Instructions For Form 8858 (2010) - Internal Revenue Service

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Department of the Treasury
Instructions for Form 8858
Internal Revenue Service
(Rev. January 2010)
(Use with the December 2008 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
Partnership (CFP) That is a Tax Owner
Section references are to the Internal
Definitions
of an FDE at any time during the CFP’s
Revenue Code unless otherwise noted.
annual accounting period:
U.S. person
What’s New
A U.S. person is:
Category 1 filers of Form 8865.
Complete the entire Form 8858 and the
A citizen or resident alien of the United
separate Schedule M (Form 8858).
See Electronic FiIing of Form 8858 on
States (see Pub. 519, U.S. Tax Guide for
page 2 for revised instructions for filing
Aliens, for guidance on determining
Category 2 filers of Form 8865.
Form 8858 electronically with Form 1065.
resident alien status),
Complete only the identifying information
A domestic partnership,
on page 1 of Form 8858 (i.e., everything
General Instructions
A domestic corporation,
above Schedule C) and Schedules G and
Any estate (other than a foreign estate,
H on page 2 of Form 8858. Do not
within the meaning of section
Purpose of Form
complete the separate Schedule M (Form
7701(a)(31)(A)), and
8858). You are not required to complete
Form 8858 is used by certain U.S.
Any domestic trust.
Form 8858 if there is a Category 1 filer of
persons that own a foreign disregarded
A domestic trust is any trust if:
Form 8865 that completes the entire
entity (FDE) directly or, in certain
1. A court within the United States is
Form 8858 and separate Schedule M
circumstances, indirectly or
able to exercise primary supervision over
(Form 8858) with respect to the FDE.
constructively. See U.S. Person Filing
the administration of the trust and
Form 8858 below. The form and
Note. Complete a separate Form 8858
2. One or more U.S. persons have the
schedules are used to satisfy the
authority to control all substantial
and all applicable schedules for each
reporting requirements of sections 6011,
decisions of the trust.
FDE.
6012, 6031, and 6038, and related
regulations.
U.S. Person Filing Form 8858
Exceptions To Filing Form 8858
Who Must File
The U.S. person filing Form 8858 is any
U.S. person that:
The following U.S. persons that are tax
Multiple filers of the same information.
Is the tax owner of an FDE.
owners of FDEs (see definitions below),
In the case of category 4 or 5 filers of
Owns a specified interest in an FDE
or that own certain interests in foreign tax
Form 5471 or category 1 filers of Form
indirectly or constructively through a CFC
owners of FDEs, must file Form 8858.
8865 who are also required to file Form
or a CFP. See items 2 and 3 of Who Must
8858, one person may file Form 8858 and
1. U.S. Persons That Are Tax Owners
File above for more detailed information.
Schedule M (Form 8858), if applicable, for
of FDEs at any time during the U.S.
other persons who have the same filing
Throughout these instructions, when
person’s taxable year or annual
the pronouns “you” and “your” are used,
requirements with respect to both Form
accounting period. Complete the entire
they are used in reference to the U.S.
8858 and Form 5471 or Form 8865. If you
Form 8858, but do not complete the
person filing Form 8858.
and one or more other persons are
separate Schedule M (Form 8858),
required to furnish information for the
Transactions Between Foreign
Foreign Disregarded Entity
same FDE for the same period, this
Disregarded Entity of a Foreign Tax
(FDE)
information may be included with or
Owner and the Filer or Other Related
attached to, and filed in the same manner
Entities.
An FDE is an entity that is not created or
as, the multiple filer information provided
organized in the United States and that is
2. Certain U.S. Persons That Are
with respect to the CFC or the CFP. See
disregarded as an entity separate from its
Required To File Form 5471 With
Multiple filers of same information in the
owner for U.S. income tax purposes
Respect To a Controlled Foreign
Form 5471 instructions or Multiple
under Regulations sections 301.7701-2
Corporation (CFC) That is a Tax Owner
Category 1 filers in the Form 8865
and 301.7701-3. See the instructions for
of an FDE at any time during the CFC’s
instructions.
Form 8832, Entity Classification Election,
annual accounting period:
for more information.
Category 4 filers of Form 5471.
When and Where to File
Complete the entire Form 8858 and the
An eligible entity uses Form 8832 to
separate Schedule M (Form 8858).
elect how it will be classified for federal
Form 8858 is due when your income tax
tax purposes. A copy of Form 8832 is
Category 5 filers of Form 5471.
return or information return is due,
attached to entity’s federal tax return for
Complete only the identifying information
including extensions. If you are the tax
the tax year of the election; however,
on page 1 of Form 8858 (i.e., everything
owner of the FDE, attach Form 8858 and
special rules apply if the entity is not
above Schedule C) and Schedules G and
the separate Schedule M (Form 8858), if
required to file a tax return. For more
H on page 2 of Form 8858. Do not
required, to your income tax return or
information, see Where To File in the
complete the separate Schedule M (Form
information return. If you are not the tax
instructions for Form 8832.
8858).
owner of the FDE, attach Form 8858 to
any Form 5471 or Form 8865 you are
Note. New rules, effective September
3. Certain U.S. Persons That Are
filing with respect to the CFC or the CFP
28, 2009, allow an eligible entity to
Required To File Form 8865 With
Respect To a Controlled Foreign
that is the tax owner of the FDE.
request a late entity classification
Cat. No. 38123Q

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