Form 5472 statistics and key figures (2026)
The Form 5472 penalty is $25,000 per tax year, plus $25,000 for each 30 days a failure continues more than 90 days after IRS notice, with no maximum. Below are 25 Form 5472 facts and figures, each linked to the official source it comes from.
Last reviewed · Sources: IRS, Treasury regulations, US Code, Federal Register, National Taxpayer Advocate
Editors’ pick
Top 5 Form 5472 statistics
1. $25,000
The penalty for not filing Form 5472 is $25,000 per tax year.
26 U.S.C. §6038A(d)(1) (Cornell LII) · Current statute (amount set by Pub. L. 115-97, 2017)
2. No cap
There is no maximum on the Form 5472 continuation penalty.
IRS: International information reporting penalties · IRS page last reviewed 20 August 2026
3. 55% / 71%
55% of 2018 systemic Form 5471/5472 penalties were abated, or 71% by dollar value.
National Taxpayer Advocate, 2020 Annual Report to Congress, MSP #8, Figure 1.8.1 · Calendar year 2018
4. 1 Jan 2017
Foreign-owned single-member LLCs have filed Form 5472 for tax years beginning on or after January 1, 2017.
T.D. 9796, 81 FR 89849 (Federal Register, 13 Dec 2016) · Tax years beginning on or after 1 January 2017
5. 1,529
1,529 foreign-owned US corporations with $500 million or more in receipts filed Forms 5472 for tax year 2021.
IRS SOI, Transactions of foreign-owned domestic corporations, Table 1 (TY 2021) · Tax year 2021 (released September 2024)
How much is the Form 5472 penalty?
The penalty amounts are set by statute in Internal Revenue Code section 6038A(d).
$25,000
The penalty for not filing Form 5472 is $25,000 per tax year.
IRC section 6038A(d)(1) sets a $25,000 penalty for each taxable year in which a reporting corporation fails to furnish the required information or maintain the required records.
Source: 26 U.S.C. §6038A(d)(1) (Cornell LII) · Period: Current statute (amount set by Pub. L. 115-97, 2017)
+$25,000 / 30 days
Another $25,000 accrues for each 30-day period a failure continues beyond 90 days after IRS notice.
If the failure continues for more than 90 days after the IRS mails a notice, section 6038A(d)(2) adds $25,000 for each 30-day period (or fraction of one) that it continues.
Source: 26 U.S.C. §6038A(d)(2) (Cornell LII) · Period: Current statute
No cap
There is no maximum on the Form 5472 continuation penalty.
The IRS international information reporting penalties page states, for Form 5472: “There is no maximum penalty amount.”
Source: IRS: International information reporting penalties · Period: IRS page last reviewed 20 August 2026
$10,000 → $25,000
The initial penalty rose from $10,000 to $25,000 for tax years beginning on or after January 1, 2018.
The Internal Revenue Manual gives the initial penalty as $25,000, or $10,000 for tax years beginning before January 1, 2018.
Source: IRM 20.1.9.5.4, Penalty Computation · Period: Tax years beginning on or after 1 January 2018
$10,000 / $50,000 cap
The comparable Form 5471 penalty is $10,000, with continuation penalties capped at $50,000.
The IRS lists $10,000 per failure for Form 5471 with a maximum continuation penalty of $50,000. For Form 5472 the amounts are $25,000 and there is no maximum.
Source: IRS: International information reporting penalties · Period: IRS page last reviewed 20 August 2026
To see how these amounts add up for a specific situation, use the Form 5472 penalty calculator.
How does the IRS enforce Form 5472 penalties?
How penalties are assessed, how often they are abated, and how long the IRS can assess tax.
2013
Since 2013 the IRS has automatically assessed Form 5472 penalties on late-filed Form 1120 returns.
Per the Internal Revenue Manual, beginning in 2013 the IRS Master File systemically assesses the initial section 6038A penalty on each Form 5472 attached to a late-filed Form 1120 series return, followed by a CP 215 notice.
Source: IRM 21.8.2.21.2 (10-01-2024) · Period: Since calendar year 2013
9,889
In 2018 the IRS systemically assessed 9,889 Form 5471/5472 penalties totalling $253,087,500.
The National Taxpayer Advocate's 2020 report to Congress gives these figures for systemic assessments of section 6038 (Form 5471) and 6038A (Form 5472) penalties combined; the report does not split them by form.
Source: National Taxpayer Advocate, 2020 Annual Report to Congress, MSP #8, Figure 1.8.1 · Period: Calendar year 2018
55% / 71%
55% of 2018 systemic Form 5471/5472 penalties were abated, or 71% by dollar value.
Of the systemic section 6038 and 6038A penalties assessed in 2018, 5,468 were abated ($179,532,000), per the National Taxpayer Advocate. The figures combine Forms 5471 and 5472.
Source: National Taxpayer Advocate, 2020 Annual Report to Congress, MSP #8, Figure 1.8.1 · Period: Calendar year 2018
3 years
The IRS assessment period cannot close until at least 3 years after missing Form 5472 information is furnished.
Under IRC section 6501(c)(8), for information required under section 6038A the time to assess tax for the related return does not expire before 3 years after the information is furnished.
Source: 26 U.S.C. §6501(c)(8) (Cornell LII) · Period: Current statute
Who has to file Form 5472?
Ownership thresholds and the 2016 rule that brought foreign-owned single-member LLCs in.
25%
A US corporation is 25-percent foreign-owned when one foreign person owns at least 25% of votes or value.
Section 6038A(c)(1) measures 25% of total voting power or total value of all classes of stock, owned at any time during the tax year by one foreign person.
Source: 26 U.S.C. §6038A(c)(1) (Cornell LII) · Period: Current statute
1 Jan 2017
Foreign-owned single-member LLCs have filed Form 5472 for tax years beginning on or after January 1, 2017.
T.D. 9796, effective December 13, 2016, treats a US disregarded entity wholly owned by a foreign person as a corporation for section 6038A, for tax years beginning on or after January 1, 2017 and ending on or after December 13, 2017.
Source: T.D. 9796, 81 FR 89849 (Federal Register, 13 Dec 2016) · Period: Tax years beginning on or after 1 January 2017
0 comments
The IRS received no written comments on the proposed rule that brought foreign-owned LLCs into Form 5472.
The T.D. 9796 preamble states that no written comments on the May 10, 2016 proposed regulations were received and no public hearing was requested or held.
Source: T.D. 9796, 81 FR 89849 (Federal Register, 13 Dec 2016) · Period: Proposed rule published 10 May 2016
$10,000,000
The under-$10,000,000 small corporation exception does not apply to foreign-owned disregarded entities.
Treas. Reg. section 1.6038A-1(h) relieves reporting corporations with less than $10,000,000 of US gross receipts from certain record rules, but excludes entities treated as corporations under the disregarded-entity rule.
Source: 26 CFR §1.6038A-1(h) (eCFR) · Period: Current regulation
$5,000,000
The $5,000,000 de minimis records safe harbor also excludes foreign-owned disregarded entities.
Treas. Reg. section 1.6038A-1(i) covers related-party payments of not more than $5,000,000 and under 10 percent of US gross income, but not entities treated as corporations under the disregarded-entity rule.
Source: 26 CFR §1.6038A-1(i) (eCFR) · Period: Current regulation
When is Form 5472 due?
Form 5472 is attached to a (pro forma) Form 1120 and follows that return's due date.
15th day, 4th month
Form 1120 with Form 5472 attached is generally due the 15th day of the 4th month after year end.
The Form 1120 instructions set this due date for corporations, and Form 5472 instructions say to file Form 5472 with the return by its due date (including extensions). Fiscal years ending June 30 differ.
Source: IRS Instructions for Form 1120 (2025), When To File · Period: 2025 instructions
6 months
Form 7004 gives an automatic extension of time to file that is generally 6 months.
Form 7004 must be filed by the return's regular due date. A foreign-owned disregarded entity writes “Foreign-owned U.S. DE” across the top and faxes or mails it to the address in the Form 5472 instructions.
Source: IRS Instructions for Form 7004 (Rev. 12/2025) · Period: Instructions revised December 2025
Items B and E
A pro forma Form 1120 for a foreign-owned LLC requires only the name, address, and items B and E.
The Form 5472 instructions say the only information required on the pro forma Form 1120 is the entity's name and address and items B and E on the first page.
Source: IRS Instructions for Form 5472 (Rev. 12/2024) · Period: Instructions revised December 2024
300 DPI
Foreign-owned LLCs can fax Form 5472 to the IRS, at a resolution of 300 DPI or higher.
Foreign-owned US disregarded entities use a dedicated fax number or mailing address (IRS Ogden PIN Unit) listed in the Form 5472 instructions, not the regular Form 1120 addresses.
Source: IRS Instructions for Form 5472 (Rev. 12/2024) · Period: Instructions revised December 2024
For an exact date, use the Form 5472 deadline calculator. State annual fees and report dates are in the LLC annual fees by state table.
How much recordkeeping does Form 5472 involve?
IRS time estimates and the regulation deadlines for producing records.
17 hr 42 min
The IRS estimates 17 hours 42 minutes of recordkeeping per Form 5472 for non-business filers.
The same IRS estimate adds 3 hours 4 minutes for learning about the law or the form and 3 hours 30 minutes for preparing and sending it. Business taxpayers' burden is reported under OMB number 1545-0123 instead.
Source: IRS Instructions for Form 5472 (Rev. 12/2024), Paperwork Reduction Act notice · Period: Instructions revised December 2024
10 hours
Treasury estimated an average annual recordkeeping burden of 10 hours per foreign-owned disregarded entity.
The Paperwork Reduction Act section of T.D. 9796 gives an estimated average annual recordkeeping burden per recordkeeper of 10 hours.
Source: T.D. 9796, 81 FR 89849 (Federal Register, 13 Dec 2016) · Period: Estimate published 13 December 2016
60 days
Records kept outside the US must be delivered or moved to the US within 60 days of an IRS request.
Treas. Reg. section 1.6038A-3(f) also requires translations of specific documents within 30 days of a request for translation.
Source: 26 CFR §1.6038A-3(f) (eCFR) · Period: Current regulation
What does IRS data show about Form 5472 filers?
IRS Statistics of Income (SOI) publishes Form 5472 data only for foreign-owned domestic corporations with total receipts of $500 million or more. It does not cover small LLCs.
1,529
1,529 foreign-owned US corporations with $500 million or more in receipts filed Forms 5472 for tax year 2021.
IRS Statistics of Income Table 1 for tax year 2021 counts 1,529 returns of foreign-owned domestic corporations (parents) with total receipts of $500 million or more and Forms 5472.
Source: IRS SOI, Transactions of foreign-owned domestic corporations, Table 1 (TY 2021) · Period: Tax year 2021 (released September 2024)
$1.78 trillion+
They paid more than $1.78 trillion to related foreign persons in tax year 2021, excluding loan balances.
SOI Table 1 reports amounts paid to related foreign persons of $1,783,209,153 thousand and amounts received from them of $1,265,170,341 thousand, excluding loan balances.
Source: IRS SOI, Transactions of foreign-owned domestic corporations, Table 1 (TY 2021) · Period: Tax year 2021 (released September 2024)
How to cite this page
You are welcome to quote these figures. Please link to this page and, where you can, to the official source listed next to each figure.
Form5472 Prep. "Form 5472 statistics and key figures (2026)." Last reviewed 5 October 2026. https://www.form5472prep.com/form-5472-statistics
How these figures were collected
Every figure was read directly from an official source: the US Code, Treasury regulations on eCFR, the Federal Register, IRS form instructions, the Internal Revenue Manual, IRS Statistics of Income and the National Taxpayer Advocate’s report to Congress. Figures are stated as the source states them, with the period they cover. The IRS penalty-assessment and abatement figures combine Forms 5471 and 5472 because the source does not split them. See our editorial policy.
Form 5472 statistics: common questions
What is the penalty for not filing Form 5472?+
$25,000 per tax year under IRC section 6038A(d). If the failure continues more than 90 days after the IRS mails a notice, another $25,000 applies for each 30-day period, and the IRS states there is no maximum penalty amount.
Do foreign-owned single-member LLCs file Form 5472?+
Under T.D. 9796, for tax years beginning on or after January 1, 2017, a US disregarded entity wholly owned by one foreign person is treated as a corporation for section 6038A. It files Form 5472 attached to a pro forma Form 1120.
How often are Form 5472 penalties abated?+
The National Taxpayer Advocate reported that 55% of the section 6038 and 6038A penalties the IRS assessed systemically in 2018 were abated, or 71% by dollar value. Those figures combine Forms 5471 and 5472.
Where do these figures come from?+
Each figure links to its official source: the Internal Revenue Code, Treasury regulations, the Federal Register, IRS instructions, the Internal Revenue Manual, IRS Statistics of Income and the National Taxpayer Advocate. The review date is shown at the top.
Can I quote these statistics?+
Yes. Use the citation line on this page and link to it. Where you can, also cite the official source shown next to each figure.
Need Form 5472 filed?
We prepare Form 5472 with the pro forma Form 1120 for foreign-owned US LLCs. Every filing is reviewed by a qualified accountant before it is submitted.