For residents of Poland who own a US LLC

US LLC Owned From Poland: Form 5472, Taxes and Filing

A US LLC owned from Poland has a yearly IRS filing even if it earns nothing in the US. This guide shows the filings, the Polish tax ID that goes on Form 5472, and what it means that the US has a tax treaty with Poland.

Form 5472Pro forma 1120Treaty: yesW-8BENBE-13

Quick answer

Does a resident of Poland who owns a US LLC have to file with the IRS?

Yes, if the LLC had a reportable transaction with you, and forming and funding it counts. A single-member US LLC owned by a resident of Poland files Form 5472 with a pro forma Form 1120 each year, usually by April 15 for a calendar year, even with no income. The US has an income tax treaty with Poland, which affects how profits and US-source payments are taxed, not whether Form 5472 is due.

Prepared by Illuminous Accounting · Sources checked November 11, 2026

At a glance

Yearly US filing
Form 5472 with a pro forma Form 1120
US tax treaty with Poland
Yes, per the IRS treaty list
Your home tax ID
Your PESEL number, which Poland treats as the tax identification number for individuals who do not run a registered business or file VAT; if you do, use the tax identification number issued for that
Currency
Convert Polish zloty to US dollars; the form is in US dollars
Fees
See our Form 5472 filing service page, or request a quote

What a US LLC owned from Poland files each year

A US LLC with a single foreign owner is a disregarded entity for income tax, but the IRS treats it as a corporation for one purpose: reporting its dealings with its owner. That is why an owner in Poland with no US customers, no US office and no profit can still owe a US filing every year.

FilingWhen it appliesSource
Form 5472 with a pro forma Form 1120Every year the LLC has a reportable transaction with its foreign owner, including money you put in or take outIRS
BE-13 surveyGenerally within 45 days when a foreign person sets up or buys a US businessBEA rule
State annual report or taxDepends on the state; see US LLC annual fees by stateState filing office
Form 1040-NROnly if the LLC has income effectively connected with a US trade or businessIRS

The penalty for a missing or substantially incomplete Form 5472 is US$25,000, and it grows if the failure continues after an IRS notice (IRS).

Documents for owners living in Poland

Most of what goes into the filing comes from the LLC's own records. The parts that come from you, as an owner living in Poland, are short.

ItemFor an owner in Poland
IdentityPassport and current home address
Tax IDYour PESEL number, which Poland treats as the tax identification number for individuals who do not run a registered business or file VAT; if you do, use the tax identification number issued for that
Money in and outStatements showing what you paid into the LLC and took out during the year, including amounts in Polish zloty
Company papersArticles of organization and the IRS EIN letter

For a resident of Poland, this is usually your PESEL number, which Poland treats as the tax identification number for individuals who do not run a registered business or file VAT; if you do, use the tax identification number issued for that (OECD tax ID sheet).

What the US treaty with Poland does for an LLC owner

Because Poland has an income tax treaty with the United States (IRS treaty list), an owner there has two tools that owners in non-treaty countries do not.

The permanent establishment test. Under US treaties, a resident's business profits are generally taxable in the US only when attributable to a permanent establishment there. An LLC run from Poland with no US office or dependent agent may have none. If a return relies on that, Form 8833 discloses it, and leaving it out can cost US$1,000 (IRS).

Treaty withholding on Form W-8BEN. For US-source dividends, interest or royalties paid to you, a treaty claim on Form W-8BEN naming Poland gets the treaty rate instead of the general 30% (IRS, IRS).

Neither tool changes Form 5472, which is due either way.

The Polish side of your LLC

Polish developers and software houses use a US LLC to contract with US clients and to sell products in US dollars.

The US view of the LLC does not decide how Poland sees it. Ask a tax adviser in Poland how the LLC and its profit are treated there; we prepare the US filings and share the figures your adviser needs.

Filing from Poland with us

For an owner in Poland, we prepare the Form 5472 and pro forma Form 1120 filing, or the full year for a single-member LLC. Gurleen Kaur, CPA (BC and Washington), prepares and signs. See our Form 5472 filing service for fees, or request a quote.

See our Form 5472 filing service, the annual compliance package and which state to form in.

The legal sources behind this page (Poland)

The treaty articles and US provisions this guide relies on.

Treaty

  • The IRS lists the 1974 income tax treaty, signed October 8, 1974. General effective date (IRS Table 3): treaty Jan. 1, 1974 (IRS treaty documents for Poland; treaty text; IRS Table 3).
  • Article 4 (Fiscal Residence), which decides who counts as a resident for treaty benefits.
  • Article 6 (Permanent Establishment), which defines a US permanent establishment.
  • Article 8 (Business Profits), under which business profits are taxed in the US only if attributable to a permanent establishment.
  • Article 11 (Dividends), on dividends.
  • Article 12 (Interest), on interest.
  • Article 13 (Royalties), on royalties.
  • Article 20 (Relief from Double Taxation), on relief from double taxation.
  • Treaty benefits for income earned through a fiscally transparent entity, such as a single-member LLC, are decided under section 894 and Treas. Reg. section 1.894-1(d) (IRS Pub 515, Form 8833).

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).
  • Treaty disclosure: Code section 6114, Treas. Reg. section 301.6114-1, and the section 6712 penalty (IRS Form 8833).
  • BE-13: 15 CFR 801.7 (eCFR).

The tax law of Poland itself also applies to you; check it with a local adviser.

Common questions

Does a resident of Poland 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 Poland do you need from me?

Your PESEL number, which Poland treats as the tax identification number for individuals who do not run a registered business or file VAT; if you do, use the tax identification number issued for that. The IRS asks for the same foreign tax ID every year.

Does the United States have a tax treaty with Poland?

Yes. Poland is on the IRS list of US income tax treaties. The treaty can limit US tax on business profits to profits attributable to a US permanent establishment, a position disclosed on Form 8833, and lets you claim treaty rates on Form W-8BEN.

Does an LLC owner in Poland 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 the treaty may limit US tax to profits attributable to a US permanent establishment.

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.

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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