Instructions For Form 8858 Sheet printable pdf download

Department of the Treasury

Instructions for Form 8858

Internal Revenue Service

(Rev. December 2007)

Information Return of U.S. Persons

With Respect To Foreign Disregarded Entities

Section references are to the Internal

above Schedule C) and Schedules G and

A domestic trust is any trust if:

H on page 2 of Form 8858. Do not

Revenue Code unless otherwise noted.

1. A court within the United States is

complete the separate Schedule M. You

able to exercise primary supervision over

General Instructions

are not required to complete Form 8858 if

the administration of the trust and

there is a Category 1 filer of Form 8865

2. One or more U.S. persons have the

that completes the entire Form 8858 and

What’s New

authority to control all substantial

separate Schedule M with respect to the

decisions of the trust.

Final Regulations regarding the dual

FDE.

consolidated loss rules have been issued.

U.S. Person Filing Form 8858

Note. Complete a separate Form 8858

See Regulations section 1.1503(d)-1

The U.S. person filing Form 8858 is any

and all applicable schedules for each

through 8 for more information.

U.S. person that:

FDE.

•

Is the tax owner of an FDE.

Purpose of Form

•

Owns a specified interest in an FDE

Form 8858 is used by certain U.S.

Exceptions To Filing Form 8858

indirectly or constructively through a CFC

persons that own a foreign disregarded

or a CFP. See items 2 and 3 of Who Must

Multiple filers of the same information.

entity (FDE) directly or, in certain

File above for more detailed information.

In the case of category 4 or 5 filers of

circumstances, indirectly or

Throughout these instructions, when

Form 5471 or category 1 filers of Form

constructively. See U.S. Person Filing

the pronouns “you” and “your” are used,

8865 who are also required to file Form

Form 8858 below. The form and

they are used in reference to the U.S.

8858, one person may file Form 8858 and

schedules are used to satisfy the

person filing Form 8858.

Schedule M, if applicable, for other

reporting requirements of sections 6011,

persons who have the same filing

6012, 6031, and 6038, and related

Foreign Disregarded Entity

requirements with respect to both Form

regulations.

(FDE)

8858 and Form 5471 or Form 8865. If you

An FDE is an entity that is not created or

and one or more other persons are

Who Must File

organized in the United States and that is

required to furnish information for the

The following U.S. persons that are tax

disregarded as an entity separate from its

same FDE for the same period, this

owners of FDEs (see definitions below),

owner for U.S. income tax purposes

information may be included with or

or that own certain interests in foreign tax

under Regulations sections 301.7701-2

attached to, and filed in the same manner

owners of FDEs, must file Form 8858.

and -3. See the instructions for Form

as, the multiple filer information provided

8832, Entity Classification Election, for

1. U.S. Persons That Are Tax Owners

with respect to the CFC or the CFP. See

more information.

of FDEs at any time during the U.S.

Multiple filers of same information in the

person’s taxable year or annual

Form 5471 instructions or Multiple

Tax Owner of FDE

accounting period. Complete the entire

Category 1 filers in the Form 8865

The tax owner of the FDE is the person

Form 8858, but do not complete the

instructions.

that is treated as owning the assets and

separate Schedule M.

liabilities of the FDE for purposes of U.S.

When and Where to File

2. Certain U.S. Persons That Are

income tax law.

Required To File Form 5471 With

Form 8858 is due when your income tax

Respect To a Controlled Foreign

Direct Owner of FDE

return or information return is due,

Corporation (CFC) That is a Tax Owner

including extensions. If you are the tax

The direct owner of an FDE is the legal

of an FDE at any time during the CFC’s

owner of the FDE, attach Form 8858 and

owner of the disregarded entity.

annual accounting period:

the separate Schedule M, if required, to

For example, assume A, a U.S.

Category 4 filers of Form 5471.

your income tax return or information

individual, is a 60% partner of CFP, a

Complete the entire Form 8858 and the

return. If you are not the tax owner of the

controlled foreign partnership. FDE 1 is a

separate Schedule M.

FDE, attach Form 8858 to any Form 5471

foreign disregarded entity owned by CFP,

or Form 8865 you are filing with respect

Category 5 filers of Form 5471.

and FDE 2 is a foreign disregarded entity

to the CFC or the CFP that is the tax

Complete only the identifying information

owned by FDE 1. In this example, FDE 1

owner of the FDE.

on page 1 of Form 8858 (i.e., everything

is the direct owner of FDE 2, and CFP is

above Schedule C) and Schedules G and

the direct owner of FDE 1. CFP is the tax

Definitions

H on page 2 of Form 8858. Do not

owner with respect to both FDE 1 and

complete the separate Schedule M.

FDE 2. A would be required to file the

U.S. person

Forms 8858 relating to FDE 1 and FDE 2

3. Certain U.S. Persons That Are

with the Form 8865 it files with respect to

A U.S. person is:

Required To File Form 8865 With

CFP.

Respect To a Controlled Foreign

•

A citizen or resident alien of the United

Partnership (CFP) That is a Tax Owner

States (see Pub. 519, U.S. Tax Guide for

Penalties

of an FDE at any time during the CFP’s

Aliens, for guidance on determining

annual accounting period:

resident alien status),

Failure to file information required by

•

Category 1 filers of Form 8865.

A domestic partnership,

section 6038(a) (Form 8858 and

•

Complete the entire Form 8858 and the

A domestic corporation,

Schedule M).

•

separate Schedule M.

Any estate (other than a foreign estate,

A $10,000 penalty is imposed for each

Category 2 filers of Form 8865.

within the meaning of section

annual accounting period of each CFC or

Complete only the identifying information

7701(a)(31)(A)), and

CFP for failure to furnish the required

•

on page 1 of Form 8858 (i.e., everything

Any domestic trust.

information within the time prescribed. If

Cat. No. 38123Q

Instructions For Form 8858 Sheet

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