In the absence of an entity classification election to treat a US LLC as a corporation for US tax purposes, a single member US LLC is classified as a branch or an entity disregarded from its owner and, consequently, generally does not file a US income tax return.
If neither the foreign owner nor the single member US LLC has US business income or unwithheld US investment income, a US income tax return may not be required. However, if the LLC has reportable transactions—such as loans, contributions, or payments—with a related party, it must file Form 5472 with the IRS.
If you are a foreign individual or entity with 100% ownership in a US Limited Liability Company (LLC), you may have a federal Form 5472 reporting obligation. Failing to meet these requirements could result in significant penalties, so it’s essential to understand what’s required.
Due Date: Form 5472 is due every year on April 15 for single member US LLCs with an owner who uses a calendar year or if the owner does not have a US tax filing requirement. A six-month extension can be requested by filing Form 7004 before the deadline.
Tax ID Requirement: The LLC must obtain a US Taxpayer Identification Number (TIN) to submit Form 5472 or request an extension on Form 7004.
Pro Forma Form 1120: Form 5472 must be filed along with a simplified version of Form 1120 (US Corporation Income Tax Return). This form only requires the name and address of the foreign-owned US disregarded entity (DE), and items B and E on the first page with “Foreign-owned US DE” written across the top.
Penalties for Late Filing: If Form 5472 is not filed on time or is incomplete, the IRS may impose a $25,000 penalty per form. If the LLC has transactions with multiple related parties, a separate Form 5472 is required for each, and penalties can add up quickly.
US LLC must report even if used for personal use. Form 5472 is required if it has a reportable transaction, even if the US LLC only holds property for personal use and does not operate a US business
Residency Changes: If the LLC’s owner changes tax residency status (e.g., a US green card holder relinquishes their status), Form 5472 may become required.
If you own a foreign-owned single member US LLC and have had any transactions with a related party, it’s crucial to meet the April 15 deadline to avoid penalties. Consult a tax professional to ensure compliance and properly complete the necessary forms.
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