For residents of Vietnam who own a US LLC
US LLC Owned From Vietnam: Form 5472, Taxes and Filing
A US LLC owned from Vietnam has a yearly IRS filing even if it earns nothing in the US. This guide shows the filings, the Vietnamese tax ID that goes on Form 5472, and what it means that the US does not have a tax treaty with Vietnam.
Quick answer
Does a resident of Vietnam 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 Vietnam 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 does not have an income tax treaty with Vietnam, which affects how profits and US-source payments are taxed, not whether Form 5472 is due.
At a glance
- Yearly US filing
- Form 5472 with a pro forma Form 1120
- US tax treaty with Vietnam
- No, per the IRS treaty list
- Your home tax ID
- The tax identification number issued to you in Vietnam
- Currency
- Convert Vietnamese dong to US dollars; the form is in US dollars
- Fees
- See our Form 5472 filing service page, or request a quote
No US tax treaty with Vietnam: what that changes
Vietnam is not on the IRS list of countries with a US income tax treaty (IRS treaty list). That does not change the Form 5472 filing, but it changes two other things.
No permanent establishment shield
Treaty residents can sometimes argue that US business profits are taxable only through a US permanent establishment. An owner in Vietnam cannot. Whether the LLC's income is taxed in the US turns only on US domestic law: is the income effectively connected with a US trade or business? Selling to US customers from Vietnam, with no US office, staff or agent, often is not, but activity carried on in the US can be, and then a US return (Form 1040-NR for an individual owner) is due.
No treaty claim on Form W-8BEN
The treaty claim on Form W-8BEN is only for residents of treaty countries (IRS), so a resident of Vietnam leaves it blank. US-source dividends, interest and royalties paid to you are generally withheld at 30% (IRS).
What a US LLC owned from Vietnam 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 Vietnam with no US customers, no US office and no profit can still owe a US filing every year.
| Filing | When it applies | Source |
|---|---|---|
| Form 5472 with a pro forma Form 1120 | Every year the LLC has a reportable transaction with its foreign owner, including money you put in or take out | IRS |
| BE-13 survey | Generally within 45 days when a foreign person sets up or buys a US business | BEA rule |
| State annual report or tax | Depends on the state; see US LLC annual fees by state | State filing office |
| Form 1040-NR | Only if the LLC has income effectively connected with a US trade or business | IRS |
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).
Getting your Vietnamese owner details ready
About you. Your passport, your address in Vietnam and your tax ID. The tax identification number your home tax authority in Vietnam issued to you, if you have one (IRS).
About the money. Every amount that moved between you and the LLC in the year, with dates. If you funded the LLC from an account in Vietnamese dong, the statement from that account helps us convert it to US dollars.
About the LLC. Formation papers, the EIN letter and the state where it was formed (state fees).
Your taxes in Vietnam
Vietnamese founders and developers use a US LLC to contract with US clients and to sell software and services in US dollars.
How the LLC's profit is taxed in Vietnam is decided under the tax rules of Vietnam, which can treat a US LLC differently from the way the IRS does. Check that with a tax adviser in Vietnam. We handle the US side and can give your adviser the US figures and filings.
How we help Vietnamese owners
We prepare Form 5472 and the pro forma Form 1120 for Vietnamese 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 (Vietnam)
The treaty articles and US provisions this guide relies on.
Treaty
- There is no US income tax treaty with Vietnam: 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 Vietnam 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
- Colombia
- Kenya
- Ghana
- Saudi Arabia
- 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 Vietnam 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 Vietnam do you need from me?
The tax identification number issued to you in Vietnam. The IRS asks for the same foreign tax ID every year.
Does the United States have a tax treaty with Vietnam?
No. Vietnam 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 Vietnam 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)
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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