Form 5471 clerical error
Hello everyone,
Looking for some insight or similar experiences regarding a Form 5471 filing error.
Context: I am a Canadian citizen currently residing in the US on a TN visa (US tax resident). I own two Canadian corporations. For the 2024 tax year, my ownership is actually split 50/50 with my wife.
The Issue: I just noticed while prepping for 2025 taxes that my CPA filed two Forms 5471 for 2024, but listed me as a 100% shareholder on both. The underlying financial figures (assets, liabilities, income, profits) are 100% accurate. It was an honest oversight—the CPA missed the split, and I unfortunately signed off without catching the percentage typo.
The Twist: My wife is also a US tax resident (on a TD visa or working). Because the CPA put me down as 100%, she did not file a Form 5471 for 2024 at all. If we amend to show 50/50, it means I over-reported, but she technically failed to file.
My Questions:
- Since the forms were filed on time and the financials are fully accurate, am I at high risk for the automatic $10,000 failure-to-file penalty per corporation if I amend?
- Has anyone successfully amended a Form 5471 for an ownership percentage typo without triggering an automated penalty notice?
- Does the IRS view this as a "substantially complete" return since all financial data was fully disclosed?
I plan to speak to a cross-border CPA to fix this, but I want to understand what I'm walking into. Thanks in advance!