For residents of Colombia who own a US LLC
US LLC Owned From Colombia: Form 5472, Taxes and Filing
A US LLC owned from Colombia has a yearly IRS filing even if it earns nothing in the US. This guide shows the filings, the Colombian tax ID that goes on Form 5472, and what it means that the US does not have a tax treaty with Colombia.
Quick answer
Do I have to file Form 5472 if I live in Colombia and own a US LLC?
Usually yes. The IRS treats a single-member LLC owned from Colombia as a corporation for Form 5472, so any money moving between you and the LLC, including the first deposit, triggers Form 5472 with a pro forma Form 1120. The penalty for missing it is US$25,000. The US does not have a tax treaty with Colombia; that matters for tax on profits, not for this filing.
At a glance
- Yearly US filing
- Form 5472 with a pro forma Form 1120
- US tax treaty with Colombia
- No, per the IRS treaty list
- Your home tax ID
- Your NIT (Numero de Identificacion Tributaria), assigned by DIAN
- Currency
- Convert Colombian pesos to US dollars; the form is in US dollars
- Fees
- See our Form 5472 filing service page, or request a quote
The yearly US filings for an LLC owned from Colombia
Here is the yearly list for a single-member LLC whose only owner lives in Colombia.
- Every year with a related-party transaction: Form 5472, attached to a pro forma Form 1120. Forming the LLC, funding it and taking money out all count (IRS instructions). The LLC usually owes no US income tax as a disregarded entity; this is an information return.
- Once, soon after you start: the BE-13 survey to the Bureau of Economic Analysis, generally within 45 days of a foreign person setting up or buying a US business (BEA rule).
- Every year, to the state: whatever the formation state charges; US LLC annual fees by state lists them.
- Only sometimes: Form 1040-NR, when the LLC earns income effectively connected with a US trade or business (IRS).
Missing Form 5472 costs US$25,000 per failure, and a substantially incomplete form counts as not filed.
Without a US treaty: LLC owners in Colombia
The United States has no income tax treaty with Colombia (IRS treaty list). For an LLC owner that has two consequences.
US tax on profit depends only on US law. The question is whether the LLC's income is effectively connected with a US trade or business. With no treaty, there is no permanent establishment threshold to rely on. Work done from Colombia for US customers is often outside that, but staff, an agent or premises in the US can bring it in, and then a Form 1040-NR is due for an individual owner.
No treaty claim on Form W-8BEN. There is no treaty to claim under (IRS), and US-source dividends, interest and royalties are generally withheld at 30% (IRS).
What we need from an owner in Colombia
To prepare the filing for an owner in Colombia, we ask for:
- Your passport and your home address in Colombia
- Your tax ID: For a resident of Colombia, this is usually your NIT (Numero de Identificacion Tributaria), assigned by DIAN (OECD tax ID sheet).
- The LLC's formation documents and EIN letter
- Bank and payment account statements for the year, so every transfer between you and the LLC can be listed, converted from Colombian pesos where needed
The IRS wants all amounts in US dollars and the same tax ID used every year (IRS).
The Colombian side of your LLC
Colombian founders and freelancers use a US LLC to contract with US clients and to be paid in US dollars.
The US view of the LLC does not decide how Colombia sees it. Ask a tax adviser in Colombia how the LLC and its profit are treated there; we prepare the US filings and share the figures your adviser needs.
How we help Colombian owners
We prepare Form 5472 and the pro forma Form 1120 for Colombian owners, and can look after the whole year for a single-member LLC. Gurleen Kaur, CPA licensed in British Columbia and Washington State, signs the filings. Fees are set out on our Form 5472 filing service; request a quote below.
See our Form 5472 filing service, the annual compliance package and which state to form in.
Treaty and US law sources
Where each rule on this page comes from, for an owner resident in Colombia.
Treaty
- There is no US income tax treaty with Colombia: it is not on the IRS A to Z treaty list. The Internal Revenue Code applies without treaty changes.
US law
- Form 5472: Internal Revenue Code section 6038A and Treas. Reg. section 1.6038A-1; final regulations T.D. 9796 treat a foreign-owned US disregarded entity as a corporation for this purpose (IRS Form 5472 instructions).
- US trade or business and effectively connected income: Code sections 864 and 871 (IRS Pub 519).
- Withholding on US-source payments to nonresidents without a treaty rate: IRS Pub 515.
- BE-13: 15 CFR 801.7 (eCFR).
The tax law of Colombia itself also applies to you; check it with a local adviser.
Owners in other countries
Every country page uses the same US rules with that country's treaty status and tax ID. See all of them on US LLC tax by country.
- The Netherlands
- Turkey (Turkiye)
- Romania
- China
- Argentina
- Brazil
- The United Kingdom
- Germany
- India
- Pakistan
- The United Arab Emirates
- South Africa
- Australia
- Panama
- Peru
- Greece
- Italy
- Spain
- France
- Nigeria
- Mexico
- The Philippines
- Poland
- Portugal
- Israel
- Japan
- South Korea
- Thailand
- Ireland
- Switzerland
- Sweden
- Austria
- Belgium
- Denmark
- Norway
- New Zealand
- Singapore
- Hong Kong
- Malaysia
- Kenya
- Ghana
- Saudi Arabia
- Vietnam
- Chile
- The Czech Republic
- Finland
- Iceland
- Estonia
- Latvia
- Lithuania
- Slovakia
- Slovenia
- Indonesia
- Ukraine
- Egypt
- Bangladesh
- Morocco
- Sri Lanka
- Bulgaria
- Cyprus
- Malta
Common questions
Does a resident of Colombia have to file Form 5472 for a US LLC?
Yes, if the single-member LLC had a reportable transaction with you in the year, which includes forming it and putting money in. It is filed with a pro forma Form 1120. The penalty for not filing is US$25,000.
Which tax ID from Colombia do you need from me?
Your NIT (Numero de Identificacion Tributaria), assigned by DIAN. The IRS asks for the same foreign tax ID every year.
Does the United States have a tax treaty with Colombia?
No. Colombia is not on the IRS list of US income tax treaties, so you cannot claim treaty benefits on Form W-8BEN. Form 5472 is due either way.
Does an LLC owner in Colombia file a US income tax return?
Usually only Form 5472 with the pro forma Form 1120 is filed. A Form 1040-NR is needed if the LLC has income effectively connected with a US trade or business, and with no treaty there is no permanent establishment test to rely on.
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.
- IRS: United States income tax treaties, A to Z
- IRS: Instructions for Form 5472
- IRS: Form 5472
- IRS: Publication 515, withholding on nonresident aliens and foreign entities
- IRS: Instructions for Form W-8BEN
- eCFR: 15 CFR 801.7 (BE-13 reporting requirement)
- OECD: Information on tax identification numbers, Colombia
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: Form 5472 filing service, Annual compliance package, US LLC tax by country.
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Prepared and signed by a licensed US CPA who can represent you before the IRS. Verify Gurleen Kaur's Washington licence (#41150) on CPAverify