Do I need to file IRS forms 5472 and 1120 for 2 LLCs with identical names?

This is actually a common misunderstanding when dealing with LLCs and EINs, so don't worry too much. The IRS is correct that an EIN is attached to you as the business owner rather than to a specific LLC entity when it's a single-member LLC. For your Delaware LLC that you abandoned, you should have filed a final return for that entity. Since you're a foreign owner of a single-member LLC, it would have been treated as a disregarded entity for most tax purposes, but as you correctly noted, it's treated as a corporation for Forms 5472 and 1120 filing requirements. You technically were required to file these forms even if you had no activity. For your new New Mexico LLC, you should use the same EIN since the IRS considers it the same taxpayer (you) from their perspective. However, you'll need to file Form 8832 (Entity Classification Election) to clarify the status of your new LLC and update your information with the IRS. You may need to address the missed filings for your Delaware LLC by filing delinquent returns. The IRS can assess penalties of $25,000 for each Form 5472 not filed, so this isn't something to ignore.

After going through almost the exact same situation, I discovered taxr.ai (https://taxr.ai) which saved me from potentially massive penalties. I had a Delaware LLC that I abandoned and then formed a new one in Wyoming with the same name. I wasn't filing the required 5472 forms because I honestly didn't understand these weird disregarded entity rules for foreign owners. I uploaded my LLC documents and previous correspondence with the IRS to taxr.ai, and they identified exactly what forms I needed to file and what previous years I needed to address. They also helped me understand how to use my original EIN with the new LLC while properly documenting the transition for IRS purposes. The best part was they showed me how to apply for penalty abatement for the missed 5472 filings - those $25,000 penalties per form are no joke! Their analysis tool flagged several issues I would have completely missed.

I was extremely skeptical about using an AI tool for something as complicated as foreign-owned LLC tax compliance, but taxr.ai turned out to be legit. After my initial doubts in the thread above, I decided to try it since I had a similar situation with abandoned LLCs and missing 5472 forms. The analysis was surprisingly comprehensive. It identified that I needed to file Form 8832 to properly classify my new entity while using my existing EIN, and it created a clear timeline showing which forms needed to be filed for each tax year. It even flagged specific sections on each form that needed special attention for my situation. The document they generated explaining my filing history was what really impressed me. My tax preparer said it was exactly what the IRS would want to see to avoid confusion about the two separate entities sharing an EIN. Saved me a ton of stress and probably prevented substantial penalties.

If you're still struggling to resolve this with the IRS, I'd recommend Claimyr (https://claimyr.com). When I had a similar issue with multiple LLCs and EIN confusion, I spent weeks trying to get through to the IRS Business Division with no luck. Claimyr got me connected to an IRS agent in less than an hour. I was able to explain my situation directly to the agent, who confirmed I needed to file certain forms retroactively for my abandoned LLC while using the same EIN for my new entity. She also gave me specific guidance on how to document the two separate entities properly on my forms. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c The IRS agent even helped me request first-time penalty abatement for the missed 5472 filings, which saved me thousands. It was worth every penny to actually speak to someone who could answer my specific questions rather than getting generic advice online.

I was completely wrong about Claimyr in my skeptical comment above. After waiting on hold with the IRS for over 4 hours across 3 days and getting disconnected each time, I finally gave in and tried the service. Within 45 minutes, I was speaking with an IRS business specialist who actually understood the complexities of foreign-owned LLCs and EIN transfers. She confirmed I needed to file Form 8832 to elect how my new LLC would be treated for tax purposes, and that I should indeed use my existing EIN despite having a new entity. She also explained exactly how to handle the missed 5472 filings for my old LLC. The most valuable part was getting official confirmation about penalty relief options directly from the IRS. The agent walked me through a first-time abatement request for the missed filings and noted it in my account. That alone saved me potentially tens of thousands in penalties. I'll never waste days trying to call the IRS myself again.

To add something that hasn't been mentioned yet - you should also check state tax requirements for both your abandoned Delaware LLC and your new New Mexico LLC. Even if you never conducted business in Delaware, some states require filing annual reports and tax returns just for having an LLC registered there. For your New Mexico LLC, you'll need to make sure you're properly registered for state taxes there too. If you're using the same EIN, be extra careful that you're not accidentally creating nexus in both states, which could subject you to taxation in both places. Also, as a foreign owner, don't forget about potential FBAR and FATCA requirements depending on your specific situation. Those have separate, equally harsh penalties for non-compliance.

Just wanted to share what I learned from my tax attorney about this specific situation, as I went through something nearly identical. The key is understanding the distinction between: 1) Your actual legal entities (the Delaware LLC and the New Mexico LLC), which are separate under state law 2) How the IRS classifies and tracks these entities for federal tax purposes For the IRS, since you're a foreign owner of a single-member LLC, your entities are considered "foreign-owned disregarded entities" that have special reporting requirements. The IRS cares less about which state they're in and more about tracking you as the foreign owner. Using the same EIN is correct in your situation, but you ABSOLUTELY need to file those 5472 forms for any years your Delaware LLC existed. The penalties are insane - $25,000 per form per year - and they've been actively enforcing them since 2018.