IRS Form 5472 Filing Requirements for Foreign-Owned Single-Member LLCs
Yes, a Florida LLC owned entirely by one foreign person usually has a federal filing: Form 5472, sent to the IRS together with a pro forma Form 1120, for each year the LLC has reportable dealings with its owner. The deadline is the 15th day of the 4th month after the tax year, so April 15 for most owners. An automatic extension is available on Form 7004, and the penalty for not filing is $25,000.
None of this replaces Florida's own requirement, the annual report filed on Sunbiz between January 1 and May 1. The two are separate filings with separate agencies.
Does your LLC have to file? A quick check
Your LLC is a "foreign-owned U.S. disregarded entity" under the IRS Instructions for Form 5472 if all of these are true:
- it was formed in the United States (Florida counts);
- it has a single owner, so it is disregarded for income tax;
- that owner is a foreign person, for example an individual who is neither a US citizen nor a US resident.
It then files for any tax year with at least one reportable transaction with a related party. The instructions name formation costs, contributions you make, distributions you receive, and the dissolution, acquisition or disposition of the LLC, along with monetary transactions such as sales and rents. Most owners meet that test in the first year simply by funding the company.
The filing package
Form 5472 reports the LLC, its foreign owner, the related party and the year's transactions. Owners with no foreign tax identification number write "None" or "N/A" in that box. Formation, contribution and distribution amounts go in Part V and are described on a statement you attach.
Pro forma Form 1120. A foreign-owned disregarded entity has no income tax return of its own, so the IRS uses a skeleton Form 1120 as the cover. Page 1 needs just the company name, its address, item B and item E, and the words "Foreign-owned U.S. DE" go at the top of the form.
Delivery. These filers can't e-file. Send the package to the IRS PIN Unit in Ogden: fax 855-887-7737, or post it to Internal Revenue Service, 1973 Rulon White Blvd, M/S 6112, Attn: PIN Unit, Ogden, UT 84201.
Deadlines and the extension
| Filing | Due | Where |
|---|---|---|
| Form 5472 with pro forma 1120 | 15th day of the 4th month after the tax year (April 15 for a calendar year) | IRS, Ogden PIN Unit |
| Form 7004 extension | By that same regular due date | IRS, same fax or address |
| Florida annual report | January 1 to May 1 | Florida Division of Corporations (Sunbiz) |
A date that falls on a weekend or legal holiday moves to the next business day. Owners who file no US return of their own put the LLC on a calendar year; otherwise it shares the owner's US tax year. The extension request names Form 1120 (by its code) on line 1 of Part I and carries the same "Foreign-owned U.S. DE" heading.
Penalties for a missed Form 5472
The IRS assesses $25,000 on a reporting corporation that doesn't file Form 5472 when due and in the prescribed manner, and the same penalty for not keeping the required records. When the failure goes on for more than 90 days after the IRS notifies the LLC, every further 30 days of delay (a partial period counts in full) adds another $25,000.
Before you start: the EIN
The pro forma 1120 needs the LLC's employer identification number in item B. Without an SSN or ITIN you apply on Form SS-4, entering "foreign" or N/A on line 7b. The IRS online application isn't open to applicants with no US address; foreign applicants use fax, mail, or the international phone line, 267-941-1099.
No BOI report for a Florida LLC
FinCEN's interim final rule of March 2025 removed beneficial ownership reporting for all US-created companies and their owners. Only entities formed under foreign law and registered to do business in a US state still report BOI.
Where our Florida package stops
Our Florida LLC package for foreign founders handles the Sunbiz filing, 12 months of registered agent service and an EIN with no SSN. We don't prepare or file Form 5472, the pro forma 1120 or any other tax return. This guide summarizes IRS and FinCEN material and isn't tax advice; a tax professional can confirm what applies to your LLC.
Official sources
- Instructions for Form 5472 (IRS)
- Instructions for Form 1120 (IRS)
- About Form 7004 (IRS)
- Instructions for Form SS-4 (IRS)
- Form 5472 PDF (IRS)
- Beneficial Ownership Information (FinCEN)
FAQ
Is Form 5472 the same as a US income tax return?
No. It's an information return. For a foreign-owned single-member LLC, the pro forma 1120 attached to it only identifies the company; there is no income tax computation on it.
Does the Florida annual report cover Form 5472?
No. The annual report goes to the Florida Division of Corporations; Form 5472 goes to the IRS. Filing one doesn't satisfy the other.
What if the owner is a US citizen living abroad?
The foreign-owned rules are for owners who are foreign persons. A US citizen is not a foreign person under the Form 5472 instructions, wherever they live.