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What do you need to know about the 5472 form?

By Christopher Martinez |

The 5472 form is an international tax form that is used by foreign person’s to report an interest in, or ownership over a U.S. company or subsidiary. Technically, the form is referred to as the: Information Return of a 25% Foreign-Owned U.S. Corporation or a Foreign Corporation Engaged in a U.S. Trade or Business.

What happens if a corporation fails to file Form 5472?

A penalty of $10,000 could be assessed on any reporting corporation that fails to file the form when due. Filing a substantially incomplete Form 5472 also constitutes a failure to file. A corporation is 25% foreign owned if it has at least one direct or indirect 25% foreign shareholder at any time during the year.

When to use Form 5472 for IRC 6038a?

“Use Form 5472 to provide information required under sections 6038A and 6038C when reportable transactions occur during the tax year of a reporting corporation with a foreign or domestic related party.” What is IRC 6038A?

When to use Golding and Golding Form 5472?

When a person qualifies for reasonable cause, they may avoid the fines and penalties associated with late, incomplete or an unfiled Form 5472. Golding & Golding specializes exclusively in international tax, and specifically IRS offshore disclosure. Contact our firm today for assistance.

When do foreign owned LLCs have to file Form 5472?

For foreign-owned US LLCs, this filing requirement started in 2017. Foreign-owned LLCs and C corps with at least 25% foreign shareholders or partners must file the information return Form 5472 for every year with reportable transactions. (More about reportable transactions below.)

What does disregarded mean on IRS Form 5472?

The word “disregarded” simply means the IRS “ignores” the LLC for federal tax purposes and taxes the LLC the same way the owner is taxed. The following types of LLCs have to file Form 5472 and Form 1120 every year: