US LLC Annual Compliance Calendar - 2026 Federal Deadlines for Foreign Founders
Summary
Foreign-owned US LLC compliance has a small set of recurring deadlines. This calendar covers federal information returns, state filings, and key dates for 2026.
The annual compliance calendar for a foreign-owned US single-member LLC has a small set of recurring federal deadlines, with state-level deadlines varying by state of formation. The most important federal deadline is April 15 for Form 5472 + Pro Forma 1120. Missing it triggers the $25,000 penalty under IRC §6038A(d)(1).
Which deadlines are federal, and which belong to your state
The primary federal deadline for foreign-owned US single-member LLCs is April 15 each year for Form 5472 + Pro Forma 1120. The deadline can be extended to October 15 by filing Form 7004 by the original April 15 date. State-level deadlines vary: Wyoming sets the annual report by the LLC's anniversary month, and Delaware charges LLCs a flat franchise tax on June 1 with no annual report at all. The March 1 annual report often quoted for Delaware belongs to corporations, not LLCs. The BOI obligation has been eliminated for US-formed entities (March 2025 FinCEN exemption).
Federal deadlines for foreign-owned single-member LLCs
April 15 - Form 5472 + Pro Forma 1120 (Primary Federal Deadline)
The annual federal information return is due. For most foreign-owned single-member LLCs (calendar-year filers), this is the controlling federal deadline.
What it covers:
- Form 5472 reports transactions between the LLC and foreign related parties
- Pro Forma 1120 serves as the cover sheet
- Filed by mail or fax (no e-filing for foreign-owned DEs)
- Address: Internal Revenue Service, 1973 Rulon White Blvd, M/S 6112, Attn: PIN Unit, Ogden, UT 84201. This is not the standard Form 1120 address, and where to send Form 5472 and the pro forma 1120 covers why that distinction matters
- Fax: 855-887-7737, at 300 DPI or higher
Penalty for missing: $25,000 per year under IRC §6038A(d)(1).
If the April 15 packet is the only thing standing between you and a clean year, filetax.co generates the completed Form 5472 and pro forma 1120 in under 15 minutes for $99 per year. If you are already late on one or more years, start with the penalty and relief picture rather than filing blind.
April 15 - Form 7004 Extension (If Needed)
If you cannot file by April 15, file Form 7004 by April 15 to obtain an automatic 6-month extension to October 15. Form 7004 must be filed by the original April 15 date; a late Form 7004 does not extend the deadline.
Important: Form 7004 extends the time to file Form 5472 + Pro Forma 1120, not the time to pay any tax. For most foreign-owned single-member LLCs with no US-source effectively connected income, no tax is owed, so the distinction is moot.
June 15 - Form 1040-NR for Non-Resident Filers (If Applicable)
If the foreign owner has US-source effectively connected income (US-based fulfillment, US clients with services performed in the US), Form 1040-NR is due June 15 for non-resident filers. This is in addition to Form 5472, not a substitute.
Most foreign founders running international SaaS or services delivered remotely do not have ECI and do not file Form 1040-NR. CPA review is appropriate when ECI is uncertain.
October 15 - Form 5472 + Pro Forma 1120 (Extended Deadline)
If Form 7004 was filed by April 15, the extended deadline for Form 5472 + Pro Forma 1120 is October 15. Filing by this date avoids the $25,000 penalty.
State-level deadlines by state
State deadlines vary by state of formation. The most common states for foreign-owned LLCs:
Wyoming
- Annual Report: Due on the first day of the LLC's anniversary month each year. Filed online with the Wyoming Secretary of State. Fee is typically $60 for LLCs.
- Franchise Tax / License Tax: Wyoming has no LLC franchise tax. The annual report fee is the only state-level recurring obligation.
Delaware
- Annual Franchise Tax: Due June 1 each year. $300 flat fee for LLCs (note: this is much lower than the corporate franchise tax that applies to Delaware C-corps).
- Annual Report: Delaware does not require LLCs to file an annual report (this differs from corporations, which do file annual reports). The $300 franchise tax is the only state-level filing obligation.
Other states
State-level deadlines vary widely. Foreign founders should check their specific state of formation. Common patterns:
- Nevada: Annual list and business license, due on the LLC's anniversary date
- New Mexico: No annual report or franchise tax
- Texas: Public information report and franchise tax (no income tax) due May 15
- Florida: Annual report due May 1
Other federal compliance items (typically not applicable)
BOI Reporting - Eliminated
As of March 26, 2025, US-formed entities are exempt from BOI reporting under the FinCEN interim final rule. Foreign-owned US LLCs no longer file BOI. Readers who formed through a provider that once bundled BOI can see what changed for Firstbase customers. This is a significant simplification of the federal compliance picture.
FBAR (FinCEN Form 114) - Generally Not Applicable
FBAR applies to US persons with foreign financial accounts. Foreign founders living outside the US are not US persons and typically do not file FBAR. The form is not part of the typical foreign-owned LLC compliance picture. Form 5472 vs FBAR sets out the two regimes side by side.
Form 8938 - Generally Not Applicable
Form 8938 (FATCA) applies to US persons reporting foreign financial assets. Same analysis as FBAR; foreign founders typically do not file.
OBBBA 1% remittance tax (effective January 1, 2026)
The One Big Beautiful Bill Act introduced a 1% excise tax under IRC §4475 on certain cross-border remittances from the US, effective January 1, 2026.
Applies to: Cash, money order, cashier's check, or similar physical instrument remittances sent from the US to foreign countries.
Exempt: Transfers funded from US bank accounts (wire, ACH, debit/credit cards).
For most foreign founders distributing US LLC profits via wire from Mercury or Brex, or via Wise from a US bank account, the 1% excise does not apply. Cash-based remittance services (Western Union, MoneyGram) are subject to the tax.
This is not a separate filing obligation; the tax is collected by the remittance service provider at the point of transfer.
A typical year for a foreign-owned single-member LLC
For a Wyoming LLC owned by an Indian founder with a calendar tax year:
January-March: Gather records for the prior year. Confirm bank statements, transaction logs, and any IRS correspondence.
April 15: Federal deadline for Form 5472 + Pro Forma 1120 (or Form 7004 extension request).
Anniversary month (e.g., March if formed March 2022): Wyoming Annual Report. File online with $60 fee.
October 15: Extended federal deadline if Form 7004 was filed.
Throughout the year: Maintain records of capital contributions, distributions, and any transactions with foreign related parties. Document any IRS or bank correspondence.
Mark April 15, and know what to do if you cannot make it
Mark April 15 as the primary federal deadline. Keep a calendar reminder. The October 15 extension is available if you file Form 7004 in time.
For state-level deadlines, set reminders specific to your state of formation. Wyoming and Delaware are the most common; both have low compliance burdens, but the deadlines differ.
If you missed prior years, your penalty exposure and the relief paths open to you is the diagnostic to read first. For the current year, filetax.co generates Form 5472 and the pro forma 1120 for $99 per year. Multiple unfiled years, actual US-source income, or more than four related parties are not cases for an automated tool, and a qualified CPA review is the appropriate next step.
The IRS's official Form 5472 page is at IRS.gov/Form5472. State annual report information is at the relevant state's Secretary of State website.
Frequently Asked Questions
What if my LLC has a fiscal year other than calendar year?
Most single-member LLCs use the calendar year. If your LLC has a fiscal year, the federal deadline is the 15th of the fourth month after fiscal year-end. Form 7004 extension follows the same pattern.
Can I miss the April 15 deadline if I file Form 7004?
Yes, if Form 7004 is filed by April 15, the deadline extends to October 15. Form 7004 must be filed by the original April 15 date.
What happens if I miss October 15 (the extended deadline)?
The $25,000 penalty under §6038A(d)(1) attaches. Voluntary catch-up filing with a reasonable cause statement under §6664(c) is the strongest path before any IRS contact.
Does my Wyoming Annual Report satisfy any federal obligation?
No. The Wyoming Annual Report is a state-level filing. Form 5472 is a federal information return. The two are separate obligations.
What if my LLC was formed mid-year? When is the first Form 5472 due?
Form 5472 is due for any tax year in which reportable transactions occurred. An LLC formed in March 2025 with reportable transactions in 2025 has Form 5472 due by April 15, 2026 (for the 2025 tax year).
I dissolved my LLC mid-year. Do I file Form 5472 for the partial year?
Yes, if reportable transactions occurred before dissolution. Mark the Pro Forma 1120 as a "Final return" in Box A. Form 5472 covers the partial year through the date of dissolution. The final return for a dissolved LLC walks through the whole sequence.
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