Form 5472 late, missed or filed wrong: what the IRS texts say to do

This page is for the non-US owner of a US single-member LLC (a "foreign-owned U.S. DE") who missed a Form 5472, filed it late, or filed one that was incomplete or wrong. Each step below quotes or cites the IRS text it rests on. Where those texts stop, the page says so and points you to the IRS or a tax professional (a CPA, an enrolled agent, or a tax attorney). We do not provide template letters.

Step 1: Work out which years need a Form 5472

1. Start from the year the rules began. The instructions say the foreign-owned DE rules apply for tax years beginning on or after January 1, 2017, and ending on or after December 13, 2017 IRS · checked Oct 27, 2026.
2. For each year since the LLC was formed, list every transaction between the LLC and you (or another related party): money in, money out, loans, payments for services, and amounts connected with forming or closing the LLC. What counts is explained in reportable transactions.
3. Mark the years with at least one reportable transaction. The instructions say a foreign-owned U.S. DE is not required to file Form 5472 for a year in which it had no reportable transactions of the types in Parts IV, V and VI.
4. Treat each year separately. The statute sets the penalty at $25,000 for each taxable year LII · checked Oct 27, 2026 with respect to which the failure occurs, so each missed year is its own failure.

Step 2: File the missing years

1. Prepare a pro forma Form 1120 with Form 5472 attached for each missing year. The instructions require this pair for a foreign-owned U.S. DE, with only the name and address and items B and E completed on the Form 1120. They add: "“Foreign-owned U.S. DE” should be written across the top of the Form 1120 IRS · checked Oct 27, 2026." The full checklist is in the filing guide.
2. Check which form version to use. The IRS texts we checked do not say which revision of Form 5472 or Form 1120 to use for a past year. The IRS lists every earlier revision on its prior-year forms page for Form 5472; ask a tax professional which to use.
3. Send each year's forms the prescribed way. The instructions say you cannot file Form 5472 electronically IRS · checked Oct 27, 2026. Fax to 855-887-7737 IRS · checked Oct 27, 2026 (300 DPI or higher IRS · checked Oct 27, 2026) or mail to:
   Internal Revenue Service 1973 Rulon White Blvd M/S 6112 Attn: PIN Unit Ogden, UT 84201 IRS · checked Oct 27, 2026
   The instructions give this as the required address for foreign-owned U.S. DEs and do not list a different one for late returns.
4. Keep a copy of everything you send. The Form 1120 instructions say a corporation should keep copies of all filed returns.

If you filed, but something was wrong

• A substantially incomplete form counts as not filed. The instructions say: "Filing a substantially incomplete Form 5472 constitutes a failure to file Form 5472 IRS · checked Oct 27, 2026."
• A smaller omission or error may not be a failure. The regulation says that if a return was filed but some information was omitted or wrong, the omission or error shall not constitute a failure for purposes of section 6038A(d) LII · checked Oct 27, 2026 if the reporting corporation establishes to the IRS that it substantially complied (26 CFR 1.6038A-4(b)(2)(i)).
• Check what you filed against the instructions. For a foreign-owned U.S. DE they require: a pro forma Form 1120 with Form 5472 attached (not Form 5472 alone); "Foreign-owned U.S. DE" written across the top of the Form 1120; filing by fax or to the dedicated address, not electronically and not to the Form 1120 addresses; and Part V transactions (contributions, distributions, formation and dissolution amounts) described on an attached statement.
• How to correct a filed form. The Form 5472 instructions do not describe how a foreign-owned U.S. DE corrects a Form 5472 it has already filed. See the IRS Instructions for Form 5472 and ask a tax professional before sending anything.

Reasonable cause: what the regulation lists

The IRS's general penalty relief page says: "Reasonable cause is determined on a case-by-case basis considering all the facts and circumstances of your situation IRS · checked Oct 27, 2026." It also says the reasons that qualify depend on the type of penalty and the law for that penalty, and that for businesses the reasons apply to the person with authority to submit the return. For the Form 5472 penalty, that law is section 6038A(d) and the regulation at 26 CFR 1.6038A-4(b). Here is what the regulation lists. The IRS makes the decision.

How the showing is made

• The reporting corporation must make an affirmative showing of all the facts alleged as reasonable cause, in a written statement containing a declaration that it is made under penalties of perjury LII · checked Oct 27, 2026.
• For a failure to file Form 5472, the regulation names the District Director or the Director of the IRS Service Center where Form 5472 is required to be filed as the place to file the statement. It does not say whether the statement goes with the late return or separately.
• The IRS decides whether the failure was due to reasonable cause and, if so, for what period.
• Under the statute, the deadline to furnish the information, and the start of the post-notice period, shall be treated as not earlier than the last day on which (as shown to the satisfaction of the Secretary) reasonable cause existed LII · checked Oct 27, 2026.

Factors the regulation names

• The decision is made case by case, taking into account all pertinent facts and circumstances.
• Circumstances that may indicate reasonable cause and good faith include an honest misunderstanding of fact or law that is reasonable in light of the experience and knowledge of the taxpayer LII · checked Oct 27, 2026.
• Isolated computational or transcriptional errors are generally not inconsistent with reasonable cause and good faith.
• Relying on professional advice (such as an attorney or accountant) does not necessarily show reasonable cause, but reliance is reasonable cause and good faith if it was reasonable under all the circumstances.
• A reasonable belief that the company is not owned by a 25-percent foreign shareholder may be reasonable cause for not filing. The regulation defines a reasonable belief as the taxpayer not knowing or having no reason to know that it is owned by a 25-percent foreign shareholder.

Small corporations

The regulation says the IRS shall apply the reasonable cause exception liberally in the case of a small corporation LII · checked Oct 27, 2026 that had no knowledge of the section 6038A requirements, has limited presence in and contact with the United States, and promptly and fully complies with all IRS requests to file Form 5472 and to furnish books, records or other relevant materials. A small corporation is one whose gross receipts for a tax year are $20,000,000 or less LII · checked Oct 27, 2026.

What the IRS general page suggests you include

For penalty relief requests in general, the IRS page suggests explaining what happened and when, how it prevented you from filing on time, and what attempts you made to file, with supporting documents such as copies of relevant letters, receipts or forms.

If you received a penalty notice

1. Read the notice and follow its instructions. The IRS has a page on understanding your IRS notice or letter.
2. File any missing forms as in Step 2, because the additional penalty keeps running until you do.
3. Ask for relief by phone. The IRS penalty relief page says the IRS may reduce or remove some penalties over the phone: "Call the toll-free number at the top right corner of your notice IRS · checked Oct 27, 2026." Have the notice, the penalty you want relieved, and your reasons ready.
4. Or in writing. The same page says that if the IRS cannot approve relief over the phone, you can request relief in writing with Form 843, Claim for Refund and Request for Abatement IRS · checked Oct 27, 2026. For the Form 5472 penalty, keep in mind that the regulation requires the reasonable-cause showing as a written statement under penalties of perjury.
5. If relief is denied, the IRS page points to its penalty appeal page for next steps.
6. Interest follows the penalty. The IRS page says it charges interest on penalties and will automatically reduce or remove the related interest if it reduces or removes a penalty.

The IRS pages also list where to get help: you can authorize someone to contact the IRS for you, contact the Taxpayer Advocate Service if you cannot resolve the penalty on your own, or contact the International Taxpayer Service Call Center.

First Time Abate and the new automatic exemption

First Time Abate (FTA) is the IRS's most common administrative penalty waiver, and the IRS page says it applies to taxpayers with three years of timely compliance history IRS · checked Oct 27, 2026. The page says FTA is moving to Automatic Exemption from Penalty (AEP), starting Summer 2026 IRS · checked Oct 27, 2026.

• Which penalties are covered. The page says: "The following penalties are eligible for relief, regardless of amount, under FTA or the new AEP IRS · checked Oct 27, 2026": failure to file (sections 6651(a)(1), 6698(a)(1) and 6699(a)(1)), failure to pay (sections 6651(a)(2) and 6651(a)(3)), and failure to deposit (section 6656). The Form 5472 penalty under section 6038A(d) is not on that list.
• Form 1120 on the AEP list. The page lists Form 1120 among the return types considered for AEP, but describes the relief itself this way: "The IRS won’t assess penalties for failure to file, failure to pay, or failure to make a deposit IRS · checked Oct 27, 2026." It does not mention the section 6038A penalty.
• If you do not qualify, the page says you may request relief based on reasonable cause, which is the route described above.

So the IRS page does not say that FTA or AEP removes a Form 5472 penalty. If you receive a notice that applies any relief, follow what the notice says.

Where the IRS texts stop

The IRS texts we checked do not answer these questions. Get advice from a tax professional before acting on them:

• Which form revision to use for a past year.
• How a foreign-owned U.S. DE corrects a Form 5472 it already filed.
• Whether to send a reasonable-cause statement with a late return or only after a notice.

If you would rather hand the preparation to someone, a filing service may help; see our comparison of Form 5472 filing services. A service does not change the rules above.

Related pages

• Form 5472 penalties: amounts and triggers
• Form 5472 for a foreign-owned single-member LLC: step by step
• Which transactions a foreign-owned LLC must report