Get Form 8804 W

Form 8804 is required to be filed by partnerships that have ECTI allocable to foreign partners. This includes both U.S. and foreign partnerships that engage in a trade or business within the United States.

U.S. persons with a significant interest in a foreign partnership are required to file Form 8865. This includes those who: Control the foreign partnership (Category 1). Own a substantial interest in a partnership controlled by U.S. persons (Category 2).

What Is Form 8805? Form 8805 reports the amount of ECI allocated to a foreign partner. The partnership must send a completed copy of this form to all foreign partners involved, even if no withholding tax is paid.

Under IRC section 1446(f)(1), a transferee of an interest in a partnership must withhold 10% of the amount realized on the disposition of an interest in a partnership if any portion of the gain (if any) on the disposition would be treated under IRC section 864(c)(8) as effectively connected with the conduct of a trade ...

Form 8804 is required to be filed by partnerships that have ECTI allocable to foreign partners. This includes both U.S. and foreign partnerships that engage in a trade or business within the United States.

A foreign person includes a nonresident alien individual, foreign corporation, foreign partnership, foreign trust, foreign estate, and any other person that is not a U.S. person. It also includes a foreign branch of a U.S. financial institution if the foreign branch is a qualified intermediary.

Form 8804 is also a transmittal form for Forms 8805. Any additional withholding tax owed for the partnership's tax year is paid (in U. S. currency) with Form 8804. A Form 8805 for each foreign partner must be attached to Form 8804, whether or not any withholding tax was paid.

Purpose of Form Partnerships that have effectively connected taxable income (ECTI) allocable to foreign partners can use the Form 8804-W (WORKSHEET) to determine the proper estimated section 1446 tax payments.