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This form is used by partnerships to report withholding tax obligations under Section 1446 for nonresident alien partners. It includes details about the partnership, withholding agents, tax liabilities,
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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 an authorized source.
02
Fill in the identifying information about the partnership, including its name, address, and Employer Identification Number (EIN).
03
Complete Part I to report the total income effectively connected with the conduct of a trade or business in the U.S.
04
Fill out Part II to calculate the tax due by referencing the applicable rates and deductions.
05
Complete any additional schedules or forms that may be required, such as Schedule A for the partners’ share of effectively connected income.
06
Review the form for accuracy and completeness.
07
Sign and date the form where indicated.
08
File Form 8804 with the IRS by the due date, typically the 15th day of the 4th month after the end of the partnership's tax year.
09
Ensure to keep a copy of the filed form for your records.

Who needs Form 8804?

01
Any partnership that has income effectively connected with a U.S. trade or business and has foreign partners.
02
Partnerships that are required to report the income and pay tax on behalf of foreign partners.
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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 U.S. tax form used by partnerships to report their total income effectively connected with a U.S. trade or business and to calculate any withholding tax due on behalf of foreign partners.
Partnerships that have foreign partners and are engaged in a trade or business in the United States are required to file Form 8804.
To fill out Form 8804, partnerships must provide their income, deductions, credits, and any applicable withholding amounts for foreign partners. The form includes sections for reporting total effectively connected income, calculating tax, and summarizing each partner’s share of income and withholding.
The purpose of Form 8804 is to report tax and withholding obligations of partnerships with foreign partners, ensuring that the U.S. government collects taxes owed on income effectively connected to U.S. trade or business.
Form 8804 requires reporting the partnership's total effectively connected taxable income, total distributions to partners, the amount of tax withheld, the identities of foreign partners, and other pertinent financial information necessary for tax calculation.
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