A US LLC with a non-US owner has state filing duties and federal reporting rules that differ from a US-owned one. The points below come from the IRS and the state registries.
The state and federal rules that attach to a US LLC with a foreign owner.
For Form 5472 purposes, a US disregarded entity wholly owned by a foreign person is treated as a separate corporation for limited reporting purposes, for tax years beginning on or after 1 January 2017.
Delaware requires every LLC and corporation to keep a registered agent with a street address and office in Delaware, open in business hours to accept service of process.
Delaware requires corporations, LLCs, limited partnerships and statutory trusts to file with its Division of Corporations; sole proprietorships do not file there. The Division says it gives no legal advice on choosing an entity type.
Delaware LLCs file no annual report but must pay a flat annual tax of $400, due by 1 June each year; the Division states a $200 penalty plus 1.5% monthly interest for late or missing payment.
By default a domestic LLC with two or more members is treated as a partnership for federal tax, and a domestic LLC may file Form 8832 to elect classification as a corporation. This differs from the default disregarded treatment of a single-member LLC.
Foreign-owned US corporations (25% foreign ownership) and foreign-owned US disregarded entities with reportable related-party transactions must file Form 5472; a disregarded entity files it with a pro forma Form 1120. The IRS states a $25,000 penalty for failure to file.
Wyoming requires annual reports from LLCs (and other registered entities); each is due on the first day of the entity's anniversary month of formation, and the Secretary of State says to look up the due date in its entity database.
Instructions for Form 5472 — IRS
Registered agents — Delaware Division of Corporations
How to Form a New Business Entity — Delaware Division of Corporations
Franchise Tax / annual taxes — Delaware Division of Corporations
Instructions for Form SS-4 — IRS
Annual Report Instructions — Wyoming Secretary of State (WyoBiz)
Fact sheet last reviewed 2026-09-28. Jurisdiction rules are confirmed against the sources above; a provider's own requirements differ and are confirmed by the provider.
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Delaware LLCs file no annual report but must pay a flat annual tax of $400, due by 1 June each year; the Division states a $200 penalty plus 1.5% monthly interest for late or missing payment.
Foreign-owned US corporations (25% foreign ownership) and foreign-owned US disregarded entities with reportable related-party transactions must file Form 5472; a disregarded entity files it with a pro forma Form 1120. The IRS states a $25,000 penalty for failure to file.
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