Information about Form 8804, Annual Return for Partnership Withholding Tax (Section 1446), including recent updates, related forms, and instructions on how to file. Form 8804 is used by partnerships to report the total liability under section 1446, and as a transmittal form for Form 8805.

Can a partnership file an amended form 8804?

Amended Form 8804. A partnership can file an amended Form 8804 to correct a previously filed Form 8804. To do so, complete a new Form 8804 with the corrected information. Write “Amended” in the top margin of the form and write “Corrected” on any Forms 8805 attached to the Form 8804.

Where do I put form 8805 on my tax return?

Foreign partners must attach Form 8805 to their U.S. income tax returns to claim a withholding credit for their shares of the section 1446 tax withheld by the partnership.

Can a form 8805 be completed by a foreign trust?

Form 8805 can also be completed, in some cases, by a foreign trust or estate. A foreign partner that is a foreign trust or estate must complete Schedule T of Form 8805 to report to the trust’s or estate’s beneficiaries the section 1446 withholding tax that can be claimed as a withholding tax credit on the beneficiaries’ income tax returns.

Form 8804 is an annual summary statement of the various Forms 8805 that are sent to the foreign partners of a U.S. partnership or the foreign partners of a foreign partnership with effectively connected income to a U.S. trade or business. A Form 8813 payment voucher should accompany the payment of any taxes required by Form 8804 and 8805.

When to file Form 8805 for foreign partners?

File a separate Form 8805 for each foreign partner. See Reporting to Partners, later, and the instructions for line 8b of Form 8805, later, to determine when Form 8805 is required even if no section 1446 withholding tax was paid. Attach Copy A of each Form 8805 to the Form 8804 filed with the IRS.

Do you have to file Form 8804 if you have ECI?

Every partnership that has U.S. ECI allocable to a foreign partner must file a Form 8804, regardless of whether it had effectively connected taxable income allocable to a foreign partner. In other words, Form 8804 must be filed even if the partnership has an overall loss.

What is the penalty for not filing Form 8805?

Generally, a penalty of $50 is imposed for a failure to furnish Form 8805 to the foreign partners when due.