Pro-forma 1120 + 5472
A foreign-owned US disregarded entity must file a pro-forma Form 1120 with Form 5472 attached. On that 1120 only the entity name and address and items B and E on the first page are required.
IRS · Form 5472
Form 5472.
Every foreign-owned single-member LLC must file it. Every year. Even with zero income. The penalty is $25,000.
What the IRS actually requires
Paper only
This filing cannot be submitted electronically. It goes by mail or fax to the IRS in Ogden, Utah.
15 April
Due the 15th day of the 4th month after your tax year ends. Form 7004 buys an automatic six months to 15 October — but not more time to pay.
$25,000, then $25,000 more
The IRS assesses $25,000 for failing to file on time, and a further $25,000 if the failure continues more than 90 days after notice.
Source: IRS Instructions for Form 5472.
“But my LLC made no money”
That does not matter. Form 5472 reports reportable transactions between you and your company — not profit.
Money you put in to start the company is a reportable transaction. So are formation fees paid on the company's behalf, loans between you and the LLC, and distributions back to you. A dormant LLC with a single owner contribution still has something to report — which is exactly how founders who assumed “no income, no filing” end up with a $25,000 assessment.
Who files what
| Your company | Return | Due (calendar year) |
|---|---|---|
| Foreign-owned single-member LLC | Pro-forma 1120 + 5472 | 15 April |
| Multi-member LLC | 1065 + K-1s (+ 8804/8805 if foreign partners) | 15 March |
| C-Corporation | 1120 (+ 5472 if 25%+ foreign-owned) | 15 April |
A frequently missed point: a US corporation that is at least 25% foreign-owned also files Form 5472 — attached to its real 1120, not a pro-forma one.
Do you also owe US tax?
Often not — but the filing is mandatory either way, and the two questions are separate.
If you live outside the United States and perform the work there, your income is generally not US-sourced and no federal income tax is due. What matters is where the work is performed and whether you have effectively connected income — not simply where your clients happen to be.
We file it for you — from $300.
Pro-forma 1120 with Form 5472 attached, prepared and filed. No SSN or ITIN required.