Does a Non-US Owner of a US LLC Need to File Taxes?
Yes, in most cases, even if the LLC made no money and you never set foot in the US. This guide to foreign owned LLC tax filing explains exactly what to file, when it is due and what happens if you miss it.
Yes. A US LLC owned by one non-US person must usually file Form 5472 with a pro forma Form 1120 every year, even with no income and no US tax to pay. For tax year 2026 it is due on 15 April 2027. Missing it can trigger a $25,000 penalty. The owner may also need a personal US return if the LLC has US trade or business income.
Who Has to File for a Foreign Owned LLC?
Any US LLC with a single owner who is not a US person, and that had at least one reportable transaction during the year, must file Form 5472.
The IRS treats a single-member LLC as a “disregarded entity” for income tax, which means it does not pay tax itself. However, since 2017 a foreign-owned disregarded entity is treated as a corporation for one purpose: reporting transactions with its foreign owner. As a result, foreign owned LLC tax filing is required even when no tax is due.
This rule catches many founders from the UK, Pakistan, the UAE, India and elsewhere who set up a Wyoming or Delaware LLC for Stripe, Amazon or US clients. In fact, simply putting money into the LLC to open the bank account is a reportable transaction.
- You live outside the US and are not a US citizen or green card holder.
- You own 100% of a US LLC, or own it through a foreign company.
- The LLC has not elected to be taxed as a corporation.
- Money or property moved between you and the LLC during the year.
So, if all four apply, you need to file.
What Is Form 5472 and the Pro Forma 1120?
Form 5472 is an information return listing the money that moved between the LLC and its foreign owner. It is attached to a pro forma Form 1120, which acts as the cover sheet.
In practice, the pro forma 1120 is not a real corporate tax return. You complete only the name, address, EIN and a few identifying boxes, and write “Foreign-owned U.S. DE” across the top. Meanwhile, the Form 5472 behind it carries the detail.
Importantly, this filing cannot be submitted through normal e-file. It is sent to the IRS by fax or by post, which is one reason so many owners miss it.
The LLC Must Keep Records
The IRS also requires the LLC to keep records that support every figure on Form 5472, such as bank statements, invoices and owner transfers. For this reason, clean bookkeeping makes foreign owned LLC tax filing quick and defensible.
What Counts as a Reportable Transaction?
Almost any movement of money or value between you and your LLC counts, and there is no minimum amount.
- Capital you put into the LLC, including the first deposit to open a bank account.
- Money you take out of the LLC, such as distributions or owner drawings.
- Loans between you and the LLC, in either direction.
- Expenses you pay personally on the LLC’s behalf, such as formation or registered agent fees.
- Sales, rents, royalties, interest or fees paid between the LLC and you or a related company.
In other words, if the LLC has a bank account and you funded it, you almost certainly have something to report.
When Is Form 5472 Due in 2027?
For a calendar-year LLC, the tax year 2026 filing is due on 15 April 2027, and you can extend it to 15 October 2027 with Form 7004.
Tax year 2026
Keep a record of every transfer between you and the LLC.
Form 5472 and pro forma 1120 due
Fax or post it to the IRS. If you need more time, file Form 7004 by this same date.
Form 1040-NR, if required
The usual due date for a non-resident’s personal return when no US wages were paid.
Extended deadline
The final date for Form 5472 if Form 7004 was filed on time. The extension is not automatic.
Note that state deadlines are separate and are covered further below.
What Is the Penalty for Not Filing Form 5472?
The penalty is $25,000 for each Form 5472 that is late, missing or incomplete, for each tax year.
Because the form is about reporting rather than tax owed, the penalty applies even when the LLC owes nothing.
Missed Previous Years?
The IRS standard first-time abatement does not apply to this penalty. Relief usually depends on a reasonable cause statement, so it is far better to catch up before the IRS writes to you. We can prepare late filings and the supporting statement.
Not Sure If Your LLC Has Filed?
Send us your LLC details. Our US tax team will check what is outstanding and quote one fee to bring every year up to date.
Book a Free Consultation US Annual Tax FilingDo I Need an EIN or an ITIN?
Your LLC needs an EIN to file Form 5472. You personally need an ITIN only if you have to file your own US tax return or claim certain treaty benefits.
These two numbers are often confused. Unfortunately, getting them mixed up causes rejected filings and wasted fees.
EIN
Employer Identification Number
- Belongs to
- The LLC
- Needed for
- Form 5472, US bank accounts, payment platforms and hiring
- How non-US owners apply
- Form SS-4 by fax or post. The online application needs a US SSN or ITIN
ITIN
Individual Taxpayer Identification Number
- Belongs to
- You, the individual owner
- Needed for
- Filing Form 1040-NR, claiming treaty benefits, and some US platforms that ask for a personal tax number
- How non-US owners apply
- Form W-7 with identity documents, often through a Certified Acceptance Agent
We Are an IRS Certified Acceptance Agent
Accounting Crunchers can verify your identity documents and submit your ITIN application, so you do not need to post your original passport to the IRS. See our Certified Acceptance Agent service.
When Does the Owner Need a Personal US Tax Return?
You need to file Form 1040-NR when your LLC is engaged in a US trade or business and earns income effectively connected with it.
First, this is the question that decides whether you actually pay US income tax. Because a single-member LLC is disregarded, its profit is treated as yours. Therefore, if that profit is “effectively connected income”, it is taxed in the US and reported on your 1040-NR.
Signs your income may be effectively connected
- You or your staff carry out the work while physically in the US.
- The LLC has a US office, warehouse or dependent agent.
- You hold stock in a US warehouse and sell from there, which needs careful review.
By contrast, a founder who works only from abroad, with no US office or staff, often has no effectively connected income, so no 1040-NR is due. Form 5472 is still required either way. In addition, a tax treaty between the US and your country can also change the answer, so this part needs individual advice.
What If the LLC Has More Than One Owner?
A US LLC with two or more owners is taxed as a partnership by default and files Form 1065 every year, with a Schedule K-1 for each owner.
Where partners are foreign and the partnership has effectively connected income, the LLC may also have to withhold US tax on their share and file Forms 8804 and 8805. Alternatively, an LLC can elect to be taxed as a corporation and file a full Form 1120, paying the 21% federal corporate rate. Each route has very different costs, so it is best to choose before you start trading.
Do I Need a BOI Report or State Filings?
Under current FinCEN rules, LLCs formed in the US no longer file beneficial ownership (BOI) reports. State annual reports and fees still apply.
FinCEN’s final rule of 11 August 2026 made the earlier relief permanent. As a result, the requirement now applies only to companies formed outside the US that register to do business in a US state. However, your state still expects its own filings every year.
| State | Annual cost | What it is |
|---|---|---|
| Wyoming | From $60 | Annual report licence tax |
| Delaware | $300 | LLC annual tax, due 1 June |
| California | From $800 | Minimum franchise tax, plus a fee on higher gross receipts |
Every state also requires a registered agent, usually paid yearly. Similarly, some states charge sales tax once you pass their sales thresholds.
Which Forms Do I Need? Quick Checker
Answer three questions to see the usual filings for your LLC. The table below shows the same answers for common situations.
Your usual filings
- Form 5472 with pro forma Form 1120, due 15 April 2027
- State annual report and registered agent
- Keep records of every owner transfer
| Situation | Form 5472 | Form 1040-NR | ITIN |
|---|---|---|---|
| One owner, works only from abroad | Yes | Usually no | Usually no |
| One owner, US office or work done in the US | Yes | Likely yes | Yes |
| Two or more owners | Depends | If US income | If filing |
| Elected to be taxed as a corporation | Depends | No | Usually no |
This is a general guide. Tax treaties and your exact activities can change the result.
How Accounting Crunchers Helps Non-US LLC Owners
We handle the full US compliance cycle for founders outside the US, from EIN to annual filing, in one agreed fee.
- EIN applications for new and existing LLCs
- Form 5472 and pro forma 1120 every year
- Late filings and reasonable cause statements
- ITIN applications as an IRS Certified Acceptance Agent
- Form 1040-NR and treaty review
- US bookkeeping so your records are always ready
Beyond foreign owned LLC tax filing, we also support UK, UAE and Canadian businesses, so founders with companies in more than one country can work with one firm. Explore our US services and US tax planning, or see how we compare in our guide to the best online accountants UK.
Frequently Asked Questions
About Filing
Does a foreign owned LLC have to file taxes if it made no money?
Yes, in most cases. A single-member US LLC owned by a non-US person must file Form 5472 with a pro forma Form 1120 if it had any reportable transaction with its owner, such as the money used to open its bank account. No income does not mean no filing.
When is Form 5472 due for tax year 2026?
For a calendar-year LLC, Form 5472 for tax year 2026 is due on 15 April 2027. Filing Form 7004 by that date extends it to 15 October 2027.
Can I e-file Form 5472 for my LLC?
Not through normal e-file. The Form 5472 and pro forma Form 1120 for a foreign-owned disregarded entity are sent to the IRS by fax or by post.
What is the penalty for not filing Form 5472?
The penalty is $25,000 per form, per tax year. A further $25,000 can apply for each 30 days the failure continues after 90 days from an IRS notice.
About Tax Numbers and Income Tax
Do I need an ITIN to file Form 5472?
No. Form 5472 is filed using the LLC’s EIN. You need an ITIN only if you must file your own US return, such as Form 1040-NR, or claim certain treaty benefits.
Do non-US LLC owners pay US income tax?
Only if the LLC has income effectively connected with a US trade or business, usually because work is done in the US or there is a US office. Owners who work only from abroad often pay no US income tax, but still file Form 5472.
Do US LLCs still need to file a BOI report?
Not under current rules. FinCEN’s final rule of 11 August 2026 permanently removed beneficial ownership reporting for companies formed in the US. Companies formed abroad that register in a US state may still need to report.
Can Accounting Crunchers file Form 5472 for me?
Yes. We prepare and submit Form 5472 and the pro forma 1120, apply for EINs and ITINs, and catch up on missed years for non-US owners worldwide.
Get Your US LLC Filed Before 15 April 2027
Book a free virtual consultation. We review your LLC, confirm exactly which forms you need and agree one fee for the year.
Book a Free Consultation Apply for an ITINSources: IRS guidance on foreign-owned single-member LLCs and the Instructions for Form 5472. Internal Revenue Code section 6038A. FinCEN final rule on beneficial ownership reporting, 11 August 2026. State fee schedules for Wyoming, Delaware and California. Checked 26 October 2026. Dates assume a calendar tax year. This article is general information and not tax advice for your situation. Tax treaties and your activities can change what you need to file.