Form 8858-2025

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2021 4.8 Satisfied (67 Votes)
2020 4.2 Satisfied (53 Votes)
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You are required to file Form 8858 along with Schedule M (Form 5471) if you are a US citizen who during an annual accounting period or tax year does either of the following: Owns FDE for tax purposes, Operates an FB (foreign branch), Owns interest in entities that are tax owners of FDE or FBs.
Form 8858 is used by certain U.S. persons that operate an FB or own an FDE directly or, in certain circumstances, indirectly or constructively. See U.S. Person Filing Form 8858, later. The form and schedules are used to satisfy the reporting requirements of sections 6011, 6012, 6031, and 6038, and related regulations.
However, those foreign entities that have limited liability would be treated as a corporation and, therefore, would have to file form 5471. But if the corporation makes an election, it would be filing form 8858 instead of form 5471.
Failing to file Form 8858 when required can lead to severe penalties: If the form is not filed on time, there will be a base penalty of $10,000 per year, per company.
Form 8858 is the Information Return of U.S. Persons with Respect to Foreign Disregarded Entities. This means that anyone who has business assets outside of the U.S. but is a U.S. citizen or using a Green Card, will need to file this form to declare their business finances alongside their Federal Tax Return.
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To put it simply, if you are a U.S. citizen or resident and you own a Foreign Disregarded Entity (FDE) or a Foreign Branch (FB) that generates rental income, youre obligated to file Form 8858.

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