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CO online Form 8805: What You Should Know

Form 8804 and 8805 are used by the IRS to help ensure that the income tax withholding from payments made by a U.S. partnership to its foreign partner are equal to the tax withheld by the U.S. partnership. If you owe tax to the IRS The United States and its taxing entities must withhold federal income tax from (and pay any federal tax refunds with) payments that a person receives from a foreign partnership, foreign corporation, or foreign estate of a U.S. taxpayer. Form W-8BEN is a form created by the IRS to collect information necessary to determine the U.S. income, and therefore the withholding tax for foreign partnerships that are subject to a U.S. withholding tax (see below for more information). This document provides you with information from the 1099-R Form issued by the taxpayer to you in response to a request for information for U.S. withholding on income earned by the partnership. This document also contains a list that shows certain foreign partnership dividends or foreign income and foreign estate income to the exclusion of certain foreign partnership income and certain foreign estate income. This document also contains a list that shows certain foreign partnership dividends or foreign income and foreign estate income to the exclusion of certain foreign tax credits. Additional Information to Identify Exempt Partnerships If you are a foreign partnership, foreign corporation, or foreign estate of a U.S. taxpayer, you could be required to withhold tax on income you and all partners make to a foreign partnership. You could also be required to pay U.S. tax on the amounts withheld. If you are an individual, the IRS can generally determine your tax withholding for foreign partnerships in an Internet-only electronic filing system using Form 4852. If you are a foreign partner who is not a U.S. taxpayer and has not filed a U.S. tax return on Form 1040/1040NR, you might wish to consult with a law or accounting firm to determine the income tax withholding that might apply to your partnership. If you are a partner in a U.S. partnership, but you want to find out whether you have an obligation to withhold U.S. tax on income you receive as a partner, you should seek assistance from an experienced tax attorney such as us. In most cases, you might not be subject to U.S.

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