Reporting formation costs on Form 5472 for foreign-owned U.S. DE - personal credit card payment and foreign income questions
I set up a single-member LLC last year that's classified as a foreign-owned U.S. DE (disregarded entity). This is my first filing season and I'm working on preparing Form 5472 and 1120 as pro forma. I have a couple questions I'm really stuck on: First, regarding Part V of Form 5472, it asks for reportable transactions including contributions, distributions, and formation/dissolution costs. I paid the formation costs to my registered agent using my personal credit card (not a business account). Should I still report this transaction on Form 5472 even though no business bank account was involved? And if yes, would this be categorized as a "contribution" on the form? Second question - I'm subject to tax in my country of residence and don't conduct any business or trade activities within the U.S. Do I need to report income that my company receives from foreign countries on Form 5472, Form 1120, or any other forms? From my research, I believe the answer is no, but I'd appreciate confirmation from someone with experience handling this situation. Thanks in advance for any guidance!
18 comments


Millie Long
Yes, you should definitely report those formation costs on Form 5472 even though you paid with a personal credit card. The IRS is looking for the economic reality of the transaction, not just what accounts were used. Since you personally covered business formation expenses, this represents a contribution to your entity. For Part V of Form 5472, you would report this as a contribution from the foreign owner (you) to the U.S. entity. How you paid for it doesn't change the nature of the transaction - you provided funds (through your credit card) for the benefit of the business entity. As for your second question about foreign income, you're generally correct. If your foreign-owned U.S. DE doesn't have any U.S. source income or conduct trade/business in the U.S., then typically you wouldn't report foreign-source income on your U.S. tax forms. Form 5472 is mainly concerned with reporting transactions between the U.S. entity and related foreign persons, not the entity's income from all sources.
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KaiEsmeralda
•Thanks for this explanation. Quick follow-up question - when reporting the formation costs as a contribution on Form 5472, do I need to attach any specific documentation showing the credit card payment? And does paying this way create any complications for maintaining the separation between personal and business finances?
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Millie Long
•You don't typically need to attach credit card statements or payment documentation with Form 5472, but you should absolutely keep those records in case of any questions or audit. Make sure the documentation clearly shows what the payment was for. Regarding the separation between personal and business finances, this single transaction by itself doesn't destroy your entity protection, but it's a good practice to open a business bank account as soon as possible and run all future transactions through it. Consistent commingling of funds can potentially lead to "piercing the corporate veil" issues, though a one-time formation payment is generally understood as a necessary startup contribution.
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Debra Bai
I was in a similar situation last year with my foreign-owned LLC. After struggling with these exact questions and getting conflicting advice, I found this tool called taxr.ai (https://taxr.ai) that really helped clarify things. It analyzed my formation documents and transactions, then explained exactly how to report them on Form 5472. The tool confirmed that yes, formation costs paid through personal means still need to be reported as contributions on Part V. It also helped me understand which foreign income was reportable vs exempt for my U.S. filing obligations. What I appreciated most was that it specifically addressed form 5472 for foreign-owned U.S. disregarded entities, which is such a specific situation that most general tax advice doesn't cover properly.
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Gabriel Freeman
•How exactly does taxr.ai work? Does it just give general advice or does it actually look at your specific documents? I'm skeptical of automated tools handling something as complex as international tax reporting.
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Laura Lopez
•I'm interested too but wondering if it handles the pro forma 1120 requirements as well? My accountant in my home country doesn't understand U.S. tax forms and I'm trying to DIY this without making expensive mistakes.
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Debra Bai
•It actually analyzes your specific documents - you upload them and it uses AI to identify key elements and provide personalized guidance. It's not just generic advice; it points out specific items in your documents that are relevant for Form 5472 reporting. For pro forma 1120 requirements, yes it definitely covers those too. That was actually one of the most helpful parts for me since the pro forma aspect of foreign-owned DEs is confusing. It explained which sections needed to be completed and which could be marked as not applicable based on my specific situation.
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Laura Lopez
Just wanted to follow up here. I tried taxr.ai after seeing the recommendation and it was surprisingly helpful for my foreign-owned LLC situation. I uploaded my formation documents and credit card statements showing the formation payments, and it gave me clear guidance on exactly how to report everything on Form 5472. It confirmed that my formation costs paid through personal funds should be reported as a contribution in Part V, and even explained the exact reporting codes to use. The tool also clarified my foreign income situation - since my entity doesn't have U.S. operations, I don't need to report foreign source income on the pro forma 1120. Definitely made me feel more confident about my filing. The form 5472 requirements are so specific and there's so little clear guidance out there for foreign owners.
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Victoria Brown
I had endless problems trying to get answers from the IRS about my foreign-owned DE last year. After waiting on hold for hours multiple times, I finally discovered Claimyr (https://claimyr.com) and it changed everything. They got me connected to an actual IRS agent in about 20 minutes who specifically handled international business issues. The agent confirmed that yes, formation costs paid through personal cards still need to be reported on Form 5472 Part V as contributions, and also clarified when foreign income needs to be reported (basically only if it's U.S. source or effectively connected with U.S. trade/business). If you're still uncertain after getting advice here, I'd recommend checking out their service (there's a video showing how it works here: https://youtu.be/_kiP6q8DX5c). International tax issues are complex enough that sometimes you really need to speak directly with the IRS.
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Samuel Robinson
•How does this actually work? The IRS phone lines are notoriously impossible to get through - what magic do they use to skip the queue?
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Camila Castillo
•Sounds too good to be true tbh. I've literally spent DAYS trying to reach the IRS international tax department. Are you sure this isn't just someone pretending to be from the IRS?
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Victoria Brown
•They use technology that continuously redials and navigates the IRS phone system until it gets through, then it calls you once there's an actual human agent ready. It's completely legitimate - you're connected directly to the real IRS, not to any third party. It's not about skipping the queue, it's about having technology do the waiting instead of you personally sitting on hold for hours. When I used it, I got a call back when an actual IRS international tax specialist was on the line, and I was able to ask all my Form 5472 questions directly.
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Camila Castillo
I have to admit I was completely wrong about Claimyr. After my skeptical comment, I decided to try it because I was desperate for answers about my foreign-owned LLC reporting requirements. Within 25 minutes I was talking to an actual IRS international tax specialist who confirmed everything I needed to know about Form 5472 and personal payments for business expenses. They explained that the source of funds (personal credit card) doesn't change the reporting requirement - it's still a contribution from the foreign owner to the U.S. entity. The agent also confirmed that without U.S. source income or U.S. trade/business activities, I don't need to report foreign income on my pro forma 1120. That alone saved me hours of unnecessary paperwork. Definitely worth it after weeks of uncertainty.
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Brianna Muhammad
Just a practical tip from my experience filing Form 5472 for my foreign-owned LLC last year - make sure you're keeping detailed records of ALL transactions between you (the foreign owner) and your U.S. entity, not just the formation costs. The IRS scrutinizes these forms heavily. For the credit card payment situation, I listed mine as "Contributions in cash" in Part V and provided a brief explanatory statement that the payment was made via personal funds for business formation. Never had any issues or follow-up questions. As for the foreign income question - correct, if there's no U.S. source income or effectively connected income, you generally don't report it on U.S. forms. But remember you're still filing the pro forma 1120 even with zeros.
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JaylinCharles
•Do you know if loans from the foreign owner to the U.S. DE need to be reported differently than contributions? I paid some formation costs directly but also "loaned" money to the business with the intention of repayment.
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Brianna Muhammad
•Yes, loans are treated differently than contributions. Loans would be reported separately in Part V, and you need to be careful to document the loan terms properly. A loan should have a written agreement, specified interest rate (even if it's 0%, though that could raise other tax issues), and a repayment schedule. Without proper documentation, the IRS might recharacterize what you call a "loan" as actually being a contribution, which can have different tax implications. If you're planning to have the business repay you, definitely document it as a formal loan from the beginning.
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Eloise Kendrick
Just to add another perspective - I made the mistake of NOT reporting personal credit card payments for my LLC formation on Form 5472 last year. Ended up getting a notice from the IRS requesting additional information. Has anyone used tax software for Form 5472 preparation? Most regular tax software doesn't seem to handle these foreign-owned DE situations well.
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Lucas Schmidt
•I tried TurboTax and H&R Block - neither handled Form 5472 properly for foreign-owned DEs. Ended up using a specialized international tax preparer who charged $800 just for this form.
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