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I own 100% of a US based LLC, in Wyoming, and I am a non-resident of the United States. I want to know if I need to file form 5472 even though my company had no transactions whatsoever.

I paid a third party service to send all the required documentation to the IRS and to form my LLC. Is this important? Since on Part V of the form I need to report:

amounts paid or received in connection with the formation, dissolution, acquisition, and disposition of the entity, including contributions to, and distributions from, the entity

From my understanding, I don't need to file this form, because I have no reportable transactions as per the IRS website. But maybe the formation could be a problem.

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  • Have you filed form 2553?
    – littleadv
    Nov 27, 2023 at 15:05
  • @littleadv No. Should I want to be charged as an S Corp?
    – Vegas
    Nov 27, 2023 at 15:08

2 Answers 2

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You have not filed the form 2553 to have the LLC being treated as a corporation, as such part V applies and it sounds like you do need to file if there were contributions and formation costs.

Better confirm with a tax advisor (EA/CPA licensed in the US).

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If you are a foreign owned non-resident who owns 100% of US Wyoming LLC then you need to file form 1120 + 5472 by fax every year. These forms are very tricky if you don't understand what you are doing you can get penalized for incorrect filling. I suggest you get various online courses posted by certified CPA to understand how to do this and you will end being able to file this on your own every year.

And yes regarding money paid to registered agent to form your LLC this should be reported part V through an attached separate sheet.

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