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MenuIs stock issuance Form 5472 "Reportable Transaction" for C Corp foreign founders?
Are stock issuance & capital contributions a reportable transaction for Delaware C Corps in Form 5472. Google says true for LLC what about C Corp, is it also simply a Line 26 "other amounts received" item?
Answers
Form 5472 is a tax form that must be filed by certain foreign-owned corporations that are engaged in a reportable transaction with a related party. If you are a foreign founder of a C corporation and you engage in a reportable transaction with the corporation, you may be required to file Form 5472.
A reportable transaction is defined as any transaction between a foreign corporation and a related party that is not in the ordinary course of the corporation's trade or business. Some examples of reportable transactions include the sale of property to a related party, the lending of money to a related party, and the transfer of intangible property to a related party.
Whether or not the issuance of stock to a foreign founder is a reportable transaction will depend on the specific circumstances of the transaction. If you are unsure whether the issuance of stock to a foreign founder is a reportable transaction, you should consult with a tax professional or refer to the instructions for Form 5472.
Form 5472 is used to report transactions between a U.S. corporation or a foreign-owned U.S. corporation (including C corporations).Generally, stock issuance under Form 5472 by a C corporation to foreign founders may have reporting requirements , especially if the foreign founders are considered related parties to the corporation. But this requirements can depend on various factors, such as transaction amounts, ownership percentage, , and other necessary details.
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