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Form 8865 Arlington Texas: What You Should Know

Section 6038 Foreign Partnership. Section 6038 provides individuals with a limited exemption, which is different from the tax exemption, when they act as a representative or manager of a partnership. The partnership must be a controlled foreign partnership. For example, if you own a partnership interest in a foreign corporation or partnership, you must report your investment in your partnership with the appropriate form. How to Create a U.S. Partnership For more information, please consult R. Scott Grady, CPA, LLC and R. Scott Griddle, a Certified Public Accountant, at RSCLaw.com. If your partnership is a foreign partnership and the other partner holds U.S. citizenship, then the foreign partnership will likely be classified as being under Section 901 (nonprofit). However, if your partnership is a non-U.S. partnership and the other partner does not hold U.S. citizenship, then the foreign partnership will likely be classified as a U.S. partnership. Section 901 — Partnerships What is Section 901 of the U.S. tax code? Section 901 (nonprofit) is a partnership status. You must keep records of the U.S. partner's ownership of the partnership interest. U.S. partners must file a Form 8865 to report income and losses, and report U.S. partnership income and losses from source. Additionally, if a foreign partnership has at least one partner who is a U.S. citizen, they may be required to file Form 988 to report income and losses from source. There is no separate requirement for these partnerships to keep records for their U.S. partners. Where can I find the partnership forms? Form 8958 is the filing form for a foreign partnership. It is also available at RSCLaw.com. Section 901 — Partner's Interest in the U.S. Foreign Partnerships There are many ways to set up a foreign partnership. In this section, we discuss the three main ways: 1. a mutual agreement under Section 902 of the tax code. 2. a direct assignment under Section 903 of the tax code. 3. a contract under Section 904 of the tax code. We also look at the tax ramifications of a mutual agreement under Section 902 of the tax code.

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