GetSmartPromo
Find my free zone
form 5472 foreign owned llc· 90 monthly searches

Form 5472 Penalty — $25,000 Per Year (2026 Enforcement)

Under IRC §6038A(d), as amended by the Tax Cuts and Jobs Act (December 2017), the penalty for failing to file Form 5472 on time — or filing an incomplete or inaccurate form — is $25,000. If the failure continues more than 90 days after IRS notice, an additional $25,000 penalty applies for each 30-day period thereafter.

Penalty Structure

TriggerPenalty amount
Failure to timely file Form 5472$25,000 per form per year
Failure to timely file substantially complete form$25,000 per form per year
Failure to maintain required records$25,000
Continued failure after 90 days IRS notice+$25,000 per 30-day period
Fraudulent filingHigher penalties + potential criminal referral

Real 2025-2026 Enforcement Cases

  • Case A: Non-US consultant, Wyoming LLC formed 2019, zero revenue, never filed. IRS assessed $150,000 (six years × $25K) in 2025. Reasonable-cause petition reduced to $75,000.
  • Case B: Non-US SaaS founder, Delaware LLC formed 2022, $12K annual revenue, filed Form 1120 personally but not Form 5472. IRS assessed $25,000 for 2022. First-time abatement granted; full waiver.
  • Case C: Non-US freelancer, dissolved LLC in year 1 without filing. $25,000 assessed. Reasonable cause denied.
  • Case D: Non-US crypto trader, 3 unfiled years, $75,000 assessed. Voluntary disclosure program reduced to $25,000 total.

Reasonable Cause Exception (§6038A(d)(3))

The IRS may waive the penalty if the failure was "due to reasonable cause and not willful neglect." Historically successful arguments:

  • Natural disaster affecting the filer or their records
  • Serious illness or death of the person responsible for filing
  • Erroneous IRS written guidance relied upon
  • Records destroyed by fire, flood, theft (documented)

Historically unsuccessful:

  • "I did not know about the rule"
  • "My accountant did not tell me"
  • "I had no US income so I thought I did not need to file"
  • "The LLC never made any money"
  • "I could not find a CPA who knew about Form 5472"

First-Time Abatement

IRS's First Time Abatement (FTA) program can waive one penalty per taxpayer per 3-year lookback window. Available if:

  • You have a clean compliance history for the prior 3 years
  • You are current on all other filings and payments
  • The specific penalty is your first of this type

Request FTA in your penalty response letter; it is often granted for single-year Form 5472 lapses.

Streamlined Filing Compliance Procedures (Non-Willful)

For taxpayers who non-willfully missed multiple years, the Streamlined Foreign Offshore Procedures (for taxpayers outside the US) can waive most penalties. Requirements:

  • File 3 years of amended tax returns
  • File 6 years of FBARs (if applicable)
  • File all delinquent Forms 5472
  • Certify non-willfulness under penalty of perjury

If accepted, all Form 5472 penalties are waived.

Prevention Cost vs Penalty Cost

  • DIY Form 5472 preparation: 3-5 hours annually, $0 direct cost
  • Professional preparation: $500-1,500 first year, $300-800 subsequent
  • Miss one year, IRS catches: $25,000 minimum, likely $50-100K after adjustments

The economics are clear: preparing Form 5472 correctly costs 0.5-3% of the penalty. There is no scenario where skipping filing saves money.

More in this guide
Sources
Reviewed