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The term foreign branch means any office or place of business located outside the United States, its territories, Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, or the Virgin Islands, at which banking operations are conducted.
However, due to the changes implemented through the 2017 tax reform reconciliation act, commonly referred to as the Tax Cuts and Jobs Act (TCJA), US tax owners operating FBs must also file Forms 8858 starting in 2018.
You will need to file Form 8858 if you are the owner of a foreign entity that is considered a disregarded entity for US income tax purposes. To elect to classify your business as a disregarded entity, you will want to complete Form 8832: Entity Classification Election and file this with the IRS.
0:01 14:27 How to Fill Out IRS Form 8858 - Foreign Disregarded Entity - YouTube YouTube Start of suggested clip End of suggested clip Um when that u.s person owns stock so equity in a foreign entity. And that foreign entity is treatedMoreUm when that u.s person owns stock so equity in a foreign entity. And that foreign entity is treated as a disregarded entity for federal tax purposes. Or its operating a foreign branch.
Purpose of Form Form 8858 is used by certain U.S. persons that operate an FB (foreign branch) or own an FDE (foreign disregarded entity) directly or, in certain circumstances, indirectly or constructively.
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What Is a Foreign Disregarded Entity? A foreign disregarded entity is any non-US business entity that is disregarded for tax purposes. In this case, disregarded means that the business itself is not taxed.
Foreign Disregarded Entity (FDE) 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 U.S. income tax purposes under Regulations sections 301.7701-2 and 301.7701-3.
You will need to file Form 8858 if you are the owner of a foreign entity that is considered a disregarded entity for US income tax purposes. To elect to classify your business as a disregarded entity, you will want to complete Form 8832: Entity Classification Election and file this with the IRS.
Foreign Disregarded Entity (FDE) 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 U.S. income tax purposes under Regulations sections 301.7701-2 and 301.7701-3.
A U.S. corporation (other than a RIC, a REIT, or an S corporation) that is a partner in a U.S. partnership, which is required to file a Form 8858 because the U.S. partnership is the tax owner of an FDE or an FB.

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