Business UIQ

US taxes for a foreign-owned LLC

US taxes for a foreign-owned LLC: federal and state taxes, Form 5472 and taxes at home. We explain the rules, and our lawyers check the details.

  • Since 2017
  • 400+ clients
  • Fully remote

In short: an LLC's taxes depend on the number of owners, the type of business and the state. A non-resident's LLC with no US business activity often owes no federal income tax — but it still has to report to the IRS. And remember your taxes in the country where you live.

How an LLC is taxed

  • Single-member LLC (one owner) — by default a disregarded entity: profit is treated as the owner's income. If the income is not connected with a US trade or business, there may be no federal income tax. But Form 5472 with a pro forma 1120 must be filed every year.
  • Multi-member LLC (several owners) — by default taxed as a partnership: Form 1065 is filed and owners receive K-1s. Withholding rules may apply to foreign partners.
  • State taxes — some states charge an annual franchise tax or a minimum tax on LLCs. See the state pages.
  • Sales tax — tax on sales, if you sell goods or services to buyers in states where you have a collection obligation.
  • Taxes at home — income from the LLC is usually taxed in your country of residence.

How we help

  1. Consultation — we review your business and company structure.
  2. We identify obligations — federal, state and sales tax.
  3. We prepare filings — Form 5472, 1120, 1065 and others.
  4. We remind you about deadlines — so there are no penalties.
  5. Lawyers step in — when your situation is not standard.

What we need from you

  • LLC documents and EIN.
  • Account statements for the year.
  • A description of the business: what you sell, to whom and from where.

Timing

Deadlines depend on the form and the state. For most federal filings of a calendar-year LLC the deadline falls in the spring of the following year; we remind you in advance.

Price

  • Tax consultation — included in all LLC packages (from $100 + state fee).
  • Form 5472 and other filings — on request.
  • Accounting — from $150 per month.

FAQ

Is it true that a non-resident's LLC pays no US taxes?

Not always. It depends on the activity, the owners and the state. Reporting is required either way.

What happens if I do not file Form 5472?

The IRS can impose a $25,000 penalty for each unfiled form.

Do I also pay taxes in my home country?

Usually income is taxed in your country of residence. The details depend on your situation — check with a local tax advisor.

Do I need to register for sales tax?

It depends on what you sell and to whom. We will check during the consultation.

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