What is Form 5472?

Tax Court Updates

Form 5472 is used by certain foreign entities that have business activities in the U.S. and by certain taxpayers who have business relations with these entities. Foreign entities that must file Form 5472 include:

    • Foreign corporations that are residents in the U.S.
    • Foreign corporations that are residents in the U.S.
    • Foreign corporations that have a 25% or more ownership interest in a U.S. company

Form 5472 is used to inform the Internal Revenue Service (IRS) about commercial transactions between a foreign entity and its U.S. related parties and to comply with the taxpayer’s tax obligations in relation to these transactions. Foreign entities and taxpayers required to file Form 5472 must do so along with their annual tax return.

Single Member LLC

In the case of LLCs with a single foreign member, such LLC must file Form 5472 and the first page of Form 1120.
Penalties: The penalty for not filing Form 5472 is $25,000 USD per form.

Difference with Form 5471

Form 5472 generally applies to subsidiaries or branches of foreign companies in the U.S. On the other hand, Form 5471 applies when a U.S. taxpayer has an interest or stock ownership in a foreign company. For example, Form 5472 would apply to an LLC incorporated in Texas and whose shareholder is a Mexican individual. Form 5471 would apply when a U.S. individual is a shareholder of a Mexican company.

What to do if Form 5472 has not been filed?

The IRS has various voluntary compliance programs to address non-compliance Among the main programs are the Streamlined Offshore Procedures, Delinquent International Information Return Submission Procedures, among others

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