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This form is used to report the tax liability for partnerships with foreign partners and calculate the withholding tax owed under Section 1446.
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How to fill out form 8804

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How to fill out Form 8804

01
Obtain Form 8804 from the IRS website or relevant tax authority.
02
Fill in your basic identification information at the top of the form.
03
Provide details about the partnership, including the name, address, and EIN.
04
Report the total income effectively connected with U.S. trade or business.
05
Calculate the partner’s share of effectively connected taxable income.
06
Determine and report any withholding tax amounts and credits.
07
Double-check your entries for accuracy.
08
Sign and date the form where required.
09
Submit the form according to the instructions provided by the IRS by the due date.

Who needs Form 8804?

01
Partnerships engaged in a trade or business in the United States that have foreign partners.
02
Any partnership with a foreign partner that has effectively connected income in the U.S.
03
Partnerships that have a withholding obligation for their foreign partners under U.S. tax law.
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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.
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. Use Form 8805 to show the amount of ECTI and the total tax credit allocable to the foreign partner for the partnership's tax year.
While you can electronically file the extension for Form 8804, the IRS doesn't support electronic filing of Form 8804 and related forms and schedules.
If the partnership files Form 7004 to request an extension of time to file Form 8804, pay the balance of Section 1446 withholding tax estimated to be due with Form 7004 in order to avoid the late payments penalty. Currently, only Form 7004 can be e-filed. Form 7004-8804 must be paper filed.
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 8888 to directly deposit your refund (or part of it) to one or more accounts at a bank or other financial institution (such as a mutual fund, brokerage firm, or credit union) in the United States. This form can also be used to buy up to $5,000 in paper series I savings bonds with your refund.
Form 8804, Annual Return for Partnership Withholding Tax (Section 1446). The withholding tax liability of the partnership for its tax year is reported on Form 8804. Form 8804 is also a transmittal form for Forms 8805.
Use Form 8865 to report the information required under section 6038 (reporting with respect to controlled foreign partnerships), section 6038B (reporting of transfers to foreign partnerships), or section 6046A (reporting of acquisitions, dispositions, and changes in foreign partnership interests).
Purpose of Forms 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. Use Form 8805 to show the amount of ECTI and the total tax credit allocable to the foreign partner for the partnership's tax year.
Free File - If your adjusted gross income is $84,000 or less. If higher, you can use Free File Fillable Forms. Direct File - Prepare and file your taxes online – for free – directly with the IRS.

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Form 8804 is a tax form used by partnerships to report their Chapter 3 withholding tax obligations on income that is subject to withholding to foreign partners.
Partnerships that have foreign partners and are required to withhold tax on certain income distributions to those partners must file Form 8804.
To fill out Form 8804, partnerships must provide information about their income, the amounts withheld for foreign partners, and any tax credits or payments made. Specific instructions are available on the IRS website.
The purpose of Form 8804 is to ensure that partnerships comply with U.S. tax laws regarding withholding taxes on income distributed to foreign partners.
Form 8804 requires reporting of the amount of effectively connected taxable income (ECTI), withholding tax amounts, and identifying information of both the partnership and its foreign partners.
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