Filing Requirements for Partnerships with Foreign Partners
US Partnerships with Foreign Partners Beware….Form 8805 must be filed
An often overlooked form that must be filed if a US based partnership has foreign partners is Form 8805. Under the Tax Reform Act of 1986, U.S. partnerships are required to withhold income tax on “effectively connected taxable income” deemed allocable to foreign partners. The U.S. partnership must file a Form 8805, Foreign Partner’s Information Statement of Section 1446 Withholding Tax, to show the amount of effectively connected taxable income and the total tax credit allocable to the foreign partner for the partnership’s tax year. Foreign partners must attach this form to their U.S. income tax returns to claim a withholding credit for their shares of the Section 1446 tax withheld by the partnership.
The international tax laws are very complex. Make sure you are using the right tax advisor to ensure that nothing is missed.