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Form8865Return of U.S. Persons With Respect to Certain Foreign Partnerships2022Attach to your tax return. Go to www.irs.gov/Form8865 for instructions and the latest information. Information furnished.
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2022 us persons FAQ
Who Needs to File Form 8865? Any US person with at least 10% interest in a controlled foreign partnership must file Form 8865.
If a foreign partnership has income from the U.S., they may be required to file Form 1065 to report that U.S. income. If a foreign partnership is considered a controlled foreign partnership, certain US partners may have to file Form 8865 to report their interest in that partnership.
Form 5471 is annual informational form that generally does not result in any tax due for the taxpayer. If you are a partner in a foreign partnership, you would file a Form 8865.
Who Needs to File Form 8865? Any US person with at least 10% interest in a controlled foreign partnership must file Form 8865.
Use Form 8938 to report your specified foreign financial assets if the total value of all the specified foreign financial assets in which you have an interest is more than the appropriate reporting threshold.
A U.S. person files Form 8865 to report the information required under: Section 6038 (reporting with respect to controlled foreign partnerships). Section 6038B (reporting of transfers to foreign partnerships). Section 6046A (reporting of acquisitions, dispositions, and changes in foreign partnership interests).
Form 8865 is filed for the foreign partnership by another Category 1 filer under the multiple Category 1 filers exception. To qualify for the constructive ownership filing exception, the indirect partner must file with its income tax return a statement entitled “Controlled Foreign Partnership Reporting.”
When a person owns a percentage of a foreign partnership, they may also need to report it on Form 8938… unless they meet the threshold requirement of having to file form 8865. In that case, the individual will file a form 8865 instead of Form 8938 as to that particular interest in the foreign partnership.
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