Form 1040-NR is the US federal income tax return for nonresident aliens — including non-resident LLC owners with US-source income. The deadline is April 15 if you had US wages subject to withholding, or June 15 if you didn’t. File late and the IRS can deny deductions and exemptions you’d otherwise be entitled to.
A nonresident alien is generally someone who is neither a US citizen nor a US tax resident under the substantial presence test — that’s most non-resident LLC owners.
Who has to file Form 1040-NR?
You file 1040-NR if you’re a nonresident alien who:
- earned US-source income connected to a US trade or business, or
- had US-source fixed income (rent, royalties, dividends) with tax to report or reclaim, or
- need to claim a refund of US tax withheld.
No US-source income at all? A foreign-owned single-member LLC generally has no 1040-NR requirement — but it still files a pro-forma Form 1120 with Form 5472 every year.
How does 1040-NR fit with your LLC’s 1120 and 5472?
Think of it as two layers. The LLC itself reports to the IRS on Form 1120 (pro-forma) + Form 5472, disclosing transactions between the LLC and its foreign owner. Then you, the owner, report your own US-source income on Form 1040-NR. Miss either layer and penalties stack: Form 5472 alone carries a $25,000 penalty.
What are the 2026 deadlines?
- April 15, 2027 — if you received US wages subject to income tax withholding during 2026.
- June 15, 2027 — if you had no US wages subject to withholding (most non-resident founders).
- FBAR (FinCEN Form 114) — April 15, with an automatic extension to October 15, if your foreign financial accounts topped $10,000 in aggregate at any point in the year.
Extensions are available, but an extension to file is not an extension to pay.
What is the FBAR — and do you owe it?
The FBAR is a separate report (not a tax return) for US persons with foreign accounts exceeding $10,000 combined. Non-resident aliens generally aren’t “US persons” for FBAR — but if you became a US tax resident under the substantial presence test (31 days in the current year plus 183 weighted days over 3 years), the FBAR applies, with non-willful penalties up to $10,000 per violation.
Frequently Asked Questions
Do I file 1040-NR if my LLC earned no US income?
Generally no — but the LLC’s 1120 + 5472 filing still applies every year. Confirm your situation with a tax professional; Epics Deals tax filing starts at $120.
What’s the difference between Form 1040 and 1040-NR?
Form 1040 is for US citizens and residents; 1040-NR is the shorter, separate return for nonresident aliens, with different deductions, exemptions, and treaty rules.
Can I e-file Form 1040-NR?
Yes, in most cases through IRS-authorized e-file providers — though some treaty claims and statements still go on paper.
What happens if I file 1040-NR late?
You can lose the right to claim deductions and credits, and the IRS assesses failure-to-file and failure-to-pay penalties plus interest.
Does filing 1040-NR make me a US tax resident?
No — filing the nonresident return doesn’t change your status. Residency is determined by the green card and substantial presence tests.
Related:
- US LLC Taxes for Non-Residents: What You Must Know (2026)
- Form 5472: The $25,000 IRS Penalty Every Foreign-Owned LLC Must Avoid (2026 Guide)
- How to Get an EIN Without an SSN (Non-Resident Guide 2026)
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