Single-member LLC with a foreign owner — what you actually have to file
If you are a non-US person who owns a single-member US LLC (Wyoming, Delaware, New Mexico, Florida, Nevada, or any state), you have one critical annual federal filing the IRS imposes on you: Form 5472 attached to a pro forma Form 1120. Miss it and the IRS charges $25,000 per year, per form — automatically, with no warning. This is the complete guide to what you owe, when, what your LLC actually pays (often nothing), and how to file it in 15 minutes.
Why the IRS singles out foreign-owned single-member LLCs
Do you actually have to file?
What you owe vs. what you file
The $25,000 penalty in detail
Typical foreign-owner LLC profiles
What's in the federal filing package
When and how to file
If you've missed prior years (DIIRSP)
Common scenarios we don't cover
The fastest way to file
Frequently asked questions
- I just formed my LLC and haven't done anything with it yet. Do I file?
- If your LLC had ANY transactions in the year — including the capital contribution to fund the bank account — yes, file Form 5472. If it had genuinely zero activity (no bank account opened, no money in or out), you can argue no reportable transaction occurred. Most owners file anyway for safety.
- Can my US CPA file this for me?
- They can, but most US-based CPAs see this filing once or twice in their career and aren't comfortable with it. Expect $400-$800 and 1-2 weeks of back-and-forth. Our flat-fee service from $79 takes 15 minutes and is reviewed by an accountant on our team.
- What if I have multiple foreign-owned LLCs?
- Each one needs its own Form 5472 + pro forma 1120 — separate filing per LLC. You'd start a separate filing in our portal for each LLC.
- Do I need a US ITIN or just my foreign tax ID?
- You don't need a US ITIN. Form 5472 accepts your foreign tax ID (FTIN) or a self-assigned Reference ID. If you leave the Reference ID blank in our wizard, we generate one based on your name (e.g. SMITH-J-A7B2).
- Does filing Form 5472 mean I owe US tax?
- No. Form 5472 is an information return — disclosure only. Most foreign-owned single-member LLCs owe $0 US federal income tax regardless of whether they file Form 5472. The form doesn't itself trigger any tax liability.
- What's the easiest US state for a foreign-owned LLC?
- Wyoming for cheapest ongoing fees ($60/year state, no state income tax). Delaware for investor-friendly governance (but $300/year franchise tax). New Mexico, Florida, Nevada also good. Avoid California and New York unless you have nexus there — they impose more state taxes.
- What if my LLC is dormant — no revenue all year?
- If you had even one capital contribution (e.g. wiring $1,000 to fund the bank account), that's a reportable transaction and you file. If truly dormant (no bank account, no activity), you may not have a filing obligation — but most owners file regardless to avoid the $25,000 penalty risk.
- How do I know if my LLC has US-source income?
- If your customers are outside the US and you have no fixed US place of business or US employees, your income is foreign-source. If you have a US warehouse (e.g. Amazon FBA), US employees, or US real estate, you may have US-source effectively connected income. Talk to a CPA for the borderline cases.
- Do I file BOI report too?
- Yes — separately. Beneficial Ownership Information report is due within 30 days of LLC formation, filed for free at fincen.gov. It's a separate FinCEN obligation, not part of Form 5472. We don't handle BOI; it's a self-serve 15-minute form on the FinCEN website.
- What's the worst case if I just never file?
- The IRS eventually issues a CP-15 penalty notice ($25,000 per missed year per form). If you ignore it past the 90-day window, continuation penalties stack at $25,000 per 30 days. A single LLC with 1 missed year could become $100,000+ in penalties within 18 months of ignored notices. Don't let it get there — file under DIIRSP now while it's still available.
Related guides
Form 5472 vs Form 1120 — What's the Difference?
Form 5472 and Form 1120 are two separate IRS forms that foreign-owned US LLCs must file together as one package. Form 1120 is the US corporate income tax return. Form 5472 is an information return about related-party transactions. For most foreign-owned single-member LLCs, the 1120 is filed "pro forma" — meaning most boxes are blank. Here's exactly what each form is, why you need both, and how the IRS expects them combined.
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.
The Form 5472 $25,000 Penalty Explained
Under IRC § 6038A(d), the IRS automatically assesses a $25,000 penalty per Form 5472 that is filed late, filed incompletely, or not filed at all — per year, per LLC. The penalty stacks at $25,000 per 30-day period if you don't fix it within 90 days of an IRS notice. Here's exactly how the penalty works, who it applies to, how to either avoid it entirely, and how to request abatement if you've already triggered it.
Wyoming LLC Form 5472 Filing Guide
Wyoming is the most popular state for foreign-owned US LLCs because of its low fees, no state income tax, strong privacy laws, and cheap registered agent ecosystem. But Wyoming residency doesn't exempt you from federal filings — every foreign-owned Wyoming LLC must file IRS Form 5472 with pro forma Form 1120 by April 15 each year, with a $25,000 penalty if missed. This is the complete federal + Wyoming-state filing playbook for foreign owners.
Delaware LLC Form 5472 Filing Guide
Delaware is the #2 most popular state for foreign-owned US LLCs after Wyoming. Stripe Atlas defaults to Delaware, so a large share of foreign-founder LLCs are Delaware entities. If you formed a Delaware LLC and you're not a US person, you must file IRS Form 5472 with pro forma Form 1120 every year — even if your LLC had zero revenue. This is the full Delaware-specific filing playbook including the federal Form 5472, the $300 Delaware franchise tax, and the differences from Wyoming.
Stripe Atlas LLC owners — Form 5472 is on you, not Stripe
Stripe Atlas makes US LLC formation effortless for foreign founders — Delaware LLC + EIN + Mercury bank account in days. What Stripe Atlas explicitly does NOT handle is the annual IRS filing your LLC owes every year: Form 5472 + pro forma Form 1120. Skip it and the IRS charges $25,000 per year, per form. This is the complete Stripe Atlas + Form 5472 playbook — including the typical year-2 surprise, the Delaware franchise tax, and how to catch up if you've missed prior years.