Foreign Tax Filing

Do you actually have to file?

Two conditions have to be true at the same time. Most of the confusion comes from checking one and assuming the other.

1. The ownership test

The entity is a US corporation or US LLC that is at least 25% foreign-owned, or a US disregarded entity whose owner is foreign. A single-member LLC owned by one non-US person is 100% foreign-owned, so it clears this test comfortably.

2. The transaction test

There was a reportable transaction with a related party during the year. For a one-owner LLC you are the related party, and everyday movements count:

The most common wrong answer

“My LLC made no money, so there is nothing to report.” Revenue is not the test. If you funded the LLC’s bank account or paid its formation fee from your own pocket, that is a transaction with a related party, in a year with zero customers.

Cases that genuinely fall outside

An LLC formed and then never touched, with no bank account, no funding and no payments in or out, has no reportable transaction for that year. That is narrower than most people assume, and it stops applying the moment any money moves.

Multi-member LLCs are a different form

An LLC with two or more members is normally a partnership for US tax purposes and files Form 1065, not a pro forma 1120 with a 5472. Everything here is about the single-member, foreign-owned case.

Definitions follow the IRS Instructions for Form 5472. When your facts sit close to a line, that document and a qualified adviser beat any summary, including this one.

20-second check

Do I have to file?

Nothing is sent anywhere. This runs in your browser.

01Is the LLC at least 25% owned by someone who is not a US person?
02How many members does it have?
03During the year, did any money move between you and the LLC? Funding it, paying a fee from your own pocket, taking money out, a loan either way.

Who publishes this

We build Filabl, software that prepares and files Form 5472 for foreign-owned LLCs. This site exists because these questions get asked constantly and the IRS instructions are hard going. Everything here is free to use whether you file yourself or not.