Forming a US LLC from abroad takes a few days. Keeping it in good standing is a yearly job. Most non-resident founders know about "taxes", but the filings that actually catch people out are the information returns and state reports that have nothing to do with how much money the LLC made.
This checklist covers what a non-US owner of a US LLC has to file each year, depending on how the LLC is set up and where it was formed.
Step 1: Know which type of LLC you have
Your federal filings depend on how many owners the LLC has and whether anyone elected a different tax treatment:
- Single-member LLC, one foreign owner: treated as a disregarded entity. It files Form 5472 with a pro forma Form 1120.
- Multi-member LLC (two or more owners): treated as a partnership by default. It files Form 1065, and gives each owner a Schedule K-1.
- LLC that elected to be taxed as a corporation: files a full Form 1120 and pays US corporate tax on its profit.
Most of our clients from Pakistan, the UK and the UAE own single-member LLCs, so we start there.
Single-member LLC: the yearly federal filing
Form 5472 + pro forma Form 1120, due 15 April. Every year in which the LLC has transactions with its foreign owner (money in, money out, expenses paid personally) it must report them on Form 5472, attached to a pro forma 1120. It cannot be e-filed; it goes to the IRS by fax or mail. A Form 7004 extension gives six more months.
The penalty for missing it is $25,000 per form, per year, even if the LLC owed no tax. We cover this form in detail in our guide to Form 5472 for foreign-owned US LLCs.
Multi-member LLC: partnership filings
Form 1065 and Schedule K-1s, due 15 March for calendar-year LLCs, with a six-month extension available on Form 7004. The return reports the LLC's income and expenses and shows each member's share on a K-1.
Forms 8804 and 8805, when there is US business income. If the partnership has income effectively connected with a US trade or business (ECI) that is allocable to a foreign member, the LLC must withhold US tax on that member's share under section 1446, and report it on Forms 8804 and 8805. The foreign member then claims that withholding as a credit on their own US return.
This is the part many two-founder LLCs miss: the LLC itself becomes a withholding agent for its foreign members.
The owner's own return: Form 1040-NR
Whether you personally file a US return depends on what the LLC does, not on the LLC existing.
- If the LLC earns effectively connected income (for example it has a US office, US employees or a dependent agent in the US), the foreign owner generally files Form 1040-NR and may owe US tax on that income.
- If the business is run entirely from outside the US and serves clients remotely, its service income is often foreign-source and may not create a 1040-NR filing on its own. This depends on the facts, and tax treaties can change the answer.
For a non-resident with no US wages, Form 1040-NR is generally due 15 June. Filing Form 5472 does not by itself mean you must also file a 1040-NR, and the reverse is also true: one does not replace the other.
State filings: they depend on where you formed
State requirements are separate from the IRS and are the ones most often forgotten, because the state, not the IRS, sends the reminders. The two most popular states for non-resident founders:
- Delaware: every LLC pays an annual tax of $300 by 1 June. No annual report is required with it. Late payment adds a penalty plus interest, and the LLC loses good standing.
- Wyoming: every LLC files an annual report and pays a license tax of $60 minimum (or more if it holds significant Wyoming assets), due on the first day of its anniversary month. If it is still not filed 60 days later, the state can administratively dissolve the LLC.
Other states (New Mexico, Florida, Texas, and so on) each have their own rules, fees and dates. Check your formation state every year.
Registered agent: every state requires the LLC to keep a registered agent with a physical address in that state. If the agent service lapses, the state can also put the LLC out of good standing.
Filings that depend on your activity
- Form 1099-NEC: if the LLC pays US-based contractors for services, it may need to issue 1099s by 31 January. Collect a Form W-9 from each contractor before you pay them.
- Sales tax: if you sell taxable products or services to US customers above a state's threshold ("economic nexus"), you may need a sales tax permit and regular returns in that state.
- Payroll filings: if the LLC hires US employees, federal and state payroll returns apply.
What about the BOI report?
Under FinCEN's final rule of 11 August 2026 (effective 14 August 2026), companies formed in the United States no longer file BOI reports. BOI now applies only to certain foreign-formed companies registered to do business in the US. A US-formed LLC with a foreign owner generally has nothing to file with FinCEN, but it still has every IRS and state filing above.
Your yearly calendar at a glance
For a calendar-year LLC:
- 31 January: 1099-NEC to US contractors (if any)
- 15 March: Form 1065 and K-1s (multi-member LLCs), or extension
- 15 April: Form 5472 + pro forma 1120 (single-member LLCs), or extension
- 1 June: Delaware annual tax
- 15 June: Form 1040-NR for non-residents with ECI and no US wages
- Anniversary month: Wyoming annual report (and similar dates in other states)
- All year: registered agent renewal, sales tax returns if registered
Three habits that keep you compliant
- Keep monthly books. Every filing above is built from your records. A clean ledger makes Form 5472 and Form 1065 straightforward instead of a year-end reconstruction.
- Keep LLC money separate. Use a US business bank account for the LLC, and record every transfer between you and the LLC.
- Put the dates in one calendar. IRS and state deadlines come from different agencies and do not remind each other.
How Fintac can help
Fintac Consultants looks after US LLCs for owners in Pakistan, the UK, the UAE and beyond: LLC formation, EIN and ITIN, monthly bookkeeping, Form 5472 and pro forma 1120, Form 1065 support, and state annual filings. US tax filings are handled by our team, including a PTIN holder, working with our US partner firm.
Overseas clients are handled fully online. We agree the fee before work starts, with no hidden charges, and we reply the same working day.
Book a free 20-minute call through our US services page or message us on WhatsApp at +92 334 346 8222. US office: +1 (401) 410-7676 · info@fintacconsultants.com
This article is general information, not tax or legal advice for your situation. Rules on effectively connected income, treaties and state requirements depend on the facts; we review each client's position before filing.