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Department of the Treasury

Instructions for Form 8858

Internal Revenue Service

(December 2004)

Information Return of U.S. Persons

With Respect To Foreign Disregarded Entities

Section references are to the Internal Revenue Code unless otherwise noted.

Note. Complete a separate Form 8858

If the U.S. person filing Form 8858

General Instructions

and all applicable schedules for each

owns the FDE indirectly or constructively

FDE.

through a CFC or a CFP (i.e., the CFC or

Purpose of Form

the CFP is the tax owner), the applicable

period is the period covered by Form

Form 8858 is used by certain U.S.

Exceptions To Filing Form 8858

5471 (as described in Regulations section

persons that own a foreign disregarded

Multiple filers of the same information.

1.6038-2(e)) or the period covered by

entity (FDE) directly or, in certain

In the case of category 4 or 5 filers of

Form 8865 (as described in Regulations

circumstances, indirectly or

Form 5471 or category 1 filers of Form

section 1.6038-3(f)).

constructively. See U.S. Person Filing

8865 who are also required to file Form

Form 8858 below. The form and

Example 1. U.S. Corporation X owns

8858, one person may file Form 8858 and

schedules are used to satisfy the

FDE1. Corporation X has a short taxable

Schedule M, if applicable, for other

reporting requirements of sections 6011,

year that begins on January 1, 2004, and

persons who have the same filing

6012, 6031, and 6038, and related

ends on June 30, 2004. Corporation X

requirements with respect to both Form

regulations.

does not have to file Form 8858 with

8858 and Form 5471 or Form 8865. If you

respect to FDE1 for the short taxable year

Who Must File

and one or more other persons are

(because the due date of Corporation X’s

required to furnish information for the

return, without regard to extensions, is

The following U.S. persons that are tax

same FDE for the same period, this

September 15, 2004).

owners of FDEs (see definitions below),

information may be included with or

or that own certain interests in foreign tax

Example 2. U.S. Corporation X owns

attached to, and filed in the same manner

owners of FDEs, must file Form 8858.

FDE2. Corporation X has a short taxable

as, the multiple filer information provided

year that begins on July 1, 2004, and

1. U.S. Persons That Are Tax Owners

with respect to the CFC or the CFP. See

ends on December 31, 2004. Corporation

of FDEs at any time during the U.S.

Multiple filers of same information in the

X is required to file Form 8858 with

person’s taxable year or annual

Form 5471 instructions or Multiple

respect to FDE2 for that short taxable

accounting period. Complete the entire

Category 1 filers in the Form 8865

year (because the due date of

Form 8858, but do not complete the

instructions.

Corporation X’s return, without regard to

separate Schedule M.

extensions, is March 15, 2005).

When and Where to File

2. Certain U.S. Persons That Are

Required To File Form 5471 With

Form 8858 is due when your income tax

Definitions

Respect To a Controlled Foreign

return or information return is due,

Corporation (CFC) That is a Tax Owner

including extensions. If you are the tax

U.S. person

of an FDE at any time during the CFC’s

owner of the FDE, attach Form 8858 and

A U.S. person is:

annual accounting period:

the separate Schedule M, if required, to

•

your income tax return or information

A citizen or resident alien of the United

Category 4 filers of Form 5471.

return. If you are not the tax owner of the

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

Complete the entire Form 8858 and the

FDE, attach Form 8858 to any Form 5471

Aliens, for guidance on determining

separate Schedule M.

or Form 8865 you are filing with respect

resident alien status),

Category 5 filers of Form 5471.

•

to the CFC or the CFP that is the tax

A domestic partnership,

•

Complete only the identifying information

owner of the FDE.

A domestic corporation,

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

•

Any estate (other than a foreign estate,

Effective Date

above Schedule C) and Schedules G and

within the meaning of section

H on page 2 of Form 8858. Do not

Form 8858 and Schedule M, if required,

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

complete the separate Schedule M.

•

must be filed, for the annual accounting

Any domestic trust.

period of the tax owner beginning on or

3. Certain U.S. Persons That Are

A domestic trust is any trust if:

after January 1, 2004, and for each

Required To File Form 8865 With

1. A court within the United States is

applicable annual accounting period

Respect To a Controlled Foreign

able to exercise primary supervision over

(defined below) thereafter.

Partnership (CFP) That is a Tax Owner

the administration of the trust and

of an FDE at any time during the CFP’s

Exception. For short taxable years

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

annual accounting period:

beginning in 2004, file Form 8858 only in

authority to control all substantial

cases where the due date of the filer’s

Category 1 filers of Form 8865.

decisions of the trust.

return, without regard to extensions, is on

Complete the entire Form 8858 and the

U.S. Person Filing Form 8858

or after January 31, 2005.

separate Schedule M.

The U.S. person filing Form 8858 is any

A U.S. person that is not required to

Category 2 filers of Form 8865.

U.S. person that:

file Form 8858 because of the short tax

Complete only the identifying information

•

Is the tax owner of an FDE.

year exception must attach a statement to

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

•

Owns a specified interest in an FDE

its return in lieu of Form 8858. This

above Schedule C) and Schedules G and

indirectly or constructively through a CFC

statement must list the name of the FDE,

H on page 2 of Form 8858. Do not

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

country under whose laws the FDE was

complete the separate Schedule M. You

File above for more detailed information.

organized, and EIN (if any) of the FDE.

are not required to complete Form 8858 if

there is a Category 1 filer of Form 8865

Applicable annual accounting period.

Throughout these instructions, when

that completes the entire Form 8858 and

If the U.S. person filing Form 8858 is the

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

separate Schedule M with respect to the

tax owner of the FDE, the applicable

they are used in reference to the U.S.

FDE.

period is the tax year of the U.S. person.

person filing Form 8858.

Cat. No. 38123Q

Instructions For Form 8858 - Information Return Of U.s. Persons With Respect To Foreign Disregarded Entities - 2004

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