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Form 5472 ownership: direct, indirect and attribution rules

Who goes on lines 4 to 7 of Part II, what the attribution explanation is, and when ownership chains take a case out of a self-prepared filing.

By Yann LephayPublished · Last updated

Summary

Our answer: if one non-U.S. individual owns your LLC directly, Part II is one block, lines 4a-4e, and lines 6-7 stay blank. If the LLC is owned through a foreign company, a trust or a family arrangement, the direct owner goes on lines 4-5, the ultimate indirect 25% foreign shareholders on lines 6-7, and the instructions require an attached explanation of the attribution of ownership (Rev. Proc. 91-55, Treas. Reg. 1.6038A-1(e)), applying the constructive ownership rules of section 318 as modified for Form 5472. Our reading: that is the point where a self-prepared packet stops being enough; Form 5472 Desk stops at any indirect owner.

Part II: direct 25% foreign shareholders on lines 4-5, ultimate indirect ones on lines 6-7 with an attached attribution explanation; a foreign DE owner is reported as the direct owner.

Lines 4a-4eLargest direct 25% foreign shareholderFor a foreign-owned U.S. DE, the foreign owner.
Lines 6a-7eUltimate indirect 25% foreign shareholdersAttach an explanation of the attribution of ownership.
Attribution rulesSection 318, as modifiedInstructions for Form 5472; Rev. Proc. 91-55; Treas. Reg. 1.6038A-1(e).
Foreign DE as ownerReported as the direct ownerInstructions, lines 4b(3)-7b(3).
Form 5472 DeskDirect individual owner onlyAny holding company, trust or chain is a hard stop.

Our verdict

Direct individual owner: fill lines 4a-4e and leave 6-7 blank. Anything between the person and the LLC: the filing needs an attribution analysis and an attached explanation, and in our reading that is a professional's job, not a self-prepared packet.

Who this page is for, and who it is not for

For: owners checking whether their structure is simple enough to self-prepare. Not for: groups with several layers, trusts or nominee arrangements looking for the attribution analysis itself.

Who goes where in Part II

The Form 5472 has room for two direct and two ultimate indirect 25% foreign shareholders; more go on an attached sheet.

Form 5472 Part II, by ownership structure (Instructions Rev. 12-2024)
StructureLines 4-5 (direct)Lines 6-7 (ultimate indirect)Attachment
One foreign individual owns the LLCThe individualBlankNone
Foreign company owns the LLC; one individual owns the companyThe foreign companyThe individualExplanation of the attribution of ownership
Foreign disregarded entity owns the LLCThe foreign DE, reported as the direct ownerIts owner, if it is an ultimate indirect 25% foreign shareholderExplanation of the attribution of ownership

Common questions

Who is the ultimate indirect owner on Form 5472?

The foreign person who, through one or more entities, owns at least 25% of the reporting corporation, determined with the constructive ownership rules of section 318 as modified in the Form 5472 instructions. They go on lines 6 and 7 of Part II, with an attached explanation of the attribution.

My LLC is owned by my company in Germany. What goes on line 4?

The German company, as the direct owner; if it is itself owned 25% or more by individuals, they may be ultimate indirect owners on lines 6-7. The attribution explanation and the company's identifiers make this a case for a professional.

Does Form 5472 Desk handle an indirect owner?

No. The packet supports one foreign individual owning 100% of the LLC directly. Any foreign company, trust, partnership, nominee or shared ownership stops before checkout.

Does Form 5472 Desk file with the IRS?

No. It prepares a self-review packet and checklist. The user reviews, signs where required, and files through the official IRS mail or fax path.

Does this product provide tax advice?

No. It is self-help software for a narrow packet-preparation lane. Treaty positions, ECI analysis, transfer pricing, reasonable cause, notices, and representation are outside scope.

Run the strict Form 5472 checker

Check whether the facts fit the foreign individual, 100% single-member LLC, disregarded entity, current on-time packet lane before preparing anything.

Open checker