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US Tax Guide for Expats (2019): Form 8858

Form 8858, Information Return of US Persons With Respect To Foreign Disregarded Entities

Filing Requirements

A United States person who is a direct or indirect owner of a Foreign Disregarded Entity (FDE) is required to file Form 8858. Here are the Instructions. Good luck. An FDE is an entity that is not created or organized in the United States and that is disregarded as an entity separate from its owner for US income tax purposes under Regulation sections 301.7701-2 and 301.7701-3. This form is used to satisfy the reporting requirements of IRC sections 6011, 6012, 6031, and 6038, and related regulations. If you are required to file Form 5471 as a Category 4 or Category 5 filer with respect to a controlled foreign corporation, and the controlled foreign corporation is the owner of an FDE, you are also required to file Form 8858. You are also required to file Form 8858 if you are required to file Form 8865 with respect to a controlled foreign partnership that is the owner of an FDE.

What Happens If You Don't File?

There is technically no penalty for failure to file, but the IRS might view an associated form, such as Form 5471 or Form 8865, or your income tax return, as incomplete if Form 8858 is not properly completed.

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