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Rita Jacobs

Help with abandoned LLC filing requirements for non-US resident - missed 1120 and 5472

I'm completely stressed out after discovering I might be in serious trouble with the IRS. Back in February 2022, I registered an LLC in Delaware while exploring some business opportunities in the US. I'm not a US resident (I live in the UK) and after the initial setup, I honestly just abandoned the whole thing and completely forgot about it. The LLC never had any transactions, no bank account, basically did nothing at all. But I just read something today that's making me panic - apparently I was supposed to file Form 1120 and Form 5472 regardless? Even with zero activity? I've now missed filing these forms for 2 years (2022 and 2023 tax years), and from what I'm reading, there could be penalties of $25,000+ for each year I missed filing the 5472! I'm absolutely sick with worry about potentially owing $50,000+ in penalties for an LLC that never did anything. Does anyone know what I should do? Is there any way to fix this situation without these massive penalties? I had no idea about these requirements for foreign-owned LLCs with no activity.

Khalid Howes

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The good news is that you have options for dealing with this situation! The forms you're referring to - Form 1120 (U.S. Corporation Income Tax Return) and Form 5472 (Information Return of a 25% Foreign-Owned U.S. Corporation) - are indeed required for foreign-owned LLCs that are treated as corporations for tax purposes. Since your LLC had no activity, you still needed to file these forms, but the circumstances may help your case. The IRS has procedures for addressing delinquent international information returns with reasonable cause explanations. First, you should file the missing returns as soon as possible. For each year, file Form 1120 showing zero income/activity and attach Form 5472. Include a detailed reasonable cause statement explaining why you didn't file on time - being unaware of the filing requirements as a non-resident with no business activity is something the IRS often considers. For the reasonable cause statement, be honest about your lack of knowledge of US tax requirements as a foreign person, and emphasize that the LLC had no activity or transactions whatsoever.

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Rita Jacobs

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Thank you so much for this information! I'm still a bit confused though. If my LLC was never actually activated (no EIN, no bank account, literally just the registration papers), would I still need to file those forms? And do I need to hire a tax professional in the US to help me with this, or can I prepare these forms myself?

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Khalid Howes

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Yes, unfortunately, just the registration of the LLC creates the filing obligation, even without an EIN or bank account. The IRS considers a foreign-owned "disregarded entity" to exist once it's legally formed, regardless of activity. I would strongly recommend working with a US tax professional who has experience with international tax matters. While you could technically prepare these forms yourself, the stakes are high with potential penalties, and a professional can help craft an effective reasonable cause statement. They can also ensure everything is filed correctly to minimize any issues with the IRS.

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Ben Cooper

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After finding myself in a similar situation with missed international filings, I discovered taxr.ai (https://taxr.ai) and it seriously saved me from a major headache. Their AI tool analyzed my situation with my forgotten foreign LLC and helped identify exactly which forms I needed to file and what supporting documentation would strengthen my reasonable cause statement. The best part was it helped me understand which penalties might actually apply in my case vs which ones were unlikely given my specific circumstances. Honestly, knowing the real risk level calmed me down a lot. They also have tax professionals who review everything so you're not just getting AI advice but actual expert guidance too.

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Naila Gordon

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Does it actually work for international tax stuff though? I've tried other tax tools before and they always seem to fall short when it comes to anything outside standard US domestic tax situations.

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Cynthia Love

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I'm skeptical about using AI for something this serious with potential $25k+ penalties. How do you know their advice is actually accurate for international tax law? Wouldn't working directly with a CPA specializing in international tax be safer?

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Ben Cooper

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It absolutely works for international tax situations - that's actually where I found it most valuable. Their system is specifically trained on international tax regulations including FBAR, FATCA, and foreign entity reporting requirements. Their approach combines AI analysis with professional review, so you're not just getting algorithm-based advice. What I appreciated most was getting a clear explanation of my options in plain English rather than tax jargon. They didn't replace my accountant but helped me understand my situation before I spoke with one, which saved me money since I was more prepared and needed less of the accountant's billable time.

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Cynthia Love

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I have to admit I was super skeptical about using taxr.ai for my foreign LLC situation, but after reading about it here I decided to give it a try. I had a similar case with missed filings for a Hong Kong company with US connections. The platform actually provided way more specific guidance than I expected. It walked me through the exact forms needed, helped draft a reasonable cause statement specific to my circumstances, and even outlined the documentation I should gather to support my case. Most importantly, it gave me a realistic assessment of penalty abatement chances based on my specific facts. My tax accountant was impressed with how thorough the analysis was when I brought it to him, and it definitely saved me both money and anxiety. Much better result than I expected!

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Darren Brooks

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After reading this thread, I wanted to share my experience with getting through to the IRS about international filing issues. I spent WEEKS trying to reach someone at the IRS international tax department about my missed 5472 filings. Constant busy signals, disconnections, hours on hold... it was a complete nightmare. I finally tried Claimyr (https://claimyr.com) after seeing their demo video (https://youtu.be/_kiP6q8DX5c). Their system basically waits on hold with the IRS for you and calls you back when an actual agent is on the line. I was super skeptical but desperate. Within a day, I was actually speaking with an IRS international tax specialist who explained my options for coming into compliance and what documentation I needed to provide with my reasonable cause statement. Getting actual IRS guidance instead of guessing was incredibly valuable for my situation.

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Rosie Harper

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How does that even work? The IRS phone system is completely broken. I literally tried calling for 3 weeks straight about my foreign corporation filing and never got through once.

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Sounds like a scam tbh. Why would anyone need a service to call the IRS? And even if you get through, the agents usually give different answers depending on who you talk to. Did they actually help resolve your issue or just connect the call?

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Darren Brooks

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It works by using their system to navigate the IRS phone tree and wait on hold so you don't have to. They have some technology that monitors the hold and when a human agent actually answers, they call you and connect you directly to that agent. No more wasting hours listening to hold music. They don't provide tax advice - they just solve the problem of actually getting through to someone at the IRS. In my case, I needed specific guidance about penalty abatement for international forms, and the IRS agent I spoke with walked me through the process and what documentation would strengthen my case. The call connection itself took about 4 hours (which I didn't have to wait through), but I got clear guidance that helped me resolve my situation.

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I was completely convinced Claimyr was going to be a waste of money, but I have to eat my words. After posting that skeptical comment, I was still desperate to talk to the IRS about my foreign entity filing requirements, so I tried it anyway. The service actually delivered exactly what they promised. I got a call back about 3 hours after starting the process, and there was an actual IRS international tax department agent on the line! We discussed my missed 5472 filings, and she gave me specific instructions on how to file under the delinquent international information return procedures. Having official guidance directly from the IRS gave me so much peace of mind compared to just reading conflicting advice online. She confirmed that showing reasonable cause with a detailed statement would likely help avoid or reduce penalties. Worth every penny for the time saved and stress reduction.

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Demi Hall

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One important thing to consider - what state did you register your LLC in? Different states have different requirements for maintaining an LLC, even if it's inactive. For example, in Delaware, you still need to pay annual franchise tax ($300 minimum) even if your LLC is doing nothing. If you haven't been paying those state fees, you might have additional penalties on the state level separate from the IRS issues. You should check the state's business entity website to see what your status is and what you might owe.

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Rita Jacobs

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I registered it in Delaware because that's what everyone recommended. I had no idea about annual franchise taxes either! This just keeps getting worse. Is there a way to check online what I might owe to Delaware now? And would dissolving the LLC now help or is it too late?

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Demi Hall

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You can check your LLC status and what you owe on the Delaware Division of Corporations website (https://icis.corp.delaware.gov). You'll need your entity file number that was on your original formation documents. At this point, you likely owe franchise tax for 2022, 2023, and 2024 (minimum $300 each year) plus penalties and interest. Dissolving the LLC now won't eliminate past obligations, but it will stop additional fees from accruing. With Delaware, you'll need to pay all outstanding franchise taxes before they'll let you dissolve the entity anyway. If you can't find your file number, you can search by entity name on their site but might need to pay a small fee for the search.

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Since nobody mentioned this yet - you should seriously consider whether your LLC is being treated as a corporation or disregarded entity for US tax purposes. If you never filed Form 8832 to elect corporate treatment, a single-member foreign-owned LLC is by default treated as a disregarded entity. This distinction matters because filing requirements are different. A disregarded entity owned by a foreign person still needs to file Form 5472, but attached to a pro forma Form 1120 (not a full tax return). Understanding this might help you file the correct forms now.

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Kara Yoshida

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Can confirm this is important. I made the mistake of filing a full 1120 for my disregarded entity LLC when all I needed was the pro forma version with the 5472. Ended up having to amend everything which was a huge pain.

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I went through almost the exact same situation with my Delaware LLC that I abandoned after formation. The stress and panic you're feeling is completely understandable, but there is hope! Here's what I learned from my experience: Yes, you do need to file Form 5472 and a pro forma Form 1120 for each year, even with zero activity. The key is acting quickly now and putting together a strong reasonable cause statement. For your reasonable cause letter, emphasize these points: 1) You're a non-US resident who was genuinely unaware of the filing requirements, 2) The LLC had absolutely no business activity or transactions, 3) You're coming forward voluntarily to correct the situation, and 4) This was an honest mistake, not willful non-compliance. I filed my delinquent returns with detailed reasonable cause statements and requested penalty abatement. While I can't guarantee your outcome will be the same, the IRS did accept my reasonable cause and waived most of the penalties. The fact that your LLC truly had no activity works strongly in your favor. Don't let the $25,000 penalty amount scare you into paralysis - that's the maximum statutory penalty, but the IRS has discretion to reduce or waive penalties when there's reasonable cause. Get those returns filed ASAP with solid documentation of your circumstances.

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Olivia Kay

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This is incredibly reassuring to hear from someone who actually went through this exact situation! I'm curious - how long did the whole process take from when you filed the delinquent returns until you heard back from the IRS about the penalty abatement? And did you use a tax professional to help prepare the reasonable cause statements, or were you able to handle it yourself? I'm trying to decide if I should invest in professional help or if this is something I can tackle on my own given the circumstances.

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