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Get the free Instructions for Forms 8804, 8805, and 8813 - irs

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This document provides detailed instructions for filing Forms 8804, 8805, and 8813, which are used for reporting and paying section 1446 withholding tax for partnerships with foreign partners.
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How to fill out instructions for forms 8804

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How to fill out Instructions for Forms 8804, 8805, and 8813

01
Gather the necessary information about the partnership's income and deductions.
02
Obtain Forms 8804, 8805, and 8813 from the IRS website or relevant sources.
03
Carefully read the Instructions for each form to understand the requirements.
04
Complete Form 8804, detailing the partnership's tax liability and calculating the amount due.
05
Fill out Form 8805 for each partner, reflecting their share of income, deductions, and credits.
06
Complete Form 8813 to report any estimated tax payments made for the partnership.
07
Review all forms for accuracy and completeness before submission.
08
Submit the forms as per the guidelines and keep copies for your records.

Who needs Instructions for Forms 8804, 8805, and 8813?

01
Partnerships that have U.S. income subject to withholding.
02
Partners in a partnership who need to report their share of partnership income.
03
Tax professionals assisting partnerships with their tax compliance.
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If you need more time, you can file Form 7004 to request an extension of time to file Form 8804. Note. Filing a Form 7004 doesn't extend the time for payment of tax. File on or before the 15th day of the 4th, 6th, 9th, and 12th months of the partnership's tax year for U.S. income tax purposes.
If Form 8804 is not filed on time, the penalty is usually 5% of the unpaid tax for each month the return is late, up to a maximum of 25% of the unpaid tax.
Picking up copies at an IRS Taxpayer Assistance Center. Going to the IRS Small Business and Self-Employed Tax Center page. Requesting copies by phone — 800-TAX-FORM (800-829-3676). Hours of operation are 7 a.m. to 10 p.m., Monday-Friday, your local time — except Alaska and Hawaii which are Pacific time.
Form 8804 penalties A penalty may be imposed for failure to file Form 8804 when due (including extensions). 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.
If you do not file a correct and complete Form 8938 within 90 days after the IRS mails you a notice of the failure to file, you may be subject to an additional penalty of $10,000 for each 30-day period (or part of a period) during which you continue to fail to file Form 8938 after the 90-day period has expired.
Who must file IRS Forms 8804 and 8805? Any partnership that has foreign partners with income connected to U.S. business activities is required to file Form 8804 and a separate Form 8805 for each foreign partner.
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 8813 to pay the withholding tax under section 1446 to the United States Treasury. Form 8813 must accompany each payment of Section 1446 tax made during the partnership's tax year.

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Instructions for Forms 8804, 8805, and 8813 provide guidance on how to complete these forms, which are used for reporting and paying the U.S. income tax withheld on behalf of foreign partners in a partnership.
Partnerships that have foreign partners and are required to withhold tax on income allocable to those partners must file Instructions for Forms 8804, 8805, and 8813.
To fill out the forms, partnerships must provide specific information about the partnership, the foreign partners, and the income subject to withholding, following the detailed instructions provided for each form.
The purpose is to ensure that partnerships correctly report withholding tax liabilities associated with foreign partners, facilitating compliance with U.S. tax laws.
The forms require reporting of details such as the partnership's identification information, the amount of income subject to withholding, the amount withheld, and the partners' respective shares of income.
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