Form 5471 vs Form 8858: which foreign entity form applies?
Form 5471 reports ownership or control of foreign corporations. Form 8858 reports foreign disregarded entities (FDEs) and foreign branches of U.S. persons (IRS: Form 5471 and IRS: Form 8858).
What determines which form:
- Classification: foreign entity’s U.S. tax classification (per se corporation, elective corporation, disregarded entity, partnership).
- Check-the-box: many foreign entities can elect treatment; default rules assign classification.
- Ownership: Form 5471 thresholds (10%+, officer, control); Form 8858 for any FDE or branch.
| Entity Type | Form |
| Foreign corporation (per se or elected) | 5471 |
| Foreign LLC with single owner (default or elected disregarded) | 8858 |
| Foreign LLC with multiple owners (partnership default) | 8865 |
| Foreign branch of U.S. person | 8858 |
Form 5471 has five filer categories with different schedules required. Penalties start at $10,000 per form per year and can compound.
Form 8858 is often overlooked because FDEs are “disregarded” for U.S. tax purposes, and many assume no reporting is required. Form 8858 is required even when no separate U.S. tax return is owed for the entity.
Common scenarios:
- Expat with 100% foreign LLC, default disregarded: Form 8858.
- Expat with 10%+ foreign corporation: Form 5471.
- Check-the-box election on a foreign LLC to be a corporation: Form 5471.
- U.S. person with foreign branch (Schedule C business abroad): Form 8858.
Last updated on April 29, 2026
