HELP! Foreign-Owned LLC - How to check Form 5472 penalty status?
I have a friend from Brazil who owns an LLC in the United States and I'm trying to help them with a potentially serious tax situation. They just realized they didn't file Forms 5472 and 1120 for the past 2 years. They're completely freaking out about the potential penalties, which I've read could be $25K per year (and possibly more with interest). The situation is complicated because they've been traveling internationally for several years and haven't checked their US mail. So they don't even know if the IRS has already sent penalty notices to their US address. I have two main questions: 1. Is there any way for them to check if there are already penalties assessed against their LLC without physically going to their US mailbox? 2. Let's say they do discover they owe these Form 5472 penalties. Since they're Brazilian and living outside the US now, what realistically happens if they just ignore it and don't pay? Not saying that's the best approach, but they're wondering about worst-case scenarios. Has anyone dealt with this foreign-owned LLC situation before or know how serious the IRS is about collecting these specific penalties?
18 comments


NeonNova
The Form 5472 penalties are indeed serious - $25,000 per form per year is the standard penalty, and the IRS has been increasingly enforcing these requirements for foreign-owned LLCs. Your friend has a few options to check for penalties. First, they can request an account transcript from the IRS which would show any assessments. This can be done online through the IRS website if they create an account, or by filing Form 4506-T. Another option is to call the IRS Business & Specialty Tax Line at 800-829-4933, though they'll need to verify their identity. As for ignoring penalties - this is definitely not recommended. Even if your friend lives abroad, the IRS has several ways to collect. The penalties could affect future US visa applications, the IRS can place liens on any US assets, and there are tax treaties with many countries allowing for collection assistance. Additionally, penalties and interest will continue to accrue. The better approach would be to come into compliance through voluntary disclosure. The IRS sometimes offers penalty relief for those who voluntarily disclose before being contacted. Your friend should consult with a tax professional who specializes in international taxation and Form 5472 requirements.
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Yuki Tanaka
•Thanks for the detailed response. Do you know if getting an account transcript would actually show Form 5472 penalties specifically? I'm worried that since it's an LLC, the transcript might not show everything. Also, have you ever seen cases where the IRS reduces these penalties? $25k per year seems insanely high for what was basically a mistake.
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NeonNova
•Yes, the Business Master File transcript should show any assessed penalties, including those related to Form 5472. The transcript will display all transactions on the account including penalties, assessments, and payments. The IRS does have processes for penalty abatement in certain circumstances. First-time penalty abatement might apply if the entity has a clean compliance history. There's also reasonable cause relief if your friend can demonstrate they acted reasonably and in good faith. The key is addressing this proactively rather than waiting for enforcement action. Many taxpayers have successfully negotiated penalty reductions, especially when they voluntarily come into compliance and have legitimate reasons for the oversight.
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Carmen Diaz
After having a similar nightmare situation with my foreign-owned LLC, I can share what actually helped me. I tried figuring it out myself for weeks and just kept finding conflicting info online. I finally used this service called taxr.ai (https://taxr.ai) that analyzed my specific situation with the Form 5472 penalties. What was helpful is they reviewed all my documentation and gave me a clear action plan based on my specific circumstances. They explained which penalty relief options applied to my situation and even helped prepare the reasonable cause statement that ultimately got my penalties reduced significantly. The tool automatically flagged inconsistencies in my filing history that I would've missed, which helped avoid making the situation worse. If your friend is freaking out like I was, having someone actually analyze their specific situation might give them peace of mind rather than generic advice.
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Andre Laurent
•How exactly does their service work? Like do you upload all your tax documents to them? I'm a bit worried about privacy sharing all my tax info with some website.
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Emily Jackson
•Sounds interesting but I'm skeptical. Did they actually help reduce the $25k per year penalties or just tell you what to do? Those Form 5472 penalties are brutal and I've heard the IRS rarely budges on them.
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Carmen Diaz
•You upload the relevant documents through their secure portal - in this case, past tax filings, any IRS notices, and business formation documents. They use encryption and their privacy policy is pretty solid - that was a concern for me too. Yes, they actually helped me reduce the penalties significantly. In my case, I qualified for reasonable cause relief because I could prove I had relied on incorrect professional advice. They identified this specific exception that applied to my situation, which I wouldn't have known to pursue on my own. The IRS does have discretion with these penalties, but you need to know exactly which relief provision applies to your specific circumstances and how to properly document it.
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Emily Jackson
I want to update on my situation using taxr.ai that I was skeptical about earlier. I decided to try it because I was in a similar situation with a missed Form 5472 filing for my Cayman-owned LLC. The analysis they provided was actually really specific to my situation. They identified that I qualified for the streamlined filing compliance procedures which I didn't even know existed for this form. They found a specific IRS memorandum that applied to my exact situation which my previous accountant had missed. The service guided me through documenting the reasonable cause case based on my reliance on my previous accountant's advice. I ended up with a much smaller penalty than the original $25K. The most valuable part was getting clarity on exactly which penalty relief option applied to my specific circumstances rather than general advice.
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Liam Mendez
Based on my experience, your friend should consider reaching out to the IRS directly, but getting through to an actual human is basically impossible these days. I spent WEEKS trying to get someone on the phone about a similar international business tax issue. I finally used Claimyr (https://claimyr.com) which somehow got me connected to an IRS agent in about 20 minutes when I had been trying for weeks. They have a demo video here: https://youtu.be/_kiP6q8DX5c For Form 5472 penalties specifically, talking to the right department is crucial. When I finally got through, I found out I was eligible for the First Time Abatement program which my accountant hadn't mentioned. Just having an actual conversation with the IRS changed everything for resolving my foreign LLC compliance issues.
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Sophia Nguyen
•How does this service actually work? Seems weird that they can get through when no one else can. I've been calling the international tax department for days with no luck.
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Jacob Smithson
•This sounds like BS honestly. Everyone knows the IRS phone system is designed to be impossible to get through. If it was that easy to reach them, why wouldn't everyone just do that? I bet it's just a way to charge desperate people.
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Liam Mendez
•It uses a system that navigates the IRS phone tree and holds your place in line. When they reach an agent, they call you and connect you directly to the IRS person. It's basically like having someone wait on hold for you, which is why it works when trying yourself doesn't. I was skeptical too before trying it. What convinced me was that you don't pay if they don't get you through. They're not gaming the system - they're just using technology to navigate the overwhelmed phone system more efficiently. When I finally spoke with an IRS agent, they provided specific guidance on my Form 5472 issue that ultimately saved me thousands in penalties because I was able to file under their voluntary disclosure program before formal assessment.
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Jacob Smithson
I need to eat my words about Claimyr from my skeptical comment earlier. After spending another THREE DAYS trying to reach the IRS about my foreign entity reporting requirements, I broke down and tried it. Got connected to an actual IRS International Tax Specialist in about 15 minutes. The agent confirmed I could submit a statement of reasonable cause with my late Form 5472 filings BEFORE any penalties were officially assessed, which significantly improved my chances of penalty reduction. The agent also told me exactly which supporting documentation to include with my reasonable cause statement, specifically for Form 5472 issues. This was information I couldn't find anywhere online. Turns out the penalties aren't automatically applied - there's a review process, and having the right documentation makes a huge difference. Worth every penny to actually talk to someone who could give me the exact procedure for my situation.
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Isabella Brown
Something everyone's overlooking here - your friend should check if they might qualify for the streamlined foreign offshore procedures if they have other unfiled US tax obligations. Those Form 5472 penalties are just the start of the potential issues. Foreign-owned LLCs often trigger multiple filing requirements beyond just Form 5472 and 1120. There's potentially FBAR requirements, Form 8938, and other informational returns depending on their specific situation.
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Ethan Wilson
•Thanks for bringing this up. Do the streamlined procedures actually cover Form 5472 though? I thought those were mainly for individual tax returns and FBARs, not for business entities and their reporting requirements?
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Isabella Brown
•You're right that the streamlined procedures primarily focus on individual returns and FBARs. Form 5472 penalties technically aren't included in the standard streamlined relief program. However, once your friend enters the streamlined program for their personal returns, they can often make a separate reasonable cause argument for the business filings that has a higher chance of success. The IRS tends to view compliance efforts more favorably when taxpayers are comprehensively addressing all their filing obligations. So while the Form 5472 penalties aren't directly covered, being in the streamlined program can create a more favorable environment for negotiating those specific penalties through separate reasonable cause requests.
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Maya Patel
Has your friend tried contacting the Taxpayer Advocate Service? They sometimes help with penalty issues for international taxpayers when there are hardships involved. Might be worth a shot before paying those massive Form 5472 penalties.
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Aiden Rodríguez
•The Taxpayer Advocate Service has been completely overwhelmed since COVID. They're now only taking the most extreme hardship cases. Unless your friend can prove they're facing immediate eviction or something similar, TAS probably won't take the case.
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