Late Form 5472 Filing Service for Missed Years

The IRS publishes the Delinquent International Information Return Submission Procedures (DIIRSP). Its eligibility wording covers taxpayers who:

• are not under a civil examination or a criminal investigation by the IRS, and
• have not already been contacted by the IRS about the delinquent information returns.

If that fits, the IRS says to file the delinquent returns "through normal filing procedures". For a foreign-owned LLC we read that as the pro forma 1120 with Form 5472 attached, sent as the Form 5472 instructions direct. That reading is ours: the DIIRSP page does not mention disregarded entities by name.

If you already have an IRS notice, that is a different situation. Answer the notice by its deadline. Our free late-filing checker shows which route fits your facts.

• One Form 5472 and pro forma 1120 package for each missed year, with that year's figures
• A reasonable-cause statement for each late year, written from your answers about why the filing was missed
• A cover letter for the delinquent submission
• Review of every year's package by a qualified accountant before you sign
• Fax delivery of each package to the IRS Ogden PIN Unit, with a timestamped receipt for each

For each year we ask for the money that moved between you and the LLC, loans, related-party payments and the year-end total assets. If amounts were in another currency, the IRS yearly average exchange rates table converts them to US dollars.

Treas. Reg. §1.6038A-4(b) allows certain failures to be excused for reasonable cause, including not filing Form 5472 on time. The statement has to set out all the facts and carry a declaration that it is made under penalties of perjury.

• The decision is made case by case, on all the facts and circumstances.
• An honest misunderstanding of fact or law, reasonable for someone with your experience, can qualify.
• For a small corporation (gross receipts of $20,000,000 or less) that did not know the rules, has limited US presence and promptly complies with IRS requests, the regulation tells the IRS to apply the exception liberally.

We write each statement from your facts. We do not invent reasons, and you sign it.

Each late year is a separate return with its own penalty exposure, so each gets its own reasonable-cause statement.

The facts often differ from year to year: when the LLC was formed, when you learned of the rule, what changed in between. A statement written for the specific year says what happened in that year, rather than repeating one general explanation across several returns.

• No penalty outcome. The DIIRSP page itself says: "Penalties may be assessed in accordance with existing procedures."
• No first-pass review of your statement. The IRS says penalties may be assessed during processing without considering the attached statement. You may need to answer later IRS letters and resubmit the reasonable-cause information.
• No other missed returns. Form 1065, Form 1040-NR and state filings are outside this service.
• No tax advice. If you face an existing penalty or an examination, speak to a tax professional.

• File each year yourself. Possible, but each year needs its own package, its own figures and its own statement. A mistake made once tends to repeat in every year.
• An accounting firm. Sensible if you face an existing penalty, an examination or other unfiled returns, where advice matters more than paperwork.
• A filing service like ours. Fits the common case: a single-member LLC owned by one foreign person, unfiled years, no IRS contact yet. One questionnaire covers every year you select.

Before deciding, the penalty calculator shows the statutory exposure for the years involved.

You pay for the first year at your chosen plan, then +$99 for each additional past year.

• Standard: $149 for the first year, ready in 5-7 business days
• Express: $199 for the first year, ready within 3 business days
• Two years on Standard: $248. Three years: $347.

Every late year includes its own reasonable-cause statement. See the pricing page.