Guide
What Is a Disregarded Entity? Your Single-Member LLC Is One
Quick answer
A disregarded entity is a business the IRS does not treat as separate from its owner for income tax. One member, no election filed, and the LLC is disregarded by default. Its income is treated as the owner's.
Disregarded for income tax is not disregarded for everything, and that gap is where foreign owners get caught.
What follows from it
The entity files no income tax return of its own. Its income and deductions belong to the owner and are reported wherever the owner reports.
The LLC still exists. State law treats it as a separate legal person, so limited liability, contracts, the bank account and the state annual report are all unaffected. "Disregarded" is a federal tax classification, not a statement about whether the company is real.
And it is regarded for information reporting. A foreign-owned disregarded entity is treated as a corporation for this purpose and files Form 5472 attached to a pro forma Form 1120. That 1120 is nearly empty:
"The only information required to be completed on Form 1120 is the name and address of the foreign-owned U.S. DE and items B and E on the first page."
The reporting is about transactions between the entity and its related parties, which includes you:
"Corporations file Form 5472 to provide information required under sections 6038A and 6038C when reportable transactions occur with a foreign or domestic related party."
IRS, About Form 5472. Page last reviewed or updated March 30, 2026. Your own capital contribution is such a transaction. That surprises almost every first-year owner.
What is and is not disregarded
| Disregarded | Not disregarded | |
|---|---|---|
| Federal income tax | Yes, income flows to the owner | |
| Information reporting | No. Form 5472 with a pro forma 1120 | |
| Limited liability under state law | No. The company is separate | |
| State annual report and fees | No. Still owed | |
| Bank account and contracts | No. In the company's name | |
| Employment tax and excise tax | No. Treated as separate |
How it stops being disregarded
Add a second member and it becomes a partnership by default, filing Form 1065 with K-1s. Elect corporate treatment and it files a real Form 1120. Both change the filing entirely, and both are decisions rather than accidents.
Sources
| Claim | Source |
|---|---|
| Purpose of Form 5472; reportable transactions with related parties | IRS, About Form 5472 |
| Pro forma 1120 contents | IRS, Instructions for Form 5472 |
Related
- The U.S. LLC for Non-U.S. FoundersStart here — the complete overview
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Last updated: September 1, 2026.
Next step
Get the company formed, and the calendar that keeps it alive.
Prolify handles the formation, the EIN, the registered agent and the annual filings on one schedule, so the deadlines on this page stop being yours to track.