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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
Use Form 8804 to report the total liability under section 1446 for the partnerships tax year. Form 8804 is also a transmittal form for Form(s) 8805. Use Form 8805 to show the amount of ECTI and the total tax credit allocable to the foreign partner for the partnerships tax year.
Form 8804 is required to be filed by partnerships that have ECTI allocable to foreign partners. This includes both U.S. and foreign partnerships that engage in a trade or business within the United States.
Form 8804, known as the Annual Return for Partnership Withholding Tax, is akin to an umbrella form that provides a summary of the various Forms 8805 issued to foreign partners. Form 8804 is required to be filed by partnerships that have ECTI allocable to foreign partners.
Filing Form 8804 is a simple process. All partnerships with US ECTI that can be allocated to a foreign partner must file this form, regardless of whether they had any effectively connected taxable income. In other words, Form 8804 needs to be filed even if the partnership has recorded a loss in that year.

People also ask

The term exempt individual does not refer to someone exempt from the U.S. tax, but rather to someone who does not count their days of physical presence in the United States in determining whether they are a U.S. resident under the Substantial Presence Test.
If you dont file Form 8804 on time, the penalty is usually 5% of the unpaid tax for each month that the return is late (upto a max of 25% of the unpaid tax). The penalty wont apply if the partnership can show reasonable cause for filing late.
A partnership required to file Form 1065, U.S. Partnership Return of Income, or Form 8804, Annual Return for Partnership Withholding Tax, for any taxable year will be allowed an automatic six-month extension of time to file the return after the date prescribed for filing the return if the partnership files an

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