Filing Form 1040-NR and Form 5472 Together
If your foreign-owned disregarded LLC is engaged in a US trade or business, you owe the IRS two separate filing packages. This guide explains how they relate, where the numbers go, and how to avoid the most expensive mistakes.
Key Takeaways
- Form 1040-NR and Form 5472 + 1120 are filed as two separate packages to different IRS addresses
- The same LLC income appears on both filings but in different places and for different purposes
- Each package has its own deadline, its own mailing address, and its own ID requirements
- ForeignLLCTax.com currently handles Form 5472 + 1120 ($49) with 1040-NR support coming soon
When You Need Both Forms
If you are a nonresident alien who owns a single-member LLC (a disregarded entity) that is engaged in a US trade or business, the IRS requires you to file two completely separate packages every year:
(A) Form 1040-NR — Your Personal Nonresident Tax Return
This reports your income, deductions, and tax liability as a nonresident individual. Your LLC's profit or loss flows onto this return through Schedule C because the LLC is disregarded for tax purposes.
(B) Pro Forma Form 1120 + Form 5472 — The LLC Information Return
This reports the LLC's transactions with its foreign owner and other related parties. It is an information return, not a tax return — no tax is calculated or owed on this filing.
Critical distinction: These two packages are NOT filed together. They go to different IRS addresses, have different ID requirements, and can even have different deadlines. Attaching Form 5472 to your 1040-NR is one of the most common (and most costly) filing errors.
The Two Filing Packages Explained
Package 1: Form 1040-NR
Form 1040-NR is the US income tax return for nonresident aliens. If your disregarded LLC earns effectively connected income (ECI), that income is taxed on this return as if you earned it directly.
| Component | Purpose |
|---|---|
| Form 1040-NR (main form) | Reports income, deductions, credits, and calculates tax owed |
| Schedule C (Profit or Loss) | Reports LLC business revenue, expenses, and net profit/loss |
| Schedule OI (Other Information) | Visa type, days in the US, tax treaty claims, and residency info |
| Form W-7 (if no ITIN/SSN) | Application for Individual Taxpayer Identification Number |
| Payment (if tax owed) | Check or money order payable to United States Treasury |
ID required: ITIN or SSN. If you do not have one, you must apply using Form W-7 and attach it to your 1040-NR. The IRS will process the W-7 first, assign your ITIN, then process the tax return.
Package 2: Form 5472 + Pro Forma Form 1120
This is an information return that reports the LLC's reportable transactions with its foreign owner and other related parties. No tax is calculated. The pro forma Form 1120 is mostly zeros — it serves only as a cover sheet for the Form 5472.
| Component | Purpose |
|---|---|
| Pro forma Form 1120 (cover sheet) | Header info only — name, EIN, address, tax year. All financial lines are zero. |
| Form 5472 Parts I-IV | Identifies the reporting corporation (LLC) and the 25% foreign owner |
| Form 5472 Part V | Lists all reportable transactions — capital contributions, distributions, service fees, rents, etc. |
| Form 5472 Part VI | Additional information if the LLC had related-party transactions beyond Part V categories |
ID required: EIN (Employer Identification Number) for the LLC plus a reference ID for each foreign owner. No ITIN or SSN is needed for this package.
How Income Flows Between the Forms
Because the LLC is a disregarded entity, the same underlying business activity appears on both filings — but in different places and for different purposes. Understanding where each number lands is essential for consistency.
| Item | On 1040-NR | On 5472 + 1120 |
|---|---|---|
| LLC gross revenue | Schedule C, Line 1 (Gross receipts) | Form 5472, Part V (as reportable transaction) |
| LLC business expenses | Schedule C, Lines 8-27 (Expenses) | Form 5472, Part V (as reportable transactions) |
| Net profit from LLC | Schedule C, Line 31 → 1040-NR, Line 12 | Not reported separately (embedded in transactions) |
| Capital contributions to LLC | Not reported on 1040-NR | Form 5472, Part V (capital contribution from foreign owner) |
| Distributions from LLC | Not reported on 1040-NR | Form 5472, Part V (distribution to foreign owner) |
| Owner’s personal deductions | 1040-NR itemized or standard deduction | Not reported on 5472 |
Why this matters: If you report $50,000 in gross revenue on Schedule C but only $30,000 on Form 5472, the IRS computers will flag the discrepancy. Both filings pull from the same underlying financial records — the numbers must be internally consistent.
Step-by-Step Filing Order
The order matters. Completing Schedule C first ensures your numbers are consistent across both filing packages. Follow this sequence:
Gather all LLC financial records for the year
Bank statements, invoices, expense receipts, contracts, and any records of capital contributions or distributions between you and the LLC.
Complete Schedule C (business income and expenses)
Calculate gross revenue (Line 1), cost of goods sold if applicable, and itemize all deductible business expenses on Lines 8 through 27. Line 31 gives you the net profit or loss.
Complete Form 1040-NR using Schedule C results
Transfer your Schedule C net profit to Line 12 of Form 1040-NR. Fill in Schedule OI with your visa type, days present in the US, country of residence, and any tax treaty positions you are claiming.
Apply for ITIN via Form W-7 if you do not have one
Form 1040-NR requires an ITIN or SSN. If you do not have either, complete Form W-7 and attach it to the front of your 1040-NR. Include certified copies of your passport or other acceptable identification documents.
Complete Form 5472 Part V (reportable transactions)
Using the same financial records from Step 1, report all transactions between the LLC and its foreign owner: capital contributions, distributions, service payments, rents, management fees, and any other monetary transactions that occurred during the tax year.
Complete the pro forma Form 1120 (mostly zeros)
Fill in the header information: LLC name, EIN, address, tax year, and date of incorporation. All income and deduction lines are typically zero for a disregarded entity. This form serves only as a cover sheet for the Form 5472.
Mail Form 1040-NR to the IRS
If you are including Form W-7, mail to: IRS ITIN Operation, Austin, TX 78714-0085. Otherwise, mail to the address specified in the Form 1040-NR instructions for your situation. Include payment if tax is owed.
Fax or mail Form 5472 + 1120 separately to Ogden, UT
Mail to: Department of the Treasury, Internal Revenue Service, Ogden, UT 84201-0042. Alternatively, you can fax the 5472 + 1120 package to the IRS at the number listed in the form instructions.
Pro tip: Prepare both packages at the same time even though they are mailed separately. This ensures your numbers are consistent and reduces the chance of a mismatch that triggers an IRS inquiry.
Common Mistakes When Filing Both
These are the errors we see most frequently from filers who need both packages. Each one can result in penalties, processing delays, or rejected returns.
Filing Form 5472 attached to Form 1040-NR
This is the single most common mistake. Form 5472 must be attached to its own pro forma Form 1120 and filed separately. The IRS will reject a 5472 stapled to a 1040-NR, and you may face the $25,000 penalty for failure to file.
Forgetting to report LLC income on Schedule C
Because the LLC is disregarded, its income is YOUR income. If you file a 1040-NR without Schedule C but also file a 5472 showing transactions, the IRS sees an information return with no corresponding tax return reporting that income.
Not applying for an ITIN
Form 1040-NR requires an ITIN or SSN. Many foreign LLC owners have an EIN for their LLC but never applied for a personal ITIN. Without one, your 1040-NR cannot be processed. Apply using Form W-7 attached to your return.
Reporting income differently on the two forms
If Schedule C shows $80,000 in revenue but Form 5472 Part V shows $60,000 in transactions, the IRS will notice the discrepancy. Both filings must reflect the same underlying financial reality.
Missing the April 15 deadline for Form 1040-NR
Form 1040-NR and Form 5472 + 1120 can have different deadlines. Non-US residents may get an automatic 2-month extension to June 15 for the 1040-NR, but the 5472 + 1120 follows the corporate calendar year deadline of April 15. Filing one on time and missing the other is a common oversight.
Using the wrong mailing address for each package
The 1040-NR goes to one IRS address (often Austin, TX if including W-7) while the 5472 + 1120 goes to Ogden, UT. Sending both packages to the same address will cause processing delays and potential penalty notices.
Forgetting to sign both returns
Each package needs its own signature. The 1040-NR is signed by you (the individual). The pro forma 1120 is signed by an authorized officer of the LLC — which is also you, but in your capacity as the LLC owner/manager.
Deadlines
The two packages have different deadlines and different extension rules. Missing either one carries significant penalties.
| Filing | Due Date | Extension | Late Penalty |
|---|---|---|---|
| Form 1040-NR | April 15 (June 15 for non-US residents) | Form 4868 extends to October 15 | Failure-to-file penalty: 5% of unpaid tax per month, up to 25% |
| Form 5472 + 1120 | April 15 (calendar year) | Form 7004 extends by 6 months | $25,000 per form, per year for failure to file |
Best practice: Prepare both packages at the same time, ideally in February or March. Even if you qualify for the automatic June 15 extension on Form 1040-NR, your Form 5472 + 1120 is still due April 15 unless you file Form 7004.
Extension does not mean extension of payment. If you owe tax on your 1040-NR, you must pay by April 15 even if you extend the filing deadline. Interest and late payment penalties accrue from April 15 regardless of any extension.
What ForeignLLCTax.com Handles
We currently handle one of the two filing packages and are actively building support for the other.
Form 5472 + Pro Forma 1120 — $49
Our guided filer walks you through every field of Form 5472 and the pro forma 1120. You see a live preview of the actual IRS forms as you fill them out, and we generate IRS-ready PDFs you can fax or mail.
- Step-by-step guided workflow with plain-English explanations
- Real-time WYSIWYG preview of actual IRS forms
- Built-in validation catches errors before you file
- Downloadable IRS-ready PDFs
Form 1040-NR Filing
For the 1040-NR package, you currently need either a CPA or to file manually. We are building a 1040-NR tool that will integrate directly with our 5472 filer, ensuring your numbers are consistent across both packages.
Coming Soon: Full Combined Filing
One Workflow. Both Packages. No Confusion.
We are building a combined 1040-NR + 5472 filing experience. Enter your information once, and we will generate both IRS packages with consistent numbers, correct addresses, and the right forms for each mailing. No more guessing which number goes where.
Join the waitlist and be the first to know when combined filing launches. No spam — one notification when it is ready.