Everything a single-member LLC with a non-resident U.S. owner has to file every year with the IRS, FinCEN, BEA and the state of registration. No fluff — with the forms, deadlines, real penalties and the official link.
Active obligations
5 filings
Critical deadline
April 15
Extension available
Until October 15
Included in DC
LLC Basic plan
What you have to do every year
The 5 real obligations of an NM non-resident LLC
If you are a non-resident owner of a single-member LLC (SMLLC) registered in New Mexico and you have not elected to be taxed as a corporation (you have not filed Form 8832), here is exactly what to file, when, how much it costs not to do it and how Devil Club covers it.
1
Tax Return + Information Return
Form 1120 (pro-forma) + Form 5472
Mandatory
Since 2017 (Reg. §301.7701-3), every SMLLC with a foreign owner is treated as a Disregarded Entity but is required to file Form 5472 together with a pro-forma Form 1120 if there was any "reportable transaction" with the owner (contributions, distributions, loans, payments).
Who files it
An SMLLC with 25%+ foreign ownership that had reportable transactions with the owner during the tax year.
Deadline
April 15 of the following year. Automatic extension to October 15 with Form 7004.
Penalty for not filing
$25,000 for each 5472 not filed or filed incomplete (IRC §6038A).
How it is sent
By fax or mail to the IRS (Ogden, UT). No e-file for foreign-owned SMLLC.
How Devil Club covers it
Included · LLC Basic
We generate the pro-forma 1120 + 5472 with your data from the Governance Ledger, sign it, send it by certified fax to the IRS Ogden and file the receipt. All before April 15.
Complete the 1120 filling in only name, EIN, address and "Foreign-owned U.S. DE" at the top.
Attach the 5472 with the reportable transactions.
Send by fax to 855-887-7737 or mail to IRS Ogden UT 84201.
2
Report of Foreign Bank Accounts
FinCEN Form 114 (FBAR)
Conditional
If the LLC held one or more financial accounts outside the U.S. (banks, brokers, custodial crypto) whose maximum aggregate value exceeded $10,000 USD at any point during the year, the LLC must file an FBAR with FinCEN.
Who files it
The LLC if it had signature authority or financial interest in non-US accounts that exceeded $10K in aggregate.
Deadline
April 15. Automatic extension to October 15 (no form required).
Penalty for not filing
Non-willful: up to $16,536/violation. Willful: the greater of $165,353 or 50% of the balance (31 USC §5321).
How it is sent
Exclusively online via the BSA E-Filing System (FinCEN).
How Devil Club covers it
Included · LLC Basic
We detect the obligation from Mercury + Wise + the exchanges connected to your bookkeeping. We prepare and file the FBAR via BSA and attach the receipt in your dashboard.
Fill in FinCEN Form 114 with each account (bank name, number, maximum balance, country).
Save the receipt. It is not sent to the IRS, only to FinCEN.
3
Foreign Direct Investment Survey
BEA Form BE-13
One-time
The Bureau of Economic Analysis (Dept. of Commerce) requires reporting the initial formation of a US entity with 10%+ foreign ownership. It is filed only once, at formation. If you exceed certain thresholds there is also a BE-12 every 5 years (sampling) and an annual BE-15 (if assets >$60M).
Who files it
Every newly formed LLC with 10%+ ownership by a non-US person, even if there was no significant monetary investment.
Deadline
45 days from the acquisition, formation or expansion of the entity.
Penalty for not filing
Civil: $5,911 – $59,114. Willful: up to $29,557 + imprisonment (22 USC §3105).
How it is sent
Online at eFile BEA (efile.bea.gov).
How Devil Club covers it
Included · LLC Formation
We file the BE-13 once — within the first 45 days after the acquisition, formation or expansion of the entity. It is a one-shot survey tied to the triggering event of the entity's creation, not to the issuance of the EIN nor to an annual return. We leave the BEA receipt in your dossier. If you exceed the asset threshold and a later BEA survey appears (BE-12 benchmark, annual BE-15 only if you are contacted), we will let you know.
Choose the correct subclass (BE-13A new acquisition, BE-13B new entity, etc.).
Fill in the 4-digit NAICS (note: the field is a SELECT, use the parent code).
Submit and save the receipt.
4
State maintenance — New Mexico
NM SOS · No franchise tax or annual report for LLCs
Maintenance
Unlike Delaware or California, New Mexico does not charge franchise tax on LLCs and does not require a specific annual report for LLCs. The only recurring state obligation is to keep a valid Registered Agent and the registration address active.
LLC franchise tax
$0. NM eliminated the fee for LLCs; only corporations pay an annual ($50 min).
LLC annual report
Not applicable. NM SOS does not require it for LLCs (it does for corps).
What you do have to maintain
Registered Agent up to date + valid address + records under the EIN.
If you do not maintain the RA
Administrative dissolution by NM SOS (loss of the LLC).
Why we choose New Mexico
NM is one of the 3 US states that does not charge an annual franchise fee on LLCs and also does not require listing members on the public record. It is the cheapest and most private jurisdiction in the country for a non-resident's LLC.
Quick comparison
New Mexico: $0/year, no annual report.
Wyoming: $60/year annual report.
Delaware: $300/year LLC franchise tax.
California: $800/year minimum.
5
Registered Agent renewal
Registered Agents Inc. · Annual
Maintenance
Every LLC in the USA must have a Registered Agent with a physical address in the state of registration to receive legal notices. If it lapses, NM SOS can administratively dissolve the LLC. It is the only mandatory recurring invoice for a well-kept NM LLC.
Renewal
Annual, on the anniversary of the formation.
Cost
~$50/year (DC wholesale with Registered Agents Inc.).
If it lapses
Administrative dissolution + loss of good standing + blocked bank account.
Included in DC
LLC Basic plan · automatic renewal before the deadline.
Yes, if there was any "reportable transaction" with the owner. A capital contribution made when opening the bank account already counts. In practice, almost all foreign-owned SMLLCs must file the 1120 + 5472 every year, even if they have not invoiced third parties. If there was literally no movement with the owner, it is not mandatory — but we recommend filing it anyway to keep the statute of limitations running.
An automatic penalty of $25,000 for each 5472 not filed or filed incomplete under IRC §6038A. It applies per year and the IRS rarely waives it. The Form 7004 extension (until October 15) is automatic, requires no justification, and we always recommend it whenever there is any doubt about the figures.
Yes. A multi-member LLC (2+ members) is by default treated as a partnership, not a disregarded entity. It changes to Form 1065 (partnership return) + a Schedule K-1 for each member. The FBAR and BEA stay the same, but the tax regime changes substantially. If you plan to add a second member, talk to us first.
It depends on your tax residency. In Spain, if you reside there, the LLC's income may be attributable to you under personal income tax (IRPF) (controlled foreign company / international tax transparency rules) unless your residency is territorial (Paraguay, Uruguay, Panama, Dubai, etc.). The LLC per se does not exempt you from obligations in your own country — it gives you structure. Check our comparative calculator.
Technically yes, you can: all the forms (1120, 5472, FBAR, BE-13) are accessible and the official links are on this page. A US CPA charges between $800-$2,500 for a 1120+5472 pack for a foreign-owned LLC. The risk of DIY is the $25K 5472 penalty for errors or omission. With DC it is included in the plan and with audited compliance.
We recommend filing late filings as soon as possible. For the 5472 there is a Delinquent International Information Return Submission Procedures program that allows filing with a reasonable cause explanation. If there were no significant movements, the penalty may be avoided. Write to us at contact with your case and we will assess it.
All of these obligations, covered
LLC Basic includes formation, EIN, bookkeeping linked to Mercury, the annual filings (1120+5472, FBAR, RA renewal, reminders) and the one-shot BE-13 survey at formation. No surprises.
* This guide is for general guidance only and is based on US tax legislation in force (IRC §6038A, 31 USC §5321, 22 USC §3105) and the practices of the IRS, FinCEN, BEA and NM SOS as of 2026. Penalties may vary due to annual inflation adjustments. Consult an authorized CPA or EA before making decisions. Devil Club provides administrative compliance services, not individualized tax advice.
