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Salinas California Form 8805: What You Should Know

It does not matter how the payments are received in excess of 10,000 (but not more than 14,000) for the partnership for any taxable year.) If you are a U.S. partnership, and you have effective tax residency and are or become a foreign partner of any  non-U.S. person, an amount reported on this form may be considered income, for U.S. tax purposes, from a U.S. trade or business. The Partner's withholding tax is computed as tax on the partnership itemized payment for Form 8804 (or in the case of a Form 8805, computed as a foreign partnership tax on the foreign partner itemized payment for Form 8805). If you are a partnership that is a U.S.-based partnership, you will compute gross income for all partnership items from its U.S. trade or business, and you will not owe tax on these items to the partner. To be sure that the Partner's withholding tax is correct, the partnership should check with the IRS to ensure that the partner's income for these partnership items is properly reported on Form 8804 and included in the partner's gross income. Note that, in the case of Form 8805, if the Partner's gross income (not gross income from the foreign partnership for which the Form 8804 was prepared), is in excess of 10,000 for any taxable year, the Partner's partner will be required to file a Form 8805 for each partnership item, as explained in a discussion of Form 8805 attached here. See the discussion under Line 6b for Form 8804 for more information. See also IRS Publication 552 — Guide to U.S. Foreign Partnership Taxation (GPT) for an explanation of  other Form 8805 instructions. It is the joint financial responsibility of the partner and partner's spouse to meet withholding requirements for Form 8804. Each partner has the responsibility of meeting the income tax withholding requirements on his or her joint return, and each partner should report and pay any partnership income on his or her return jointly and separately from any income taxes otherwise required to be withheld. The federal law provides for the filing of joint returns by taxpayers and for joint and survivor estate tax returns by the partner and his or her estate.

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