Most questions we get about Form 5472 are not about what goes on the form. They are about the clock: when it is due, whether the deadline can be pushed, what happens if it went in late, and whether a first offense gets forgiven. This page answers those from the IRS instructions, with the exact language where the wording matters. If you need the basics first, who files and what a reportable transaction is, start with the Form 5472 guide and come back.
The due date is the due date of the pro forma Form 1120
A foreign owned single member LLC does not file Form 5472 on its own. The Instructions for Form 5472 (Rev. December 2024) say a foreign owned US disregarded entity must file "a pro forma Form 1120, U.S. Corporation Income Tax Return, with Form 5472 attached by the due date (including extensions) of that Form 1120." So the question "when is Form 5472 due" is really "when is Form 1120 due."
The Instructions for Form 1120 answer that: "a corporation must file its income tax return by the 15th day of the 4th month after the end of its tax year." For a calendar year, that is April 15 of the following year. The 1120 instructions carry one exception, for a fiscal year ending June 30, which files by the 15th day of the third month; it does not apply to a calendar year LLC.
Which tax year does the LLC use? The 5472 instructions settle it: the foreign owned US DE "has the same tax year used by its owner for U.S. tax filing requirements or, if none, the calendar year." An individual owner outside the US with no US filing history has no US tax year of their own, so the LLC lands on the calendar year, and April 15 is the date. If April 15 falls on a weekend or legal holiday, the general IRS rule moves the deadline to the next business day.
Extending the deadline with Form 7004
Yes, the extension applies, and the 5472 instructions say so directly: "A foreign-owned U.S. DE required to file Form 5472 can request an extension of time to file by filing Form 7004, Application for Automatic Extension of Time To File Certain Business Income Tax, Information, and Other Returns. The DE must file Form 7004 by the regular due date of the return."
Three details from the same passage that people get wrong:
- Which form code to use. "Because the Form 5472 of a DE must be attached to a pro forma Form 1120, the code for Form 1120 should be entered on Form 7004, Part I, line 1."
- What to write on it. "'Foreign-owned U.S. DE' should be written across the top of Form 7004."
- Where it goes. The DE "must fax or mail the Form 7004 to the fax number or mailing address identified earlier, by the due date (excluding extensions) of the return. For these entities, do not use the regular filing address listed in the Instructions for Form 7004." The number and address are the same ones used for the return itself, given below.
How long is the extension? The Instructions for Form 7004 say "the automatic extension period for time to file is generally 6 months." For a calendar year LLC that takes the deadline from April 15 to October 15. The 7004 instructions also note that the form "does not extend the time to pay any tax due." A pro forma 1120 carries no tax, so for the typical single member LLC that point is academic, but it matters if the LLC has a separate income tax exposure.
The extension is automatic when the 7004 is filed on time. The IRS does not send an approval; it only writes if the request is denied. Keep the fax confirmation or mail receipt with the year's records, because it is the only proof you will have that the extension exists.
What "late" means for this form
Late is simple: the package was not received by the due date, or by the extended due date if a valid 7004 was filed before the original one. Two things from the instructions widen that definition:
- "Filing a substantially incomplete Form 5472 constitutes a failure to file Form 5472." A form that goes in on time but leaves out required parts is treated the same as one that never went in.
- The penalty applies to a reporting corporation "that fails to file Form 5472 when due and in the manner prescribed." The manner prescribed for a foreign owned DE is fax or mail to the dedicated Ogden address. The instructions state: "If you are a foreign-owned U.S. DE, you cannot file Form 5472 electronically."
A 7004 filed after April 15 does not extend anything. If the original deadline passed without an extension request, the return is late from April 16, and the October date is not available.
The $25,000 penalty and the continuation penalty
The instructions set the initial penalty in one sentence: "A penalty of $25,000 will be assessed on any reporting corporation that fails to file Form 5472 when due and in the manner prescribed." The next sentence extends it: "The penalty also applies for failure to maintain records as required by Regulations section 1.6038A-3."
Then the continuation penalty: "If the failure continues for more than 90 days after notification by the IRS, an additional penalty of $25,000 will apply. This penalty applies with respect to each related party for which a failure occurs for each 30-day period (or part of a 30-day period) during which the failure continues after the 90-day period ends."
Put plainly: $25,000 for the missed filing; then, if the IRS sends a notice and 90 days pass without the filing being made, a further $25,000 for each 30 day period, or part of one, that the failure continues, counted per related party. For a single member LLC with one foreign owner there is usually one related party, so the continuation penalty runs at one $25,000 increment per 30 day block after the 90 day window. The instructions add that criminal penalties under sections 7203, 7206, and 7207 "may also apply for failure to submit information or for filing false or fraudulent information."
The penalty does not scale with income. A company with no revenue and a single capital contribution is exposed to the same $25,000 as a company with sales.
Does first time abatement apply?
This is the question we are asked most. The IRS does not list the Form 5472 penalty among the penalties its first time abate program covers. The IRS page on first time abate names three penalty types: failure to file a tax return under section 6651(a)(1) (and the partnership and S corporation return penalties under sections 6698 and 6699), failure to pay under section 6651(a)(2) and (a)(3), and failure to deposit under section 6656. The 5472 penalty is imposed under section 6038A and is not on that list.
What the IRS does say, on the same page, is that if you do not qualify for first time abate "you may request penalty relief based on reasonable cause." Its reasonable cause page lists information return penalties among those that can qualify, and describes the standard: showing that you acted responsibly before and after the failure, and that there were significant mitigating factors or the failure was due to circumstances beyond your control. The route it gives is to call the number on the penalty notice with supporting documentation, and if relief is not granted by phone, to file Form 843, Claim for Refund and Request for Abatement, with a written explanation.
We state that as the IRS states it. Whether a particular explanation meets the reasonable cause standard is decided case by case, and the IRS pages do not promise an outcome. They do make clear that the ordinary "first offense" waiver is not the mechanism for this penalty.
How the filing is actually made
The 5472 instructions give one dedicated channel for foreign owned DEs and say twice that these filers "do not use the mailing address provided in the Instructions for Form 1120."
| Route | What the instructions say |
|---|---|
| Fax | "Fax (300 DPI or higher) to 855-887-7737" |
| "Internal Revenue Service, 1973 Rulon White Blvd, M/S 6112, Attn: PIN Unit, Ogden, UT 84201" | |
| Electronic filing | Not available: "If you are a foreign-owned U.S. DE, you cannot file Form 5472 electronically." |
The package itself is thin. On the pro forma 1120, "the only information required to be completed on Form 1120 is the name and address of the foreign-owned U.S. DE and items B and E on the first page," and "'Foreign-owned U.S. DE' should be written across the top of the Form 1120." Item B is the employer identification number, so the LLC needs its EIN before it can file; if the EIN is still pending, a Form 7004 extension buys time. Form 5472 is attached behind the 1120, with Part V completed for the DE's reportable transactions with its owner.
What we do in practice: fax the package at 300 DPI or better, keep the transmission report showing the date, page count, and the receiving number, and store it with that year's bank statements and the 7004 confirmation. If a penalty notice ever arrives in error, that transmission report is the evidence.
If you have already missed a year
File it. The continuation penalty in the instructions is triggered by a failure that continues for more than 90 days after IRS notification, so the sooner the missing year is filed, the shorter the exposure. Send the late year's package to the same fax number or address as a current one. If a penalty notice follows, the IRS's reasonable cause page describes the request process; if none follows, keep the confirmation and move on. We file missed years for clients in the same format as current ones, and we keep the calendar current from that point so the question does not come up again.
Calendar for a calendar year LLC
| Date | Item |
|---|---|
| By April 15 | Pro forma 1120 with Form 5472 attached, by fax or mail to Ogden; or Form 7004 by fax or mail to the same channel |
| By October 15 | Extended due date if Form 7004 went in by April 15 |
| Any time | Records supporting the amounts reported, kept under Regulations section 1.6038A-3 |
Want the 7004 and the 5472 off your list?
We file the extension by fax in the first quarter, prepare the pro forma 1120 with Form 5472 from your bank records, fax the package, and archive the confirmations. If a year was missed, we file that too. Tell us about your LLC or read more about what we handle for foreign owned US companies.
Frequently asked questions
When is Form 5472 due for a foreign owned single member LLC?
By the due date of the pro forma Form 1120 it is attached to. The Form 1120 instructions set that at the 15th day of the fourth month after the tax year ends, which is April 15 for a calendar year. The Form 5472 instructions give the DE the calendar year unless its owner has a different US tax year.
Can I extend the Form 5472 deadline?
Yes. The Form 5472 instructions say a foreign owned US DE can request an extension by filing Form 7004 by the regular due date, using the Form 1120 code on line 1, writing "Foreign-owned U.S. DE" across the top, and sending it to the dedicated Ogden fax number or address rather than the address in the 7004 instructions. The extension is generally six months.
What is the penalty for filing Form 5472 late?
The instructions state a $25,000 penalty for a reporting corporation that fails to file when due and in the manner prescribed, and a further $25,000 for each 30 day period, or part of one, that the failure continues beyond 90 days after IRS notification, per related party. A substantially incomplete form counts as not filed.
Does first time abatement cover the Form 5472 penalty?
The IRS first time abate page lists failure to file, failure to pay, and failure to deposit penalties under sections 6651, 6698, 6699, and 6656. The Form 5472 penalty under section 6038A is not on that list. The IRS page says taxpayers who do not qualify may request relief based on reasonable cause instead.
Can Form 5472 be filed electronically for a foreign owned LLC?
No. The instructions state that a foreign owned US DE cannot file Form 5472 electronically. The package goes by fax to 855-887-7737 at 300 DPI or higher, or by mail to the IRS at 1973 Rulon White Blvd, M/S 6112, Attn: PIN Unit, Ogden, UT 84201.
Sources: IRS, Instructions for Form 5472 (Rev. December 2024): When and Where To File, Extension of time to file, Electronic Filing, Penalties; IRS, Instructions for Form 1120: When To File; IRS, Instructions for Form 7004; IRS, Penalty relief due to First Time Abate or other administrative waiver; IRS, Penalty relief for reasonable cause. Current as of August 26, 2026. IRS addresses, fax numbers, and amounts change; confirm on irs.gov before filing.