Filing Taxes for Foreign-Owned US Single-Member LLC - Compliance Requirements
I've been operating a single-member LLC in the US for almost two years now, but I'm not a US citizen or resident (I live in Europe). My accountant back home seems confused about what forms I need to file with the IRS. I'm making around $85,000 annually through my consulting business, mostly with US clients. From what I understand, I need to file Form 5472 and Form 1120 since the LLC is considered a "disregarded entity" for US tax purposes and I'm the foreign owner. But I'm getting conflicting advice about whether I also need to submit anything else like a Form 8832 or Form W-8BEN. Does anyone have experience with this specific situation? I'm particularly concerned about missing deadlines since I've heard the penalties for not filing Form 5472 are pretty steep ($25,000 per violation). I've tried calling the IRS but spent hours on hold without getting through to anyone who could answer my questions.
20 comments


Keisha Jackson
Foreign-owned single-member LLCs in the US do have specific reporting requirements you need to be aware of. Since you're a foreign person who owns a US LLC that's disregarded for tax purposes, you're absolutely right about Form 5472 - this is critical and the penalties are indeed severe if missed. You'll need to file Form 5472 along with a pro forma Form 1120 (not the full corporate tax return, just enough information to accompany the 5472). This is required even though your LLC is disregarded for general tax purposes. You don't necessarily need Form 8832 unless you're electing to change how your entity is classified for tax purposes. As for the W-8BEN, that's generally something you provide to US payers/clients to certify your foreign status so they know how to handle withholding - it's not something you file with the IRS directly. Also important: make sure you're tracking "reportable transactions" with related parties carefully, as these need to be disclosed on the 5472. The definition of "reportable transactions" is quite broad for these purposes.
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Paolo Moretti
•Thanks for the explanation. I'm in a similar situation but I've heard that I might need to file something called an FBAR if I have foreign bank accounts. Does OP also need to worry about this? And what's the deadline for the Form 5472? Is it the same as regular tax deadlines?
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Keisha Jackson
•The FBAR (FinCEN Form 114) is primarily required for US persons who have foreign financial accounts totaling over $10,000 at any point during the year. Since OP indicated they are not a US person or resident, the FBAR requirements likely don't apply to them directly. For Form 5472 and the accompanying pro forma 1120, the deadline is the standard corporate tax return due date - the 15th day of the 4th month after the end of the tax year. For calendar year taxpayers, that's April 15th. You can request a 6-month extension using Form 7004, but it's important to note that the extension must be filed on time to avoid those significant penalties you mentioned.
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Amina Diop
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Oliver Weber
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Natasha Romanova
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NebulaNinja
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Javier Gomez
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Emma Wilson
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Emma Wilson
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Malik Thomas
Has anyone dealt with state tax reporting requirements for foreign-owned single-member LLCs? I understand the federal requirements fairly well now, but I'm confused about whether I need to file state returns in California where my LLC is registered even though I don't live there and don't have physical operations there.
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Keisha Jackson
•California is particularly aggressive with taxing business entities formed there. Even if you're a foreign owner with no physical presence, if your LLC is registered in California, you'll likely need to file California Form 568 (LLC Return) and pay at least the minimum $800 annual LLC tax. California doesn't automatically respect the federal disregarded entity status, so even though your LLC might be disregarded for federal purposes as a foreign-owned single-member LLC, California may still require separate state filings. Some foreign owners choose to form their LLCs in more tax-friendly states like Wyoming or Delaware for this reason.
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Malik Thomas
•Thanks for that info - exactly what I was afraid of. So basically I'm on the hook for California taxes even though I never set foot there? Is there any way to move my LLC to another state without completely dissolving it and starting over?
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Keisha Jackson
•Yes, you can potentially move your LLC to another state through a process called domestication or conversion, depending on the states involved. This allows you to change the jurisdiction of your LLC without dissolving and reforming it. California to Wyoming or Delaware are common conversions for foreign owners. You'll need to file the appropriate paperwork with both states, and then formally withdraw from California. Be aware that California may still try to collect the $800 annual tax for the year you're leaving, and they might require verification that you truly have no California source income. It's advisable to work with a professional who specializes in these inter-state conversions to avoid any gaps in your entity's legal status or unexpected tax consequences.
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Isabella Oliveira
I'm dealing with essentially the same situation but I'm confused about how income tax works. If my LLC is disregarded and I'm a foreign person not living in the US, do I still pay US income tax on the profits? I've heard about something called "effectively connected income" but I'm not sure if that applies to me.
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Ravi Kapoor
•Foreign persons generally only pay US income tax on income that's "effectively connected" with a US trade or business (ECI) or certain US-source fixed or determinable annual or periodical income (FDAP). If you're providing services through your LLC to US clients while physically outside the US, it gets complicated. Some tax treaties may provide protection, but without a treaty, the IRS might consider your LLC's income as ECI subject to regular US income tax rates. This is true even if your LLC is disregarded. This is definitely an area where you need specialized advice based on your specific country of residence and the nature of your business.
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Donna Cline
This is such a complex area and I appreciate everyone sharing their experiences here. I went through this exact same confusion last year with my foreign-owned single-member LLC. One thing I want to emphasize that hasn't been mentioned yet is the importance of keeping detailed records of ALL transactions between you and your LLC, even if they seem minor. The Form 5472 requires reporting of "reportable transactions" which includes things like loans to/from the LLC, guarantees, and even certain services provided. The threshold is surprisingly low - $25,000 per category per year. Also, regarding the income tax question that Isabella raised - this is where having access to proper guidance becomes crucial. The determination of whether your income is "effectively connected" with a US trade or business depends on many factors including the nature of your services, where they're performed, and whether you have any US tax treaty protections. I ended up working with a CPA who specializes in international tax, but even then we had to do a lot of research on the specific treaty provisions between the US and my home country. The good news is that once you understand your specific requirements, the annual compliance becomes much more manageable. The key is not to delay - those penalties for missing Form 5472 are real and they don't care about your confusion or good intentions.
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