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2023 8865 Form: What You Should Know

The IRS reports the ownership, or rights, in a Partnership by listing one of the following: • The amount of the taxpayer's distributive share (in the case of a partnership in which the taxpayer owns a majority of the capital interest, the distributive share); • The amount of the partnership capital interest, and • The amount of a partnership dividend; and The filer must file a copy of the Form 8865 if the amount of the interest is more than 250,000, although the IRS allows filers to have the amount of their distributive share determined under section 1061.  This means that the amount of the interest in a foreign partnership can be reported on the Form 8865 and the amount will be reported on Schedule K-1, even if the foreign partner has an income source of under 250,000;  What this means is that the amount of the interest can be listed on Schedule K-1, regardless of its real (real money) value: The Form 8865 should be filed by the partner that has the most interest in a foreign partnership, and the filer must file a copy of the Form 8865 (but not Schedule K-1, since the partnership income will be listed on Schedule K-1). The following are some additional steps that are usually required before the Schedule K-1 is filed: Schedule K-1 and Form 5471 may be filed on the same schedule and filing, Schedule K-1 and Form 8965 can be filed on the same schedule and filing, Schedule K-1 and the Form 8965 should be filed before Form 8965 is filed (Form 8965 has a lower filing fee).  This means that the Schedule K-1 will be filed after the Form 8861 and Form 4366 (which is identical to the Form 8861). I hope that helps you, and it's possible you already know this! Please feel free to comment or email us if you have questions.

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