🌎 Form 5471 – Controlled Foreign Corporation (CFC) Reporting Obligation
Under Internal Revenue Code §6038 and §6046, a U.S. person — an individual, corporation, partnership, or trust — who directly, indirectly, or constructively owns 10% or more of the total voting power or value of a Controlled Foreign Corporation (CFC) must file Form 5471. This applies even if ownership changed during the tax year.
- Who files: Any U.S. person that meets the ownership threshold in a foreign corporation that qualifies as a CFC.
- If a U.S. corporation owns the CFC: the U.S. corporation files Form 5471.
- If a shareholder of a U.S. corporation owns the CFC directly, that shareholder must file — but only if they are a U.S. person.
- Non-U.S. shareholders: do not file Form 5471, even if they own a CFC through a U.S. entity.
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Penalties for Non-Compliance: Failure to file Form 5471 may result in penalties under IRC §6038(b), starting at $10,000 per form, per year, plus an additional $10,000 for each 30-day period the failure continues (up to $50,000 per failure). The IRS may also suspend foreign tax credits until compliance is achieved.
✅ Only the U.S. person who owns the CFC is responsible for filing Form 5471. Ownership by non-U.S. persons does not create a filing requirement. Please complete all questions required for Form 5471 preparation to ensure accurate reporting.