Q&A

Do I have to file form 5472?

Do I have to file form 5472?

A U.S. corporation with 25\% or more foreign ownership, or foreign corporations that do business or trade in the U.S. are required to file IRS Form 5472. You must report the existence of all related parties in Form 5472 as well, and fill out a separate form for each foreign owner.

What is a reportable transaction for form 5472?

A reportable transaction is listed on Form 5472 in Part IV and is a monetary transaction (paid or received) between the foreign party and reporting corporation during that tax year.

Can form 5472 be extended?

Extension of 5472 due date If you need more time to file Form 5472 + Form 1120, you can request an Extension by filing Form 7004 and this will extend the due date to file the forms 6-months, until October 15th.

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Can I file Form 5472 online?

Both Tax Form 5472 and Tax Form 1120, will need to be filed through the mail together as foreign-owned LLCs cannot file online.

Does an LLC file Form 5472?

Any foreign person that owns (directly or indirectly) a Single-Member LLC, must file Form 5472 and Form 1120. A U.S. person who owns an LLC doesn’t have to file Form 5472 and Form 1120.

What is the difference between Form 5471 and 5472?

The main difference between Form 5471 and Form 5472 is that Form 5471 is filed by a U.S. taxpayer while Form 5472 is filed by any foreign corporation engaged in a U.S. trade or business or a U.S. corporation that is 25\% foreign-owned.

When is Form 5472 due?

April 15
The form 5472 due date is April 15, together with your company’s Form 1120. If you file an extension for your corporate tax return, the Form 5472 is due together with the tax return on October 15.

When do I need to file Form 5472?

The form 5472 due date is April 15, together with your company’s Form 1120. If you file an extension for your corporate tax return, the Form 5472 is due together with the tax return on October 15.

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What is the difference between 5471 and 5472?

What is the difference between Form 5471 and Form 5472? The main difference between Form 5471 and Form 5472 is that Form 5471 is filed by a U.S. taxpayer while Form 5472 is filed by any foreign corporation engaged in a U.S. trade or business or a U.S. corporation that is 25\% foreign-owned.

What is a related party for Form 5472?

Related Party For Form 5472 purposes, the ownership threshold is only 25\%. A related party is a foreign person who owns directly or indirectly 25\% of either the total voting power of all classes of stock entitled to vote or the total value of all classes of stock of the corporation.

Does a foreign-owned US de need to file Form 5472?

For tax years beginning on or after January 1, 2017, a foreign-owned US DE is treated as an entity separate from its owner and is required to file Form 5472. Note that this is a departure from the typical US tax treatment of DEs which are usually not required to make any separate filings.

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When does a reporting corporation need to file Form 5472?

Generally, a reporting corporation must file Form 5472 if it had a reportable transaction with a foreign or domestic related party. Exceptions from filing. A reporting corporation is not required to file Form 5472 if any of the following apply. It had no reportable transactions of the types listed in Parts IV and VI of the form.

Do Form 5472 and Form 1120 apply to foreign-owned multi-member LLCs?

Therefore, the Form 5472 and Form 1120 requirements do not apply to most Foreign-owned Multi-Member LLCs (again, those are taxed as a Partnership). The reason why is because Multi-Member LLCs taxed as a Partnership are considered Domestic Partnerships by the IRS, and Domestic Partnerships are U.S. persons, which must file a U.S. tax return.

What is the penalty for not filing Form 5472?

A penalty of $10,000 will be assessed on any Reporting Corporation that fails to file Form 5472 when due and in the manner prescribed. In addition, other penalties can apply beyond the basic $10,000 late filing penalty. Note that filing a substantially incomplete Form 5472 constitutes a failure to file Form 5472.