Specific Instructions

Address

When providing a U.S. address on Form 8804, 8805, or 8813, include the suite, room, or other unit number after the street address. If the post office does not deliver mail to the street address and the partnership (or withholding agent) has a P.O. box, show the box number instead of the street address. If the partnership (or withholding agent) receives its mail in care of a third party (such as an accountant or an attorney), enter on the street address line “c/o” followed by the third party's name and street address or P.O. box.

When providing a foreign address on Form 8804, 8805, or 8813, enter the number and street, city or town, state or province, the name of the country, and ZIP or foreign postal code. Follow the foreign country's practice in placing the postal code in the address. Do not abbreviate the country name.

Form 8804

Lines 1c, 1d, 2c, and 2d

See Address above.

Lines 4a, 4e, 4i, 4m, and 4q

Figure the partnership's ECTI using the definition, earlier. Enter the total ECTI allocable to foreign partners (by income type) on lines 4a, 4e, 4i, 4m, and 4q. With respect to lines 4i, 4m, and 4q, enter the specified types of income allocable to non-corporate partners if appropriate documentation is received and such partners would be entitled to use a preferential rate on such income or gain. See Regulations section 1.1446-3(a)(2) for additional information.

If the partnership has net ordinary loss, net short-term capital loss, or net 28% rate loss, each net loss should be netted against the appropriate categories of income and gain to determine the amounts of income and gain to be entered on lines 4a, 4e, 4i, 4m, and 4q, respectively. Do not enter a negative number on lines 4a, 4e, 4i, 4m, and 4q. See section 1(h) and Notice 97-59, 1997-45 I.R.B. 7, for rules for netting gains and losses.

Note.

Partnership ECTI on which a foreign partner is exempt from U.S. tax by a treaty or other reciprocal agreement is not allocable to that partner and is exempt from withholding under section 1446. However, this exemption from section 1446 withholding must be reported on Form 8805. See instructions for line 8b of Form 8805, later.

Lines 4b, 4f, 4j, 4n, and 4r

Enter the reduction amounts for state and local taxes under Regulations section 1.1446-6(c)(1)(iii). See Reductions for State and Local Taxes, earlier, for additional information. The netting rules under section 1(h) and Notice 97-59 must be considered in determining the category of income the reduction amounts offset.

Lines 4c, 4g, 4k, 4o, and 4s

Enter the reduction amounts resulting from certified partner-level items received from foreign partners using Form 8804-C. See Certification of Deductions and Losses, earlier, for additional information. The netting rules under section 1(h) and Notice 97-59 must be considered in determining the category of income the reduction amounts offset.

Line 5f

Add lines 5a through 5e.

Line 6b

If the partnership is an upper-tier partnership in one or more lower-tier partnerships, enter on line 6b the amount of section 1446 tax withheld by lower-tier partnerships with respect to ECTI allocable to the upper-tier partnership (see Tiered Partnerships, earlier). The amount withheld will be shown on line 10 of the Form 8805 the partnership receives from the lower-tier partnership.

Line 6c

Enter on line 6c the amount of section 1446 tax withheld by a lower-tier PTP that is reported to the partnership on Form 1042-S. The amount withheld will be shown in box 7 of the Form 1042-S. (Box 1 of the Form 1042-S will show income code 27.)

Line 6d

Line 6d applies only to partnerships treated as foreign persons and subject to withholding under section 1445(a) or 1445(e)(1) upon the disposition of a U.S. real property interest.

Enter on line 6d the amount of tax withheld under section 1445(a) or 1445(e)(1) and shown on Form 8288-A, Statement of Withholding on Dispositions by Foreign Persons of U.S. Real Property Interests, for the tax year in which the partnership disposed of the U.S. real property interest. The amount withheld will be shown in box 2 of the Form 8288-A.

Line 6e

Enter on line 6e the amount of section 1445(e) tax withheld on a distribution by a domestic trust to the partnership with respect to the disposition of a U.S. real property interest by the trust. The amount withheld will be shown in box 7 of the Form 1042-S the partnership receives from the trust. (Box 1 of the Form 1042-S will show income code 25 or 26.)

Reporting Amounts AllocableTo Partners

For lines 6d and 6e, do not enter more than the amount allocable to foreign partners (as defined in section 1446(e)). Enter amounts allocable to U.S. partners on line 15f of Schedule K (Form 1065) and in box 15 (using code P) of Schedule K-1 (Form 1065). For Form 1065-B, see line 15 of Schedule K and enter amounts in box 9 of Schedule K-1.

Line 8

If Schedule A (Form 8804) is attached, check the box on line 8 and enter the amount of any penalty on this line.

Form 8805

Line 1b

A partnership must pay the withholding tax for a foreign partner even if it does not have a U.S. TIN for that partner. See Taxpayer Identifying Number, earlier, for details.

Line 1c

See Address, earlier.

Line 3

Enter the type of partner (for example, individual, corporation, partnership, trust, estate).

Line 4

Enter the applicable two-letter code from the list at www.irs.gov/countrycodes for the country of which the partner is a resident for tax purposes. These codes are used by the IRS to provide information to all tax treaty countries for purposes of their tax administration.

Line 5c

See Address, earlier.

Line 8b

Check the box on this line if any of the partnership's ECTI is treated as not allocable to the foreign partner identified on line 1a and therefore exempt from section 1446 withholding because the income is exempt from U.S. tax for that foreign partner by a treaty, reciprocal exemption, or a provision of the Internal Revenue Code.

Line 9

Enter the partnership ECTI allocable to the foreign partner (before considering any state and local income tax reduction permitted under Regulations section 1.1446-6(c)(1)(iii) or any reduction amounts resulting from certified partner-level items received from foreign partners using Form 8804-C).

The partnership must provide a statement (generally Schedule K-1 (Form 1065)) to the foreign partner that lists each income type of ECTI included on line 9. The income types of ECTI that may be included on line 9 are:

  • Total ECTI allocable to corporate partners.

  • Total ECTI allocable to non-corporate partners (other than the specific types of income listed below).

  • 28% rate gains (non-corporate partners only).

  • Unrecaptured section 1250 gains (non-corporate partners only).

  • Adjusted net capital gain (including qualified dividend income and net section 1231 gains) (non-corporate partners only).

The partnership must also provide any additional information to foreign partners that they may reasonably need to complete Schedule P (Form 1120-F).

Line 10

To calculate the total tax credit allowed to a foreign partner under section 1446, subtract from each type of ECTI allocable to the foreign partner the amount of any state and local income tax reduction permitted under Regulations section 1.1446-6(c)(1)(iii) and any reduction amounts resulting from certified partner-level items received from foreign partners, using Form 8804-C, that the partnership considered in determining that partner's portion of the section 1446 withholding tax due. Then multiply each net amount by the applicable percentage (see definition, earlier). Finally, total the resulting amounts.

Note.

If the partnership relied on a certificate the partner submitted under Regulations section 1.1446-6(c)(1)(ii) to determine that the partnership is not required to pay any section 1446 tax with respect to that partner, enter -0- on line 10. See Form 8804-C, Part III.

Attachments

The partnership is required to attach to Form 8805 the computation described in the first paragraph of these line 10 instructions. Furthermore, if the total section 1446 tax paid for a partner has been reduced as a result of the state and local income tax reduction permitted under Regulations section 1.1446-6(c)(1)(iii) or as a result of relying in whole or in part on a partner's Form 8804-C, then the documentation described below must also be attached to the Form 8805 for that partner.

  • If the total section 1446 tax paid for the partner has been reduced because the partnership relied on a Form 8804-C, attach that Form 8804-C to the partner's Form 8805.

  • A computation of the tax due relating to the partner if any Forms 8804-C were relied on. See Regulations section 1.1446-6(d)(3)(i).

  • If the total section 1446 tax paid for the partner has been reduced based on the state and local income tax reduction permitted under Regulations section 1.1446-6(c)(1)(iii), attach a computation of the tax due.

Note.

With respect to the last two bulleted items, a statement showing one computation for both items is permitted.

A partnership must attach all applicable items referred to above to reduce its section 1446 tax due by either of the reductions referred to above.

Schedule T–Beneficiary Information

If the foreign partner is a foreign trust or estate, the foreign trust or estate must provide to each of its beneficiaries a copy of the Form 8805 furnished by the partnership. In addition, the foreign trust or estate must complete Schedule T for each of its beneficiaries and must provide that Schedule T information to each beneficiary.

The foreign trust or estate may provide all of the information listed in the previous paragraph on a single Form 8805 for each of its beneficiaries. In this case, the information provided in boxes 1a through 10 will be the same for all of the beneficiaries, but the information provided on Schedule T may vary from beneficiary to beneficiary, depending on the ownership interests of the respective beneficiaries.

Line 11c

See Address, earlier.

Line 12

Enter the amount of ECTI on line 9 to be included in the beneficiary's gross income. The foreign trust or estate must provide a statement (generally Schedule K-1 (Form 1041)) to each of its beneficiaries that lists each income type of ECTI included on line 12. The income types of ECTI that may be included on line 12 are:

  • Total ECTI allocable to corporate beneficiaries.

  • Total ECTI allocable to non-corporate beneficiaries (other than the specific types of income listed below).

  • 28% rate gains (non-corporate beneficiaries only).

  • Unrecaptured section 1250 gains (non-corporate beneficiaries only).

  • Adjusted net capital gain (including qualified dividend income and net section 1231 gains) (non-corporate beneficiaries only).

Line 13

To determine the total tax credit allowed to a beneficiary under section 1446, multiply each type of ECTI on line 12 by the applicable percentage (see definition, earlier).

Form 8813

Line 1

A partnership without a U.S. EIN must obtain one and must pay any section 1446 withholding tax due. If the partnership has not received an EIN by the time it files Form 8813, indicate on line 1 of Form 8813 the date the partnership applied for its EIN. On receipt of its EIN, the partnership must immediately send that number to the IRS using the address as shown in Where To File, earlier. Failure to provide an EIN may delay processing of payments on behalf of the partners.

Line 2

See Amount of each installment payment of withholding tax, earlier, for information on calculating the amount of the payment.

Line 3

See Address, earlier.

Attachments

If the total section 1446 tax paid for an installment period has been reduced as a result of the state and local income tax reduction permitted under Regulations section 1.1446-6(c)(1)(iii) or as a result of relying in whole or in part on a partner's Form 8804-C, then the documentation described below must be attached to all Forms 8813 starting with the first installment period in which the certificate was considered. Under these circumstances, a partnership must file Form 8813 for an installment period even if no section 1446 withholding tax is due.

The required documentation is as follows:

  • If the partnership reduced an installment payment because it relied on Forms 8804-C, attach all such Forms 8804-C to Form 8813. If the same Form 8804-C for a partner is used in a subsequent installment period, see Regulations section 1.1446-6(d)(3)(i) for a substitute to attaching that Form 8804-C to the Form 8813 for subsequent installment periods.

  • A computation of the tax due relating to each partner whose Form 8804-C it relied on. See Regulations section 1.1446-6(d)(3)(i).

  • If the partnership reduced an installment payment based on state and local income tax deductions permitted under Regulations section 1.1446-6(c)(1)(iii), attach a computation of the tax due.

Note.

With respect to the last two bulleted items, a statement showing one computation for both items is permitted.

A partnership must attach all applicable items referred to above to reduce its section 1446 tax due by either of the reductions referred to above.


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