Tax Form 8858 for Owners of Foreign Disregarded Entities-2026

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  1. Click ‘Get Form’ to open Tax Form 8858 in our editor.
  2. Begin by entering the filer’s identifying number and name at the top of the form. Ensure all information is in English and amounts are in U.S. dollars.
  3. Complete Section 1, providing details about the foreign disregarded entity (FDE) or foreign branch (FB), including its name, address, and country of organization.
  4. In Section 2, provide information regarding the accounting period for the FDE or FB. Include details about any branch offices or agents in the U.S.
  5. Fill out Schedule C for the income statement, reporting all figures in functional currency as per U.S. GAAP guidelines.
  6. Complete Schedule G by answering questions related to base erosion payments and any dual consolidated losses if applicable.
  7. Review all sections for accuracy before saving your completed form. Use our platform's features to sign and distribute your document seamlessly.

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An FDE is an entity thats not created or organized in the United States and thats disregarded as an entity separate from its owner for U.S. income tax purposes. Form 8832, Entity Classification Election, can be filed to elect how the entity will be classified for Federal tax purposes.
A payee may be subject to Chapter 4 withholding only if it is a foreign entity. A foreign entity for Chapter 4 purposes means any entity that is not a U.S. person and includes a territory entity as defined in Regulations section 1.1471-1(b)(129).
In order to file Form 5472, a foreign-owned U.S. DE must first obtain a U.S. tax identification number. Since it has no U.S. income tax return filing requirement, a foreign-owned U.S. DE must file a pro forma Form 1120 (U.S. Corporation Income Tax Return) with Form 5472 attached by the due date of the Form 1120.
Disregarded entity is a tax term. It refers to an entity that, as the name implies, will be disregarded or ignored for federal income tax purposes. The most common disregarded entity for federal income tax purposes is the single-member limited liability company (SMLLC).
Foreign disregarded entity (FDE). An EIN is required for an FDE to file Form 8832 to elect to be treated as an FDE. The new EIN must be included on the Form 8858 filed by the FDE for the first year in which it elects to be treated as an FDE, and the old reference ID number must be entered on line 1b(2).

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Form 8858 reports financial information about foreign disregarded entities (FDEs) or foreign branches controlled by US persons, either directly or indirectly. The IRS uses this form to monitor the activities of foreign businesses owned by US taxpayers.
Form 8858 Filing Requirements Any U.S. person who owns or controls a Foreign Disregarded Entity (FDE), or who operates a Foreign Branch, must file this information return along with their annual tax return. For individuals, the filing deadline is usually April 15.

what is a foreign disregarded entity