Your US compliance duties. In the calendar, not at the back of your mind.

A US company has obligations even when it has no revenue: the annual filing with the IRS, the state fee, the registered agent — and the filing in your home country. We keep the calendar; our US CPA prepares the first filing.

In brief

A US company with a foreign shareholder (member) must file Form 5472 together with Form 1120 with the IRS every year — even without revenue. On top of this come the state’s annual report or annual fee and the registered agent. In the home country, the shareholding must be reported, and the company is generally taxed there. FIAON keeps the compliance calendar; our US CPA prepares the first annual US filing within the fixed price.

A US company’s duties over the year

IRS deadline for companies whose tax year is the calendar year. State deadlines for LLCs; amounts and details on the state pages and under “Costs”. Companies formed in the US have been exempt from reporting beneficial ownership information (BOI) to FinCEN since 14 August 2026.

Duty: Form 5472 with Form 1120 · Filed with: IRS, by fax or post · Deadline: 15 April, with Form 7004 until 15 October · Who handles it: US CPA (first year in the package)
Duty: Annual report or annual tax · Filed with: State · Deadline: Florida 1 January to 1 May · Delaware 1 June · Wyoming in the month of formation · Who handles it: FIAON in the compliance calendar
Duty: Registered agent · Filed with: State · Deadline: annually · Who handles it: in the package for the first year
Duty: Notification of the shareholding (Germany: section 138 of the German Fiscal Code, AO) · Filed with: Tax office in the home country · Deadline: with the tax return, no later than fourteen months after the end of the year · Who handles it: Your tax adviser
Duty: Tax return of the company · Filed with: Tax office in the home country · Deadline: under local law · Who handles it: Your tax adviser

Form 5472 — the filing no one can afford to forget

If a US company is owned by a foreign shareholder (member), it reports its transactions with that shareholder to the IRS every year: contributions, withdrawals, loans, services paid for. This is done on Form 5472, filed together with a Form 1120 which, for such a company, serves only as a cover sheet. The filing is mandatory even if the company has had no revenue — the contribution at formation is already a reportable transaction. It is not filed electronically but by fax or post. For a missing or substantially incomplete filing, the IRS can impose a penalty of US$25,000 per form per year; if the filing is still not made after a notice, further amounts are added.

Your obligations in your home country

In Germany, the formation or acquisition of a shareholding in a foreign company must be reported to the tax office (section 138 of the German Fiscal Code, AO) — together with the tax return, no later than fourteen months after the end of the year. Anyone who fails to report risks a fine of no more than €25,000 (section 379 AO). The tax office classifies the US company by comparison with German legal forms (Typenvergleich). Switzerland and Austria have their own rules. In all three countries, a company managed from within the country is generally taxable there. Our partner tax adviser clarifies this before formation — your own tax adviser handles the ongoing tax return.

What you need to know

Deadlines and penalties are set by the authorities, not by FIAON. The compliance calendar reminds you in good time; responsibility for the company remains with you.
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.
Ongoing bookkeeping and the tax return in your home country are not part of the packages; your tax adviser handles them.

The right package

Global Banking keeps the compliance calendar for all US filings and deadlines — and supports further account and card applications.

Frequently asked questions

Do I have to file Form 5472 if my LLC had no revenue?

Yes. The obligation does not depend on revenue but on the company being owned by a foreign shareholder: it must report its transactions with that shareholder, and contributions at formation already count.

What happens if I miss the Form 5472 deadline?

The IRS can impose a penalty of US$25,000 per form per year, with further amounts if the failure continues after a notice. That is why the deadline is in the compliance calendar and our US CPA prepares the first filing.

Who prepares the annual US filing?

In the first year, our US CPA — the fee is included in the fixed price. From the second year, the annual care plan takes this over for €699 a year, all fees included.

Do I have to report the US company to my tax office?

In Germany, yes: under section 138 of the German Fiscal Code (AO), together with the tax return. Austria and Switzerland have their own rules; our partner tax adviser tells you what they are before formation.

What does a US company cost from the second year onwards?

The state fee, the registered agent and the annual US filing. With the annual care plan we take care of all of this for €699 a year, all fees included; the individual amounts per state are on the “Costs” page.

Read on

Your LLC’s US tax return. Which forms, which deadlines. – Pro forma 1120, 1040-NR, 1065, 1120-F, FBAR: which US returns your LLC must file, by structure — with deadlines and the double taxation agreement.
Form 5472. The filing no one can afford to forget. – Form 5472 with a pro forma Form 1120: who must file, what to report, the 15 April deadline, the $25,000 penalty — required even without revenue.
Registered agent and address. Your company’s US presence. – Registered agent, business address, phone number: what an LLC needs by law, what institutions require and why a PO box is not enough.
From Germany to the US. With everything the tax office needs to know. – A US LLC or corporation from Germany: tax at the place of management, the section 138 AO notification, how the LLC is classified — explained honestly.