Country guide

Form 5472 for Nigerian-Owned US LLCs (2026)

Quick answer

If you're a Nigerian founder with a US single-member LLC, you generally must file Form 5472 + a pro-forma 1120 every year, even at $0 tax. Failing to file Form 5472 when due and in the manner prescribed carries a $25,000 penalty.[1] Note: there is no US–Nigeria tax treaty, so there's no treaty relief, and how double taxation is handled depends on US and Nigerian (FIRS) rules separately. Confirm with advisors. (US filing: HIGH. Nigeria side: NEEDS LOCAL EXPERT REVIEW.)

Key facts

  • A foreign-owned U.S. disregarded entity has no income tax return filing requirement of its own, but must still file a pro forma Form 1120 with Form 5472 attached by that Form 1120's due date.[2]
  • Failing to file Form 5472 when due and in the manner prescribed carries a $25,000 penalty.[1]
  • No US–Nigeria tax treaty. HIGH, IRS treaty list
  • FIRS treatment of foreign income with no treaty. Confirm with an advisor. NEEDS LOCAL EXPERT REVIEW

What this means for you (Nigeria)

Budget for the annual 5472 as a fixed cost, separate from any tax. Because there's no treaty, ask a cross-border advisor how your foreign income is handled by FIRS and how to avoid being taxed twice without treaty relief.

Frequently asked questions

Do I file 5472 even with no income?

Generally yes. HIGH

Is there a US–Nigeria treaty?

No. HIGH

What do I ask my advisor?

FIRS foreign-income treatment and double-tax handling without a treaty.

Sources used

  • IRS, Instructions for Form 5472: irs.gov · IRS Treaties A–Z (Nigeria absent)
  • CBN / FIRS (Nigeria block, reviewed locally)

Sources

  1. [1]Internal Revenue Service, Instructions for Form 5472 (12/2024) — A penalty of $25,000 will be assessed on any reporting corporation that fails to file Form 5472 when due and in the manner prescribed. (retrieved )
  2. [2]Internal Revenue Service, Instructions for Form 5472 (12/2024) — While a foreign-owned U.S. DE has no income tax return filing requirement, as a result of final regulations under section 6038A, it will now be required to file a pro forma Form 1120, U.S. Corporation Income Tax Return, with Form 5472 attached by the due date (including extensions) of that Form 1120. (retrieved )

Related

US tax and Nigeria-side reporting depend on your facts. Confirm with a US CPA and a Nigerian advisor. See the Nigeria guide and Form 5472 guide.

Last updated: September 1, 2026.

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