Get Schedule A (Form 8804) Penalty For Underpayment Of Estimated Section 1446 Tax By Partnerships

Filing and submitting Form 8804 can be accomplished in two ways: electronically or on paper.

Filing Form 8804 is a simple process. All partnerships with US ECTI that can be allocated to a foreign partner must file this form, regardless of whether they had any effectively connected taxable income. In other words, Form 8804 needs to be filed even if the partnership has recorded a loss in that year.

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 ...

Purpose of Forms Use Forms 8804, 8805, and 8813 to pay and report section 1446 withholding tax based on effectively connected taxable income (ECTI) allocable to foreign partners (as defined in section 1446(e)). Use Form 8804 to report the total liability under section 1446 for the partnership's tax year.

If Form 8804 is not filed on time, the penalty is usually 5% of the unpaid tax for each month the return is late, up to a maximum of 25% of the unpaid tax.

A taxpayer who needs to file Forms 7004 for multiple form types may submit the Forms 7004 electronically. For example, taxpayers submitting one Form 7004 with "Type of Return Code" 31 for the Form 8804 and another Form 7004 with "Type of Return Code" 09 for the Form 1065 may file the Forms electronically.

Estimated tax payment safe harbor details The IRS will not charge you an underpayment penalty if: You pay at least 90% of the tax you owe for the current year, or 100% of the tax you owed for the previous tax year, or. You owe less than $1,000 in tax after subtracting withholdings and credits.

Form 8804 Penalties A penalty may be imposed for failure to file Form 8804 when due (including extensions). The penalty for not filing Form 8804 when due is usually 5% of the unpaid tax for each month or part of a month the return is late, but not more than 25% of the unpaid tax.