I'm not a US person and own a single-member US LLC. What does it have to file with the IRS?

Checked on 2026-10-25

A US single-member LLC wholly owned by a foreign person is treated as a corporation for this reporting rule. If it had reportable transactions with a related party, such as money paid in or taken out, it files Form 5472 attached to a pro forma Form 1120, by fax or mail. Not filing costs $25,000.

Key facts

What	IRS guidance says	Source
Normal tax treatment	A single-member LLC that doesn’t elect to be a corporation is a “disregarded entity”: its activity goes on the owner’s return	IRS, Single member LLCs
Foreign-owned US DE	A domestic disregarded entity wholly owned by a foreign person; treated as a corporation for the limited purposes of the section 6038A reporting rules	Instructions for Form 5472, Definitions
Foreign person	Includes an individual who is not a US citizen or resident, and a company not created or organized in the US	Instructions for Form 5472, Definitions
What to file	Form 5472 attached to a pro forma Form 1120; on Form 1120 only the name, address and items B and E	Instructions for Form 5472, When and Where To File
Deadline	The Form 1120 due date, including extensions	Instructions for Form 5472, When and Where To File
How	Fax (300 DPI or higher) to 855-887-7737, or mail to Internal Revenue Service, 1973 Rulon White Blvd, M/S 6112, Attn: PIN Unit, Ogden, UT 84201. Not electronically	Instructions for Form 5472, When and Where To File; Electronic Filing
Extension	Form 7004, filed by the regular due date, to the same fax number or address	Instructions for Form 5472, Extension of time to file
Penalty	$25,000 for not filing when due and in the prescribed manner; a substantially incomplete form counts as not filing	Instructions for Form 5472, Penalties
EIN	The LLC uses its own name and EIN for Form 5472	Instructions for Form SS-4, line 9a

Why an LLC that pays no tax still files

For income tax, the IRS ignores a single-member LLC and puts its activity on the owner’s return. But since the 2017 final regulations under section 6038A, a US disregarded entity wholly owned by a foreign person counts as a corporation for these reporting rules. The instructions say such an entity has no income tax return filing requirement, yet must file a pro forma Form 1120 with Form 5472 attached. It uses its owner’s US tax year or, if the owner has none, the calendar year.

What counts as a reportable transaction

Form 5472 reports transactions with “related parties”, which include any direct or indirect 25% foreign shareholder and persons related to the reporting corporation or to such a shareholder. For a foreign-owned DE, Part V covers transactions such as amounts paid or received in connection with forming, dissolving, acquiring or disposing of the entity, including contributions to it and distributions from it. Parts IV and VI cover things like sales, rents and other payments, and non-monetary transactions.

The instructions exempt a foreign-owned DE from filing only if it had no reportable transactions of the kinds in Parts IV, V and VI. Several other filing exceptions in the instructions expressly don’t apply to foreign-owned US DEs.

How to file

Write “Foreign-owned U.S. DE” across the top of Form 1120. Fax or mail it with Form 5472 to the dedicated fax number or Ogden address above, not to the usual Form 1120 addresses. A foreign-owned DE can’t file Form 5472 electronically. For more time, file Form 7004 by the regular due date, with the Form 1120 code on Part I, line 1 and “Foreign-owned U.S. DE” written across the top.

Penalties

The instructions set a $25,000 penalty for not filing Form 5472 when due and in the prescribed manner, and for not keeping the required records. If the failure continues more than 90 days after the IRS notifies you, a further $25,000 applies for each 30-day period (or part of one). Criminal penalties may also apply for not submitting information or filing false information.

Getting the LLC’s EIN without an SSN: see the EIN page.
Whether the LLC must report its owners to FinCEN: see the BOI page.

Sources

IRS: Instructions for Form 5472 (12/2024) checked 2026-10-25
IRS: Single member limited liability companies checked 2026-10-25
IRS: Instructions for Form SS-4 (12/2025), line 9a (Disregarded entities) checked 2026-10-25

Change history

2026-10-25: Page created

This is general information, not legal advice, and Lumen is not a law firm. Rules change and offices differ: check the official sources above before you act. Found something wrong or out of date? Write to support@lumen.observer.