Below is a list of the most common customer questions.
If you can’t find an answer to your question, please don’t hesitate to reach out to us.
What is the purpose of Form 5471?
The purpose of Form 5471 is to certify whether a debtor has had some sort of contact with a federal department or agency. Generally there are two types of non-bankrupt person (in contrast to a bankrupt):
1. An individual who is not an employee or agent of the bank (e.g., a corporation or labor union). In other words, Form 5471 is designed to report on a third party (not the bank) who has made attempts to recover money from the debtor.
2. An individual who is an employee or agent of the business of the bank (e.g., an employee of a financial service company or the estate officer of a bank).
The reason for Form 5471 reporting on third parties is because the law recognizes that there can be other kinds of transactions with the debtor outside the bankruptcy proceeding.
Non-bankrupt employee vs. non-business customer
The most common non-bankrupt person is someone who owes money to the debtor and has a business relationship with the bank, and who wants a “settlement” (usually interest) from the bank, but not the debtor.
The most common form of a non-bankrupt employee payment is a check. Generally, the bank provides a check with a pre-paid balance. The debtor pays the bank and makes a charge-off to the bank, which issues a check to the employee (called the “cleaning check”). The employee then deposits the check at the bank branch where he or she works. For more on employee payments, see the section on employee payment of account balances.
The first rule governing these type of payments is that:
The payment must be for items which should be given to the debtor.
The employee must be paid in cash.
To qualify for the right to be paid out of business, the payment is for items which should be given to the debtor, and:
Payments must be in the United States
Payments must be made at a bank (not a credit union or the branch of an international bank).
Payments must be made to a business entity (i.e., a corporation).
Payments can be made to a parent, parent's spouse or child, or a minor child, but not to an estate (the non-business account of the company).
There are three kinds of “cleaning checks,” of which checkbook clearing accounts are the type used.
Who should complete Form 5471?
If you have a financial interest in the security, you should complete Form 5471.
If the property you own is a business, you should complete Form 5472. See Business interests under Special Situations.
If a bank is a customer of the security, you should complete Form 5472. See Bank customers.
A financial institution, such as an investment company, is also a customer, so you should complete Form 5472. See Investment companies.
You may also be subject to additional taxes. See Additional tax, later.
If you receive 25,000 in value of the security over your lifetime, or a maximum of 20 years from the date you received the securities, you may not have a financial interest in the security. If you are a nonresident alien who received at least 600,000 of the property over the preceding year or if you are a foreign corporation that has an office in the United States for more than one year, see Foreign corporations under Foreign corporations filing a report.
Enter the value of the property you are allowed to take into your personal financial accounts from the trust.
You are an individual if you are physically present in the United States for 183 days or less in the year. If you are a U.S. corporation or an investment company, report your worldwide income on Schedule C (Form 1040) or Schedule D (Form 1040NR), line 6.
You are filing a return because:
Your individual report shows all securities you owned on February 26, 2017, or the end of the third calendar month after you got the securities.
If you held the security through January 21, 2017, as an individual, and the date you received the property is after the close of the calendar year in which you received the security, you must report the current date of disposition on your individual report.
You are a U.S. citizen or resident alien. The following applies:
A foreign corporation must file a U.S. Schedule D with its income tax return for the year (or the preceding two years) unless U.S. source income is part of the foreign income. In that case, you must file your U.S. Schedule D as a resident foreign corporation.
In a case where the security was an annuity contract, report on Line 17 of Form 5471 the value of and payment for the contract (line 18 will show the tax due on Form 6166).
When do I need to complete Form 5471?
You must complete Form 5471 by June 15 of the year following the year in which you last completed Form 5471 for the calendar year. You must report any gain on your return for the year that includes those gains. For example, if your Form 5471 for the 2016 calendar year has been completed by May 15, your 2016 return is due before the beginning of that year.
Example. Assume that you made an entry for the year 2016 on line 21 of Form 5471. This year, you have a gain of 800. If you complete line 21 by July 15, the 2016 calendar year ends, and your 2016 Form 5471 is due before July 15, your calendar year 2016 return is due before the end of the calendar year 2016.
If you do not file Form 5471 by June 15, the tax you owe will be reduced by any tax paid in a prior year.
Am I required to file additional income tax return?
You are required to file a return for the year of the transaction.
Does Form 5471 keep track of dividends?
No. See the Instructions for Form 5471, later.
Can I use Form 5471 to report gains associated with a tax loss carry forward?
If you have a loss that is allowable as a deduction for the year of receipt, see chapter 4 of Pub. 535, Capital Losses, for the instructions for line 21 of Form 5471 that will take you to the instructions for Part IV (Form 5471, Tax Withheld on Disposition of Personal Property) for the period associated with that loss.
Am I required to file an amended return under the AMT by the deadline?
No. See the Instructions for Form 5471, later, for information on filing an amended return or Form 3949, and see section 6010(a)(1) for information on requesting an additional extension.
Is Form 5471 required to be filed by each individual listed on the return?
No. The instructions for Form 706, Schedule A (Form 8829), and Form 707, Schedule A (Form 8829-S) explain in more detail what you must do if you are a United States entity and have an estimated taxable income on a consolidated return that includes income from multiple sources for the year of payment and for which Form 5471 was filed on line 21 of your return.
Can I create my own Form 5471?
No! Form 5471 is part of the U.S.-Mexico Border Security Partnership (US-MIP). It is a comprehensive border security strategy that includes a comprehensive plan that includes, among other things, immigration enforcement strategies, human capital recruitment and retention strategies, and security intelligence and information systems.
What does the Form 5471 cover?
The form is divided into several important areas:
Employment of U.S. Citizen and Lawful Permanent Resident Employees and Their Dependents
Employment of Legal Permanent Resident Household Members
Dependents in Removal Proceedings
Migration of Foreign Nationals and Non-Immigrants
Evaluation of Alien Application for U.S. Citizenship
Determination of Eligibility for Naturalization
The most important parts of Form 5471 are the following:
How Do I Request Form 5471?
It is important to fill out and submit Form 5471 as early as possible in your employment with U.S. Citizenship and Immigration Services (USCIS) and as early as possible in your application process for naturalization. In some cases, the form may be submitted up to the time of your interview. In all cases, you should submit Form 5471 using a paper application only.
Do all applicants have to complete Form 5471?
Yes. Applicants who do not submit Form 5471 must submit a letter indicating that they have completed it. Form 5471 cannot be used for any other purposes than to make an appointment with a USCIS employee. Any applicant who does not submit Form 5471 is presumed to have not completed it and is subject to deportation and possible criminal prosecution.
What is on my Form 5471?
Your form covers a variety of topics. Each topic will be broken down into an area for more detailed information. It is important to understand the general guidelines when making your appointment.
What is an employer or an applicant not required to do and what about applicants who don't have a U.S. employer?
Employers and applicants who do not have a U.S. employer, such as a non U.S. citizen, foreign national or other non-United States resident alien, are not required to complete the form. Applicants should send a sworn copy of their immigration interview letter or an official copy of their Naturalization Document to their USCIS officer as soon as possible after their interview.
What should I do with Form 5471 when it’s complete?
In addition to your application, if you have completed Form 5471 but you have-not heard from the IRS about when your eligible to pay taxes, the IRS can informally give you a time frame for filing. The IRS has a toll-free number that allows people to speak to a representative and is available 24/7, at. The IRS has a website, so people can get answers to their questions. If you have-not heard from the IRS by the end of your time frame, you should contact the IRS.
How do I get my Form 5471?
You may obtain a Form 5471 by emailing the IRS at or by calling (toll-free from the U.S. and Canada) or 611 from the worldwide. Your Form 5471 is not needed to amend your tax return. Form 5471 will be mailed to you, and you will have 5 business days to file it. We cannot serve you with a Form 5471 if you do not file your return because you did not file. When will my Form 5471 be mailed? Your Form 5471 will be mailed within 5 business days after Form 1040 is filed. If you expect to file many returns, you may have to file Form 1040(S) and Form 4510 and then amend each subsequent return you make.
When will I have to file Form 1040, Form 1040A and Form 1040EZ? Form 1040, Form 1040A and Form 1040EZ are filed either on or before April 15 of the year due to the way I file my income tax returns for the year.
How much will I receive back for filing Form 5471? The total amount paid to the IRS will be approximately 100.00. If you expect to file many returns, you may have to file Form 1040(S) and Form 1540 and then amend each subsequent return you make. How much of my return can be amended on Form 1540? If you expect to file multiple income tax returns, it may be most efficient to amend on Form 1540 every return. For example, you need to file a Schedule A, Part I, Schedule J, Form W-2 and U.S. Treasury bill or other form of payment with no more than three attachments. All of those income tax statements would need to be attached to your Form 1540 electronically via e-filer. How long does it take to mail my Forms 5471 to the IRS? The IRS staff has a large processing capacity. Your forms will be processed within about 15 business days. If you do not receive any email notification of the mail, you should email your Form 5471 to My Form 5471 has already been mailed, and I have not received anything from IRS. What should I do? If you sent Form 5471 by mail, it is due to arrive no later than 5 business days after you filed your return on time.
What documents do I need to attach to my Form 5471?
You must attach documents to your Form 5471 in the following order and on the pages that correspond to the documents they are to describe:
Name and address of the person for whom you are filing a return
Name of the person to whom the return is to be sent, if different from the person who will receive it, if the person to whom the return is to be sent is an individual
Person's Social Security number or taxpayer identification number, if available
Name/TIN, and tax identification number, if there is more than one person on the return
Form 1040 (or 1040A)
DID, if more than one person, or line 17
Payee's TIN, or line 1
Taxpayer Identification Number (TIN), if more than one person, or line 17
DID and tax identification number, if both persons are listed
Payee's Social Security number or taxpayer identification number, if the TIN does not match the number listed on the return
The Form 5471, Payment of Taxes by Individual to Individual (Form 5471-SIM) must be attached to the Form 1040 (or 1040A) by the individual who is filing the return.
What are the different types of Form 5471?
Form 5471 is a Federal tax return that is sent electronically to the Internal Revenue Service. Each form has a distinct purpose.
Tax return: Form 5471 is used to request and pay taxes and reports. This form also includes:
Information returns:
If you owe income tax or withholding taxes, you must complete Form 5471 if the payments are due to the Internal Revenue Service.
If you do not owe any tax withholding, but you wish to update your income and withholding information with your employer (for example, to change your withholding from zero to 100 percent), you must complete and submit Form 5471.
Statement: If you are unable to complete Form 5471 and file an original return, you can sign, “Attaching an original statement to your return.” The statement must be signed on paper before delivery.
Opinion:
It is up to the taxpayer to prepare Form 1040A if necessary — e-filing was not designed for the purpose of reporting income tax. You must complete Form 1040A only if:
You owe taxes and are asking your employer to issue a “deferral”. Furthermore, you still owe it, but your employer agrees to give you a “deferral” instead of a refund,
You owe income taxes. Your employer will have to sign Form 1040A stating that you owe the IRS. You must send this form to the IRS.
If you are filing your return and the IRS requests a copy of it — as it may have received one with your tax return — you cannot give the IRS the original return; instead, you will have to make copies of the original return. You should keep a copy of the original.
If you have a business, the IRS must not obtain copies of your Form 1040.
If you don't owe taxes, but you want an opinion, it must be provided before you file the return. When the IRS has requested an opinion, it can give information to you about your situation, including:
How much we owe you,
The date of your most recent tax return, and
Amounts withheld by your employer.
An opinion for a single year is called a “Statement Opinions for Small Business and Individual Filers” and it can be signed on a piece of paper or attached to a paper copy of your return if there are no other documents.
How many people fill out Form 5471 each year?
The number of people who fill out Form 5471 is low and fluctuates each year. The U.S. Citizenship and Immigration Services (USCIS), the federal agency that collects the tax returns of immigrants and naturalized citizens, does not have a specific way to track the numbers of immigrants who fill out Form 5471.
What's the penalty for not filing Form 5471 each year?
According to section 1352 of the Internal Revenue Code, a criminal conviction for any offense involving income tax returns is grounds for deportation or loss of citizenship. A conviction for a misdemeanor may result in a penalty of up to 10,000, or an immigrant could spend up to six months in jail for each offense.
Can I get a copy of my Form 5471 tax return?
Yes, you may check with your local USCIS field office to confirm whether you are entitled to a copy of your tax return. You may also look it up on the USCIS website.
What happens if I get a Form 5471 tax return with errors?
When you file a fraudulent tax return and the fraud is detected or noticed by the USCIS, all of your documents and other information need to be verified. If your information is wrong, it means the fraudster got your tax return before you did. It may also mean that the fraudster used your tax return to get another person in the United States (e.g., family members, employers, or aliens seeking permanent resident status and/or citizenship). Once the verification is completed, the USCIS can forward the erroneous information to the federal prosecuting authorities to help their investigations.
Are there special requirements for filing a fraudulent tax return?
No. You could file any illegal document that is not subject to the penalties for filing a false document. If you are a resident of a foreign country or territory (e.g., Switzerland), you can be prosecuted for filing a false tax return or for failing to file a U.S. tax return. If you are unable to pay any tax due, you may be able to avoid the consequences of applying for a refund.
A Form 5471 is not a legal document. However, it can help the USCIS in determining whether you have income and to make sure that you are paying all the taxes that you are required to pay under the laws of the country where you are living.
Is there a due date for Form 5471?
We hope to have our Form 5471 for 2017 complete by the end of February 2017. If there is not a due date for either the Form 5471 or the form we will return to your income taxes, we will inform you the next due date by mail. You will be told the number, due date, and expected date of the return by mail, if that is your next scheduled monthly payment. If you have already paid by cash or check the first payment is made, the balance to be paid when we get the new Form 5471 will be the amount that remains. The new Form 5471 is due by April 15, 2017.
What will happen if I do not make a Form 5471 payment by April 15, 2017? There is no liability to repay your tax liability.