Federal tax returns for a US company

A US company answers to its state and to the federal tax service separately. We take the federal half: the right return, the dates, the instalments and the forms a foreign owner triggers.

 

Federal rate

Федеральная ставка

21%

21%

Foreign-owner form

Форма о владельце

$25,000

25 000 $

Late return

Просрочка в месяц

5%, up to 25%

5%, всего до 25%

Per partner monthly

За партнёра в месяц

$255

255 $

When you need help with a US federal tax return

Your company has a foreign owner

A single-member company owned from abroad files a federal return even in a year with no income and no tax, and the information form attached to it carries a five-figure penalty.

March arrived before April

Partnerships and small corporations that elected pass-through status file a month earlier than ordinary corporations. Many founders learn this in April.

Nobody chose how the company is taxed

A limited liability company is a state creature with no tax status of its own. Federal law assigns one by default, and the default may not be what you wanted.

You assumed a small-business election

The pass-through election every US accountant recommends is closed to companies with a non-resident owner. If that was the plan, the plan needs changing.

The tax was paid in one lump

Federal tax on a profitable company is collected four times a year, during the year it is earned. Paying it all with the return leaves an underpayment behind.

What federal tax filing in the USA covers

A company here answers to two authorities that share nothing: the state that registered it, and the federal tax service. The state wants its annual report and its franchise charge. This page is about the other one.

The state side — what each registry bills every year and by which date — belongs with company registration in the USA. The service without a country is corporate tax support. Everything we run stateside is listed on the USA page.

What you get

  • The right federal return identified from how your entity is actually classified
  • The information form for a foreign owner filed with the return rather than after it
  • Instalments planned through the year instead of one payment that arrives short
  • An extension filed before the date rather than an explanation sent after it
  • Elections made deliberately, with the ones closed to you ruled out in advance

Which return, and when

An ordinary corporation

Files by the fifteenth day of the fourth month after its tax year ends — mid-April for a calendar year. A year ending on 30 June is the exception and moves a month earlier. Taxable income is charged at a flat 21%.

A partnership or a pass-through corporation

Files by the fifteenth day of the third month, a full month ahead of the corporate date, and issues each owner a statement of their share.

A foreign-owned company with one member

Is disregarded for income tax and still has to file: a skeleton corporate return with the information form on related-party transactions attached, due on the corporate date.

Everyone who needs more time

An automatic extension is available on application, but it moves the filing date only. Tax owed is still due on the original one.

What the tax service charges for being late

A return filed late draws 5% of the tax due for each month or part of a month, capped at 25%. If it is more than sixty days late the minimum is $525 or the whole underpayment, whichever is smaller. Unpaid tax adds 0.5% a month on top. A partnership return is charged differently: $255 for each month, multiplied by the number of partners, for up to twelve months. The information form for a foreign owner stands apart at $25,000, and a further $25,000 for every thirty days the failure runs on after ninety days from the service's notice. An incomplete form counts as one never filed.

Sources: the 21% rate — Publication 542; filing dates, the 30 June exception and the instalment months — the instructions to the corporate return and to the partnership return; the penalties — the service's failure-to-file page; the foreign-owner form, its penalty and the skeleton return — the instructions to Form 5472.

Stages of work

Pinning down what the entity is for tax.

Before any date matters, we establish the classification the federal rules give you and whether an election has ever been filed to change it. Everything downstream hangs on this answer.

Setting the year and the two dates it creates.

The tax year fixes the filing date and the instalment months at once. We write both into a calendar for you, including the earlier date if the company turns out to be a pass-through.

Screening the ownership for what it closes off.

A non-resident owner rules out the small-business election and switches on the reporting duty for related-party dealings. We check this before anything is drafted.

Paying through the year.

Where total tax for the year is expected to reach $500, instalments fall due in the fourth, sixth, ninth and twelfth months. We size them from the forecast and revise as the year moves.

Preparing and filing the return.

The return, the schedules, the owners' statements and the information forms are assembled as one filing, and you approve the material positions before it goes.

Holding the records the return rests on.

Books sufficient to establish that the return is correct have to exist and be producible, and for related-party transactions that standard is written into the rules separately.

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FAQ

When is a US corporation's tax return due?
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Does a US company with no income file anything?
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What does missing the foreign-owner form cost?
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Can a non-resident owner use the pass-through election?
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How is a US LLC taxed by default?
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If the return is in April, when is tax paid?
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