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Form 8865 Minnesota: What You Should Know

ThisĀ  applies to you regardless of the type of partnership you have. You are also encouraged to complete Form 8865 if you areĀ  currently an attorney. Attorney partners should file Form 1120, Partner's Federal Income Tax Return. If you are a nonresident or foreign nonresident of the United States who are a partner in a U.S. partnership, you mustĀ  report all U.S. income on Form 8865 (see instructions). To date, the following persons have reported income on theĀ  Form 1120, Partner's Financial Report: The list of persons reporting on the Form 8865 includes the following types of partners: As explained below, a partnership is required to withhold taxes on U.S. source income of its partners, each partner being taxed at aĀ  maximum tax rate of 35 percent (including a foreign source tax which generally has its own tax rate at or less than 1%). Although a partnership is required to withhold any necessary taxes from partnership income (for example, any interest, dividends, fees, and otherĀ  substantial earnings), partners are not required to file Form 1040, U.S. Individual Income Tax Return with their PartnershipĀ  Tax Return, if they have a U.S. tax home. In addition, a partnership is required to withhold and report partnership tax on U.S. source income of its partners forĀ  the taxable year. The partnership is required to withhold and report a minimum of 28 percent of such partner's U.S. sourced income, but partnersĀ  may have more than 28 percent withheld. If a partnership has no U.S. source tax income, it is not required to withhold and report, and partnersĀ  are not required to file, any partnership tax return. Partnership tax returns are generally due on Form 1065, Partner'sĀ  U.S. Tax Return. If you are a partner of a partnership, you must complete Form 8865 and pay any applicable federal, state, or local taxes. If youĀ  are not a U.S. person but are not required to pay tax to any foreign country, you must complete and send Form 1120, Partner'sĀ  Federal Income Tax Return, to your foreign tax agent to collect any foreign tax. Although some non U.S. person partnerships may be resident within the United States, the partnership reportable income must beĀ  reported on Form 1120. A U.S.

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