The IRS issued final (T.D. 9667) and proposed (REG-114942-14) regulations amending the rules for filing Form 5472, Information Return of a 25% Foreign-Owned U.S. Corporation or a Foreign Corporation Engaged in a U.S. Trade or Business. The final regulations adopt without change temporary and proposed regulations issued in 2011 eliminating the requirement to file a duplicate Form 5472 with the IRS service center in Philadelphia, as well as with the income tax return. (For prior coverage, see here.)
The proposed regulations would remove the
provision allowing Form 5472 to be timely filed separately
from the taxpayer’s income tax return if that return is filed
late. After the rules are adopted, Form 5472 would be required
to be filed in all cases only with the filer’s income tax
return by the due date (including extensions) of that return.
This will bring the filing requirements for Form 5472 into
line with those for Forms 5471, Information Return of U.S.
Persons With Respect to Certain Foreign Corporations,
and 8865, Return of U.S. Persons With Respect to Certain
Foreign Partnerships, for which there is no provision
for timely filing of the form separate from the taxpayer’s tax
return.
A corporation that fails to file Form
5472 by the due date may be assessed a penalty of $10,000 for
each tax year for which a failure occurs. If the failure to
file the form continues for more than 90 days after the IRS
mails the corporation a notice of its failure to file, the IRS
can impose an additional $10,000 penalty for each 30-day
period (or part of a 30-day period) in which the company fails
to provide the information (Sec. 6038A(d)).
The final regulations, which remove the temporary regulations issued in 2011, are effective June 6, 2014, the date they will be published in the Federal Register. The proposed regulations will be effective when they are published as final in the Federal Register.
