My LLC made no money. Does it still have to file?

Very likely, yes. A foreign-owned single-member LLC reports its transactions with its owner and related parties, and money you put in to pay the formation, registered-agent or bank fees is one of them. A year with truly no reportable transaction may need no Form 5472 — but that is rare, and it is confirmed from the bank records, not assumed.

Is a single-member LLC not 'disregarded'? Why a corporate form?

For income tax it is disregarded. For the Form 5472 rules only, a U.S. LLC wholly owned by one foreign person is treated as a corporation, which is why it files a pro forma Form 1120 — a cover sheet with the name, address and two identifying items — with Form 5472 attached. It computes no tax on that form.

We are two owners. Does this page apply?

Not directly. Without an election, an LLC with two or more members is a partnership and files a partnership return; with a foreign partner, partnership withholding rules may apply. That is a specialist's file — the check routes it there.

Does the LLC owe U.S. income tax?

Not because of Form 5472. Tax depends on whether the LLC runs a U.S. trade or business — an office, staff, a dependent agent or U.S. property can change the answer — and then the owner may file a nonresident return and a state may tax it. A professional reads those facts.

For founders and owners outside the U.S.

Own a U.S. LLC from abroad? Here is what it files.

A U.S. LLC wholly owned by one non-U.S. person generally files Form 5472 with a pro forma Form 1120 each year it has a reportable transaction with its owner or a related party — and money the owner puts in or takes out counts, so “no revenue” rarely means “nothing to file”. The form reports; it computes no tax.

By Danilson Ramos · Founder, Atamatax

Updated October 2026

Who this is for

Founders, freelancers and investors who live outside the U.S. and formed an LLC in Delaware, Wyoming, New Mexico, Florida or any other state — for a U.S. bank account, a payment processor, a marketplace or a holding. If you are a U.S. person who owns a company abroad, that is the opposite direction: the foreign company check covers it.

What a foreign-owned single-member LLC generally files

Form 5472: The information return listing the LLC's reportable transactions with its foreign owner and related parties, with the owner's details.
A pro forma Form 1120: A cover return with the LLC's name, address and two identifying items, marked “Foreign-owned U.S. DE”. Form 5472 is attached to it.
How it reaches the IRS: A foreign-owned single-member LLC cannot e-file Form 5472: the pro forma Form 1120 with Form 5472 attached goes to the IRS by fax or by mail to the dedicated address in the Form 5472 instructions — not the usual Form 1120 addresses.
When: By the Form 1120 due date — 15 April for a calendar-year LLC — or later with a Form 7004 extension sent by that date to the same fax or address.

The transactions that make it a filing year

The instructions list contributions to and distributions from the LLC, and amounts paid or received for its formation, dissolution, acquisition or disposition, among the transactions to report. In practice that includes:

money the owner wired in to open the bank account or pay the first invoices;
formation, registered-agent or annual-report fees the owner paid personally;
profits the owner took out;
loans between the owner (or a related company) and the LLC;
payments between the LLC and a related company for services or goods.

Amounts come from the bank statements; nothing is estimated on the form. The Form 5472 guide walks through a synthetic example.

Beyond Form 5472

Beneficial ownership (BOI). Under FinCEN's final rule (effective 14 August 2026), companies created in the United States are exempt from beneficial ownership (BOI) reporting. A company formed outside the U.S. and registered to do business in a state still reports unless an exemption applies.

Your state. Each state sets its own annual report, franchise tax and registered-agent rules for LLCs. They are separate from the federal filing; check them with the state or your registered agent.

U.S. operations. An office, employees, a dependent agent or U.S. property can create a U.S. trade or business, with U.S. tax on effectively connected income and state tax. That is decided case by case — the check flags it for a specialist.

Two or more owners, or a corporate election. A different return applies — a partnership return, or a full corporate return with Form 5472 for each foreign related party.

If you want it handled

One written quote, before anything is charged

A qualified CPA or enrolled agent engaged through Atamatax prepares the filings your quote lists; the years, the forms, who signs and how they are sent are written down first.

Who prepares it: A qualified CPA or enrolled agent Atamatax engages for your case prepares the returns and forms your quote lists; Atamatax collects the documents and coordinates the case. The professional is named on your case once assigned — never before.
Who checks it, and how: The engaged professional reviews the work in the capacity your quote names, and answers for it; a person at Atamatax checks the file is complete before it reaches you.
Who signs: You sign your return and, where it is e-filed, the e-file authorisation (Form 8879); the professional signs as paid preparer on any return they prepare.
Who files: As your written quote names it: e-filed through the engaged professional's authorised e-file provider where the year and forms allow it, otherwise a paper filing Atamatax coordinates for you to sign. Atamatax's own software transmits nothing; a filing is recorded on your case only with its confirmation.
Before you can buy: Always scoped first, free: a person reads the facts, a professional accepts the case and states their fee to Atamatax, and you receive one written quote from Atamatax that includes it — before any payment for the full engagement. An initial scoping stage, where one is offered, is priced on its own and credited in full. You never contract with or pay the professional separately.
How to reach a person: Write to Atamatax by email, or reply to any Atamatax email: a person reads every message, and we aim to reply within one business day. Once your case is open, Messages on the case reaches the Atamatax team handling it, and the answer is kept with your case. Atamatax stays your point of contact once a professional is assigned; their questions reach you through your case.

Questions

Common questions

My LLC made no money. Does it still have to file?: Very likely, yes. A foreign-owned single-member LLC reports its transactions with its owner and related parties, and money you put in to pay the formation, registered-agent or bank fees is one of them. A year with truly no reportable transaction may need no Form 5472 — but that is rare, and it is confirmed from the bank records, not assumed.
Is a single-member LLC not 'disregarded'? Why a corporate form?: For income tax it is disregarded. For the Form 5472 rules only, a U.S. LLC wholly owned by one foreign person is treated as a corporation, which is why it files a pro forma Form 1120 — a cover sheet with the name, address and two identifying items — with Form 5472 attached. It computes no tax on that form.
Do I have to report my LLC's beneficial owners to FinCEN?: Under FinCEN's final rule (effective 14 August 2026), companies created in the United States are exempt from beneficial ownership (BOI) reporting. A company formed outside the U.S. and registered to do business in a state still reports unless an exemption applies.
We are two owners. Does this page apply?: Not directly. Without an election, an LLC with two or more members is a partnership and files a partnership return; with a foreign partner, partnership withholding rules may apply. That is a specialist's file — the check routes it there.
Does the LLC owe U.S. income tax?: Not because of Form 5472. Tax depends on whether the LLC runs a U.S. trade or business — an office, staff, a dependent agent or U.S. property can change the answer — and then the owner may file a nonresident return and a state may tax it. A professional reads those facts.

See what your own LLC points to

Six short screens — ranges and choices, no EIN or passport. The result lists the federal filings your answers point to, what to check with your state, and what needs a specialist.

Check my U.S. LLC

Authorities cited

Instructions for Form 5472 — Instructions for Form 5472 (Rev. 12/2024) — foreign-owned U.S. disregarded entities, the pro forma Form 1120, reportable transactions, filing by fax or mail, penalties
Form 5472 — Form 5472 — Information Return of a 25% Foreign-Owned U.S. Corporation or a Foreign Corporation Engaged in a U.S. Trade or Business
Treas. Reg. §1.6038A-1 — Treas. Reg. §1.6038A-1 — General requirements; a foreign-owned domestic disregarded entity is treated as a corporation for §6038A purposes
IRC §6038A — IRC §6038A — Information with respect to certain foreign-owned corporations (penalty in §6038A(d))
Form 1120 — Form 1120 — U.S. Corporation Income Tax Return (filed pro forma by a foreign-owned U.S. disregarded entity)
Form 7004 — Form 7004 — Application for Automatic Extension of Time to File Certain Business Income Tax, Information, and Other Returns
FinCEN: beneficial ownership information — FinCEN — Beneficial ownership information reporting (final rule effective 14 Aug 2026: companies created in the United States are exempt; foreign companies registered in a state report unless exempt)
IRC §1446 — IRC §1446 — Withholding of tax on foreign partners' share of effectively connected income

Primary sources (Cornell Legal Information Institute for the US Code and CFR; IRS.gov for forms, procedures, and treaty documents). This page is general information, not individualized tax or legal advice.

Atamatax provides tax preparation support and educational resources. This website does not constitute legal or tax advice.