Your LLC’s US tax return. Which forms, which deadlines.

In brief

Which US returns an LLC files depends on three questions: who owns it, how it is classified and whether it does business in the US. An LLC with one foreign shareholder (member) files Form 5472 with a pro forma Form 1120 every year (15 April, extendable to 15 October with Form 7004). If it earns income from business in the US, the shareholder also declares that income personally — as an individual with Form 1040-NR, as a GmbH with Form 1120-F. An LLC with several shareholders files Form 1065, a corporation Form 1120. If the company holds accounts outside the US totalling more than US$10,000, the FBAR is added.

The overview: which return, when

Simplified overview based on the IRS and FinCEN instructions. The states require their own returns depending on the activity.

• Structure: LLC with one foreign shareholder, without business in the US · Return: Form 5472 with pro forma Form 1120 · Deadline for a calendar year: 15 April, extendable to 15 October with Form 7004
• Structure: The same LLC with income from US business, owned by an individual · Return: in addition, the shareholder’s Form 1040-NR · Deadline for a calendar year: 15 June if no US wages subject to withholding are received
• Structure: The same LLC, owned by a GmbH · Return: in addition, the GmbH’s Form 1120-F · Deadline for a calendar year: 15 April with an office in the US, otherwise 15 June
• Structure: LLC with several shareholders · Return: Form 1065 with statements of each shareholder’s share; withholding on the shares of foreign shareholders (Forms 8804, 8805) · Deadline for a calendar year: 15 March
• Structure: Corporation, including an LLC that has elected corporate treatment on Form 8832 · Return: Form 1120, federal tax 21%; plus Form 5472 for a foreign shareholder with 25% or more · Deadline for a calendar year: 15 April, extendable to 15 October with Form 7004
• Structure: Any US company with foreign accounts above US$10,000 · Return: FBAR (FinCEN Form 114) — to FinCEN, not to the IRS · Deadline for a calendar year: 15 April, automatically extended to 15 October

The decisive question: business in the US?

The US taxes foreigners mainly on income that is actually connected with a business in the US (“effectively connected income”). Whether such a business exists is decided by the facts: staff, an office or warehouse on site, agents with authority to conclude contracts, an ongoing activity in the US. Anyone who performs the work for US customers entirely in Europe generally earns no such income — anyone who operates a warehouse there or employs staff usually does. The double taxation agreement between Germany and the US draws a second line: the US may tax business profits only to the extent that they are attributable to a permanent establishment there (Articles 5 and 7). The US CPA clarifies whether the agreement applies in your case and what information the IRS requires for it.

The single-member LLC without business in the US

The most common case for founders from Germany, Austria and Switzerland: the LLC belongs to one person, is not classified as a separate taxable entity and has no income from business in the US. It then usually pays no US federal tax on its profit — but it still has to file: every year Form 5472 with a pro forma Form 1120, by fax or post, not electronically. Even the capital contribution at formation must be reported, as must every withdrawal and every loan between you and the company. The penalty for a missing filing is US$25,000 per form per year. The company reports under its EIN; for a shareholder without a US tax number, the IRS permits a reference number.

Several shareholders: the LLC as a partnership

If the LLC has two or more shareholders, it is treated as a partnership for tax purposes. It files Form 1065 and informs each shareholder of their share. To the extent that its profit is connected with business in the US and is attributable to foreign shareholders, it withholds tax and pays it over — 37 per cent for individuals, 21 per cent for companies (Forms 8804, 8805, 8813) — even if it distributes nothing. The shareholders then file their own US return and claim a credit for the tax withheld. Since June 2026, the ITIN they need for this has been applied for through the acceptance agent, together with an extract from the partnership agreement.

The corporation

A corporation — or an LLC that elects under Form 8832 to be treated as a corporation — is a separate taxable entity. It pays federal tax of 21% on its profit; on top of that comes state tax, in Florida for example 5.5% state corporate income tax for corporations, with a $50,000 exemption. If it distributes profits to a shareholder in Germany, the agreement limits the US withholding tax: 5 per cent for companies with at least 10 per cent of the voting rights, otherwise 15 per cent (Article 10). The corporation reports foreign shareholders with 25 per cent or more on Form 5472 as an attachment to its return.

Accounts in Europe: the FBAR

Under US law, a US company is a US person — even if it belongs to you and is transparent for tax purposes. If it holds accounts outside the US, such as a euro account with a European institution, and their combined balance exceeds US$10,000 at any time during the year, it reports these accounts annually to FinCEN (FBAR, FinCEN Form 114). The deadline is 15 April, automatically extended to 15 October. This particularly affects companies that bring capital to Europe. The capital is not tied to the US: your company can transfer funds to Europe or invest them in Europe — within the terms of the institution concerned. Our partner tax adviser clarifies with you in advance how transfers and investments are treated for tax purposes. That clarification also covers which filings this triggers in the US.

And at home?

Everything here concerns the US. Separately, the company is taxable where it is managed and must be reported to the tax office — in Germany under section 138 of the German Fiscal Code (AO). The tax adviser clarifies which returns are due at home and how tax paid in the US is credited; both sides must fit together.

How FIAON Global handles your deadlines

In every FIAON Global package, our US CPA prepares the first annual US filing — Form 5472 with Form 1120 — and the fee is included in the fixed price. Every one of your company’s deadlines is in the compliance calendar: state, registered agent, IRS and, where needed, the FBAR. Before formation, our partner tax adviser reviews which returns are due at home, so that both sides fit together from the start. From the second year onwards your company incurs running costs: the state fee, the registered agent and the annual US filing. With the annual care plan we take care of all of it for €699 a year – all fees included.

The first US filing in the package

Formation, tax numbers, compliance calendar and the first Form 5472 by our US CPA — Global Structure.

What you need to know

• A US company that is managed from Germany, Austria or Switzerland remains taxable there; its formation must be reported to the tax office (in Germany under section 138 of the German Fiscal Code, AO).
• Annual filing duties apply in the United States even without revenue (Form 5472 with Form 1120), along with state fees and the cost of the registered agent.
• This overview does not replace the review of your case by the US CPA and your tax adviser at home.

Frequently asked questions

Does my LLC have to file a tax return in the US?

Yes, almost always. An LLC with one foreign shareholder files Form 5472 with a pro forma Form 1120 every year — even without revenue. With business in the US, further returns are added.

Does my LLC pay tax in the US?

A single-member LLC without business in the US usually pays no US federal tax on its profit. With income from business in the US, the shareholder becomes taxable there, to the extent that the agreement allows; a corporation pays 21% federal tax.

When is my LLC’s US tax return due?

Form 5472 with pro forma 1120 by 15 April, extendable to 15 October with Form 7004. Form 1065 for several shareholders by 15 March, Form 1040-NR without US wages by 15 June.

Does my LLC have to file an FBAR for its European bank account?

Yes, if the company’s accounts outside the US together exceed US$10,000 at any time during the year. It then files the FBAR with FinCEN, by 15 April, automatically extended to 15 October.

Do I need an ITIN to file a US tax return?

Anyone who files their own US return as an individual — Form 1040-NR, for example — needs an ITIN or SSN. For Form 5472, the company’s EIN is sufficient; for the shareholder, the IRS permits a reference number.