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Department of the Treasury

Instructions for Form 8858

Internal Revenue Service

(Rev. December 2008)

Information Return of U.S. Persons

With Respect To Foreign Disregarded Entities

•

above Schedule C) and Schedules G and

Any domestic trust.

Section references are to the Internal

H on page 2 of Form 8858. Do not

Revenue Code unless otherwise noted.

A domestic trust is any trust if:

complete the separate Schedule M (Form

General Instructions

1. A court within the United States is

8858). You are not required to complete

able to exercise primary supervision over

Form 8858 if there is a Category 1 filer of

the administration of the trust and

Form 8865 that completes the entire

Purpose of Form

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

Form 8858 and separate Schedule M

authority to control all substantial

Form 8858 is used by certain U.S.

(Form 8858) with respect to the FDE.

decisions of the trust.

persons that own a foreign disregarded

Note. Complete a separate Form 8858

entity (FDE) directly or, in certain

U.S. Person Filing Form 8858

and all applicable schedules for each

circumstances, indirectly or

The U.S. person filing Form 8858 is any

FDE.

constructively. See U.S. Person Filing

U.S. person that:

Form 8858 below. The form and

•

Is the tax owner of an FDE.

schedules are used to satisfy the

Exceptions To Filing Form 8858

•

Owns a specified interest in an FDE

reporting requirements of sections 6011,

indirectly or constructively through a CFC

Multiple filers of the same information.

6012, 6031, and 6038, and related

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

In the case of category 4 or 5 filers of

regulations.

File above for more detailed information.

Form 5471 or category 1 filers of Form

Who Must File

8865 who are also required to file Form

Throughout these instructions, when

8858, one person may file Form 8858 and

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

The following U.S. persons that are tax

Schedule M (Form 8858), if applicable, for

they are used in reference to the U.S.

owners of FDEs (see definitions below),

other persons who have the same filing

person filing Form 8858.

or that own certain interests in foreign tax

requirements with respect to both Form

owners of FDEs, must file Form 8858.

Foreign Disregarded Entity

8858 and Form 5471 or Form 8865. If you

(FDE)

1. U.S. Persons That Are Tax Owners

and one or more other persons are

of FDEs at any time during the U.S.

required to furnish information for the

An FDE is an entity that is not created or

person’s taxable year or annual

same FDE for the same period, this

organized in the United States and that is

accounting period. Complete the entire

information may be included with or

disregarded as an entity separate from its

Form 8858, but do not complete the

attached to, and filed in the same manner

owner for U.S. income tax purposes

separate Schedule M (Form 8858),

as, the multiple filer information provided

under Regulations sections 301.7701-2

Transactions Between Foreign

with respect to the CFC or the CFP. See

and -3. See the instructions for Form

Disregarded Entity of a Foreign Tax

Multiple filers of same information in the

8832, Entity Classification Election, for

Owner and the Filer or Other Related

Form 5471 instructions or Multiple

more information.

Entities.

Category 1 filers in the Form 8865

Tax Owner of FDE

2. Certain U.S. Persons That Are

instructions.

The tax owner of the FDE is the person

Required To File Form 5471 With

that is treated as owning the assets and

When and Where to File

Respect To a Controlled Foreign

liabilities of the FDE for purposes of U.S.

Corporation (CFC) That is a Tax Owner

Form 8858 is due when your income tax

income tax law.

of an FDE at any time during the CFC’s

return or information return is due,

annual accounting period:

Direct Owner of FDE

including extensions. If you are the tax

Category 4 filers of Form 5471.

owner of the FDE, attach Form 8858 and

The direct owner of an FDE is the legal

Complete the entire Form 8858 and the

the separate Schedule M (Form 8858), if

owner of the disregarded entity.

separate Schedule M (Form 8858).

required, to your income tax return or

For example, assume A, a U.S.

information return. If you are not the tax

Category 5 filers of Form 5471.

individual, is a 60% partner of CFP, a

owner of the FDE, attach Form 8858 to

Complete only the identifying information

controlled foreign partnership. FDE 1 is a

any Form 5471 or Form 8865 you are

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

foreign disregarded entity owned by CFP,

filing with respect to the CFC or the CFP

above Schedule C) and Schedules G and

and FDE 2 is a foreign disregarded entity

that is the tax owner of the FDE.

H on page 2 of Form 8858. Do not

owned by FDE 1. In this example, FDE 1

complete the separate Schedule M (Form

is the direct owner of FDE 2, and CFP is

Definitions

8858).

the direct owner of FDE 1. CFP is the tax

3. Certain U.S. Persons That Are

owner with respect to both FDE 1 and

U.S. person

Required To File Form 8865 With

FDE 2. A would be required to file the

Respect To a Controlled Foreign

A U.S. person is:

Forms 8858 relating to FDE 1 and FDE 2

Partnership (CFP) That is a Tax Owner

with the Form 8865 it files with respect to

•

A citizen or resident alien of the United

of an FDE at any time during the CFP’s

CFP.

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

annual accounting period:

Aliens, for guidance on determining

Penalties

Category 1 filers of Form 8865.

resident alien status),

•

Complete the entire Form 8858 and the

A domestic partnership,

Failure to file information required by

•

separate Schedule M (Form 8858).

A domestic corporation,

section 6038(a) (Form 8858 and

•

Category 2 filers of Form 8865.

Any estate (other than a foreign estate,

Schedule M (Form 8858)).

•

Complete only the identifying information

within the meaning of section

A $10,000 penalty is imposed for each

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

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

annual accounting period of each CFC or

Cat. No. 38123Q

Instructions For Form 8858 - Information Return Of U.s. Persons With Respect To Foreign Disregarded Entities - 2008

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