Tax advisory for online sellersinfo@databiz.es

US LLC for Foreign Owners: Forms 5472, 1120 and EIN

Which forms a US LLC with a foreign owner must handle: EIN (SS-4), Form 5472 with 1120, state reports and mistakes to avoid.

A US LLC owned by a foreign person does not necessarily pay federal corporate tax, but it almost always has reporting duties: getting an EIN, filing Form 5472 with a pro forma Form 1120 every year, meeting state reports and keeping bookkeeping. Failing to file Form 5472 can carry a significant penalty according to the IRS.

Reviewed on 2 October 2026. Informational guide, not tax advice; deadlines and requirements change.

Key forms

FormPurposeWhen
SS-4Apply for the EIN (the LLC’s tax ID)When forming the LLC
5472 + pro forma 1120Report transactions between the LLC and its foreign ownerEvery year
State annual reportKeep the LLC active in its state of formationDepends on state
W-8BEN or W-8BEN-EProve non-resident status to payersWhen a platform asks

For Form 5472 details, see the IRS. The usual 5472 and pro forma 1120 deadline follows the federal corporate return, but check the date and extensions every year.

What to keep in mind

  • Bookkeeping. You need clear records of transactions with the owner to complete the 5472 (LLC bookkeeping).
  • State of formation. Each state has its own fees and reports.
  • Your country of residence. Profits may be taxed there; the LLC does not remove local duties.
  • US indirect taxes. If you sell there, sales tax may apply depending on the state.

Common mistakes

  • Not filing the 5472 because the LLC supposedly has no activity.
  • Mixing personal and LLC funds.
  • Letting the state annual report lapse.

FAQ

Does an LLC with a foreign owner pay tax? It depends on US-connected income and your residence; often the work is reporting, but your case needs analysis.

LLC or OÜ? It depends on where you sell: US LLC or Estonian company for Amazon FBA.

How Data Biz helps

We set up and run bookkeeping and annual filings for LLCs: US LLC. Request a free consultation.

Sources and review

Forms and penalties: IRS. Reviewed on 2 October 2026.

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