What is the penalty for not filing Form 5472?

The penalty for failing to file Form 5472 is $25,000 per form, per year. If the IRS sends a notice and you do not comply within 90 days, an additional $25,000 penalty applies for each 30-day period of continued non-compliance. There is no cap on penalties. The IRS has increased enforcement of Form 5472 compliance since 2017.

Does a single-member LLC with no income need to file Form 5472?

Yes. A foreign-owned single-member LLC must file Form 5472 even if it had zero income and zero transactions during the year. The filing requirement is triggered by foreign ownership status, not by income. File a pro-forma Form 1120 with zeros and attach Form 5472. The $25,000 penalty applies even if the LLC is dormant.

Do I need an ITIN to file Form 5472?

You need either an ITIN or SSN as the foreign owner listed on Form 5472. The LLC also needs its own EIN. If you do not have an ITIN, you should apply for one using Form W-7. Some tax professionals file Form 5472 with a pending ITIN application, but having an active ITIN ensures smoother processing.

What transactions must be reported on Form 5472?

Report all transactions between the US entity and its foreign owner or related parties. This includes capital contributions, loans, management fees, rent payments, service fees, cost-sharing agreements, and any other monetary exchanges. Even owner capital contributions as small as $1 must be reported. The form requires dollar amounts for each transaction category.

Can I file Form 5472 electronically?

No. As of 2026, Form 5472 must be filed by mail. Attach it to the pro-forma Form 1120 and mail to: Department of the Treasury, Internal Revenue Service, Ogden, UT 84201-0012. E-filing is not available for the pro-forma 1120 used solely to attach Form 5472. Keep proof of mailing (certified mail receipt) for your records.

How does Form 5472 relate to Form 1120?

Foreign-owned single-member LLCs (disregarded entities) file a pro-forma Form 1120 solely as a vehicle to attach Form 5472. The Form 1120 contains only the entity name, EIN, and address with zeros in all financial fields. Foreign-owned corporations that actually file Form 1120 attach Form 5472 to their regular corporate return.

Can I get the Form 5472 penalty waived?

Yes, in some cases. The IRS may waive the $25,000 penalty under the reasonable cause exception. You must demonstrate that the failure to file was due to reasonable cause and not willful neglect. Common accepted reasons include reliance on a tax professional who failed to file, inability to obtain an EIN in time, or genuine ignorance combined with prompt voluntary filing. Submit a penalty abatement request with Form 843.

Updated April 2026

Form 5472 for ITIN Holders 2026: Foreign-Owned US LLC Filing Guide

Q: Who must file Form 5472?

Any US corporation or LLC (treated as a corporation for this purpose) with at least 25% foreign ownership must file Form 5472. Single-member LLCs owned by a foreign person must file even if the LLC has no income. Multi-member LLCs with any foreign member holding 25% or more must also file. This applies to approximately 250,000 foreign-owned US entities.

Q: When is Form 5472 due?

Form 5472 is due with the pro-forma Form 1120 by March 15 for calendar-year filers. You can request a 6-month extension to September 15 by filing Form 7004 before March 15. Single-member LLCs file a pro-forma Form 1120 (with only the entity information and zeros for financial data) solely to attach Form 5472.

Form 5472 is a mandatory IRS information return for US LLCs and corporations with 25% or more foreign ownership. The penalty for not filing is $25,000 per form, per year, with no cap on total penalties. Every foreign-owned single-member LLC must file Form 5472 attached to a pro-forma Form 1120, even if the LLC earned zero income. The filing deadline is March 15 for calendar-year entities. Since the IRS expanded this requirement in 2017 under Treasury Regulation 301.7701-2(c)(2)(vi), compliance has become essential for the estimated 250,000+ foreign-owned US LLCs.

Who Must File Form 5472?

Any US entity with 25% or more foreign ownership must file Form 5472. This filing requirement applies to 3 types of entities:

Foreign-owned single-member LLCs. The most common scenario for ITIN holders. If you are a non-US person who owns a US LLC, you must file annually. This applies even if the LLC is dormant or had no transactions.
Foreign-owned multi-member LLCs. If any member holds 25% or more and is a foreign person, the LLC files Form 5472 for that member.
US corporations with foreign shareholders. C corporations and S corporations with 25%+ foreign ownership file Form 5472 with their regular Form 1120 or 1120-S.

If you own a US LLC through your ITIN, Form 5472 is your most important annual compliance obligation.

What Is the $25,000 Penalty for Not Filing Form 5472?

The IRS imposes a $25,000 penalty per Form 5472 for each year of non-compliance under IRC Section 6038A(d). The penalty structure escalates:

Initial penalty: $25,000 for failure to file or filing an incomplete/inaccurate form
Continued non-compliance: Additional $25,000 for each 30-day period after the IRS issues a formal notice (up to 90 days)
No cap: Penalties accumulate without limit for multiple years of non-filing
Statute of limitations: Does not start running until Form 5472 is filed, meaning the IRS can assess penalties for any unfiled year indefinitely

Real-world example:

A foreign entrepreneur who formed a Wyoming LLC in 2020 and never filed Form 5472 faces $25,000 x 6 years = $150,000 in potential penalties by 2026. Voluntary filing with a reasonable cause statement can reduce or eliminate penalties.

When Is Form 5472 Due in 2026?

Form 5472 is due with the pro-forma Form 1120 by March 15, 2026 for calendar-year entities reporting on the 2025 tax year. You can extend the deadline to September 15, 2026 by filing Form 7004 before March 15.

Deadline	Date (2026)	Requirement
Original due date	March 15, 2026	File Form 1120 + Form 5472 or file extension
Extended due date	September 15, 2026	File Form 7004 before March 15

For all ITIN-related tax deadlines, see our ITIN tax deadline guide.

How Do You File Form 5472 Step by Step?

Follow these 6 steps to file Form 5472 correctly for your foreign-owned US LLC.

Obtain your LLC's EIN. Your LLC needs an Employer Identification Number from the IRS. Apply using Form SS-4. Non-residents must apply by mail or fax (4 to 6 weeks processing).
Prepare pro-forma Form 1120. For single-member LLCs, complete only the header section: entity name, EIN, address, date of incorporation, and tax year. Enter zeros in all financial fields. Check the box for “initial return” if this is the first filing.
Complete Form 5472 Part I. Enter the reporting corporation information: LLC name, EIN, address, country of incorporation (the US state where formed), and principal business activity.
Complete Form 5472 Part II. Enter the 25% foreign owner information: your name, ITIN, address, country of citizenship, and percentage of ownership.
Complete Form 5472 Part IV-VI. Report all monetary transactions between you and the LLC during the tax year. This includes capital contributions, loans, withdrawals, management fees, and any other transfers.
Mail the completed forms. Send Form 1120 with Form 5472 attached to: Department of the Treasury, Internal Revenue Service, Ogden, UT 84201-0012. Use certified mail to document timely filing.

What Transactions Must You Report on Form 5472?

Form 5472 requires reporting of all reportable transactions between the US LLC and its foreign owner. Even seemingly minor transactions must be reported.

Capital contributions. Any money you transfer to the LLC. A $100 initial deposit to open a bank account counts.
Loans from owner to LLC. Report the full amount of any loans you make to the LLC.
Distributions from LLC to owner. Any money the LLC sends back to you.
Management fees. Payments for services you provide to the LLC.
Rent payments. If the LLC uses property you own or vice versa.
Cost-sharing arrangements. Shared expenses between you and the LLC.

Keep detailed records of every transaction. The IRS can request supporting documentation at any time. Maintain bank statements, invoices, and transfer records for at least 7 years.

What Are the 5 Most Common Form 5472 Mistakes?

Not filing at all. Many foreign LLC owners do not know Form 5472 exists. This is the most expensive mistake at $25,000 per year.
Filing late without an extension. Missing the March 15 deadline without filing Form 7004 triggers the full $25,000 penalty.
Omitting transactions. Failing to report a capital contribution or loan. Even a $1 transfer must be reported.
Filing without an EIN. The LLC must have its own EIN before filing. Apply early using Form SS-4.
Confusing the pro-forma 1120 with a real tax return. The pro-forma 1120 for a single-member LLC is not an income tax return. It is a cover sheet for Form 5472. Enter zeros in all financial fields.

Frequently Asked Questions About Form 5472

Form 5472 is the Information Return of a 25% Foreign-Owned U.S. Corporation or a Foreign Corporation Engaged in a U.S. Trade or Business. Foreign-owned US LLCs and corporations file this form to report transactions between the US entity and its foreign owners. The IRS uses Form 5472 to monitor cross-border transactions and prevent transfer pricing abuse.

Need an ITIN to comply with Form 5472 requirements? Apply through our CAA service starting at $297.

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