For residents of South Korea who own a US LLC

US LLC Owned From South Korea: Form 5472, Taxes and Filing

You live in South Korea and own a US LLC. Each year it files Form 5472 with a pro forma Form 1120, even with no US income, and the US has an income tax treaty with South Korea. This page covers what to file, what to enter as your foreign tax ID, and what the treaty position means for you.

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

Request a Quote What to File

Quick answer

Does a resident of South Korea 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 South Korea 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 South Korea, 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 South Korea: Yes, per the IRS treaty list
Your home tax ID: Your Resident Registration Number, which Korea uses as the tax identification number for individuals
Currency: Convert Korean won to US dollars; the form is in US dollars
Fees: See our Form 5472 filing service page, or request a quote

Does an LLC owned from South Korea owe a US filing with no income?

The yearly filing for an LLC owned from South Korea is mostly an information return. The LLC usually pays no US income tax as a disregarded entity, but the IRS still wants a record of money and property moving between the LLC and its foreign owner. So the LLC files Form 5472 with a pro forma Form 1120, normally by April 15 for a calendar year, and a missed or substantially incomplete form carries a US$25,000 penalty (IRS).

Two other filings sit around it. Right after formation, a BE-13 is generally due within 45 days (BEA rule). Each year, the formation state has its own report or fee (fees by state). A Form 1040-NR comes in only if the LLC has income effectively connected with a US trade or business (IRS).

Documents for owners living in South Korea

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 South Korea, are short.

Item	For an owner in South Korea
Identity	Passport and current home address
Tax ID	Your Resident Registration Number, which Korea uses as the tax identification number for individuals
Money in and out	Statements showing what you paid into the LLC and took out during the year, including amounts in Korean won
Company papers	Articles of organization and the IRS EIN letter

For a resident of South Korea, this is usually your Resident Registration Number, which Korea uses as the tax identification number for individuals (OECD tax ID sheet).

The US tax treaty with South Korea and your LLC

South Korea is on the IRS list of countries that have an income tax treaty with the United States (IRS treaty list). For an LLC owner, the treaty matters in two places.

Business profits and a permanent establishment

US treaties generally tax a treaty resident's business profits in the US only if they are attributable to a permanent establishment in the US, such as an office or a dependent agent. Taking that position on a US return is a treaty-based return position, disclosed on Form 8833; failing to disclose it carries a US$1,000 penalty (IRS Form 8833). Whether you qualify depends on the treaty's text, including any limitation on benefits article, so we read the actual treaty for your facts.

Treaty rates on Form W-8BEN

If a US payer pays you US-source income such as dividends, interest or royalties, the treaty claim on Form W-8BEN, naming South Korea as your country of residence, is how you claim a lower withholding rate (IRS). Without a valid treaty claim, the general rate on that kind of income is 30% (IRS).

Reporting the LLC in South Korea

Korean founders use a US LLC to sell apps, beauty and consumer products and software to US buyers, often through US marketplaces.

We do not advise on the tax law of South Korea. Your local adviser decides how the LLC is reported at home, and we give them the US returns and numbers so both sides match.

How we help Korean owners

We prepare Form 5472 and the pro forma Form 1120 for Korean 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.

The legal sources behind this page (South Korea)

The treaty articles and US provisions this guide relies on.

Treaty

The IRS lists the 1976 income tax treaty, signed June 4, 1976. General effective date (IRS Table 3): treaty Jan. 1, 1980 (IRS treaty documents for Korea; treaty text; IRS Table 3).
Article 3 (Fiscal Domicile), which decides who counts as a resident for treaty benefits.
Article 9 (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 12 (Dividends), on dividends.
Article 13 (Interest), on interest.
Article 14 (Royalties), on royalties.
Article 5 (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 South Korea 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.

Common questions

I live in South Korea. When is my LLC's Form 5472 due?

With the pro forma Form 1120, normally by April 15 for a calendar-year LLC. Form 7004 extends it. The US$25,000 penalty applies if it is not filed.

Which tax ID from South Korea do you need from me?

Your Resident Registration Number, which Korea uses as the tax identification number for individuals. The IRS asks for the same foreign tax ID every year.

Does the United States have a tax treaty with South Korea?

Yes. South Korea 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.

Will I pay US income tax on my LLC's profit from South Korea?

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.

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