Form 5472
Form 5472, officially titled the Information Return of a 25% Foreign-Owned U.S. Corporation or a Foreign Corporation Engaged in a U.S. Trade or Business, is an IRS tax form required under sections 6038A and 6038C of the Internal Revenue Code[1], used by foreign-owned United States companies or foreign corporations engaged in a United States trade or business to report ownership information and related-party transactions between the company and foreign related parties.[2]
History
[edit]Section 6038A of the Internal Revenue Code was first introduced with the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA).[3] In 1985, the IRS published the first version of Form 5472.[4]
In 2017, the Treasury issued new regulations under IRC §§ 7701 and 6038A classifying foreign-owned domestic disregarded entities, often single-member LLCs, "as corporation[s] for purposes of section 6038A", requiring such entities to file Form 5472[5] for taxable years during which they may have had reportable transactions with a related party.
Foreign-owned disregarded entities
[edit]Although foreign-owned disregarded entities are not liable for corporate income tax, IRS instructions require them to file Form 5472 returns alongside a 'pro forma' corporate income tax return form (Form 1120), where only rudimentary information is completed.[6]
It is not possible for disregarded entities to e-file these returns; instead, foreign-owned disregarded entities are required to fax or mail their returns to the IRS.[6]
See also
[edit]References
[edit]- ↑ "About Form 5472, Information Return of a 25% Foreign-Owned U.S. Corporation or a Foreign Corporation Engaged in a U.S. Trade or Business | Internal Revenue Service". www.irs.gov. Retrieved June 23, 2026.
- ↑ 26 CFR § 1.6038A-2
- ↑ Tax Equity and Fiscal Responsibility Act of 1982, Pub. L. No. 97-248, § 339(a), 96 Stat. 324, 632 (1982)
- ↑ "Prior year forms and instructions | Internal Revenue Service". www.irs.gov. Retrieved November 27, 2025.
- ↑ "Treatment of Certain Domestic Entities Disregarded as Separate From Their Owners as Corporations for Purposes of Section 6038A". Federal Register. December 13, 2016. Retrieved June 23, 2026.
- 1 2 "Instructions for Form 5472 (12/2024)". www.irs.gov. Retrieved November 27, 2025.