If you own an LLC in the United States, it's important to understand that there are mandatory annual obligations, even if your company has no revenue or activity within the United States.
Many business owners believe that because they are foreign nationals or have an LLC classified as non-ETBUS (Not Engaged in Trade or Business in the US), they do not need to file a tax return. This is a common mistake that can result in extremely high fines.
In this article, Logíc explains the obligations and deadlines you need to meet to keep your LLC compliant with the IRS.
All LLCs have annual obligations.
Regardless of revenue, activity, or country of residence of the owner, an LLC must comply with annual tax obligations.
These obligations exist to:
- keep the company compliant with the IRS.
- avoid financial penalties
- keep the company active and compliant.
- to avoid future blockages or problems
Not filing a tax return doesn't mean you're exempt. It means you're at risk.
Timeframe for Single-Member LLC (LLC with a single owner)
If your LLC has only one foreign owner, it is classified as a Disregarded Entity for tax purposes.
The annual deadline is:
Deadline: April 15th
Required documents:
• Form 1120 (Pro Forma)
• Form 5472
Form 5472 is used to report transactions between the LLC and its foreign owner.
Even if there is no revenue, sending the shipment is still mandatory.
Timeframe for Multi-Member LLC (LLC with two or more partners)
If your LLC has two or more partners, it is classified as a Partnership.
The annual deadline is:
Deadline: March 15th
Required documents:
• Form 1065
• Schedule K-1 (one for each partner)
Form 1065 reports the company's financial activity, and Schedule K-1 reports each partner's share.
What if you don't declare it?
Failure to comply with these obligations may have serious consequences.
The initial penalty can be:
US$ 25,000 per year, for non-delivery of obligation.
In addition to the fine, the IRS may:
- open further investigations
- require additional documentation
- generate future fiscal risks
- to hinder financial and banking operations
Ignoring these obligations is a high and unnecessary risk.
Even LLCs without revenue need to file a tax return.
This is one of the biggest myths.
An LLC without revenue still needs to fulfill annual obligations, especially Form 5472 for foreign-owned businesses.
Failure to declare may result in a fine, even with zero revenue.
Annual Report: another important obligation
In addition to IRS obligations, most states require the Annual Report.
This report serves to keep the company active in the state.
Without it, the company could:
- lose active status
- to be suspended
- or even dissolved
Each state has different deadlines.
How to keep your LLC safe and compliant.
Maintaining a compliant LLC requires:
- meeting deadlines
- Correct submission of forms
- annual monitoring
- specialized accounting support
Compliance avoids fines and protects your international structure.
How can Logíc help?
Logíc Business Accounting provides specialized accounting services to companies in the United States, helping Brazilian entrepreneurs keep their LLCs compliant and protected.
Our team takes care of:
- Submission of Form 5472
- submission of Form 1065
- Annual Report
- IRS compliance
- full accounting support
Conclusion
Having an LLC in the United States brings great advantages, but it also demands responsibility.
Meeting annual obligations is essential to avoid fines, protect your business, and ensure legal security.
If you own an LLC and are unsure if you are in compliance, it is crucial to act before the deadline.
Do you need to regularize your LLC or verify its status?
Contact Logíc and keep your company safe and compliant with the IRS.