About Form 8804, Annual Return for Partnership WithholdingAbout Form 8804, Annual Return for Partnership WithholdingFederal Form 8804 (Annual Return for PartnershipFederal Form 8804 (Annual Return for Partnership-2026

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  1. Click ‘Get Form’ to open it in the editor.
  2. Begin with Part I by entering the partnership's name and U.S. employer identification number (EIN). Fill in the address details accurately, including city, state, and ZIP code.
  3. In Part II, provide information about the withholding agent. If the partnership is also the withholding agent, simply enter 'SAME' and skip additional fields.
  4. Proceed to Part III where you will detail tax liabilities and payments. Carefully input numbers of foreign partners and attached forms as required.
  5. Complete calculations for gross section 1446 tax liability in line 5. Ensure all relevant amounts are added correctly.
  6. Finally, review your entries for accuracy before signing at the bottom of the form. Ensure all necessary attachments are included.

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Every partnership that has the ECTI allocable to a foreign partner must file a Form 8804 with the IRS. The partnership must also send the IRS a Form 8805 for each foreign partner on whose behalf the partnership paid I.R.C. 1446 withholding tax and provide a copy to the foreign partner.
Form 8804-C is used by a foreign partner who chooses to provide to a partnership a certification under Regulations section 1.1446-6 to reduce or eliminate the partnerships withholding tax obligation under section 1446 (1446 tax) on the partners allocable share of effectively connected taxable income (ECTI) from the
Partnerships use IRS Form 8804, Annual Return for Partnership Withholding Tax (Section 1446), to report the total amount of withholding tax they are liable for under Section 1446. This form is filed annually and summarizes the total withholding obligation for all foreign partners in the partnership.
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. The penalty will not apply if the partnership can show reasonable cause for filing late.
Forms 8804 and 8805 serve a parallel reporting function to Forms 1042 and 1042-S, but while Forms 1042/1042-S are generally used for passive income, Forms 8804/8805 specifically cover the reporting of the ECI allocable to foreign partners and associated withholding.

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Every partnership (other than a publicly traded partnership (PTP)) that has effectively connected gross income allocable to a foreign partner must file a Form 8804, regardless of whether it had ECTI allocable to a foreign partner.
Non-US individuals who receive certain types of income from US sourcessuch as interest, dividends, rents, royalties, and certain other types of incomeneed to fill out the W-8 BEN. The form is used to claim any applicable tax treaty benefits and to verify that the individual is not a US resident for tax purposes.