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Section 1446 Form: What You Should Know

Annual Payment of section 1446 Tax; (Filer is the partner of another tax filer). If the partner of the other tax filer is subject to a penalty for failure to file, that penalty is allowed as a credit toward the installment payment under Form 8813. If a foreign partnership is subject to a penalty, both partners must include in gross income for U.S. tax purposes the amount of 10 percent of the portion of the amount of tax withheld on a U.S. partnership's return and paid to the partner based on the partner's estimated foreign share of the partnership's section 1446 income; unless one of the partners is a U.S. partnership, then the partner of the foreign partnership is allowed an additional 10 percent. Use Form 8805, Foreign Partner's Information  Statement of Certain Tax Matters (Form 8805) with Schedule C of IRS Form 2063-2 (Income Tax). The foreign partnership is required to file Form 8805, Foreign Partner's Information Statement of Section 1446, with the Internal Revenue Service. Foreign partners of U.S. taxpayers are subject to a joint U.S. tax obligation. Additional Information Form 8805 — U.S. partnership information statement to report on the basis of section 1446 tax information. Form 8805 — U.S. partnership information statement to report on the basis of section 1446 tax information. Use Form 8805 — Foreign Partner's Information Statement to report on the basis of section 1446 tax information in the year the partnership ceases to be a U.S. partnership and not in subsequent years. Use Form 8805 — Foreign Partner's Information Statement to report on the basis of section 1446 tax information. Foreign partners of U.S. taxpayers are subject to a joint U.S. tax obligation. A partnership that is a U.S. domestic partnership may receive Form 1065, U.S. Income from Partnerships, in lieu of Form 8805 if applicable. To obtain Form 1065, the partnership must file Form 8809, U.S. Income from Partnerships. If filed, Form 8809 must include all the information in Section 3. Additional Information Form 6198, Partnership Information Statement of Partnership Income (Form U.S. Income): Partnerships that are U.S. domestic partnerships generally must file Form 6198 with Schedule K. It may be accepted as an amended return under section 6203 of the Internal Revenue Code.

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