The short answer
| Your LLC | Line 9a |
|---|---|
| One owner who lives outside the US, no tax election | Check Other and write Foreign-owned U.S. disregarded entity-Form 5472 |
| Two or more owners, no tax election | Check Partnership |
| Elected to be taxed as a corporation | Check Corporation and enter the form number of the return it will file (Form 1120) |
Single-member LLC with a foreign owner
By default, the IRS treats a single-member LLC as a disregarded entity: for income tax it's looked through to its owner. The
That wording tells the IRS to expect Form 5472, filed with a pro forma Form 1120, every year. See Form 5472 basics.
Multi-member LLC
An LLC with two or more members is taxed as a partnership unless it elects otherwise. Check Partnership on line 9a. Line 8b shows the number of members.
LLC taxed as a corporation
Only if the LLC has filed, or will file, an election to be taxed as a corporation. Check Corporation, enter the form number of the return it will file, and complete line 9b with the state where it was formed. Most foreign-owned LLCs don't make this election, and owners who aren't US residents can't use an S corporation election.
Common mistakes
- Checking "Sole proprietor". That box is for individuals, and it asks for an SSN. Your LLC is the applicant, not you.
- Checking "Corporation" without an election. A US LLC isn't a corporation for tax purposes by default.
- Leaving out the Form 5472 wording. The "Other" line should say exactly what the instructions ask for.
- Mixing up 8b and 9a. A single-member LLC reports 1 member on line 8b. If it shows 2 or more, line 9a can't be the disregarded-entity option.
Source: IRS Instructions for Form SS-4. This guide is general information, not tax advice.
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