Instructions For Forms 8804, 8805, And 8813 (2015) (Page 7 of 8) in pdf

on line 1a and therefore exempt from

partner, enter -0- on line 10. See Form

Form 1040NR. A foreign trust or estate

section 1446 withholding because the

8804-C, Part III.

must attach to the Form 1040NR it files

income is exempt from U.S. tax for that

any Form(s) 8805 it receives, and

Attachments

foreign partner by a treaty, reciprocal

copies of the Form(s) 8805 it must

The partnership is required to attach to

exemption, or a provision of the Internal

furnish to its beneficiaries with the

Form 8805 the computation described

Revenue Code.

Schedule(s) T completed.

in the first paragraph of these line 10

Line 9

Line 11c

instructions. Furthermore, if the total

Enter the partnership ECTI allocable to

section 1446 withholding tax paid for a

See Address, earlier.

the foreign partner (before considering

partner has been reduced as a result of

Line 12

any state and local income tax reduction

the state and local income tax reduction

permitted under Regulations section

Enter the amount of ECTI on line 9 to be

1.1446-6(c)(1)(iii) or any reduction

1.1446-6(c)(1)(iii) or as a result of

included in the beneficiary's gross

amounts resulting from certified

relying in whole or in part on a partner's

income. The foreign trust or estate must

partner-level items received from

Form 8804-C, then the documentation

provide a statement to each of its

foreign partners using Form 8804-C).

described below must also be attached

beneficiaries that lists each income type

to the Form 8805 for that partner.

of ECTI included on line 12. The income

The partnership must provide a

If the total section 1446 withholding

types of ECTI that may be included on

statement (generally, Schedule K-1

tax paid for the partner has been

line 12 are:

(Form 1065)) to the foreign partner that

reduced because the partnership relied

Total ECTI allocable to corporate

lists each income type of ECTI included

on a Form 8804-C, attach that Form

beneficiaries,

on line 9. The income types of ECTI that

8804-C to the partner's Form 8805.

Total ECTI allocable to non-corporate

may be included on line 9 are:

A computation of the tax due relating

beneficiaries (other than the specific

Total ECTI allocable to corporate

to the partner if any Forms 8804-C were

types of income listed below),

partners,

relied on. See Regulations section

28% rate gains (non-corporate

Total ECTI allocable to non-corporate

1.1446-6(d)(3)(i).

beneficiaries only),

partners (other than the specific types of

If the total section 1446 withholding

Unrecaptured section 1250 gains

income listed below),

tax paid for the partner has been

(non-corporate beneficiaries only), and

28% rate gains (non-corporate

reduced based on the state and local

Adjusted net capital gain (including

partners only),

income tax reduction permitted under

qualified dividend income and net

Unrecaptured section 1250 gains

Regulations section 1.1446-6(c)(1)(iii),

section 1231 gains) (non-corporate

(non-corporate partners only), and

attach a computation of the tax due.

beneficiaries only).

Adjusted net capital gain (including

Line 13

Note. With respect to the last two

qualified dividend income and net

bulleted items, a statement showing one

section 1231 gains) (non-corporate

To determine the total tax credit allowed

computation for both items is permitted.

partners only).

to a beneficiary under section 1446,

multiply each type of ECTI on line 12 by

A partnership must attach all

The partnership must also provide

the applicable percentage (see

applicable items referred to

any additional information to foreign

definition, earlier).

above to reduce its section

partners that they may reasonably need

CAUTION

1446 withholding tax due by either of

to complete Schedule P (Form 1120-F).

Form 8813

the reductions referred to above.

Line 10

Line 1

Schedule T—Beneficiary

To calculate the total tax credit allowed

A partnership without a U.S. EIN must

Information

to a foreign partner under section 1446,

obtain one and must pay any section

subtract from each type of ECTI

If the foreign partner is a foreign trust or

1446 withholding tax due. If the

allocable to the foreign partner the

estate, the foreign trust or estate must

partnership has not received an EIN by

amount of any state and local income

provide to each of its beneficiaries a

the time it files Form 8813, indicate on

tax reduction permitted under

copy of the Form 8805 furnished by the

line 1 of Form 8813 the date the

Regulations section 1.1446-6(c)(1)(iii)

partnership. In addition, the foreign trust

partnership applied for its EIN. On

and any reduction amounts resulting

or estate must complete Schedule T for

receipt of its EIN, the partnership must

from certified partner-level items

each of its beneficiaries and must

immediately send that number to the

received from foreign partners, using

provide that Schedule T information to

IRS using the address as shown in

Form 8804-C, that the partnership

each beneficiary.

Where To File, earlier. Failure to provide

considered in determining that partner's

an EIN may delay processing of

The foreign trust or estate may

portion of the section 1446 withholding

payments on behalf of the partners.

provide all of the information listed in the

tax due. Then multiply each net amount

previous paragraph on a single Form

Line 2

by the applicable percentage (see

8805 for each of its beneficiaries. In this

definition, earlier). Finally, total the

See

Amount of each installment

case, the information provided in boxes

resulting amounts.

payment of withholding

tax, earlier, for

1a through 10 will be the same for all of

information on calculating the amount of

the beneficiaries, but the information

Note. If the partnership relied on a

the payment.

provided on Schedule T may vary from

certificate the partner submitted under

Line 3

beneficiary to beneficiary, depending on

Regulations section 1.1446-6(c)(1)(ii) to

the ownership interests of the

determine that the partnership is not

See Address, earlier.

respective beneficiaries.

required to pay any section 1446

withholding tax with respect to that

Instructions for Forms 8804, 8805, and 8813 (2015)

Instructions For Forms 8804, 8805, And 8813 (2015) Page 7

Related Articles

Related forms

Related Categories