Guides

Form 5472 vs Form 5471: which one is yours?

The difference between the two IRS information returns most often confused by founders who live abroad.

By Yann LephayPublished · Last updated

Summary

Our one-line answer: Form 5472 reports a U.S. company (or U.S. single-member LLC) owned by a foreign person; Form 5471 reports a U.S. person's interest in a foreign corporation. A French founder with a Wyoming LLC files Form 5472. A U.S. citizen who owns a French SAS files Form 5471. Someone who is both may file both, and that is a CPA case.

Form 5472: U.S. entity, foreign owner. Form 5471: U.S. person, foreign corporation.

Form 5472U.S. corporation 25% foreign-owned, or foreign-owned U.S. disregarded entityFiled with a Form 1120 or a pro forma Form 1120.
Form 5471U.S. persons with interests in certain foreign corporationsInformation Return of U.S. Persons With Respect To Certain Foreign Corporations.
Penalty$25,000 for Form 5472Form 5471 has its own penalties; not covered here.
Form 5472 DeskForm 5472 onlyForeign individual, 100% owner, U.S. single-member LLC, zero income.

Ask one question: which side of the border is the company?

If the company is American and the owner is not, it is Form 5472. If the owner is American and the company is not, it is Form 5471. The IRS Form 5472 instructions mention Form 5471 only to explain a narrow exception for certain U.S. persons who control a foreign corporation; that exception does not apply to foreign-owned U.S. disregarded entities.

Examples

A Brazilian developer with a New Mexico LLC: Form 5472. A Texan who owns 60% of a Mexican S.A. de C.V.: Form 5471. A German GmbH that owns a Delaware corporation: the Delaware corporation files a full Form 1120 with Form 5472, which is outside our individual-owner lane.

Common questions

I am not a U.S. person and I own a U.S. LLC. Do I file Form 5471?

No. Form 5471 is for U.S. persons. Your U.S. LLC files Form 5472 (with a pro forma Form 1120) because it is foreign-owned.

I am a U.S. citizen living abroad with a local company and a U.S. LLC. Which forms?

Possibly both, plus other foreign reporting. That combination needs a CPA who works with Americans abroad; it is outside our product.

What is the reference ID number on Form 5472?

A number the reporting company creates to identify the foreign owner from year to year, used when the owner has no U.S. taxpayer number. The IRS limits it to 50 letters and digits, no spaces or special characters. Keep it identical every year.