US LLC FORM but no EIN ???

[Loisir]

Dear guys,

It is now more than 4 months that I paid for the 200$ from IncFile for a US LLC.
As you can see the package contain the EIN formation, after a first rejection by the IRS for the reason " The name submitted is currently not available or similar to existed one, please submit another"

After that, i asked IncFile to re-apply for it, since then I have no reply from them.
Since i had no reply i decided to no go further with the us llc and opened a UK LTD which is much easier, I've just opened an Us LLC for anonymous reasons ( to put it in website and checkout with the uk ltd).

I am worried as i would not be able to handle the 25K fine from the IRS. Question:

- If i don't get EIN from the IRS and IncFile and it look like it would be the case, do i still liable for the form 5472 ??? and i think this is the only one form as no transaction will occur
- If i still liable for form 5472 even without EIN number, there is a risk to not reply ? or close the entity by dissolution before the filling requirement?

Thank you so much for your reply , from what i see it can be an obligation to get EIN.

regards,

 

[Loisir]

i forget to add that :

No transaction is planned to be made with the us llc , no income , no sale nothing . this is simply for the name

 

[machinetheory]

This is really interesting as I was about to start incorporating in the US with IncFile, after reading this I have my doubts now. Have you tried calling them directly?

 

[exprtadvisrdev]

By law all foreign owned LLCs need to get an EIN and fill the 5472 every year even if they do nothing

 

[Martin Everson]

Loisir said:
I am worried as i would not be able to handle the 25K fine from the IRS.
Click to expand...

Did you learn this before or after you setup the LLC?

Toggle signature
Please note my posts should not be taken as financial or tax advice. Please seek professional advice in that respect.

 

[Loisir]

@eadeveloper Thank you for your reply, litlle questions :

NM do not need tax clearance before dissolution if I dissolve the company before the end of the year, will I still need to fil 5472 form ?
And if Yes, if i still not receive any EIN from the IRS by april 2021 ( Date of formation ) , do i still need to fil 5472 ?

 

[Loisir]

@Martin Everson Hi Martin , yes , honestly the first plan was to go all us , but regarding banking etc , the US LLC seems useless now. And has the company has not made any transaction nor profit i am worried about this. Please don't judge

 

[exprtadvisrdev]

Loisir said:
@eadeveloper Thank you for your reply, litlle questions :

NM do not need tax clearance before dissolution if I dissolve the company before the end of the year, will I still need to fil 5472 form ?
And if Yes, if i still not receive any EIN from the IRS by april 2021 ( Date of formation ) , do i still need to fil 5472 ?
Click to expand...

About the first question I don't know to be honest, is better to consult a certified CPA who understands about foreign owned LLCs.

But in case you still need to do it, the IRS doesn't care if you didn't get the EIN before the filling date (form 1120 filling date) since is the LLC responsibility to fill the required documents and is considered a failure in the filling process.

 

[Loisir]

@eadeveloper Thank you for your return , isnt form 1120 required only if the LLC is treated as C-Corp for tax purpose and made sale ?

 

[exprtadvisrdev]

Loisir said:
@eadeveloper Thank you for your return , isnt form 1120 required only if the LLC is treated as C-Corp for tax purpose and made sale ?
Click to expand...

Form 1120 is required when form 5472 is filled because the form 5472 itself doesn't have a filling date, but form 1120 in this case is only filled as a pro-forma and that's why the form 5472 uses the filling date of the form 1120

 

[Loisir]

@eadeveloper Ok i see , thanks. i Assume the filling form 1120 is need to be filled at Max 12 months after creation of entity ?

 

[exprtadvisrdev]

Loisir said:
@eadeveloper Ok i see , thanks. i Assume the filling form 1120 is need to be filled at Max 12 months after creation of entity ?
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It needs to be filled before the deadline of the 1120 in the next filling period, the form has the information about it and the deadline depends on when the tax year ends but most of the time the deadline is in April

 

[AtlasShrugged]

Loisir said:
Dear guys,

It is now more than 4 months that I paid for the 200$ from IncFile for a US LLC.
As you can see the package contain the EIN formation, after a first rejection by the IRS for the reason " The name submitted is currently not available or similar to existed one, please submit another"

After that, i asked IncFile to re-apply for it, since then I have no reply from them.
Since i had no reply i decided to no go further with the us llc and opened a UK LTD which is much easier, I've just opened an Us LLC for anonymous reasons ( to put it in website and checkout with the uk ltd).

I am worried as i would not be able to handle the 25K fine from the IRS. Question:

- If i don't get EIN from the IRS and IncFile and it look like it would be the case, do i still liable for the form 5472 ??? and i think this is the only one form as no transaction will occur
- If i still liable for form 5472 even without EIN number, there is a risk to not reply ? or close the entity by dissolution before the filling requirement?

Thank you so much for your reply , from what i see it can be an obligation to get EIN.

regards,
Click to expand...

Was looking for companies to help with incorporation. What is the 25k fine he's talking about?