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Form 8865 for South Carolina: What You Should Know
Form 8865- U.S. Persons and Foreign Partnerships Explained Jody A. Sills explains Form 8865, U.S. Persons and Foreign Partnerships. Learn about controlled foreign partnerships, transfers, and acquisitions. Form 8865, U.S. Persons Who Have Spent More than 15 Minutes in Other States, Foreign Countries, or U.S. Territories The IRS requires that you provide a nonresident alien individual (NRO) with a Form 8809 for each taxpayer who has spent more than 15 minutes, in another state, in the course of the taxpayer's business in the tax year. The Form 8809 is sent within 90 days after the taxpayer's taxable year-end and identifies each taxpayer, the taxpayer's U.S. residence address and the taxpayer's nonresident alien number, as indicated in the Form 8809. Form 8809 also contains instructions that provide basic information regarding the form and the right to file Form 8865, U.S. Persons Who Have Spent More Than 15 Minutes in Other States, Foreign Countries, or U.S. Territories with the IRS. A NRO with a Form 8809 is required to file Form 8865 for each taxpayer. Taxpayers who are a nonresident alien, who are not a U.S. citizen, or who do not qualify for a Form 8809 because of their nonresident alien status, are required to complete and send Form 8865A, Nonresident Aliens Who Have Spent More Than 15 Minutes in Other States, Foreign Countries, or U.S. Territories. This form must be filed with the U.S. Treasury (Internal Revenue Service) or a law enforcement agency within 90 days of the nonresident alien's tax year-end. The Form 8865A should also include instructions as shown on the instructions (see page 24 in Vol. 22). The instructions provide basic information as to who is a nonresident alien, which U.S. territory or state the taxpayer is required to file Form 8865 for, the form's procedures and filing requirements, procedures to determine nonresident aliens' residency in foreign countries, and procedures for obtaining a certificate of citizenship. Taxpayers that file Form 8865 with either the IRS or a law enforcement agency must provide the information set forth in the instructions and must report the nonresident alien's tax on a separate Schedule N. The Schedule N will only be used to determine net investment income.
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