Instructions For Form 8858 - 2011
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5Instructions for Form 8858
Department of the Treasury
Internal Revenue Service
(Rev. December 2011)
(Use with the December 2011 revision of Form 8858 and the December 2004
revision of Schedule M (Form 8858).)
Information Return of U.S. Persons
With Respect To Foreign Disregarded Entities
When and Where to File
Category 4 filers of Form 5471.
Section references are to the Internal
Complete the entire Form 8858 and the
Revenue Code unless otherwise noted.
Form 8858 is due when your income tax
separate Schedule M (Form 8858).
return or information return is due,
including extensions. If you are the tax
What’s New
Category 5 filers of Form 5471.
owner of the FDE, attach Form 8858 and
Complete only the identifying information
the separate Schedule M (Form 8858), if
•
on page 1 of Form 8858 (i.e., everything
Line 1b(2) has been added to page 1 of
required, to your income tax return or
above Schedule C) and Schedules G and
Form 8858 to request the reference ID
information return. If you are not the tax
H on page 2 of Form 8858. Do not
number of the foreign disregarded entity.
owner of the FDE, attach Form 8858 to
complete the separate Schedule M (Form
This entry space is optional for the tax
any Form 5471 or Form 8865 you are
8858).
year of foreign disregarded entity’s tax
filing with respect to the CFC or the CFP
year that begins in 2011. See the
that is the tax owner of the FDE.
3. Certain U.S. Persons That Are
instructions for line 1b(2) on page 3 for
Required To File Form 8865 With
additional information.
Definitions
Respect To a Controlled Foreign
•
The IRS has created a page on
Partnership (CFP) That is a Tax Owner
IRS.gov for information about Form 8858
U.S. Person
of an FDE at any time during the CFP’s
and its instructions at
annual accounting period:
A U.S. person is:
form8858. Information about any future
•
developments affecting Form 8858 (such
A citizen or resident alien of the United
Category 1 filers of Form 8865.
as legislation enacted after Form 8858 is
States (see Pub. 519, U.S. Tax Guide for
Complete the entire Form 8858 and the
released) will be posted on that page.
Aliens, for guidance on determining
separate Schedule M (Form 8858).
resident alien status),
•
General Instructions
Category 2 filers of Form 8865.
A domestic partnership,
•
A domestic corporation,
Complete only the identifying information
•
Any estate (other than a foreign estate,
on page 1 of Form 8858 (i.e., everything
Purpose of Form
within the meaning of section
above Schedule C) and Schedules G and
7701(a)(31)(A)), and
H on page 2 of Form 8858. Do not
Form 8858 is used by certain U.S.
•
Any domestic trust.
complete the separate Schedule M (Form
persons that own a foreign disregarded
8858). You are not required to complete
entity (FDE) directly or, in certain
A domestic trust is any trust if:
Form 8858 if there is a Category 1 filer of
circumstances, indirectly or
1. A court within the United States is
Form 8865 that completes the entire
constructively. See U.S. Person Filing
able to exercise primary supervision over
Form 8858 below. The form and
Form 8858 and separate Schedule M
the administration of the trust and
schedules are used to satisfy the
(Form 8858) with respect to the FDE.
2. One or more U.S. persons have the
reporting requirements of sections 6011,
authority to control all substantial
Note. Complete a separate Form 8858
6012, 6031, and 6038, and related
decisions of the trust.
and all applicable schedules for each
regulations.
FDE.
U.S. Person Filing Form 8858
Who Must File
The U.S. person filing Form 8858 is any
Exceptions To Filing Form 8858
The following U.S. persons that are tax
U.S. person that:
•
owners of FDEs (see definitions below),
Is the tax owner of an FDE.
Multiple filers of the same information.
•
or that own certain interests in foreign tax
Owns a specified interest in an FDE
In the case of category 4 or 5 filers of
owners of FDEs, must file Form 8858.
indirectly or constructively through a CFC
Form 5471 or category 1 filers of Form
or a CFP. See items 2 and 3 of Who Must
8865 who are also required to file Form
1. U.S. Persons That Are Tax Owners
File above for more detailed information.
8858, one person may file Form 8858 and
of FDEs at any time during the U.S.
Schedule M (Form 8858), if applicable, for
Throughout these instructions, when
person’s taxable year or annual
other persons who have the same filing
the pronouns “you” and “your” are used,
accounting period. Complete the entire
requirements with respect to both Form
they are used in reference to the U.S.
Form 8858, but do not complete the
8858 and Form 5471 or Form 8865. If you
person filing Form 8858.
separate Schedule M (Form 8858),
and one or more other persons are
Transactions Between Foreign
Foreign Disregarded Entity
required to furnish information for the
Disregarded Entity of a Foreign Tax
(FDE)
same FDE for the same period, this
Owner and the Filer or Other Related
information may be included with or
An FDE is an entity that is not created or
Entities.
attached to, and filed in the same manner
organized in the United States and that is
as, the multiple filer information provided
2. Certain U.S. Persons That Are
disregarded as an entity separate from its
Required To File Form 5471 With
with respect to the CFC or the CFP. See
owner for U.S. income tax purposes
Multiple filers of same information in the
Respect To a Controlled Foreign
under Regulations sections 301.7701-2
Corporation (CFC) That is a Tax Owner
Form 5471 instructions or Multiple
and 301.7701-3. See the instructions for
of an FDE at any time during the CFC’s
Category 1 filers in the Form 8865
Form 8832, Entity Classification Election,
annual accounting period:
instructions.
for more information.
Jan 06, 2012
Cat. No. 38123Q
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