Three LLCs, three different returns. Which one is yours depends on how the IRS classifies your LLC.
US LLC tax return: which form your LLC files with the IRS
Part of the guide US Business Taxes: Federal, State and Home Country
Ask about your US LLC's tax return and the IRS answers with a question of its own: what is your LLC treated as? The LLC is a legal form created by state company law. Federal tax law does not recognize it as a category of its own. It sorts every LLC into one of three groups, and that classification decides which form it files, by when, and who ultimately pays the tax. This guide walks through the three groups, shows the deadlines and the obligations in six states, and explains which return you file yourself as a foreign owner.
1Why there is no single LLC tax return
The classification rules are set out in the Treasury Regulations under Section 7701 of the Internal Revenue Code, known as the check-the-box system. Unless it makes an election, a domestic LLC with two or more members is treated as a partnership. With only one member, it is not treated as separate from its owner for tax purposes. It is then a disregarded entity: a company that does not count as a taxpayer in its own right for income tax.
Both groups can elect to be taxed as a corporation using Form 8832. The Instructions for Form 1120 say so explicitly: an LLC may file Form 1120 only if it has made this election. Without an election, the multi-member LLC files Form 1065, and the single-member LLC files no income tax return of its own for its profit at all.
A fourth option, familiar to many from American guides, is usually off the table for you: the S corporation. Under Section 1361, an S corporation may not have a shareholder who is a nonresident alien. If you live in Europe and are not a US citizen, you therefore cannot own shares in an S corporation.
This page covers the returns your LLC files in the US and the returns you file there as its owner. Whether and how your country of residence taxes the LLC is a separate question; you will find a starting point on our page about the exempt LLC. For an overview of all the tax obligations of a US company, see our guide to US taxes for businesses.
| Classification | When | LLC's federal return | Foreign owner's return |
|---|---|---|---|
| Disregarded entity | one member, no election made | Pro forma Form 1120 as a cover sheet with Form 5472 attached, if the owner is a foreign person | Profit from the US business on your own return: Form 1040-NR as an individual, Form 1120-F as a foreign corporation |
| Partnership | two or more members, no election made | Form 1065 with a Schedule K-1 for each partner; with foreign partners and a US business, also Forms 8804 and 8805 | Share of profit per Schedule K-1: Form 1040-NR or Form 1120-F, with credit for the amount withheld |
| Corporation | Election on Form 8832 | Form 1120, every year, even without a profit; Form 5472 if the LLC is at least 25 percent foreign-owned and had reportable transactions | no return for the LLC's profit; the LLC withholds tax on distributions |
| S corporation | not possible as soon as one shareholder is a nonresident alien | not applicable | not applicable |
Sources: 26 CFR 301.7701-3(b)(1) and (c); 26 CFR 1.6038A-1(c)(1); 26 USC 1361(b)(1)(C); IRS, Instructions for Form 1120 (2025), Who Must File; Instructions for Form 1065 (2025); Instructions for Form 5472 (Rev. December 2024); Instructions for Form 1120-F (2025); Instructions for Form 1040-NR (2025); Instructions for Forms 8804, 8805 and 8813 (Rev. January 2026). Accessed October 24, 2026.
2The single-member LLC: cover sheet and Form 5472
If the LLC belongs to a single person, it is invisible for federal income tax. Its income and expenses belong to its owner for tax purposes. Federal law makes one exception, though. If the owner is a foreign person, the regulations under Section 6038A treat the LLC as a domestic corporation, solely for that section's reporting and record-keeping requirements. This applies to tax years beginning on or after January 1, 2017 and ending on or after December 13, 2017.
The result is a pure reporting requirement, with no tax. The LLC files a pro forma Form 1120 with Form 5472 attached. Per the instructions, the cover sheet shows only the LLC's name and address and items B and E on page one, with "Foreign-owned U.S. DE" written across the top. On Form 5472, the LLC reports its transactions with related parties: you as the owner and the people and companies attributed to you. This covers payments in both directions and, in a separate Part V, amounts relating to the formation and dissolution of the LLC as well as contributions to and distributions from it. If the LLC had none of these transactions during the entire year, no report is required.
It cannot be filed electronically. The instructions exclude e-filing for these LLCs. You fax to 855-887-7737 or mail the documents to a dedicated IRS address in Ogden, Utah. The deadline is that of Form 1120, so for a calendar year April 15. Form 7004 extends it; this request also goes by fax or mail to the same office, with the Form 1120 code and the same notation.
Miss the filing and you risk a penalty of $25,000 per tax year under Section 6038A(d). Per the instructions, a substantially incomplete Form 5472 counts as not filed. If the failure continues for more than 90 days after an IRS notice, a further $25,000 is added for each started 30-day period. What you can do if such a letter arrives is covered in our article on Form 5472 penalties.
2.1What you report yourself as the owner
The pro forma 1120 contains no profit calculation. If your LLC runs a business in the US, which is what the companies we form are all about, that profit goes on your own return. As an individual who is not a US resident, you file Form 1040-NR. Per the instructions, as a nonresident alien engaged in a US trade or business you must do so even if that business had no income during the year. If the LLC is owned by your company at home, that company files Form 1120-F, the return of a foreign corporation with a US trade or business.
For Form 1040-NR you need a tax ID number in your own name. Which one, and how to get it, is explained in our article on the US tax ID number.
3The multi-member LLC: Form 1065 and Schedule K-1
Without an election, an LLC with two or more members is a partnership. Under Section 6031, every partnership files a return showing its income, its deductions and each partner's share. The form for this is Form 1065. The instructions allow just one exception: a domestic partnership that had neither income nor expenses treated as deductions or credits during the year does not have to file Form 1065.
The LLC itself pays no federal income tax on its profit. It allocates the profit to the partners, and each receives a Schedule K-1 no later than the due date of Form 1065. If the partnership has international items, Schedules K-2 and K-3 are added. Form 1065 is due on the 15th day of the third month after the end of the tax year, so for a calendar year on March 15. For tax year 2025, the instructions set a penalty for a late or incomplete return of $255 per started month, for up to twelve months, multiplied by the number of partners.
3.1Foreign partners: Section 1446 withholding
Foreign partners face an extra obligation that is often overlooked. If the LLC earns income from a US trade or business, Section 1446 requires it to withhold tax on each foreign partner's share and pay it to the IRS, whether or not it distributes any money. The law ties the rate to the highest tax rate: per the Instructions for Form 8804, generally 37 percent for individuals and 21 percent for corporations. The LLC pays in four installments, on the 15th day of the fourth, sixth, ninth and twelfth months of its tax year, and reports the year on Form 8804 and for each partner on Form 8805.
The withholding is not the final tax. Each foreign partner files a return of their own, Form 1040-NR as an individual or Form 1120-F as a corporation, attaches Form 8805 and credits the amount withheld against their tax. So the LLC knows how to treat each partner, every partner gives it a Form W-8BEN or W-8BEN-E. Per the W-8BEN instructions, a partner in a partnership with a US trade or business needs a US tax ID number for this. Our step-by-step guides to the W-8BEN and the W-8BEN-E show how to fill in the forms.
Form 1065 and K-1 for your LLC or LP.
4The LLC as a corporation: Form 8832 and Form 1120
Any LLC can elect to be taxed as a corporation. This is done on Form 8832. Under the regulations, the election can take effect no more than 75 days before the date you file it and no later than twelve months after. For the year in which it takes effect, a copy of Form 8832 is attached to the LLC's return.
From then on, the LLC is taxed as a corporation like any Inc. It files Form 1120 every year (per the instructions, even with no taxable income) and pays 21 percent federal tax on its profit under § 11. The return is due on the 15th day of the fourth month after the end of the tax year, which for a calendar year means April 15; if the tax year ends June 30, it is due on the 15th day of the third month. If foreign owners hold at least 25 percent of the LLC and it had reportable transactions with related parties, Form 5472 is attached to Form 1120.
Filing late costs money here, and the penalty is based on the tax: 5 percent of the unpaid tax for each month or part of a month, up to 25 percent. For returns due in 2026 that are more than 60 days late, the minimum penalty is $525 or the tax owed, whichever is less. Paying late adds another 0.5 percent of the unpaid tax per month or part of a month, also capped at 25 percent.
The profit stays in the corporation until it is distributed. Only the distribution to you as a foreign owner is a dividend, and the LLC withholds tax on it; a tax treaty can lower the rate. Our article on taxation of the US corporation covers the basics, and our article on US withholding tax explains the treaty rates.
Form 1120 and Form 5472 for your US corporation.
5The deadlines at a glance
The deadlines depend on the form, not on the legal form under company law. The table assumes a calendar tax year. Per the instructions, a single-member LLC with a foreign owner uses the tax year its owner uses for US filing purposes, or the calendar year if the owner has none.
Two things stand out. The partnership files a month before the corporation, because its partners need their Schedule K-1 for their own returns. And not every deadline belongs to the LLC: Form 1040-NR and Form 1120-F are the owners' returns, with their own dates. For a full-year calendar that also includes state and Registered Agent dates, see our article on the annual obligations of an LLC.
| Return | Who files | Due | Note |
|---|---|---|---|
| Form 1065 with Schedules K-1 | LLC taxed as a partnership | March 15 | Schedule K-1 to each partner by the same date |
| Forms 8804 and 8805 | LLC taxed as a partnership with foreign partners | March 15; June 15 if books are kept outside the US | Withholding installments on April 15, June 15, September 15 and December 15 |
| Form 1120 | LLC taxed as a corporation | April 15 | Tax year ending June 30: 15th day of the third month |
| Pro forma Form 1120 with Form 5472 | Single-member LLC with a foreign owner | April 15 | by fax or mail only, not electronically |
| Form 1040-NR | foreign owner who is an individual | June 15 | April 15 if he or she received wages subject to US withholding |
| Form 1120-F | foreign corporation as owner | April 15 with an office or place of business in the US, otherwise June 15 | Extension with Form 7004 |
If a deadline falls on a weekend or holiday, the next business day applies. Form 7004 generally extends the filing deadline by six months, not the payment deadline. Sources: IRS, Instructions for Form 1065 (2025), When To File; Instructions for Form 1120 (2025), When To File; Instructions for Form 5472 (Rev. December 2024); Instructions for Forms 8804, 8805 and 8813 (Rev. January 2026); Instructions for Form 1040-NR (2025); Instructions for Form 1120-F (2025); Instructions for Form 7004 (Rev. December 2025); 26 USC 6031(b). Accessed October 24, 2026.
6State returns
On top of the federal level, the states require their own returns and fees. They generally follow the federal classification; California expressly provides that an LLC has the same classification there as for federal purposes. Which obligations arise depends on where the LLC is formed and where it does business. A Delaware LLC doing business in Texas can therefore have obligations in both states: the annual tax in Delaware and the franchise tax in Texas.
The charges vary widely. Delaware and California levy fixed annual amounts that even an LLC with no revenue owes; in California, according to the Franchise Tax Board, the tax keeps accruing until the LLC is cancelled. Texas bases its franchise tax on business activity and below the threshold only requires a report. Florida and New York follow the federal classification, while Wyoming looks at the assets the LLC uses in the state.
Sales tax is a separate obligation with its own thresholds and has nothing to do with the LLC's tax return. Our article on sales tax in the USA explains when it applies. For the details of the Delaware charge, see our article on the Delaware franchise tax.
| State | What is due | Due date |
|---|---|---|
| Delaware | annual tax of $400 for every LLC formed or registered in Delaware; no annual report | June 1 for the prior year; if late, a $200 penalty plus 1.5 percent interest per month |
| California | annual tax of $800 for every LLC formed or doing business there, even if inactive; plus the LLC fee if the LLC's income exceeds $250,000; return on Form 568 | tax on the 15th day of the fourth month of the tax year, estimated fee on the 15th day of the sixth month |
| Texas | franchise tax for entities formed or doing business in Texas; no tax up to the $2,650,000 threshold (report years 2026 and 2027), only a Public Information Report or Ownership Information Report; rates of 0.375 percent for retail and wholesale, otherwise 0.75 percent | May 15 |
| Florida | LLC taxed as a corporation: corporate income tax return Form F-1120; LLC taxed as a partnership: Form F-1065 if at least one partner is a corporation; single-member LLC: no separate return, and if a corporation owns it, the corporation reports the result | per the rules for the respective return |
| New York | Form IT-204-LL with fee: $25 for a single-member LLC with New York income; for an LLC taxed as a partnership, based on its New York gross income | 15th day of the third month after the end of the tax year, no extension |
| Wyoming | Annual Report License Tax: $60 or $0.0002 per dollar of assets used in Wyoming, whichever is greater | with the annual report |
Sources: Delaware Division of Corporations, LLC/LP/GP Franchise Tax Instructions; California Franchise Tax Board, Limited liability company; Texas Comptroller of Public Accounts, Franchise Tax; Florida Department of Revenue, Florida Corporate Income Tax; New York State Department of Taxation and Finance, Instructions for Form IT-204-LL (2025); Wyoming Secretary of State, Business Fees. Accessed October 24, 2026.
7Documents, signature and process
Every one of these returns needs the LLC's EIN. Under the regulations to § 6109, any person other than an individual that must provide a taxpayer number uses an EIN. If your LLC doesn't have one yet, that is step one; our article Applying for an EIN shows how to do it without an SSN.
Every return is built on the books. Form 5472 requires the amounts of transactions with related parties, and Forms 1065 and 1120 require a full profit calculation. The regulations to § 6038A also require the reporting company to keep records that document these transactions; per the instructions, the $25,000 penalty applies if those records are missing too. Our article on bookkeeping for a US LLC covers what you need.
Form 1065 must be signed by a partner or member of the LLC; per the instructions, without that signature it is not considered a return. Form 1120 is signed by an officer of the company, such as the President or Treasurer. If the IRS writes to you after filing, read the letter carefully and reply on time. Our article Mail from the IRS shows how the common letters are structured.
Your US tax question, answered by people who know both sides.
- Which return your LLC files with the IRS depends on its classification: single-member LLC, partnership or corporation.
- A single-member LLC with a foreign owner files a pro forma Form 1120 with Form 5472, by fax or mail only; the owner reports profit from the US business on Form 1040-NR or Form 1120-F.
- A multi-member LLC files Form 1065 with Schedules K-1 and, with foreign partners, withholds tax under § 1446, even without distributions.
- An LLC that elected corporate treatment files Form 1120 every year and pays 21 percent federal tax.
- On top of that come the state obligations, such as the tax in Delaware or California and the franchise tax in Texas.
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