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Ann Arbor Michigan Form 8805: What You Should Know

If you don't provide one, the IRS will withhold the U.S. source income tax credit from your foreign partnership compensation. If you are claiming a U.S. source credit, you must show that the foreign partnership's U.S. source income for the taxable year does not qualify for the foreign tax credit exclusion. Explanation The foreign tax credit for the foreign partnership must be allocated proportionately to the U.S. source income earned by the foreign partnership in the United States in the taxable year. In other words, if the foreign partnership's U.S. source income in the United States for the taxable year was 100,000, the U.S. source credit for foreign partnership's U.S. source income must be 100,000 X the foreign partnership's income. If no foreign tax credit is allocated to the foreign partnership's U.S. source partnership income for the taxpayer year, then a U.S. tax credit is provided for the taxes due on the foreign partnership's U.S. source income. For example, suppose your foreign partnership earns 60,000, of which 50% was U.S. source income. Because no U.S. tax credit for the 60,000 is allocated by the foreign partnership to its U.S. source income, 50% (50 divided by 60,000) is treated as U.S. source income. Therefore, the foreign partnership would have to elect to have the U.S. tax credit not allocated to its U.S. source taxable income. In this election process the foreign partnership would then be allocated 10% of its U.S. source profit from the partnership, which could be 20,000. The foreign partnership would then have to file Form 8802 to show the allocation of the U.S. credit on its income tax return. If filing a Form 8802 election, you have four options when it comes to determining the U.S. source income of your partnership. Option 1 : Exclude the income of the partnership from your U.S. gross income in the taxable year. Option 2 : Include the foreign partnership's U.S. source income from your gross income in the taxable year. Option 3 : Include the foreign partnership's U.S.

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