ITIN for LLC Owners 2026: Form 5472, Pro Forma 1120, and Tax Compliance

Written by

itin.so Editorial Team

IRS-Authorized Certifying Acceptance Agents · Updated April 2026

Non-US LLC owners need both an EIN for their business and an ITIN for personal tax filing. The IRS requires foreign-owned single-member LLCs to file Form 5472 with a pro forma Form 1120 annually under IRC 6038A, and the penalty for missing this filing is $25,000 per form per year with no cap. An ITIN for LLCowners serves as the responsible party's tax ID on Form 1040-NR and enables compliance with all federal filing obligations. If you live outside the US, our ITIN guide for non-residents covers applying without a US address. itin.so processes your application for $197 (standard) or $297 (express).

Quick answer

Non-US LLC owners need both an EIN for the business and an ITIN for personal tax filing. It serves as the responsible party's tax ID on Form 1040-NR and is required alongside Form 5472 compliance (the penalty for missing that filing is $25,000). itin.so processes applications for $197-$297.

Do Non-US LLC Owners Need an ITIN?

Yes. 100% of non-US individual LLC owners without an SSN need an ITIN. The IRS requires every person with US-sourced income to have a taxpayer identification number per IRC 6109.

Single-Member LLC (Disregarded Entity)

The IRS treats single-member LLCs as disregarded entities under IRC 7701. All income and expenses pass through to your personal return on Form 1040-NR with Schedule C. You need an ITIN to file this return. Additionally, you must file Form 5472 with a pro forma Form 1120 to report transactions between you and your LLC.

Multi-Member LLC (Partnership)

Multi-member LLCs file Form 1065 (partnership return) using the LLC's EIN. Each member receives a Schedule K-1 and files their own Form 1040-NR using their individual ITIN. Every non-US member needs a separate ITIN.

Zero-Revenue LLCs Still Must File

Even if your LLC had no US-sourced income, you must file Form 5472 and pro forma Form 1120 if any reportable transactions occurred between you and the LLC (including capital contributions, loans, or expense payments). Having an ITIN ensures you can meet all filing obligations. Check who needs an ITIN for full eligibility.

What Is the Difference Between an ITIN and EIN for LLCs?

You need both. The EIN identifies your LLC; the ITIN identifies you. Here is a detailed comparison (see our full ITIN vs EIN guide for more):

Feature	ITIN	EIN
Identifies	You (the individual owner)	Your LLC (the business entity)
Format	9XX-XX-XXXX	XX-XXXXXXX
Application form	Form W-7 (IRC 6109)	Form SS-4 (phone or mail)
Used on	Form 1040-NR, W-8BEN	Form 5472, Form 1120, bank accounts
Processing time	6 to 11 weeks	Immediate (phone) or 4 weeks (mail)
Cost	$197-$297 through itin.so	Free from IRS

Learn more about getting an EIN for your LLC.

What Is Form 5472 and Why Does It Carry a $25,000 Penalty?

Form 5472 (Information Return of a 25% Foreign-Owned US Corporation) reports transactions between a foreign-owned US disregarded entity and its foreign owner per IRC 6038A. Since 2017, the IRS extended this requirement to single-member LLCs owned by foreign persons. See our full ITIN and Form 5472 guide for foreign-owned LLCs.

Reportable Transactions

Capital contributions to the LLC
Loans between you and the LLC
Payments from the LLC to you (distributions)
Expenses paid by you on behalf of the LLC
Services you provide to the LLC
Rent or property usage between you and the LLC

Penalty Structure

The penalty for failing to file Form 5472 is $25,000 per form, per year. There is no maximum cap. An LLC that misses 3 years of filing faces $75,000 in penalties. The IRS has been actively enforcing this requirement since 2018.

Do not skip Form 5472:

This is the most commonly missed requirement for foreign-owned LLCs. Your ITIN enables you to file your personal return, which is connected to your Form 5472 obligations. Get your ITIN application started now.

How Do You Get an ITIN and EIN for Your LLC?

4 steps in the correct order. Total timeline: 8 to 15 weeks from LLC formation to fully operational.

Form your LLC. Register in Wyoming ($100/year), Delaware ($300/year franchise tax), or New Mexico ($0/year). You receive Articles of Organization and an operating agreement. Timeline: 1-5 business days.
Apply for your EIN. File Form SS-4 by phone (267-941-1099) for immediate issuance or by mail (4 weeks). Non-US applicants without an SSN or ITIN can still obtain an EIN.
Apply for your ITIN. Complete Form W-7 with your personal information. Attach Form 1040-NR and identity documents. Use a Certifying Acceptance Agent to keep your passport. IRS processing: 6 to 11 weeks.
Open your business bank account. With both EIN and ITIN, open a US business bank account at Mercury, Relay, or Wise for receiving payments and managing expenses.

Which Banks Accept ITINs for LLC Business Accounts?

3 banks that accept EIN + ITIN for remote business account opening:

Mercury: No monthly fees, no minimum balance, FDIC insured up to $250,000. Best for startups and e-commerce. Read our Mercury ITIN guide.
Relay: Free business checking with 20 sub-accounts for expense organization. See our Relay bank guide.
Wise Business: Multi-currency accounts with US routing numbers. Best for international payments in 40+ currencies.

If you sell on Amazon through your LLC, your business bank account receives payouts directly. See our ITIN for Amazon sellers guide. Freelancers with LLCs should also read ITIN for freelancers.

What Are the Tax Filing Deadlines for Foreign-Owned LLCs?

3 critical deadlines. Missing any one triggers penalties:

Form	Deadline	Penalty for Late Filing
Form 5472 + pro forma 1120	April 15 (extendable to October 15)	$25,000 per form per year (IRC 6038A)
Form 1040-NR (single-member)	April 15 (June 15 for NRAs abroad)	5% of unpaid tax per month, max 25%
Form 1065 (multi-member)	March 15	$220 per partner per month, max 12 months

Learn about filing requirements in our ITIN tax return guide and check your ITIN processing timeline.

Learn more: What is an ITIN? · How to get an ITIN

Frequently Asked Questions About ITIN for LLC Owners

Do I need an ITIN if I have an LLC?

Yes. Your LLC gets an EIN via Form SS-4 for business taxes, but you as the individual owner need an ITIN for personal tax filings on Form 1040-NR. The IRS treats single-member LLCs as disregarded entities under IRC 7701, meaning LLC income passes through to your personal return. You need an ITIN to file that return.

Can I get an EIN without an ITIN?

Yes. The IRS issues EINs to foreign-owned LLCs using your foreign passport information via Form SS-4. You can apply by phone at 267-941-1099 or by mail. However, you still need an ITIN when filing your personal tax return. Many LLC owners apply for both simultaneously through itin.so for $197 to save time.

What is the difference between an ITIN and EIN for an LLC?

An EIN (XX-XXXXXXX format) identifies your business entity for federal tax purposes via Form SS-4. An ITIN (9XX-XX-XXXX format) identifies you as an individual taxpayer via Form W-7. Your LLC uses its EIN on Form 5472, Form 1120, and business bank accounts. You use your ITIN on Form 1040-NR for personal income reporting.

Can I open a business bank account with just an ITIN?

For a sole proprietorship, yes. For an LLC, most banks require both the LLC's EIN and the owner's ITIN. Mercury, Relay, and Wise accept this combination for remote business account opening. Mercury has no monthly fees, no minimum balance, and FDIC insurance up to $250,000.

What is Form 5472 and why does it matter for foreign LLC owners?

Form 5472 reports transactions between a foreign-owned US disregarded entity and its foreign owner. Single-member LLCs owned by non-US persons must file Form 5472 with a pro forma Form 1120 annually per IRC 6038A. The penalty for late or missing filing is $25,000 per form per year with no cap.

Do multi-member LLC owners all need ITINs?

Yes. Every non-US member of a multi-member LLC needs their own ITIN. Multi-member LLCs are taxed as partnerships filing Form 1065 using the LLC's EIN. Each partner receives a Schedule K-1 and files an individual Form 1040-NR using their own ITIN to report their share of income.

How much does it cost to get an ITIN for my LLC?

The IRS charges $0 for ITIN processing. itin.so charges $197 for standard preparation (7-10 business days) or $297 for express (2-3 business days with WhatsApp support). This covers W-7 preparation, document review, and CAA certification so you never mail your original passport.

What are the filing deadlines for foreign-owned LLCs?

Form 1040-NR for single-member LLC owners is due April 15 (June 15 automatic extension for non-residents abroad). Form 1065 for multi-member LLCs is due March 15. Form 5472 with pro forma Form 1120 is due April 15. Late filing penalties start at $25,000 per Form 5472 under IRC 6038A.

Which states are best for non-US LLC formation?

Wyoming charges $100 annual fee with no state income tax. Delaware charges $300 annual franchise tax with strong privacy protections. New Mexico charges $0 annual fee with no annual report. All three allow single-member LLCs with foreign owners. Wyoming is most popular for e-commerce and online businesses.

Can my LLC operate without an ITIN?

Your LLC can obtain an EIN and open limited accounts, but you cannot file your personal tax return without an ITIN. Missing your 1040-NR filing triggers IRS penalties. Missing Form 5472 triggers a $25,000 penalty per year. Operating without an ITIN creates compounding compliance problems.

Do I need an EIN or a TIN for my LLC?

You need both, and they're not interchangeable. TIN (Taxpayer Identification Number) is the umbrella term; your LLC needs an EIN (the business TIN) to file Form 5472 + pro forma 1120, and you personally need an ITIN (the individual TIN) to file your own Form 1040-NR as the responsible party.

How does an LLC get a tax ID number?

An LLC gets its tax ID (EIN) by filing IRS Form SS-4. US-based applicants with an SSN or ITIN can apply online and get it instantly. Foreign-owned LLCs without a responsible party SSN/ITIN apply by fax or mail, which takes about 4-5 weeks. The IRS charges $0.

How do I get an EIN if I have an LLC as a non-resident?

File Form SS-4 by fax or mail (the IRS online EIN tool requires an SSN or ITIN, which most non-resident owners don't have yet). List your LLC's formation details and your information as the responsible party. Processing takes about 4-5 weeks by fax.

Ready to get your ITIN and avoid $25,000 penalties?

Apply for Your ITIN Today