“When should the US company file the Form 5471? 2009 year end or 2011 year end?”--->US citizens or US residents Under either US Tax Law or US INS Rules(for tax purposes, I mean), as officers, directors, or shareholders in certain foreign corporations, use Form 5471.I guess the US company needs to file the Form 5471 for 2009 as category 2 filer; a U.S. citizen or resident who is an officer or director of a foreign corporation in which the U.S. person has acquired Stock which meets the 10% stock ownership requirement with respect to the foreign corporation or a U.S. person has acquired stock in a foreign corporation when that person has an unqualified right to receive the stock even though the stock is not actually issued.The stock ownership threshold is met if a U.S. person owns 10% or more of the total value of the foreign corporation’s stock or 10% or more of the total combined voting power of all classes of stock with voting rights. US person means citizen or resident of the United States, a domestic partnership, a domestic corporation, and an estate or trust that is not a foreign estate or trust. |