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The foreign partner is generally considered to be engaged in a U.S. trade or business based on its ownership of an interest in a U.S. partnership. A foreign partner that is a nonresident individual must file a U.S. tax return on the Form 1040NR to report the share of partnership income from the Schedule K-1.
A foreign partnership is any partnership (including an entity classified as a partnership) that is not organized under the laws of any state of the United States or the District of Columbia or any partnership that is treated as foreign under the income tax regulations.
A partnership (foreign or domestic) that has income effectively connected with a U.S. trade or business (or income treated as effectively connected) must pay a withholding tax on the effectively connected taxable income that is allocable to its foreign partners.
If a foreign partnership has income from the U.S., they may be required to file Form 1065 to report that U.S. income. If a foreign partnership is considered a controlled foreign partnership, certain US partners may have to file Form 8865 to report their interest in that partnership.
The partnership, or person it designates, must file these forms even if the partnership has no withholding tax liability under section 1446. To ensure proper crediting of the withholding tax when reporting to the IRS, a partnership must provide a U.S. taxpayer identifying number (TIN) for each foreign partner.
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A U.S. transferor that is required to provide information with respect to a partnership under Regulations sections 1.721(c)-6(b)(2)(iv) and 1.721(c)-6(b)(3)(xi) must file a separate Form 8865 (along with all necessary schedules and attachments) for each partnership treated as a U.S. transferor under Regulations
In general, a U.S. person who is a partner in a foreign partnership is required to file Form 8865 to report the income and financial position of the partnership and to report certain transactions between the partner and the partnership. The form is required to be filed with the partners tax return.
In general, a U.S. person who is a partner in a foreign partnership is required to file Form 8865 to report the income and financial position of the partnership and to report certain transactions between the partner and the partnership. The form is required to be filed with the partners tax return.
A partnership must pay the withholding tax for a foreign partner even if the partnership does not have a U.S. TIN for that partner. Foreign partners must attach Copy C of Form 8805 to their U.S. income tax returns to claim a credit for their share of the IRC section 1446 tax withheld by the partnership.
If the foreign partnership were to file a Form 1065, it would then provide a K-1 to its partners. Those partners would still need to attach a Form 8865 to their U.S. income tax return.

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