Q&A library
39 questions, answered directly
Short, straight answers to the questions non-resident LLC owners actually ask — each linked to a deeper guide. Can’t find yours? Ask us directly.
Form 5472 basics
What is Form 5472?
An information return that a 25%+ foreign-owned U.S. entity files to disclose its foreign owner and their transactions with the company. For a single-member LLC it attaches to a pro forma Form 1120. Read more →
Who has to file Form 5472?
Any U.S. LLC at least 25% owned by a non-U.S. person that had a reportable transaction during the year — including forming the LLC or contributing capital. Read more →
Does a dormant LLC with no income file Form 5472?
Usually yes. The duty is triggered by reportable transactions, not profit — formation costs and initial capital already count. Read more →
When is Form 5472 due?
April 15 for a calendar-year LLC, extendable to October 15 by filing Form 7004 on time. Read more →
Can Form 5472 be e-filed?
Not for a foreign-owned disregarded LLC — the package goes to the IRS by mail or fax. Fax gives overseas filers the best time-stamped proof. Read more →
What is a reportable transaction?
Money or property moving between the LLC and its foreign owner or related parties: contributions, distributions, loans, formation costs, and payments for services.
Penalties & fixing problems
What is the penalty for not filing Form 5472?
A minimum of $25,000 per required return, plus another $25,000 per 30-day period if the failure continues after an IRS notice (following a 90-day window). Read more →
I missed the deadline — what should I do first?
File promptly, before the IRS contacts you. The escalating continuation penalty only starts after an IRS notice, so voluntary filing first is the strongest position. Read more →
Can the $25,000 penalty be removed?
It can be abated for reasonable cause — showing ordinary business care and prudence. Relief is fact-specific and never guaranteed; First-Time Abate generally does not apply. Read more →
I have several unfiled years. Do I file them all?
Yes — bring every open year current together, one complete package per year, under one consistent reasonable-cause narrative. Read more →
Is "I didn't know about the requirement" a defense?
By itself, usually not. What strengthens a case is reliance on an advisor, events outside your control, prompt voluntary correction, and clean history.
Can I still extend after missing April 15?
No — Form 7004 is forward-only. After the deadline, the correct move is a prompt late filing, not a retroactive extension. Read more →
EIN, ITIN & paperwork
Can I get an EIN without an SSN?
Yes. A foreign responsible party without an SSN or ITIN can obtain an EIN for a U.S. entity — no U.S. presence required. Read more →
What is the difference between an EIN and an ITIN?
An EIN identifies a business; an ITIN identifies an individual. A foreign-owned LLC always needs an EIN; the owner needs an ITIN only if a personal U.S. filing arises. Read more →
Do I need an ITIN before starting my LLC or store?
No. Formation, EIN, banking, and Form 5472 all proceed without an ITIN. It enters only when a personal return or certain treaty claims require it.
Can I get an ITIN without mailing my passport to the IRS?
Yes — through a Certifying Acceptance Agent (CAA). We are IRS-authorized to certify your identity documents ourselves, so the original passport never goes in the mail. Read more →
What is a W-8BEN and why does Amazon ask for it?
A certificate of foreign status you give the platform so it withholds correctly. It stays with the payer, is not filed with the IRS by you, and expires after about three years. Read more →
W-8BEN or W-8BEN-E — which one is mine?
W-8BEN for individuals; W-8BEN-E for entities. A U.S. single-member LLC is disregarded, so interviews generally look through to the owner.
What documents should I keep permanently?
Formation documents, the EIN confirmation letter (CP 575), every filed return with proof of transmission, and bank statements for each year.
Income tax, sales tax & platforms
Do non-resident sellers pay U.S. income tax?
It depends on whether the activity creates effectively connected income (ECI) — a fact-specific judgment. The Form 5472 information filing applies regardless of the answer. Read more →
Is sales tax the same as income tax?
No. Sales tax is state-level and mostly collected by Amazon under marketplace facilitator laws. Income tax is federal and depends on the ECI analysis. Form 5472 is separate from both. Read more →
What is ECI?
Effectively connected income — income tied to a U.S. trade or business, taxed on a net basis via Form 1040-NR. Whether marketplace selling creates ECI depends on your facts.
What is FDAP?
Passive U.S.-source income (certain interest, royalties, etc.) taxed at a flat 30% on the gross amount, usually via withholding — a separate category from ECI.
Does paying tax in my home country settle my U.S. obligations?
No. Home-country compliance does not replace U.S. filings, though a tax treaty may affect the income-tax analysis.
When is a 1040-NR due?
Generally April 15 with U.S. wages subject to withholding, June 15 without — the common case for overseas owners. Read more →
Banking, addresses & state compliance
Can a non-resident open a U.S. business bank account?
Yes — fintech business-banking platforms onboard foreign-owned LLCs remotely with an EIN, formation documents, and a passport. Branch banks usually want you in person. Read more →
Is my registered agent the same as my business address?
No. The agent receives state and legal documents; banks, platforms, and the IRS use your business/mailing address. IRS notices never route through your registered agent. Read more →
How do I change my LLC's address with the IRS?
Form 8822-B updates the IRS record; the state record is updated separately. We file both for $70 plus any state fee. Read more →
What is the Wyoming annual report?
A short state filing with a minimum $60 license tax, due the first day of your LLC's anniversary month. It keeps the company in good standing and satisfies nothing federal. Read more →
Wyoming or Delaware for a seller's LLC?
Usually Wyoming — $60 minimum annual cost versus Delaware's $300, with identical federal filings. Delaware's edge is for venture-backed corporations. Read more →
What changes if my LLC has two members?
It becomes a partnership for U.S. tax purposes: Form 1065, K-1s, and §1446 withholding on foreign partners — a much heavier annual cycle. Add members deliberately. Read more →
Working with us
Who prepares and signs my return?
A preparer holding a current IRS Preparer Tax Identification Number (PTIN), practicing from Wyoming. Your return is never filed anonymously under your own name.
How much does Form 5472 filing cost?
A flat $349 per return — $299 for your first filing during our launch period. Add-ons like prior years are fixed line items quoted before work begins. Read more →
Do you charge a percentage of refunds or results?
Never. Pricing is flat and published; we do not charge contingent fees, and we do not promise outcomes the IRS controls.
Do you support Chinese?
Yes — communication and support are available in Chinese, and our client portal handles documents, e-signature, and payment in one secure place.
How do documents and payment work?
Everything sensitive happens inside the secure client portal: upload documents, sign electronically, pay online, and track progress. The website itself never stores your data.
What if my situation needs something you don't offer?
We say so plainly and point you toward the right kind of help. We would rather decline the wrong work than take it.
How are you different from an agent on WeChat?
Structurally: a licensed preparer signs your return with a PTIN, it is prepared in professional U.S. tax software, documents move through an encrypted portal, and prices are published. With unsigned informal work, every risk stays with you. Read more →
What is a ghost preparer and why does the IRS warn about them?
Someone paid to prepare a return who leaves the signature block empty, making it look self-prepared. If it goes wrong, no preparer is on record — the IRS specifically warns taxpayers to avoid this. Read more →
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