Tax calculator · U.S.

Which IRS forms apply to your U.S. company?

Answer a few questions, one at a time, and get your list: which forms to file, by when, how to request an extension and what happens if you don’t. Tax year 2026, filed in 2027.

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Frequently asked questions

U.S. company taxes: what people ask us most

Clear answers on IRS forms, deadlines and penalties, for U.S. company owners and nonresidents.

Does a single-member LLC with a foreign owner pay taxes in the U.S.?

It depends on where and how it earns money. By default, a single-member LLC is a “disregarded entity”: it pays no tax of its own and its results flow to the owner.

If the owner is a nonresident and the LLC has no U.S. trade or business (for example, it provides services from outside the country, with no office, employees or inventory there), there is normally no federal income tax. Even so, the LLC must file Form 5472 with a pro forma Form 1120 every year.

If it does have a U.S. trade or business, the owner reports those profits on Form 1040-NR.

What is Form 5472 and what is the pro forma 1120?

Form 5472 is an informational return in which the company reports its transactions with its foreign owner: capital contributions, withdrawals, loans and payments. Because a single-member LLC files no income tax return of its own, Form 5472 is attached to a simplified version of Form 1120, called a pro forma, bearing the legend “Foreign-owned U.S. DE.”

It is due April 15, with an extension to October 15 through Form 7004 filed on time. It cannot be filed online, and the base penalty for omitting it is USD 25,000 per form per year. It also applies to corporations with a foreign shareholder owning 25% or more.

What is the difference between a tax resident and a nonresident?

It is an IRS definition, different from the immigration one and from your home country’s. You are a tax resident if you have a green card or spend enough days in the U.S. (the substantial presence test): at least 31 days in the year and 183 or more counting all of this year’s days, one third of last year’s and one sixth of the year before that.

Residents are taxed on their worldwide income; nonresidents only on U.S.-source income and income connected with a U.S. business. There are exceptions (for example, certain student visas or the closer connection to your home country), so confirm your case.

What is “effectively connected” income (ECI) and how do I know if I have it?

It is income from a business that the IRS considers carried on in the U.S. (a “trade or business”): for example, having an office, storefront or inventory in the country, employees or agents there, or providing services in person in the U.S. It is taxed at graduated rates, like a resident’s, and reported on Form 1040-NR (or Form 1120 if it is a corporation).

Providing services to U.S. clients from another country, with no U.S. presence, generally does not create ECI. For product sales it depends on the facts (where the inventory is, who closes the sales), so it’s worth reviewing with a CPA.

Do I have to file Form 1040-NR as an LLC owner?

Only if you have income connected with a U.S. business or U.S.-source income that wasn’t covered by withholding. It is due June 15 if you receive no wages subject to U.S. withholding (April 15 if you do) and can be extended to October 15 with Form 4868; the extension is to file, not to pay.

If you don’t have a Social Security number, you need an ITIN. If your LLC has no U.S. trade or business, you normally don’t file Form 1040-NR, but you still file Form 5472.

Do I have to send a 1099 to my contractors?

For U.S. contractors, ask for a W-9 and, if you paid them USD 2,000 or more for services during 2026, give them and file a 1099-NEC by February 1, 2027 (January 31 falls on a Sunday). Through 2025 the threshold was USD 600. Payments made by card or through platforms such as PayPal are not reported.

For overseas contractors, ask for a W-8BEN (individual) or W-8BEN-E (company). If the service was performed outside the U.S., there is normally no 1099 or withholding. If it was performed in the U.S., 30% withholding and Forms 1042 and 1042-S may apply.

What happens if I add a partner to my LLC?

An LLC with two or more members becomes a partnership for the IRS. It stops filing Form 5472 with the pro forma 1120 and instead files Form 1065 with a Schedule K-1 per partner, by March 15.

Each foreign partner must provide a W-8BEN and, if there is income connected with the U.S., the partnership may have to withhold tax on their share (Forms 8804, 8805 and 8813). Also update your Operating Agreement and notify your bank and payment processors.

What happens if I file late or fell behind in earlier years?

Penalties can be high: USD 25,000 per Form 5472 per year, 5% per month of the unpaid tax on income tax returns (up to 25%), and penalties for late 1099s and FBARs.

If you’re already behind, don’t wait for the IRS to write to you: a CPA can evaluate options such as filing the late returns and asking for penalties to be waived for reasonable cause, or using compliance programs for people who haven’t yet been contacted. The sooner you resolve it, the better.

What is the FBAR and does it apply to my company?

The FBAR (FinCEN 114) reports financial accounts outside the U.S. whose combined balance exceeded USD 10,000 at any point during the year. It applies to “U.S. persons,” which includes an LLC or corporation formed in the U.S.; if you are a tax resident, it also applies to your personal accounts.

It is filed online with FinCEN (not the IRS) by April 15, with an automatic extension to October 15. Accounts at U.S. fintechs are usually U.S. accounts, but each platform is different: confirm with your CPA.

Does this list include state taxes and my home country’s taxes?

No. It covers only federal IRS forms. Each state may require an annual report, franchise tax or taxes of its own, including sales tax if you sell to customers in the U.S.

In addition, your country of residence may require you to report your LLC’s income even if you don’t withdraw the money: having a company in the U.S. does not replace those obligations. Some countries have a treaty with the U.S. to avoid double taxation; others, such as the Dominican Republic, do not. Confirm your case with a local accountant and a CPA in the U.S.

General information for tax year 2026 (filed in 2027). It is not legal, tax or financial advice; rules change and every case has exceptions. Confirm yours with a CPA experienced with nonresidents.