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The IRS Form 5472 plays an essential role for foreign-owned corporations and U.S. businesses with foreign owners. Designed to facilitate reporting on transactions between these entities, the form is a crucial tool in promoting transparency and ensuring compliance with tax regulations. If you own a foreign corporation or are a U.S. resident with foreign ownership in your business, understanding this form is vital. You'll need to disclose various details, including the nature of the transactions, the amounts involved, and the relationship between the parties. Failing to file this form can result in significant penalties, including hefty fines and potential complications in your tax filings. Knowing the requirements and deadlines for Form 5472 not only helps avoid pitfalls but can also ensure your business remains in good standing with the IRS. With its intricate requirements and deadlines, navigating the complexities of this form can seem overwhelming, but being informed and prepared can make the process smoother.

IRS 5472 Example

Form 5472

Information Return of a 25% Foreign-Owned U.S. Corporation or a

 

Foreign Corporation Engaged in a U.S. Trade or Business

 

(Rev. December 2018)

(Under Sections 6038A and 6038C of the Internal Revenue Code)

OMB No. 1545-0123

 

 

Go to www.irs.gov/Form5472 for instructions and the latest information.

Department of the Treasury

For tax year of the reporting corporation beginning

,

, and ending

,

Internal Revenue Service

Note: Enter all information in English and money items in U.S. dollars.

 

Part I Reporting Corporation (see instructions). All reporting corporations must complete Part I.

1a Name of reporting corporation

 

 

 

 

 

1b Employer identification number

 

 

 

 

 

 

 

Number, street, and room or suite no. (if a P.O. box, see instructions)

 

 

 

1c Total assets

 

 

 

 

 

 

 

City or town, state, and ZIP code (if a foreign address, see instructions)

 

 

 

 

 

 

 

 

 

 

 

$

 

 

 

 

 

 

 

 

1d Principal business activity

 

 

 

1e Principal business activity code

1f Total value of gross payments made or received

1g Total number of Forms 5472

1h Total value of gross payments made or received

reported on this Form 5472. See instructions.

 

filed for the tax year

reported on all Forms 5472. See instructions.

$

 

 

 

 

$

 

 

1i Check here if this is a consolidated filing

1j

Check here if this is the initial year for which the U.S.

1k Country of incorporation

of Form 5472 . . . . . .

 

reporting corporation is filing a Form 5472 . .

 

 

 

 

 

1l Country(ies) under whose laws the reporting corporation files an income

1m Principal country(ies) where business is conducted

tax return as a resident

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2Check here if, at any time during the tax year, any foreign person owned, directly or indirectly, at least 50% of (a) the total voting power of all

classes of the stock of the reporting corporation entitled to vote, or (b) the total value of all classes of stock of the reporting corporation

3Check here if the reporting corporation is a foreign-owned domestic disregarded entity (foreign-owned U.S. DE) treated as a corporation for

purposes of section 6038A. See instructions

. . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II 25% Foreign Shareholder (see instructions)

Check here if any direct (or ultimate indirect) 25% foreign shareholder listed in Part II is a surrogate foreign corporation under section 7874(a)(2)(B).

1a Name and address of direct 25% foreign shareholder

1b(1) U.S. identifying number, if any

1b(2) Reference ID number (see instructions)

1b(3) Foreign taxpayer identification number (FTIN), if any (see

 

 

 

 

 

instructions)

 

 

 

 

 

 

 

1c

Principal country(ies) where

1d Country of citizenship,

1e

Country(ies) under whose laws the direct 25% foreign shareholder

 

business is conducted

organization, or incorporation

 

files an income tax return as a resident

 

 

 

 

 

 

 

 

2a

Name and address of direct 25%

foreign shareholder

 

 

 

 

 

 

 

 

2b(1) U.S. identifying number, if any

2b(2) Reference ID number (see instructions)

2b(3) FTIN, if any (see instructions)

 

 

 

 

 

 

 

2c

Principal country(ies) where

2d Country of citizenship,

2e

Country(ies) under whose laws the direct 25% foreign shareholder

 

business is conducted

organization, or incorporation

 

files an income tax return as a resident

 

 

 

 

 

 

 

 

3a

Name and address of ultimate indirect 25% foreign shareholder

 

 

 

 

 

 

 

 

3b(1) U.S. identifying number, if any

3b(2) Reference ID number (see instructions)

3b(3) FTIN, if any (see instructions)

 

 

 

 

 

 

 

3c

Principal country(ies) where

3d Country of citizenship,

3e

Country(ies) under whose laws the ultimate indirect 25% foreign

 

business is conducted

organization, or incorporation

 

shareholder files an income tax return as a resident

 

 

 

 

 

 

 

4a

Name and address of ultimate indirect 25% foreign shareholder

 

 

 

 

 

 

 

 

4b(1) U.S. identifying number, if any

4b(2) Reference ID number (see instructions)

4b(3) FTIN, if any (see instructions)

 

 

 

 

 

 

 

4c

Principal country(ies) where

4d Country of citizenship,

4e

Country(ies) under whose laws the ultimate indirect 25% foreign

 

business is conducted

organization, or incorporation

 

shareholder files an income tax return as a resident

 

 

 

 

 

For Paperwork Reduction Act Notice, see instructions.

 

Cat. No. 49987Y

Form 5472 (Rev. 12-2018)

Form 5472 (Rev. 12-2018)

Page 2

Part III Related Party (see instructions). All reporting corporations must complete this question and the rest of Part III. Check applicable box: Is the related party a foreign person or U.S. person?

1a Name and address of related party

1b(1) U.S. identifying number, if any

1b(2) Reference ID number (see instructions)

1b(3) FTIN, if any (see instructions)

1c

Principal business activity

 

 

 

1d Principal business activity code

1e

Relationship—Check boxes that apply:

Related to reporting corporation

Related to 25% foreign shareholder

25% foreign shareholder

1f

Principal country(ies) where business is conducted

1g Country(ies) under whose laws the related party files an income tax return as a

 

 

 

resident

 

 

 

Part IV

Monetary Transactions Between Reporting Corporations and Foreign Related Party (see instructions)

 

 

Caution: Part IV must be completed if the “foreign person” box is checked in the heading for Part III.

 

 

If estimates are used, check here.

 

 

 

 

 

 

 

 

1

Sales of stock in trade (inventory)

1

 

2

Sales of tangible property other than stock in trade

2

 

3

Platform contribution transaction payments received

3

 

4

Cost-sharing transaction payments received

4

 

5a

Rents received (for other than intangible property rights)

5a

 

b

Royalties received (for other than intangible property rights)

5b

 

6

Sales, leases, licenses, etc., of intangible property rights (for example, patents, trademarks, secret formulas) . .

6

 

7

Consideration received for technical, managerial, engineering, construction, scientific, or like services . . . .

7

 

8

Commissions received

8

 

9

Amounts borrowed (see instructions) a Beginning balance

 

b Ending balance or monthly average

9b

 

10

Interest received

10

 

11

Premiums received for insurance or reinsurance

11

 

12

Other amounts received (see instructions)

12

 

13

Total. Combine amounts on lines 1 through 12

13

 

14

Purchases of stock in trade (inventory)

14

 

15

Purchases of tangible property other than stock in trade

15

 

16

Platform contribution transaction payments paid

16

 

17

Cost-sharing transaction payments paid

17

 

18a

Rents paid (for other than intangible property rights)

18a

 

b

Royalties paid (for other than intangible property rights)

18b

 

19

Purchases, leases, licenses, etc., of intangible property rights (for example, patents, trademarks, secret formulas)

19

 

20

Consideration paid for technical, managerial, engineering, construction, scientific, or like services

20

 

21

Commissions paid

21

 

22

Amounts loaned (see instructions) a Beginning balance

 

b Ending balance or monthly average

22b

 

23

Interest paid

23

 

24

Premiums paid for insurance or reinsurance

24

 

25

Other amounts paid (see instructions)

25

 

26

Total. Combine amounts on lines 14 through 25

26

 

Part V

Reportable Transactions of a Reporting Corporation That is a Foreign-Owned U.S. DE (see instructions)

 

 

Describe on an attached separate sheet any other transaction as defined by Regulations section 1.482-1(i)(7),

 

 

such as amounts paid or received in connection with the formation, dissolution, acquisition, and disposition

 

 

of the entity, including contributions to and distributions from the entity, and check here.

 

 

Part VI

Nonmonetary and Less-Than-Full Consideration Transactions Between the Reporting Corporation and

 

 

the Foreign Related Party (see instructions)

 

 

 

 

 

Describe these transactions on an attached separate sheet and check here.

 

 

Form 5472 (Rev. 12-2018)

Form 5472 (Rev. 12-2018)

Page 3

Part VII

Additional Information.

All reporting corporations must complete Part VII.

1

Does the reporting corporation import goods from a foreign related party?

2a

If “Yes,” is the basis or inventory cost of the goods valued at greater than the customs value of the imported goods? .

bIf “Yes,” attach a statement explaining the reason or reasons for such difference.

Yes Yes

No No

cIf the answers to questions 1 and 2a are “Yes,” were the documents used to support this treatment of the imported

goods in existence and available in the United States at the time of filing Form 5472? . . . . . . . . . . .

3 During the tax year, was the foreign parent corporation a participant in any cost-sharing arrangement? . . . . . .

4During the course of the tax year, did the foreign parent corporation become a participant in any cost-sharing arrangement? .

5a During the tax year, did the reporting corporation pay or accrue any interest or royalty, to the related party, for which the deduction is not allowed under section 267A? See instructions . . . . . . . . . . . . . . . . . .

Yes

Yes

Yes

Yes

No

No

No

No

b If “Yes,” enter the total amount of the disallowed deductions .

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

$

 

 

6a Does the reporting corporation claim a foreign-derived intangible income (FDII) deduction (under section 250) with

 

 

respect to amounts listed in Part IV?

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

.

Yes

No

bIf “Yes,” enter the amount of gross income derived from sales, leases, exchanges, or other dispositions (but not licenses) of property to the foreign related party that the reporting corporation included in its computation of foreign-derived

deduction eligible income (FDDEI). See instructions . . . . . . . . . . . . . . . . . . . . $

cIf “Yes,” enter the amount of gross income derived from a license of property to the foreign related party that the

reporting corporation included in its computation of FDDEI. See instructions. . . . . . . . . . . . . $

dIf “Yes,” enter the amount of gross income derived from services provided to the foreign related party that the reporting

corporation included in its computation of FDDEI. See instructions . . . . . . . . . . . . . . . $

Part VIII Base Erosion Payments and Base Erosion Tax Benefits Under Section 59A (see instructions)

1

Amounts defined as base erosion payments under section 59A(d)

.

$

2

Amount of base erosion tax benefits under section 59A(c)(2)

.

$

3

Amount of total qualified derivative payments as described in section 59A(h) made by the reporting corporation .

.

$

4

Reserved for future use

 

 

 

 

 

 

Form 5472 (Rev. 12-2018)

File Breakdown

Fact Name Details
Purpose The IRS Form 5472 is used to provide information regarding reportable transactions between a reporting corporation and a foreign related party.
Who Must File Domestic corporations that are 25% foreign-owned must file this form if they engage in reportable transactions.
Filing Deadline Form 5472 must be filed by the due date of the corporate tax return, including extensions.
Penalties for Non-Compliance Failure to file Form 5472 can result in penalties of $25,000 per year, plus additional penalties for continued failure to file.
Form Location The IRS Form 5472 can be downloaded from the official IRS website for free.
Additional Information Required Along with the form, taxpayers must provide details such as the names and addresses of foreign related parties and the nature of their transactions.
Record Keeping Certain records related to transactions must be maintained for five years from the date the return is filed.
Governing Laws The IRS Form 5472 is governed by the Internal Revenue Code and associated IRS regulations.

Guide to Using IRS 5472

If you are required to file the IRS Form 5472, you will need to provide accurate information to ensure compliance with U.S. tax laws. Completing this form can seem daunting, but taking it step by step can make the process more manageable. Here’s how to fill it out correctly.

  1. Gather necessary information: Collect all relevant details about your company and any foreign shareholders, including names, addresses, and identification numbers.
  2. Download the form: Obtain the latest version of Form 5472 from the IRS website to ensure you are using the correct version.
  3. Fill in your company details: Start by entering your name, address, and Employer Identification Number (EIN) on the form.
  4. Provide information for reportable transactions: Detail any significant transactions between your business and the foreign related party. This can include sales, loans, and payments.
  5. Describe the foreign related party: Fill in the information of any foreign related parties involved in the transactions, including name, address, and country of incorporation.
  6. Complete all required sections: Make sure you fill out every section of the form that applies to your situation. Double-check for any missing information.
  7. Review your form: Go over the entire form for accuracy and completeness. Verifying all information can help prevent delays and issues with processing.
  8. Sign and date the form: Don’t forget to sign and date the form. This certifies that all information is correct to the best of your knowledge.
  9. Submit the form: Send the completed Form 5472 to the address specified in the IRS instructions. Ensure it is submitted by the due date to avoid penalties.

Get Answers on IRS 5472

What is IRS Form 5472?

IRS Form 5472 is used to report information regarding transactions between a reporting corporation and related foreign entities. This form is mandatory for certain U.S. corporations and foreign corporations conducting business in the U.S.

Who is required to file Form 5472?

Both U.S. corporations that are at least 25% foreign-owned and foreign corporations engaged in a trade or business in the United States must file Form 5472. It's also necessary if the corporation has reportable transactions with foreign related parties.

What are reportable transactions?

Reportable transactions include any exchange of money, goods, or services between the corporation and foreign related parties. This can involve sales, rentals, royalties, or any other types of payments that meet these conditions.

When is Form 5472 due?

Form 5472 must be filed with the corporation's tax return. If the return is due on the 15th day of the fourth month after the end of the corporation's tax year, Form 5472 must be submitted by the same date. Extensions may apply if the tax return is extended.

What are the penalties for not filing Form 5472?

Failing to file Form 5472 can result in significant penalties. Generally, the penalty is $25,000 for each form not filed completely and accurately. Additional penalties may apply for continuing failures.

Can Form 5472 be filed electronically?

Yes, Form 5472 can be filed electronically if it is included with the corporation’s income tax return. The corporation must have an approved e-filing option for the IRS to accept the form electronically.

What information is needed to complete Form 5472?

To complete Form 5472, the following information is generally required:

  • Name and address of the reporting corporation
  • Details of the foreign owner(s)
  • Descriptions of the reportable transactions
  • Financial details of the transactions

Where can I find Form 5472?

Form 5472 can be downloaded from the IRS website. It is available in PDF format, and the accompanying instructions can also be found on the site to assist with completing the form.

Is there a foreign version of Form 5472?

No, there is no foreign version of Form 5472. The form must be completed in English and follow the instructions provided by the IRS for accurate reporting.

What should I do if I need help completing Form 5472?

If assistance is needed, consider consulting a tax professional familiar with international business transactions and IRS regulations. They can provide guidance and ensure compliance with all requirements.

Common mistakes

Filling out the IRS Form 5472 can be challenging, and mistakes can lead to significant penalties. One common error occurs when individuals fail to identify the reporting corporation correctly. It is crucial to use the exact legal name and Employer Identification Number (EIN) of the corporation to ensure accurate processing.

Another frequent mistake is neglecting to include all required information about foreign owners. If a foreign individual or entity owns at least 25% of the U.S. corporation, their details must be reported. Omitting this crucial information could trigger penalties.

Many people also misunderstand the reporting obligations. They may fail to recognize that Form 5472 must be filed if the reporting corporation engages in any transactions with a foreign related party, regardless of the amount. Failing to understand this could result in noncompliance.

Errors in reporting transaction amounts can lead to misinterpretation. Individuals may enter incorrect amounts or forget to convert foreign currency transactions into U.S. dollars. Accurate reporting is critical to avoid issues with the IRS.

Another mistake involves not providing sufficient detail on the types of transactions. The IRS requires clear descriptions of each transaction type, such as sales, loans, or asset transfers. Lack of specificity might raise questions during a review.

Ignoring or misunderstanding the deadline for filing Form 5472 can also result in penalties. The form must be submitted with the corporation’s income tax return, but it also can be filed separately if necessary. Missing the deadline can have serious consequences.

Some individuals incorrectly assume they can file Form 5472 in a subsequent year. This is inaccurate; the form must be submitted for each year that a reporting corporation conducts transactions with foreign related parties. Failure to do so for each tax year is a mistake.

Providing incomplete signatures or missing the required certifications can invalidate the form. The individuals responsible for preparing the return must review and ensure all certifications are complete. Omitting these steps can cause delays and additional scrutiny from the IRS.

Lastly, individuals often fail to retain adequate records and documentation relating to the transactions reported on Form 5472. Keeping organized and accurate records is essential for compliance and can help if the IRS requests additional information.

Addressing these mistakes during the preparation of Form 5472 can help individuals avoid penalties and ensure compliance with IRS regulations. Thorough review and adherence to guidelines can significantly improve the filing process.

Documents used along the form

The IRS Form 5472 is used by certain foreign-owned domestic corporations to report transactions with related parties. When filing this form, several other documents are typically necessary to provide comprehensive information to the IRS. Below is a list of forms and documents commonly associated with Form 5472.

  • IRS Form 1120: This is the U.S. Corporation Income Tax Return. Corporations use it to report their income, gains, losses, deductions, and credits. It’s essential for any entity required to file Form 5472.
  • IRS Form 8832: This form allows a business entity to choose how it wants to be classified for federal tax purposes. A proper classification impacts tax benefits and obligations.
  • IRS Form 8865: Used by U.S. persons with control over foreign partnerships, this form reports the income, deductions, and other tax-related data when applicable.
  • Schedule A (Form 5472): This schedule provides detailed information about related parties and transactions between the reporting foreign-owned corporation and those related parties.
  • IRS Form 1065: This is the U.S. Return of Partnership Income. If the corporation is a partner in a partnership, this form will be necessary to report its share of partnership income.
  • IRS Form 940: This form is used to report annual Federal Unemployment Tax (FUTA). If your corporation pays wages, this form might be relevant to consider.
  • IRS Form SS-4: This form is used to apply for an Employer Identification Number (EIN). Any business entity must have an EIN for tax reporting purposes, including those filing Form 5472.

Gathering these forms and documents in advance can facilitate a smoother filing process. Proper documentation ensures compliance and helps avoid potential issues with the IRS. Always consider consulting a tax professional if you have questions about your specific situation.

Similar forms

  • Form 1120: This is the U.S. Corporation Income Tax Return. Like Form 5472, it is filed by corporations and includes information about income and deductions. Both forms require detailed reporting to comply with IRS regulations.
  • Form 1065: This form is used for partnerships. Similar to Form 5472, it requires information on the financial activities of the partnership and its partners. Transparency in reporting is key for both forms.
  • Form 1040: The U.S. Individual Income Tax Return also collects personal financial information. While Form 5472 focuses on foreign transactions, Form 1040 covers individual income from various sources, emphasizing the importance of accurate reporting.
  • Form 8865: This applies to U.S. persons with interests in foreign partnerships. Like Form 5472, it necessitates detailed reporting on foreign-related activities, ensuring compliance with U.S. tax laws.
  • Form 8938: This is part of the Foreign Account Tax Compliance Act (FATCA) and requires reporting of foreign financial assets. Similar to Form 5472, it aims to provide the IRS with a clear picture of international financial activities.
  • Form 926: Used for reporting the transfer of property to a foreign corporation, this form shares similarities with Form 5472 in terms of disclosing foreign involvement and transactions.
  • Form 5471: This form is for U.S. citizens and residents with foreign corporations. Like Form 5472, it demands extensive reporting on financial activities to assist the IRS in tracking international financial affairs.
  • Form 1118: This form is used to claim the Foreign Tax Credit. It, too, requires information on foreign income, echoing the goals of transparency found in Form 5472.
  • Form 8858: This is for foreign disregarded entities. Similar to Form 5472, it requires reporting on foreign operations, ensuring that the IRS has comprehensive data on activities abroad.

Dos and Don'ts

Filling out the IRS Form 5472 can seem overwhelming, but staying focused on key dos and don’ts can simplify the process. Here’s a helpful list:

  • Do review the form instructions carefully before starting.
  • Don't leave any required fields blank; missing information can lead to penalties.
  • Do ensure that all amounts are reported in U.S. dollars.
  • Don't forget to sign and date the form before submitting it.
  • Do double-check the accuracy of names, addresses, and tax identification numbers.
  • Don't submit the form late. Adhere to IRS deadlines.
  • Do keep a copy of the form and any supporting documents for your records.
  • Don't hesitate to seek assistance if you are unsure about any section of the form.

Taking these steps can help ensure a smoother filing experience, so pay careful attention to details. It’s crucial to get it right the first time.

Misconceptions

The IRS Form 5472 can be confusing for many taxpayers, especially those unfamiliar with international transactions or foreign entities. Here are four common misconceptions about this form:

  • Only foreign corporations need to file Form 5472. This is incorrect. U.S. corporations that are 25% foreign-owned also need to file Form 5472. It's essential to understand that both foreign and domestic entities can have filing requirements under this form.
  • Filing Form 5472 is optional. This is a misconception. If you fall within the requirements, you are legally obligated to file Form 5472. Failure to file can result in significant penalties, making it crucial to determine if the form applies to your situation.
  • Form 5472 only concerns business transactions. Many believe the form only pertains to commercial dealings. However, Form 5472 must also be filed for certain reportable transactions that may need to be disclosed, even if they do not involve a traditional business exchange.
  • Filing Form 5472 is straightforward and requires minimal effort. This assumption can lead to trouble. Understanding the nature of reportable transactions can be complex, and gathering the necessary information often takes considerable time and effort. Proper attention to detail is crucial.

No matter the misconceptions, understanding your obligations regarding IRS Form 5472 is key to maintaining compliance and avoiding penalties. When in doubt, consulting a tax professional can provide clarity and guidance.

Key takeaways

Filling out the IRS 5472 form can seem daunting, but it is crucial for certain foreign-owned U.S. entities. Here are key takeaways to help you navigate the process.

  • Who Needs to File: Generally, foreign corporations that conduct business in the U.S. and have at least one U.S. owner must file this form.
  • Filing Deadline: The form is due on the same date as the corporation's income tax return, typically April 15 for calendar-year entities.
  • Form Purpose: The IRS 5472 is used to report information about related parties and certain transactions between them.
  • Penalties: Failing to file can result in a hefty penalty—up to $25,000 per form, per year.
  • Filing Method: Submit the IRS 5472 form with the corporation’s tax return. If the tax return is not required, file it separately.
  • Recordkeeping: Maintain records of transactions and related party information for at least three years from the date of filing.
  • Form Language: Input responses must be in English. Any financial data should reflect U.S. dollars.
  • Substitute for the 5471: If a U.S. person's foreign corporation has a foreign owner, this form can be a substitute for not filing the IRS 5471.
  • Professional Help: Given the complexity, it may be beneficial to consult with a tax professional familiar with international tax law.