Form 5472 by state

Form 5472 filing for a Delaware LLC

Learn how federal Form 5472 rules apply to a Delaware (DE) LLC and separate them from Delaware’s $400 annual LLC tax and cancellation requirements.

The short answer

A foreign-owned Delaware LLC does not file Form 5472 merely because it was formed in Delaware. The federal answer depends on how the IRS treats the company, its ownership, and payments or transfers involving the foreign owner or a connected person or business.

Keep the obligations separate

The Delaware Division of Corporations states that domestic and foreign LLCs formed or registered in Delaware pay a $400 annual tax on or before June 1. It also states that LLCs do not file an annual report. The Delaware payment is separate from Form 5472.

State cancellation does not by itself settle final federal returns, earlier Form 5472 questions, or unpaid Delaware tax.