Non-US owner of New Mexico LLC - filing requirements
Hello, I am a non-US resident and the sole owner of a New Mexico LLC. My LLC was formed on December 31, 2025. An EIN was obtained on May 5, 2026. No US tax forms, information returns, or other filings have been submitted yet. The company has been used for e-commerce activities. I would like to know: What federal tax filings are required for my LLC? Have any filing deadlines already been missed? Is there currently any risk of penalties? If penalties may apply, what is the best way to corre
Quick Answer:
Based on the dates provided (forming in late 2025 and operating in 2026), you have significant compliance requirements.
**Required Filings:**
As a foreign-owned Single Member LLC (disregarded entity), you must file **Form 5472** and **Form 1120**. Even if no tax is owed, these are information returns used to report "reportable transactions" between you and the LLC (including the initial capitalization or paying expenses).
**Missed Deadlines:**
For the **2025 tax year** (even if only active for one day), the filing deadline was April 15, 2026. If you did not file or request an extension, you have missed this deadline.
**Risk of Penalties:**
The penalty for failing to file Form 5472 is severe: **$25,000 per violation**. Because the LLC existed in 2025, the IRS expects a filing for that year.
**Best Way to Correct:**
You should file the delinquent 2025 forms as soon as possible. To mitigate the $25,000 penalty, you must attach a **Reasonable Cause Statement** explaining why the filing was late (e.g., late EIN issuance or lack of awareness of specific foreign-owner requirements). Prompt "voluntary disclosure" before the IRS contacts you is the best strategy for penalty abatement.
Note: This answer is provided for convenience only. It is important that you speak to a CPA about your individual tax situation.
