2. The Requirements of Form 8804

Form 8804 is required to be filed by partnerships or LLCs that have effectively connected income during the tax year and have made distributions to foreign partners or members.

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3. Who Needs to File Form 8804?

Partnerships and LLCs engaged in a trade or business in the United States that have foreign partners or members need to file Form 8804. Additionally, they must have made reportable transactions during the tax year.

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4. What are Reportable Transactions?

Reportable transactions are distributions of effectively connected income to foreign partners or members. The income must be connected with the partnership's or LLC's trade or business activities in the United States. These reportable transactions trigger the need to file Form 8804.

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5. When to File Form 8804?

Form 8804 is due annually and must be filed by the 15th day of the 3rd month following the close of the tax year. For example, if the partnership's tax year ends on December 31st, the form is due by March 15th of the following year. An extension of up to 6 months can be requested using Form 7004, which must also be filed by the original due date.

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6. How to Fill Out Form 8804?

Form 8804 consists of several sections:

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a. Part I - Partnership's Information: Provide the partnership's name, address, employer identification number (EIN), and the tax year to which the form applies.

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b. Part II - Withholding Agent's Information: Provide information about the withholding agent (if applicable) responsible for withholding taxes on foreign partners' distributive share of effectively connected income.

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c. Part III - Section 1446 Tax Withheld: Report the total amount of tax withheld under Section 1446 on effectively connected income distributed to foreign partners.

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d. Part IV - Section 1446 Tax Paid: Report the total amount of tax already paid on behalf of foreign partners.

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e. Part V - Section 1446 Tax Due: Calculate the tax due on the effectively connected income distributed to foreign partners.

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f. Part VI - Recapitulation: Summarize the amounts from Parts III to V.

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g. Part VII - Signature: The form must be signed by an authorized person.

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7. Download Form 8804

You can download Form 8804 from the IRS website (www.irs.gov) by navigating to the "Forms & Instructions" section and searching for "Form 8804."​

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Note: Make sure this is the latest version of the form!

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Current Revision

Form 8804 PDF

Instructions for Forms 8804, 8805 and 8813 (Print VersionPDF)

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The form is available in both PDF and fillable formats. You can choose the format that best suits your needs. 

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If you are filing Form 8804 electronically, you will need to download the fillable format. You can then complete the form on your computer and electronically file it with the IRS.

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If you are filing Form 8804 by mail, you can download the PDF format. You will then need to print out the form and complete it by hand.

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8. IRS.gov: Instructions for Form 8804

The IRS provides detailed instructions for filling out Form 8804. You can access these instructions on the IRS website (www.irs.gov) alongside the downloadable form.

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Here are some links to the instructions for Form 8804:​

Instructions for Forms 8804, 8805 and 8813 (Print VersionPDF)

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9. Penalties for Non-Compliance

Failure to file Form 8804 or filing it late can result in penalties. The penalties are based on the number of days the form is late, with increasing penalties for each additional month of non-compliance. Additionally, penalties may apply for inaccuracies or underreporting of taxes. It's crucial to file the form accurately and on time to avoid potential penalties.

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Please note that tax laws and regulations can be complex, especially for non-US residents, and it is advisable to seek the assistance of a qualified CPA or tax attorney to ensure compliance with all relevant tax requirements and avoid potential issues.

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10. Seek Professional Assistance:

Given the complexities and potential implications of Form 8804, non-US residents with foreign-owned corporations operating in the United States are strongly advised to seek assistance from a qualified tax professional or tax attorney.

 

They can help ensure compliance with all tax obligations and provide valuable guidance on tax planning and reporting requirements.

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Please note that tax laws and regulations can change over time, so it's crucial to verify the most up-to-date information with the IRS or a qualified tax professional before proceeding with any tax-related matters.

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As an AI language model, my responses are generated based on a mixture of licensed data, data created by human trainers, and publicly available data. I have not been directly trained on specific tax forms like Form 1065, but I have been trained on a diverse range of data, including websites, articles, books, and other texts, to develop a broad understanding of various topics. My responses are generated in real-time and are based on this general knowledge.

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It's important to note that while I strive to provide accurate and up-to-date information, my responses may not always reflect the most current tax regulations or changes in the law. Tax laws and regulations can vary by jurisdiction and are subject to frequent updates. Therefore, it is always a good idea to consult with a qualified tax professional or refer to official IRS resources for the most current and accurate information regarding tax matters.

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For specific tax-related questions or advice, it is best to rely on information from authoritative sources, such as the Internal Revenue Service (IRS) publications, tax law experts, or licensed tax professionals, who can provide advice tailored to individual circumstances.

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