Which Tax Form Does Your LLC File? 5472, 1040, 1065, 1120 and 1120-S

"Which tax form does my LLC file?" has no single answer, because an LLC is a legal structure, not a tax category. The IRS decides how it is taxed from the number of owners, where the owner lives, and any election the company made. This is the quick map.

The short table

Dates are for a company with a calendar tax year. Check irs.gov for the current year, and remember that extensions exist (Form 7004 for business returns).

Single-member LLC with a foreign owner

The LLC is ignored for income tax, but the IRS wants to see the ownership and the money between owner and company. That is Form 5472 attached to a pro forma Form 1120. Details in the Form 5472 guide.

Single-member LLC with a US owner

No separate business return. Income and expenses go on Schedule C of the owner's Form 1040. The owner also pays self-employment tax on the profit.

Multi-member LLC

Taxed as a partnership. The LLC files Form 1065 and gives each owner a Schedule K-1 showing their share. The LLC itself does not pay income tax; the owners report their K-1 on their own returns. If all the owners are foreign, they may also have US withholding duties, so ask a tax professional.

Corporation (Inc.)

A standard corporation is a C-Corp. It files Form 1120 and pays corporate tax itself, 21% at the federal level at the time of writing. If investors are involved, this is usually the structure; see Delaware C-Corp vs LLC.

S-Corp

An S-Corp is a tax election, not a different kind of company. An LLC or a corporation can choose it by filing Form 2553. It files Form 1120-S, and profits pass through to the owners. The main limit for founders abroad: S-Corp shareholders generally must be US citizens or residents, so it is not available to most non-resident owners.

Can the choice change?

Yes. An LLC can elect to be taxed as a corporation using Form 8832, and a corporation can elect S status. These elections have deadlines and consequences, so make the choice before the year starts, not after the return is due.

What we do

On our US LLC tax filing page, pick your company type and the matching forms are selected. You can file one year or the last two years together. If you are unsure which type you are, ask us before ordering. This post is general information, not tax advice.