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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.
A US person who is a partner in a foreign partnership (or an entity electing to be taxed as a 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.
Partnerships use Schedule B-1 (Form 1065) to provide information applicable to certain entities, individuals, and estates that own, directly or indirectly, an interest of 50% or more in the profit, loss, or capital of the partnership.
A Schedule K-1 document is prepared for each relevant individual (partner, shareholder, or beneficiary). A partnership then files Form 1065, the partnership tax return that contains the activity on each partners K-1. An S corporation reports activity on Form 1120-S.
Code 8865 applies to employers engaged in operating group homes, drug or alcohol rehabilitation centers, halfway houses, homes for mentally disabled persons, temporary shelters and independent supportive living homes where no medical services are provided.

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Form 8938 is used to report specified foreign assets. Typically, the scenario will include a foreign bank account or foreign stock ownership. When a person owns a percentage of a foreign partnership, they may also need to report it on Form 8938 unless they meet the threshold requirement of having to file form 8865.
For example, Form 8938 is required if the total foreign-held asset value was $50,000 on the last day of the tax year, or $75,000 at any time during the tax year. If you are married and file jointly with your spouse, the threshold is $100,000 on the last day of the year or $150,000 at any time during the tax year.
Use Form 8865 to report the information required under section 6038 (reporting with respect to controlled foreign partnerships), section 6038B (reporting of transfers to foreign partnerships), or section 6046A (reporting of acquisitions, dispositions, and changes in foreign partnership interests).
Use Form 8865 to report the information required under section 6038 (reporting with respect to controlled foreign partnerships), section 6038B (reporting of transfers to foreign partnerships), or section 6046A (reporting of acquisitions, dispositions, and changes in foreign partnership interests).
What is the IRS Form 8865? The IRS Form 8865 reports (annually) information about US persons partial or total interest in foreign partnerships or foreign partnership-equivalent entities. The triggers to the Form 8865 foreign partnership reporting obligation are broad and to be absolutely clear extremely complex.

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