1999 Instructions for 8804

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1999 Instructions for 8804 Department of the Treasury 1999 Internal Revenue Service Instructions for Forms 8804, 8805, and 8813 Section references are to the Internal Revenue Code unless otherwise noted. Paperwork Reduction Act Notice. We ask for the information on these forms to carry partner in any tax year must file Forms out the Internal Revenue laws of the United States. You are required to give us the 8804 and 8805 whether or not information. We need it to ensure that you are complying with these laws and to allow distributions were made during the us to figure and collect the right amount of tax. partnership's tax year. The partnership You are not required to provide the information requested on a form that is subject may designate a person to file the forms. to the Paperwork Reduction Act unless the form displays a valid OMB control number. The partnership, or person it designates, Books or records relating to a form or its instructions must be retained as long as their must file these forms even if the contents may become material in the administration of any Internal Revenue law. partnership has no withholding tax liability Generally, tax returns and return information are confidential, as required by section under section 1446. 6103. Publicly traded partnerships must file The time needed to complete and file these forms will vary depending on individual these forms only if they have elected to circumstances. The estimated average times are: pay section 1446 withholding tax based on effectively connected taxable income Form 8804 8805 8813 allocable to its foreign partners. Those that do not make this election and instead Recordkeeping 59 min. 59 min. 26 min. withhold the tax on distributions to their Learning about the foreign partners should see Publicly law or the form 57 min. 54 min. 49 min. Traded Partnerships on page 4. Preparing the form 31 min. 17 min. 16 min. When To File Copying, assembling, and sending the form to the IRS 20 min. 17 min. 10 min. Forms 8804 and 8805 If you have comments concerning the accuracy of these time estimates or Generally, file on or before the 15th day suggestions for making these forms simpler, we would be happy to hear from you. You of the 4th month following the close of the can write to the Tax Forms Committee, Western Area Distribution Center, Rancho partnership's tax year. However, a Cordova, CA 95743-0001. DO NOT send the tax forms to this address. Instead, see partnership that consists entirely of Where To File below. nonresident alien partners must file on or before the 15th day of the 6th month following the close of the partnership's tax Photographs of Missing effectively connected taxable income and year. Children the total tax credit allowed to the foreign File Forms 8804 and 8805 separately partner for the partnership's tax year. from Form 1065, U.S. Partnership Return The Internal Revenue Service is a proud File a separate Form 8805 for each of Income, and Form 1065-B, U.S. Return partner with the National Center for foreign partner even if no section 1446 of Income for Electing Large Partnerships. Missing and Exploited Children. withholding tax was paid. Attach Copy A If you need more time, you may file Photographs of missing children selected of each Form 8805 to the Form 8804 filed Form 2758, Application for Extension of by the Center may appear in instructions with the IRS. Time To File Certain Excise, Income, on pages that would otherwise be blank. Foreign partners must attach Form Information, and Other Returns, to You can help bring these children home 8805 to their U.S. income tax returns to request an extension of time to file Form by looking at the photographs and calling claim a credit for their shares of the 8804. Generally, an extension will not be 1-800-THE-LOST (1-800-843-5678) if you section 1446 tax withheld by the granted for more than 90 days. If you recognize a child. partnership. A foreign partnership that need more time, file a second Form 2758 receives a Form 8805 should see Tiered for an additional 90-day extension. The General Instructions Partnerships on page 4. Any U.S. total extension may not be for more than person erroneously subjected to the 6 months except for taxpayers who are Purpose of Forms withholding tax would also receive Form abroad. 8805 from a partnership and should Use Forms 8804, 8805, and 8813 to pay attach it to his or her income tax return. Form 8813 and report section 1446 withholding tax Use Form 8813, Partnership File on or before the 15th day of the 4th, based on effectively connected taxable Withholding Tax Payment (Section 1446), 6th, 9th, and 12th months of the income allocable to foreign partners. to pay the withholding tax under section partnership's tax year for U.S. income tax Use Form 8804, Annual Return for 1446 to the United States Treasury. Form purposes. Partnership Withholding Tax (Section 8813 must accompany each payment of 1446), to report the total liability under section 1446 tax made during the Where To File section 1446 for the partnership's tax partnership's tax year. year. Form 8804 is also a transmittal form File Forms 8804, 8805, and 8813 with: for Form(s) 8805. Who Must File Internal Revenue Service Center, Use Form 8805, Foreign Partner's Philadelphia, PA 19255. Information Statement of Section 1446 All partnerships with effectively connected Withholding Tax, to show the amount of gross income allocable to a foreign Cat. No. 10393W Taxpayer Identifying Number withholding. If a partnership relies in good a properly executed power of attorney, faith on the certification, but it is later provided the power of attorney To insure proper crediting of the determined that the certification was false, accompanies the certification. withholding tax when reporting to the IRS, the partnership will not be held liable for How long to keep the certifications. A a partnership must provide a U.S. payment of the tax, any applicable partnership must keep a certification of taxpayer identifying number (TIN) for penalties, or interest. A certification that nonforeign status until the end of the 5th each foreign partner. The partnership satisfies the requirements of these tax year after the last tax year in which the should notify any of its foreign partners instructions will also satisfy the partnership relied on the certification. without such a number of the necessity requirements for a certificate of Special rule for widely held of obtaining a U.S. identifying number. nonforeign status under section 1445. partnership. In addition to relying on a An individual's identifying number is the Once a partnership learns that the certification of nonforeign status, a widely individual's social security number (SSN) certification is false, it will no longer be held partnership (a partnership that has or individual taxpayer identification entitled to rely on that certification. For more than 200 partners, including a number (ITIN). Any other partner's this purpose, the knowledge of any publicly traded partnership) may rely on identifying number is its U.S. employer general partner will be imputed to the the information provided to it by partners identification number (EIN). partnership to cause a withholding on a Form 1001, Ownership, Exemption, Certain aliens who cannot obtain SSNs liability. The knowledge of one of its or Reduced Rate Certificate; Form W-8, can now apply for ITINs on Form W-7, limited partners will not be imputed to a Certificate of Foreign Status; Form Application for IRS Individual Taxpayer partnership based solely on that partner's W-8BEN, Certificate of Foreign Status of Identification Number. status as a limited partner. For a limited Beneficial Owner for United States Tax liability company or other entity classified Withholding; or Form W-9, Request for Requirement To Make as a partnership for Federal income tax Taxpayer Identification Number and Withholding Tax Payments purposes, any member with authority to Certification. manage or bind the entity is treated as a Also, a widely held partnership may rely A foreign or domestic partnership that has general partner. on a certification under penalties of effectively connected taxable income Also, the partnership will be liable under perjury from a nominee about the allocable to a foreign partner must pay a section 1461 for any failure to pay the nonforeign status of partners owning withholding tax equal to the applicable withholding tax under section 1446 for the partnership interests through the percentage of the effectively connected tax year in which it learned that the nominee. No particular form is required for taxable income that is allocable to its certification is false. However, the this certification, but it should identify the foreign partners. However, this partnership will not be liable for penalties partner for whom the certification is made requirement does not apply to a for failure to make timely payments of and indicate the basis for the certification. partnership treated as a corporation under installments of section 1446 withholding When making a certification, a nominee the general rule of section 7704(a). tax that were due prior to the time it may also rely on a certification of Effectively connected taxable income is learned that the certification was false. nonforeign status or on information defined on page 3. Duration of certification. A partnership provided by Forms 1001, W-8, W-8BEN may rely on a partner's certification of or W-9. A nominee and a partnership may Withholding Agents nonforeign status until the earliest of the not rely on any of those forms after the General partners and limited liability following: date that the forms must be re-executed, company members are jointly and 1.
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