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This form is used by partnerships to report their withholding tax liabilities for foreign partners as required under Section 1446 of the Internal Revenue Code.
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How to fill out 8804 - irs

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How to fill out 8804

01
Obtain Form 8804 from the IRS website.
02
Fill in the basic identifying information, including name, address, and tax identification number.
03
Complete Part I to calculate the total tax due, including the amount from each partner.
04
Fill out Part II if you have any adjustments to report or if you're claiming a credit.
05
Review the instructions for any specific provisions that may apply to your situation.
06
Double-check all information for accuracy.
07
Sign and date the form.
08
Submit the completed Form 8804 to the IRS by the appropriate deadline.

Who needs 8804?

01
Foreign partnerships that have effectively connected income (ECI) in the U.S.
02
Partners in a foreign partnership that earned income from U.S. sources.
03
Individuals or entities that are responsible for filing on behalf of a partnership.
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Pro Tip: IRS Forms 8804 and 8805 are similar to Forms 1042 and 1042-S. Both report on the U.S. income of foreign persons. However, Forms 1042 and 1042-S report passive income, while Forms 8804 and 8805 report partnership income.
The IRS supports electronic filing only for Form 1065 and related forms and schedules and the extension Form 7004. Any forms filed to the IRS separately from Form 1065, such as Form 8804, aren't included in the electronic file and need to be filed on paper.
Use Form 8804 to report the total liability under section 1446 for the partnership's tax year. Form 8804 is also a transmittal form for Form(s) 8805.
Form 8804 penalties The penalty for not filing Form 8804 when due is usually 5% of the unpaid tax for each month or part of a month the return is late, but not more than 25% of the unpaid tax. The penalty will not apply if the partnership can show reasonable cause for filing late.

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Form 8804 is a tax form used by partnerships to report their withholding tax obligations related to effectively connected U.S. source income and to claim any credit for taxes withheld by the partnership.
Form 8804 must be filed by partnerships that have foreign partners and are required to withhold taxes on their share of effectively connected income.
To fill out Form 8804, the partnership must provide information such as its name, address, and Employer Identification Number (EIN), the amount of effectively connected income, and the amounts withheld for each foreign partner.
The purpose of Form 8804 is to report the partnership's withholding tax liabilities and to ensure compliance with U.S. tax laws concerning foreign partners.
Form 8804 requires reporting the partnership's total effectively connected income, total tax withheld, any tax credits claimed, and the distribution of these amounts among foreign partners.
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