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Form 8865: Return of U.S. Persons With Respect to Certain Foreign Partnerships

Form 8865 is used by certain U.S. persons to report information about interests, ownership, transactions, and other activities involving certain foreign partnerships.

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Introduction

Form 8865 is a federal information return used by certain U.S. persons who have an interest in, control, or certain transactions involving a foreign partnership. The form provides information about the foreign partnership and the U.S. persons connected with it.

 

Form 8865 can include information about ownership, contributions, distributions, income, deductions, assets, liabilities, and transactions between the partnership and related persons. The specific filing requirements depend on the U.S. person’s relationship with the foreign partnership and the type of activity involved.

What Is Form 8865?

Form 8865 is an information return used by certain U.S. persons to report information about certain foreign partnerships. The form may be required based on ownership, control, transfers, acquisitions, dispositions, or certain transactions involving the partnership.

 

Form 8865 may include information such as:

  • Foreign partnership identification information
  • U.S. partner information
  • Ownership interests
  • Changes in partnership ownership
  • Contributions to the partnership
  • Distributions from the partnership
  • Partnership income and deductions
  • Partnership assets and liabilities
  • Related-party transactions
  • Transfers of property
  • Other applicable partnership information

The specific schedules and information required depend on the taxpayer’s filing category and circumstances involving the foreign partnership.

Who Uses Form 8865?

Form 8865 may be required for certain U.S. persons who own an interest in, control, transfer property to, or conduct certain transactions with a foreign partnership. The filing requirements can apply to individuals, corporations, partnerships, trusts, and other U.S. persons when applicable.

 

Form 8865 may be relevant to:

  • U.S. persons who control certain foreign partnerships
  • U.S. persons with certain ownership interests in foreign partnerships
  • U.S. persons who acquire or dispose of certain foreign partnership interests
  • U.S. persons who contribute property to certain foreign partnerships
  • U.S. persons involved in certain transactions with foreign partnerships
  • Certain U.S. partners in foreign partnerships

Not every U.S. person with a foreign partnership interest is required to file Form 8865. The filing requirements depend on the person’s filing category and the circumstances involving the foreign partnership.

What Information Is Needed?

The information needed to complete Form 8865 generally includes information about the U.S. person, the foreign partnership, ownership interests, contributions, distributions, income, assets, liabilities, and applicable transactions. The required information can vary depending on the filing category.

 

You may need:

  • U.S. partner information
  • Foreign partnership name and identifying information
  • Foreign partnership address
  • Country where the partnership was organized
  • Partnership ownership information
  • Partner information
  • Contributions and distributions
  • Partnership income and deductions
  • Partnership assets and liabilities
  • Property transfer information
  • Related-party transaction information
  • Ownership changes
  • Supporting partnership and financial records

Keep records supporting the information reported on Form 8865.

How to Fill Out/Complete Form 8865

Form 8865 contains multiple schedules used to report different types of information about a foreign partnership and its U.S. partners. The schedules that apply depend on the taxpayer’s filing category and the activities of the foreign partnership.

 

Complete the applicable sections and schedules using the foreign partnership’s partnership agreement, financial statements, accounting records, ownership records, and other supporting information. Not every schedule will apply to every taxpayer.

 

Section 1

Section 1 generally provides identifying information about the foreign partnership and the U.S. person filing the form. This information establishes the partnership and the person responsible for the applicable filing.

 

Enter the requested information carefully and make sure it agrees with the partnership’s records and the U.S. person’s federal tax return.

 

Section 2

Section 2 generally provides information about the U.S. partner and the partner’s relationship with the foreign partnership. Information may include ownership percentages, interests, and other applicable partnership information.

 

Provide the requested partner information and make sure ownership information agrees with the partnership agreement and other supporting records.

 

Schedule A

Schedule A generally provides information about the ownership of the foreign partnership. This may include information about partners, ownership percentages, and changes in ownership.

 

Review the partnership’s ownership records and report the applicable information accurately. Keep documentation supporting ownership interests and ownership changes.

 

Schedule B

Schedule B generally provides information about the income and financial activities of the foreign partnership. It may include information about income, deductions, gains, losses, and other applicable financial amounts.

 

Use the foreign partnership’s accounting and financial records to complete the applicable information. Make sure the reported amounts are supported by the partnership’s records.

 

Schedule B-1

Schedule B-1 generally provides information about certain partners of the foreign partnership. The information may include ownership and identifying information for applicable partners.

 

Complete the schedule when applicable and make sure the information agrees with the partnership’s ownership records.

 

Schedule C

Schedule C generally provides information about the foreign partnership’s income statement. It may include income, expenses, gains, losses, and other financial information.

 

Use the partnership’s financial records to complete the applicable income statement information. Review the amounts for consistency with the partnership’s accounting records.

 

Schedule D

Schedule D generally provides information about changes in the partnership’s ownership or other applicable partnership interests. This may include acquisitions, dispositions, or other changes affecting ownership.

 

Report applicable ownership changes using the partnership’s records and supporting transaction documentation.

 

Schedule E

Schedule E generally provides information about foreign taxes paid or accrued by the foreign partnership or other applicable tax information.

 

Use available foreign tax records and supporting documentation when completing the applicable information. Make sure the amounts agree with the partnership’s records.

 

Schedule F

Schedule F generally provides information about the balance sheet of the foreign partnership. It may include information about assets, liabilities, and other financial balances.

 

Complete the applicable balance sheet information using the partnership’s financial records and supporting documentation.

 

Schedule G

Schedule G generally provides additional information about the foreign partnership and its activities. The questions may address ownership, contributions, distributions, transfers, transactions, or other applicable matters.

 

Answer the applicable questions based on the partnership’s records and the U.S. person’s circumstances. Provide additional information when required.

 

Schedule H

Schedule H generally provides information used to report certain current income or other applicable partnership amounts. The information may be used to determine the U.S. partner’s applicable share of partnership activity.

 

Complete the applicable calculations using the partnership’s financial and tax information. Maintain supporting records for the amounts reported.

 

Schedule I

Schedule I generally provides information about the U.S. partner’s distributive share of certain partnership income, deductions, gains, losses, or other amounts.

 

Use the partnership’s tax information and applicable records to report the U.S. partner’s share. Make sure the information is consistent with the partnership’s records and the taxpayer’s federal tax return.

 

Schedule K

Schedule K generally provides information about the foreign partnership’s income, deductions, credits, and other applicable tax items.

 

Complete the applicable information using the partnership’s financial and tax records. Review the amounts for consistency with other applicable schedules.

 

Schedule K-1

Schedule K-1 generally provides information about a partner’s share of the foreign partnership’s income, deductions, credits, and other applicable items.

 

Use the partnership’s records to prepare the applicable partner information. The amounts reported should be consistent with the partnership’s records and the partner’s tax reporting.

 

Schedule L

Schedule L generally provides information about the foreign partnership’s balance sheet and financial position.

 

Report the applicable assets, liabilities, and other financial information using the partnership’s accounting records. Review the balance sheet for consistency with the partnership’s financial statements.

 

Schedule M

Schedule M generally provides information about transactions between the foreign partnership and its partners or other related persons.

 

Review the partnership’s transaction records and identify applicable transactions. Report the required information accurately and retain supporting documentation.

 

Schedule N

Schedule N generally provides information about certain transfers of property involving the foreign partnership. This may include contributions or other transfers that are subject to applicable reporting requirements.

 

Review property transfer records and provide the applicable information about the property and transaction. Maintain supporting records for the reported transfer.

 

Additional Schedules and Information

Additional schedules or supporting information may be required depending on the U.S. person’s filing category, ownership interest, transfers, contributions, distributions, and other foreign partnership activities.

 

Review the completed Form 8865 to make sure all applicable schedules have been completed and that the information reported is consistent with the foreign partnership’s records.

 

Final Review

Review Form 8865 after completing all applicable sections and schedules. Check the U.S. partner information, foreign partnership information, ownership information, partner information, contributions, distributions, income, deductions, assets, liabilities, property transfers, related-party transactions, applicable schedules, supporting records, and final information reported.

 

A final review can help identify reporting errors before the form is submitted. U.S. persons should retain Form 8865, partnership agreements, ownership records, financial statements, accounting records, contribution and distribution records, transaction records, property records, tax documents, and other supporting records with their tax records.

Common Mistakes

Common Form 8865 mistakes can result from misunderstanding the filing category, reporting incorrect ownership information, overlooking contributions or distributions, or failing to complete all applicable schedules. Reviewing the foreign partnership’s records and the taxpayer’s ownership information can help reduce reporting errors.

 

Some common issues include:

  • Failing to recognize that Form 8865 may apply
  • Using the wrong filing category
  • Reporting incorrect partnership ownership
  • Failing to report changes in ownership
  • Reporting incorrect contributions or distributions
  • Reporting incorrect partnership income or deductions
  • Reporting incorrect assets or liabilities
  • Failing to report applicable property transfers
  • Failing to report related-party transactions
  • Leaving applicable schedules incomplete
  • Using inconsistent information between Form 8865 and the tax return
  • Failing to maintain supporting partnership and financial records

Review the completed Form 8865 carefully and make sure the information agrees with the foreign partnership’s records and other applicable tax filings.

Related IRS Forms

Form 8865 may be associated with other federal tax forms depending on the taxpayer’s ownership interest, foreign partnership activities, income, transactions, and other circumstances. Additional forms may be required to report foreign corporations, foreign disregarded entities, foreign financial assets, or other international activities.

 

Commonly related forms may include:

  • Form 1040, U.S. Individual Income Tax Return
  • Form 5471, Information Return of U.S. Persons With Respect to Certain Foreign Corporations
  • Form 8858, Information Return of U.S. Persons With Respect to Foreign Disregarded Entities and Foreign Branches
  • Form 8938, Statement of Specified Foreign Financial Assets
  • Form 926, Return by a U.S. Transferor of Property to a Foreign Corporation
  • Form 1116, Foreign Tax Credit
  • Other forms or schedules that may apply to foreign partnerships or international tax matters

The forms required will depend on the taxpayer’s individual circumstances and the activities of the foreign partnership.

Where to File or Submit

Form 8865 is generally filed with the U.S. person’s applicable federal income tax return when required. The form is generally attached to the applicable federal return rather than being treated as a separate individual income tax return.

 

The applicable filing method can depend on the taxpayer, the type of federal return being filed, and the circumstances involving the foreign partnership. Review the filing requirements applicable to the reporting period before submitting Form 8865.

Current IRS Form & Instructions

Use the Form 8865 and instructions that apply to the tax year being filed. Federal tax forms and instructions may be revised over time, so taxpayers should use the appropriate version for the applicable reporting period.

 

The general information on this page is intended to remain useful across multiple tax years. Specific filing categories, ownership requirements, reporting rules, schedules, calculations, definitions, and other details may change and should be reviewed for the applicable tax year.

Important Information / Disclaimer

This Form 8865 guide is provided for general informational purposes only and is not tax, legal, or accounting advice. Foreign partnership reporting requirements can be complex, and the filing requirements may depend on ownership, control, transfers, contributions, distributions, transactions, income, and other circumstances.

 

Taxpayers should review the requirements applicable to the tax year being reported and consider consulting a qualified tax professional when dealing with foreign partnerships or other complex international tax matters. This page is intended as a general educational guide and should not be used as a substitute for reviewing the applicable tax forms, instructions, and tax rules.

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