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AK Form 8865: What You Should Know
S. Partner of the same type was involved in the foreign partnership or S corporation. FAQ 21. For a partnership consisting entirely of domestic employees, who received all the income for the partnership, Form 8865 is required. However, for partnerships consisting entirely of foreign employees, who received all the income for the partnership, Form 8865 is no longer required. FAQ 22. The partnership or S corporation is treated as a foreign partnership or S corporation for income tax reporting purposes, as a partnership or S corporation for purposes of applying section 877 of the Internal Revenue Code. FAQ 23. The partner of a partnership or S corporation who receives dividends from the partnership or S corporation as a partner does not report, on Form 8865, the partnership income. Questions to Consider If you have an international partnership, S corporation, or filer of Form 8865, you should not file a Form 8865 for each partnership, S corporation, filer or each foreign partner and the U.S. person(s) who are the foreign partners. If you have multiple partnerships, filers of Form 8865, you should not combine them into a form 8865. If you file Form 8865 for each partnership, filer, or U.S. person listed, you must file it if there is a partnership or filer of Form 8865. Otherwise, file one form, Form 8865. Forms 4797 or 8512 (for partnerships and filers of Form 8865, partners and U.S. persons) do not need to be filed. Additional Forms that You Should File Related to Form 8938 — The Tax Adviser The following may need to be filed: All schedules: U.S. personal and foreign partner schedules, Form 3800-T, Form 4002, Form 8820, Form 8765, Form 11002, or Form 11002A. Certifications whether foreign partnership income was reported by the partnership, filer, U.S. partner, foreign partnership, or foreign filer by Form 8938. Certifications whether certain income was reported by the partnership by Form 8938. Information regarding your Form 8938 filed, Form 8865 (or Form 8865-PF) filed, if you had domestic partnership income.
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