of your passport submitted with Form W-7. Most foreign LLC owners skip this entirely and use FTIN or Reference ID on Form 5472.

Do I need to file sales tax?#

If your LLC sells physical goods or certain digital products to US customers, you may have state sales tax obligations after crossing economic nexus thresholds. Typical thresholds (vary by state): • $100,000 in gross sales to that state per year, OR • 200 separate transactions to that state per year. Once you cross the threshold in a state, you must register, collect, and remit sales tax for that state — even from abroad. Services and many digital products (SaaS, info products) are exempt in most states, though a growing number now tax SaaS. Physical goods (dropshipping, Amazon FBA, custom merchandise) are generally taxable. This is a separate compliance area from Form 5472. We don't handle sales tax — services like TaxJar, Avalara, or Stripe Tax automate the registrations and filings.

What is BOI, and do I have to file it?#

Under the Corporate Transparency Act, most US LLCs (including foreign-owned ones) must file a Beneficial Ownership Information report with FinCEN within 30 days of formation. This is separate from any tax filing. Update filings are required when ownership or company information changes. Note: BOI enforcement has been the subject of ongoing litigation and policy shifts. Check current FinCEN guidance before filing — the obligation has been on, off, and conditionally on at various points. As of 2026 most foreign-owned domestic LLCs are still required to file the BOI report. We don't handle BOI — file it directly at fincen.gov. It's free and takes about 15 minutes.

What our service covers vs. what we don't#

We handle: • Federal Form 5472 + pro forma Form 1120 (annual filing). • Multi-year DIIRSP catch-up (2 or 3 years). • Reasonable Cause Statement for late filings. • IRS Ogden PIN Unit fax delivery + timestamped receipt. • Accountant review before submission. • 100% money-back guarantee if we fail to submit. We don't handle: • State income tax filings (if your formation state has them). • State franchise tax / annual reports (handled directly with the state). • Personal Form 1040-NR (if you have US-source income requiring it). • ITIN applications. • FBAR / FATCA. • Sales tax registrations / filings. • BOI reports with FinCEN. • Bookkeeping / accounting. For the standard foreign-owned single-member LLC profile (Wyoming or Delaware LLC, owner abroad, ecommerce or SaaS or consulting income, customers worldwide), our service covers the federal piece that triggers the largest penalty risk. The other items are typically self-serve.

What is your typical compliance profile by business type?#

Ecommerce / dropshipping (Shopify, WooCommerce): • Form 5472 + pro forma 1120 (us) • State annual report (formation state, self-serve) • Sales tax in nexus states (TaxJar / Stripe Tax) • BOI report (FinCEN, self-serve) SaaS / digital product: • Form 5472 + pro forma 1120 (us) • State annual report (formation state, self-serve) • Sales tax only in SaaS-taxing states if nexus crossed • BOI report (FinCEN, self-serve) Consulting / agency: • Form 5472 + pro forma 1120 (us) • State annual report (formation state, self-serve) • Likely no sales tax • BOI report (FinCEN, self-serve) • Possible 1040-NR if any US-source consulting work Real estate / US property holding: • Form 5472 + pro forma 1120 (us, but this is the easy case — talk to a CPA) • Form 1040-NR personally (CPA) • State income tax in the property's state (CPA) • Form 8288 withholding on sale (CPA)

File the federal piece in 15 minutes#

Federal Form 5472 + pro forma 1120 is the universal filing every foreign-owned US LLC owes and the one with the biggest penalty for missing it ($25,000 per form per year). Our wizard handles the entire package in 15 minutes: • Standard: $199 (fax included) • Rush: $279 (fax included) • Premium: $449 (fax included) • +$149 per additional past year Every package is reviewed by an accountant on our team before we fax it to the IRS Ogden PIN Unit. 100% money-back guarantee if we fail to submit.

Skip the work — file in 15 minutes.

We generate every form, you sign one PDF, we fax it to the IRS Ogden PIN Unit. Starting at $199. IRS fax delivery included on every plan.

  • Filled IRS Form 5472 + pro forma 1120
  • Reasonable cause statement (if late)
  • Faxed to IRS Ogden PIN Unit
  • 100% money-back guarantee

Pricing

Flat-rate Form 5472 filing.

One-time fee per filing. No subscription. IRS fax delivery to the Ogden PIN Unit is included on every plan.

Fax filing included on every plan
Reviewed by a qualified tax accountant

Standard

Prepared in 3-5 business days

$199/ filing

  • Reviewed by a qualified tax accountant before submission
  • Form 5472 + pro forma 1120 prepared
  • Fax filing to IRS Ogden included
  • Filing confirmation
  • Reasonable-cause letter (for late filings)
  • Email support
Most popular

Rush

Prepared in 24 hours

$279/ filing

  • Everything in Standard
  • 24-hour turnaround
  • Priority email support
  • Next-year filing reminder (March email)

Premium

Same-day, full support

$449/ filing

  • Everything in Rush
  • Same-day turnaround (12 hours)
  • IRS letter handling (1 year)
  • BOI filing review

+ $149 per additional year·Saves you from the $25,000-per-form IRS penalty

Frequently asked questions

My LLC made zero revenue. Do I still file?
Yes. Form 5472 is required even with zero revenue, as long as you had any reportable transaction — including the initial capital you put in to fund the bank account or pay formation fees.
Do I owe US income tax on my LLC's profits?
Generally no, if your LLC has no US trade or business and no US-source income. Profits flow through to you as the owner, taxable in your country of residence. Form 5472 is still mandatory regardless.
What if I have employees in the US?
Then you have significantly more requirements: payroll taxes (Form 941), worker's comp insurance, unemployment insurance, and likely state tax filings. Talk to a US payroll service (Gusto, OnPay) and a CPA. This is well beyond Form 5472 territory.
I sell on Amazon FBA in the US. What changes?
FBA inventory stored in US warehouses can create a US trade or business, potentially triggering ECI (effectively connected income) and US tax liability. Plus you have sales tax obligations in every state where FBA stores your inventory. Consult a CPA familiar with foreign sellers — Form 5472 is necessary but not sufficient in your case.
Do I need a US bank account to file?
No. Most foreign-owned LLCs use Mercury, Wise, Relay, or Brex for banking. Form 5472 doesn't ask which bank you use — just the total assets and the transactions between you and the LLC.
I formed my LLC mid-year. Do I file for that year?
Yes. Your first year's Form 5472 covers the partial year from formation date to December 31. The deadline is still April 15 of the following year.
Can I file Form 5472 retroactively if I never filed before?
Yes — under DIIRSP. You file all missed years together with a reasonable cause statement requesting penalty abatement. Our 2-year and 3-year catch-up packages handle this.
What if I dissolved my LLC mid-year?
You still file Form 5472 for the partial year ending at dissolution. The deadline is the 15th day of the 4th month after the LLC's final month — same logic as the annual deadline applied to a short tax year.
Do I need to file in the state where I live?
Your home country's tax rules apply to YOU as the owner — most countries tax their residents on worldwide income, which includes profits from your US LLC. The US filings (Form 5472 + 1120) are separate and required by the IRS regardless of where you live.
Does your service handle multi-member LLCs?
No. Our service is built specifically for single-member, foreign-owned, disregarded-entity LLCs. Multi-member LLCs require Form 1065 (partnership return), 8865 (foreign partnership) or full Form 1120 with real income reporting — more complex than our wizard supports. You'd need a CPA familiar with international partnerships.

Related guides