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Guide · EIN and tax· 3 min read

The tax and filing calendar for a foreign-owned US company

Every federal and state date a foreign-owned US company may face in a year, from January's 1099s to April's Form 5472 and June's Delaware LLC tax.

Updated by the BaseAcross team. Reviewed by Saais Patel, compliance reviewer, against the sources named in the text.

The short answer

Most foreign-owned single-member LLCs have two dates a year: the state's yearly charge, $60 on the first day of the month you formed in for Wyoming or $400 by 1 June for a Delaware LLC, and Form 5472 with the pro forma 1120 by 15 April. Paying US contractors adds 31 January, and accounts abroad over $10,000 add an FBAR.

On this page · 2 sections
  1. 01Extensions
  2. 02Fiscal years

A company's year comes down to a short list of dates, and most of them won't apply to your company. Here's the full list for a calendar-year company owned from abroad, with who each date applies to, so you can cross out the rest. The compliance calendar on every plan shows the ones that apply to you.

A calendar-year company's dates
DateWhatWho
31 JanuaryForm 1099-NEC to each US contractor paid $2,000 or more, and to the IRSCompanies that paid US contractors
1 MarchDelaware annual report and franchise taxDelaware corporations
15 MarchForm 1065 with Schedule K-1s, or Form 7004 to extendMulti-member LLCs
15 MarchForms 1042 and 1042-S, reporting tax withheld on payments to foreign personsCompanies that withheld, for example on dividends or royalties
15 AprilForm 1120, or the pro forma 1120 with Form 5472, or Form 7004 to extendCorporations and foreign-owned single-member LLCs
15 AprilFirst estimated tax paymentCorporations expecting to owe tax
15 April or 15 JuneForm 1040-NR: 15 April if the owner had US wages with tax withheld, 15 June if notOwners with US-taxable income
15 April, or 15 October without askingFBAR (FinCEN Form 114), reporting accounts outside the USCompanies whose accounts outside the US held over $10,000 between them at any time in the year
1 JuneDelaware annual LLC tax, $400Delaware LLCs
15 JuneSecond estimated tax paymentCorporations expecting to owe tax
15 SeptemberExtended Form 1065; third estimated tax paymentMulti-member LLCs on extension; corporations
15 OctoberExtended Form 1120, or pro forma 1120 with Form 5472Companies that filed Form 7004 in April
15 DecemberFourth estimated tax paymentCorporations expecting to owe tax
First day of the month you formed inWyoming annual report, $60 for most companiesWyoming companies
Set by each stateSales tax returns, monthly, quarterly or yearlyCompanies registered for sales tax

An owner with US-taxable income may also have to make estimated tax payments of their own during the year.

Extensions

Form 7004, filed by the original due date, gives a business six more months to file: to 15 September for Form 1065, and to 15 October for Form 1120 or the pro forma 1120 with Form 5472. It extends the time to file, not the time to pay, so any tax owed is still due on the original date. Plenty of LLCs whose books aren't ready by spring file the extension and send the return in the autumn.

Fiscal years

Almost every small company uses the calendar year, and the dates above assume it. A corporation can choose a different year end, and its Form 1120 is then due on the 15th day of the fourth month after it. A foreign-owned single-member LLC uses its owner's tax year for US filings or, if the owner has none, the calendar year.

Sources

Checked by Saais Patel against these official pages.

  1. IRS: instructions for Form 5472
  2. IRS: instructions for Form 1065
  3. IRS: instructions for Form 1120
  4. IRS: instructions for Forms 1099-MISC and 1099-NEC
  5. FinCEN: Report of Foreign Bank and Financial Accounts (FBAR)
  6. Delaware Division of Corporations: LLC annual tax instructions

Next in EIN and tax:How to get an EIN without a Social Security Number

03 · Questions

The questions this guide gets asked.

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By 15 April for a calendar-year company, with the pro forma Form 1120. Filing Form 7004 by 15 April extends it to 15 October.

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