What is Form 5472?
Form 5472 is an information return that must be filed by certain U.S. corporations that are 25% foreign-owned
and by foreign corporations engaged in a U.S. trade or business. The form reports transactions between the
reporting corporation and related foreign parties.
⚠️ Important Note
Failure to file Form 5472 can result in penalties starting at $25,000 per form, per year.
Who Must File Form 5472?
1. 25% Foreign-Owned U.S. Corporations
Any U.S. corporation where at least one foreign person owns, directly or indirectly, 25% or more of:
- The total voting power of all classes of stock
- The total value of all classes of stock
2. Foreign Corporations with U.S. Business
Any foreign corporation engaged in a trade or business within the United States, regardless of ownership structure.
3. Foreign-Owned Disregarded Entities
Single-member LLCs that are disregarded for tax purposes but have a foreign owner must file Form 5472. This includes:
- LLCs owned by foreign individuals
- LLCs owned by foreign corporations
- LLCs owned by foreign partnerships
What Transactions Must Be Reported?
Form 5472 requires reporting of various transactions between the reporting corporation and related foreign parties:
- Sales and purchases of inventory
- Sales and purchases of tangible property
- Rents and royalties paid or received
- Sales and purchases of intangible property
- Consideration for technical, managerial, or other services
- Commissions paid or received
- Amounts borrowed or loaned
- Interest paid or received
- Premiums for insurance or reinsurance
How to File Form 5472
1
Gather Information
Collect all required documentation including EIN, foreign owner details, and transaction records.
3
Maintain Records
Keep all supporting documentation for at least 6 years as required by IRS regulations.
4
File with Tax Return
Attach Form 5472 to your income tax return and file by the due date, including extensions.
Important Deadlines
Form 5472 must be filed with the corporation's income tax return:
- C-Corporations: April 15th (or October 15th with extension)
- S-Corporations: March 15th (or September 15th with extension)
- Foreign-Owned LLCs: April 15th (or October 15th with extension)
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