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I have a U.S. LLC, now what? Annual compliance calendar

Q: When is Form 5472 due for my LLC, and what if I don't file it?

It is due April 15, together with the pro forma 1120. Filing Form 7004 by that date extends it to October 15. It cannot be filed electronically: it goes by fax or mail. The penalty for not filing, filing late or filing incomplete is $25,000 per form, per year. At BMS of NC we can help you with this.

By Katiuska Bustillos, founder and tax preparer Reviewed by Katiuska Bustillos Published: October 1, 2026 Updated: October 1, 2026

Applies to obligations due in 2026 and 2027 (returns for tax years 2025 and 2026). State fees checked on the official state websites on September 24, 2026.

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Short answer

Forming the LLC was step one: keeping it has yearly obligations, even if you don't use it. If you are the only owner and live abroad, the basics are Form 5472 with a pro forma 1120 filed with the IRS (April 15, or October 15 with an extension), the annual report or tax of the state where it was formed, and keeping a registered agent. If you abandon it, the state can dissolve it, but the IRS obligations don't go away; if you no longer want it, close it properly.

Not sure whether your LLC has to file Form 5472? Take the free test (1 minute) →

First steps after formation

When the state approves your LLC you receive its formation document, usually the Articles of Organization. The LLC now exists, but it is not ready to operate yet. These are the next steps, in this order:

The EIN. It is the LLC's tax number with the IRS. Without it you cannot open a bank account or file Form 5472. If you live abroad, you cannot apply online: it is requested by phone, fax or mail. We walk through it in our EIN guide for non-U.S. residents. Keep the notice the IRS sends when it assigns the number (CP 575): banks will ask for it.
The LLC's bank account. In the LLC's name and under its EIN, not yours. What banks ask for and the options are in our bank account guide.
Separate books from day one. Every dollar you put into the LLC, every expense you pay for it and every dollar you take out is a transaction reported on Form 5472. Record them as they happen and the April filing is quick; skip it and you have to rebuild the whole year. The law also requires keeping the books and records that support the return.
The Operating Agreement. It is the LLC's internal agreement: who owns it, how it is managed and what happens if it is sold or closed. It is an internal document that is not filed with the state, but banks and payment platforms often ask for it. Even as the only owner, it is worth having a signed one.

Keep these documents together with your registered agent's details: you will need them again and again.

Annual compliance calendar

For a single-member LLC owned by a foreign person that uses the calendar year (the usual case), the year looks like this. IRS dates are the same in every state; state dates depend on where the LLC was formed. We use three states as examples, checked on their official websites.

Date	What is due	Filed with
April 15	Form 5472 with the pro forma 1120 for the prior year, or Form 7004 to request an extension	IRS, by fax or mail
April 15	Annual report for a North Carolina LLC	North Carolina Secretary of State
June 15 (or April 15)	Form 1040-NR, your personal return, only if it applies to you	IRS
June 1	Annual tax for a Delaware LLC	Delaware Division of Corporations
1st day of the anniversary month	Annual report for a Wyoming LLC (the month it was formed)	Wyoming Secretary of State
October 15	Last day for Form 5472 if you requested the extension on time	IRS
Per your contract	Registered agent renewal	Your registered agent provider
All year	Record contributions, expenses and distributions; keep statements and invoices	Your records
When something changes	Form 8822-B if the LLC's address or its responsible party changes (a responsible party change within 60 days)	IRS

If an IRS due date falls on a Saturday, Sunday or legal holiday, it moves to the next business day.

The IRS side: Form 5472, pro forma 1120 and sometimes 1040-NR

The core federal obligation of a foreign-owned single-member LLC is Form 5472, filed with a pro forma Form 1120 as its cover. It is due for every year in which there was any transaction between the LLC and you: putting money in, paying an LLC expense with your card, taking money out, lending to it or providing a service. The IRS instructions expressly include contributions, distributions and amounts related to forming or dissolving the LLC.

It is due April 15. With Form 7004, filed by that date, it moves to October 15.
It cannot be filed electronically: it goes by fax or mail.
The penalty for not filing, filing late or filing incomplete is $25,000 per form, per year.

The details are in our Form 5472 guide.

Form 1040-NR is something else: it is your personal nonresident return, not the LLC's. Under the IRS instructions, it must be filed by, among others, anyone who was engaged in a trade or business in the United States during the year, even with no profit. Whether that applies to you depends on what the LLC does and where the work is performed, and every case is different. When it applies, it is due June 15 if you had no U.S. wages subject to withholding, or April 15 if you did, and it can be extended with Form 4868. See our guide to non-resident LLC taxes.

The state side: annual report and registered agent

Besides the IRS, the LLC answers to the state where it was formed. Each state has its own rules; the usual pattern is an annual report or payment to keep the LLC active, plus the duty to keep a registered agent. These are the three examples we checked on the official websites:

Wyoming: the annual report is due on the first day of the LLC's anniversary month (formed in May, due May 1 every year). It comes with a license tax of at least $60, or two-tenths of one mill on the dollar ($.0002) of the LLC's assets located and employed in Wyoming, whichever is greater. If it is not filed within 60 days after the due date, the state administratively dissolves the LLC.
North Carolina: the annual report is due April 15 every year, starting the year after formation. It costs $200 on paper; online there is a small electronic payment fee ($203 by card). It is required as long as the LLC exists, active or not. See our North Carolina LLC guide.
Delaware: LLCs do not file an annual report, but they pay an annual tax of $400, due June 1 for the prior year. Not paying it brings a $200 penalty plus 1.5% interest per month.

The registered agent is the person or company with a physical address in the state that receives official notices and lawsuits on the LLC's behalf. North Carolina and Wyoming law require the LLC to maintain one continuously. If you live abroad, you normally hire a company that provides this service and renew it every year. If you stop paying and the agent resigns with no replacement, Wyoming classifies the LLC as delinquent awaiting administrative dissolution, and in North Carolina being without a registered agent for 60 days is a ground for dissolution.

What if I have the LLC but don't use it?

This is one of the most common questions, and the short answer is that an inactive LLC still has obligations for as long as it exists:

The state annual report or tax keeps coming due. The North Carolina Secretary of State says it plainly: the report is required as long as the entity exists. In Delaware, the annual tax is owed just the same.
You probably still have to file Form 5472. If you personally paid the registered agent or the annual report fee that year, that is already a transaction between the LLC and its owner. Only a year with no transactions at all between you and the LLC would be left out, and you should be able to show it.
The registered agent is still required.

If you stop complying, the LLC loses its good standing with the state and ends up administratively dissolved: in both Wyoming and North Carolina, once the report is more than 60 days late. Reinstatement has its own fee: $100 in North Carolina; in Wyoming, $100 if it was for the annual tax or $350 if it was for having no registered agent.

Most important: a state dissolution closes nothing with the IRS. The Forms 5472 for years with transactions are still owed, with their penalty.

If you no longer want it: closing it properly

Abandoning an LLC is not closing it. If you are done with it, the orderly way looks roughly like this. These are general steps: the exact requirements depend on the state.

Check what is outstanding with the state (annual reports or taxes) and with the IRS (any missing Forms 5472).
Close the LLC's bank account and move the balance to your own account. That final distribution is a transaction with the owner that goes on the last Form 5472.
File the dissolution with the state. In North Carolina it is the Articles of Dissolution (Form L-07, $30); in Wyoming, a dissolution filing costs $60.
File the last Form 5472 with its pro forma 1120 for the year of closing, checking the final return box. The IRS instructions count amounts related to the LLC's dissolution as reportable transactions.
Ask the IRS to close the EIN account with a letter stating the LLC's legal name, EIN, address and the reason. The IRS will not close it until all necessary returns have been filed.
End the registered agent service once the state has accepted the dissolution.

If you have unfiled years, fix them before closing. We explain how in our guide to the Form 5472 penalty and late years.

The BOI report no longer applies

Under FinCEN's final rule of August 11, 2026, effective August 14, 2026, companies formed in the United States, including foreign-owned LLCs, no longer file BOI reports. Only certain companies formed outside the U.S. that register to do business in a state still file. If someone offers to “file your BOI” for your U.S. LLC, it is no longer needed. Form 5472 is still required.

How much it costs to keep an LLC

There is no single number: it depends on the state and on what you hire out. The fixed part is what the state charges (published fees, checked on September 24, 2026):

Item	Wyoming	North Carolina	Delaware
Yearly state payment	$60 minimum (based on assets in Wyoming)	$200 on paper ($203 online by card)	$400
Due	1st day of the anniversary month	April 15	June 1

On top of that come costs the state does not set, which vary by provider:

Registered agent: required, charged by a private company, usually yearly.
Preparing Form 5472 and the pro forma 1120, and Form 1040-NR if it applies. The IRS charges nothing to receive them, but given the penalty it pays to have them prepared by someone who knows this situation.
Bank account: some accounts have no monthly fee and others do; it depends on the provider.
Bookkeeping: doing it yourself costs time; outsourcing it depends on your volume of transactions.

Comparing states only by the annual fee falls short: where you will operate and what that state requires also matter. We compare them in our guide to the best state for your LLC.

Common mistakes

“I don't use it, so I don't have to do anything.” The state still wants its annual report or tax, and Form 5472 is usually still required.
Confusing the state annual report with the IRS filing. They are two separate obligations with two separate agencies. Filing one does not cover the other.
Paying LLC expenses with a personal card and not recording them. They are Form 5472 transactions.
Letting the registered agent lapse. The LLC is left without a legal address in the state and can end up dissolved.
Abandoning the LLC instead of closing it. Obligations from past years are still there.
Not telling the IRS with Form 8822-B when the LLC's address or responsible party changes. IRS letters keep going to the old address.
Paying for a BOI report that is no longer required of LLCs formed in the U.S.

How we help

At BMS of NC we run your LLC's calendar with you: every year we prepare and file Form 5472 with its pro forma 1120, the state annual report and, if it applies, Form 1040-NR, and we remind you before every deadline. If your LLC has been left unattended for years, or you are thinking about closing it, we start by reviewing what is missing. In English or Spanish, online, from any country.

Frequently asked questions

What happens if I have a U.S. LLC but don't use it?

It still has obligations for as long as it exists. The state annual report or tax keeps coming due, the registered agent is still required, and you probably still have to file Form 5472, since paying those fees yourself is a transaction with the LLC. If you stop complying, the state can dissolve it, but that closes nothing with the IRS.

How much does it cost to keep an LLC each year?

There is no single number: it depends on the state and what you hire out. The yearly state payment is at least $60 in Wyoming, $200 on paper in North Carolina ($203 online by card) and $400 in Delaware. On top of that come the registered agent, preparing Form 5472 and the pro forma 1120, the bank account and bookkeeping, which vary by provider.

When is Form 5472 due for my LLC, and what if I don't file it?

It is due April 15, together with the pro forma 1120. Filing Form 7004 by that date extends it to October 15. It cannot be filed electronically: it goes by fax or mail. The penalty for not filing, filing late or filing incomplete is $25,000 per form, per year. At BMS of NC we can help you with this.

How do I close a U.S. LLC I no longer want?

Abandoning it is not closing it. In general: check what is outstanding with the state and the IRS, close the LLC's bank account, file the dissolution with the state (Form L-07 for $30 in North Carolina; $60 in Wyoming) and file the last Form 5472 with the final return box checked. Then ask the IRS by letter to close the EIN account and end the registered agent service.

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Official sources

Related guides

This guide is general information about U.S. tax rules and does not replace advice on your specific case.