US tax terms, in plain language.

The words that come with a US LLC you own from abroad, explained in plain language, with the official source for each one.

Glossary
Foreign-owned U.S. DE
What it isA US LLC owned from abroad
FilesForm 5472 + pro forma 1120
SourceIRS instructions
Plain language, official sources
  • Disregarded entity

    A business entity with one owner that the IRS ignores for income tax: its income and expenses are treated as the owner's.

  • First-Time Abatement (FTA)

    An IRS administrative waiver for taxpayers with a clean recent history. For Form 5472 it applies only in a narrow case described in the IRS manual.

  • Foreign-owned U.S. DE

    A US single-member LLC wholly owned by a foreign person. It is ignored for income tax but treated as a corporation for Form 5472.

  • Form 1040-NR

    The US individual income tax return for nonresidents. An LLC owner abroad files it when they have US-connected income or want back US tax withheld.

  • Form 5472

    The IRS information return a foreign-owned US company, including a single-member LLC, files to report its owner and its transactions with related parties.

  • Form 7004

    The form that gives a business an automatic 6-month extension to file, including the pro forma Form 1120 with Form 5472.

  • Form 8832

    The form an LLC uses to choose how the IRS taxes it, for example as a corporation instead of a disregarded entity or partnership.

  • Form W-8BEN

    The form a foreign individual gives a payer to certify foreign status. For a single-member LLC owned by a foreign person, the owner gives a W-8, not a W-9.

  • FTIN (Foreign Taxpayer Identification Number)

    The tax identification number your country of residence gives you. A foreign-owned LLC must report its owner's FTIN on Form 5472.

  • Pro forma Form 1120

    A Form 1120 used only as a cover for Form 5472: the LLC fills in its name, address, EIN and item E, and leaves every income and tax line blank.

  • Reasonable cause

    The ground for asking the IRS to remove a penalty: you acted with ordinary business care and prudence but still could not comply on time.

  • Registered agent

    The person or company, with a physical address in the state, that receives official legal and state documents for your LLC.

  • Related party

    For Form 5472, any person or company connected to the LLC, starting with its 25% foreign owner. One Form 5472 is filed per related party.

  • Reportable transaction (Form 5472)

    Any money or value moving between the LLC and a related party, including capital you put in and money you take out.

  • Substantial presence test

    The day-count test that decides whether a non-US citizen becomes a US tax resident: 31 days this year and 183 weighted days over three years.

  • US trade or business

    Business activity carried on in the United States, by you or by people acting for you. It is the trigger for effectively connected income.