5 Things You Should Know About IRS Form 8865-2025

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Purpose of Form 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).
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.
Failure to timely file a Form 5471 or Form 8865 is generally subject to a $10,000 penalty per information return, plus an additional $10,000 for each month the failure continues, beginning 90 days after the IRS notifies the taxpayer of the failure, up to a maximum of $60,000 per return.
Form 8865 requirement Form 8865 is used by U.S. persons to report certain information regarding controlled foreign partnerships (Sec. 6038); transfers to foreign partnerships (Sec. 6038B); and acquisitions, dispositions, and changes in foreign partnership interests (Sec. 6046A).
Form 8865 penalties begin at $10,000 per violation, and can easily reach six figures for those who didnt file these Forms for ten or more years continuously.
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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.
A foreign partnership is classified as a controlled foreign partnership (CFP) if more than 50% of its interests, either in terms of value or voting power, are owned by U.S. individuals who each own 10% or more of the partnership at any point during its tax year.
The Schedule G (Form 8865) Accessible is used by taxpayers who must report certain foreign or controlled foreign partnership transactions. It must be filled by taxpayers and submitted to the IRS.

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