For non-US owners of a South Carolina LLC
Foreign-Owned South Carolina LLC: State Report, Tax and IRS Filing
Your LLC is formed in South Carolina and you live outside the US. Two sets of rules apply every year: South Carolina's report and tax, and the IRS filing for foreign-owned LLCs. Here are both, from the state's own sources and the IRS.
Quick answer
What does a foreign-owned South Carolina LLC have to file each year?
With South Carolina: None required for an LLC not taxed as a corporation. Fee: No filing fee. Due: No annual report due for an LLC not taxed as a corporation. With the IRS: Form 5472 with a pro forma Form 1120 for any year with a transaction between the LLC and its foreign owner, with a US$25,000 penalty if missed.
At a glance
- South Carolina yearly report
- None required for an LLC not taxed as a corporation
- South Carolina fee
- No filing fee
- South Carolina due date
- No annual report due for an LLC not taxed as a corporation.
- IRS filing
- Form 5472 with a pro forma Form 1120; US$25,000 penalty if missed
- Fees
- See our Form 5472 filing service page, or request a quote
The South Carolina side: report, fee and tax
Before the IRS side, the state. South Carolina's requirements, from official South Carolina sources (South Carolina official source, tax source): State figures checked October 28, 2026.
| Item | South Carolina |
|---|---|
| Yearly report | None required for an LLC not taxed as a corporation |
| Fee | No filing fee. SCDOR lists an LLC not taxed as a corporation among entities not subject to the annual report or the license fee. An LLC that elects to be taxed as a corporation must file the CL-1 Initial Annual Report with SCDOR within 60 days of commencing business and then follows the corporate annual report and license fee rules. |
| Due | No annual report due for an LLC not taxed as a corporation. |
| State tax | None for an LLC not taxed as a corporation. SCDOR states a single member LLC not taxed as a corporation is not regarded as an entity separate from its owner, so a disregarded single-member LLC is not subject to the annual report or license fee. A corporate tax election brings in the CL-1, the SC1120 or SC1120S return and the license fee. |
| If it is late | No report penalty applies. The Secretary of State may begin administrative dissolution if the LLC does not pay a fee, tax or penalty within sixty days after it is due (S.C. Code 33-44-809). |
Easy to miss: Electing corporate tax treatment for the LLC triggers SCDOR's CL-1 and annual corporate report and license fee, which a disregarded LLC never files.
The IRS filings for a South Carolina LLC with a foreign owner
The state filings do not replace the federal ones. A South Carolina LLC owned by one non-US person is a disregarded entity for income tax, but the IRS treats it as a corporation for related-party reporting, so it files Form 5472 with a pro forma Form 1120 for any year with a transaction between the LLC and its owner, including the money used to form it. A missed or substantially incomplete form carries a US$25,000 penalty (IRS).
Also on the federal side: the BE-13 survey, generally within 45 days of a foreign person setting up a US business (BEA rule), and a Form 1040-NR only if the LLC has income effectively connected with a US trade or business (IRS).
Keeping a South Carolina LLC in good standing
State. None required for an LLC not taxed as a corporation: No annual report due for an LLC not taxed as a corporation.
IRS. Form 5472 with the pro forma Form 1120, normally by April 15 for a calendar-year LLC (Form 7004 extends it)
Once. BE-13 within 45 days of formation, if it applies
How we help
We prepare Form 5472 and the pro forma Form 1120 for foreign-owned South Carolina LLCs, or the full year under our annual package. Fees are on our Form 5472 filing service. Gurleen Kaur, CPA licensed in British Columbia and Washington State, signs. We remind you of the South Carolina date; the state report itself is filed with South Carolina.
See the annual compliance package, best state for non-US founders and US LLC tax by country.
Law references for a South Carolina LLC
South Carolina
- State rules: South Carolina official page, South Carolina tax page.
Federal
- Form 5472: Internal Revenue Code section 6038A and Treas. Reg. section 1.6038A-1; T.D. 9796 treats a foreign-owned single-member LLC as a corporation for this purpose (IRS).
- Effectively connected income and Form 1040-NR: Code sections 864 and 871 (IRS Pub 519).
- BE-13: 15 CFR 801.7 (eCFR).
Other states
All 50 states and DC in one table: US LLC annual fees by state.
- Wyoming
- Delaware
- Florida
- Texas
- Nevada
- Colorado
- Montana
- South Dakota
- Missouri
- Ohio
- Arizona
- California
- New York
- Washington
- Illinois
- Alabama
- Alaska
- Arkansas
- Connecticut
- Georgia
- Hawaii
- Iowa
- Kentucky
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- New Hampshire
- New Jersey
- North Carolina
- North Dakota
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- Tennessee
- Utah
- Vermont
- Virginia
- West Virginia
Common questions
What does a South Carolina LLC owe the state each year?
None required for an LLC not taxed as a corporation. Fee: No filing fee. Due: No annual report due for an LLC not taxed as a corporation.
Does a South Carolina LLC owned by a non-US person pay South Carolina tax?
None for an LLC not taxed as a corporation. SCDOR states a single member LLC not taxed as a corporation is not regarded as an entity separate from its owner, so a disregarded single-member LLC is not subject to the annual report or license fee. A corporate tax election brings in the CL-1, the SC1120 or SC1120S return and the license fee.
What happens if the South Carolina filing is late?
No report penalty applies. The Secretary of State may begin administrative dissolution if the LLC does not pay a fee, tax or penalty within sixty days after it is due (S.C. Code 33-44-809).
Does a foreign-owned South Carolina LLC file with the IRS?
Yes. Form 5472 with a pro forma Form 1120 for any year with a reportable transaction with the foreign owner, including the money used to form it. The penalty for missing it is US$25,000. This is separate from the state filing.
Sources
Every rule and figure on this page links to the IRS, CRA or other official source it comes from. Amounts change; we re-check them before each engagement.
- South Carolina: official source
- South Carolina: tax source
- IRS: Instructions for Form 5472
- eCFR: 15 CFR 801.7 (BE-13 reporting requirement)
- IRS: Publication 515
Gurleen Kaur, CPA licensed in British Columbia and Washington State. Last updated November 11, 2026. This page is general information, not tax or legal advice for your situation.
Related guides: US LLC fees by state, Annual compliance package, Best state for non-US founders.
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