Screen 8804 - Section 1446 - Forms 8804, 8805, 8813 and 7004 (1065)

Electronic Filing Notes

  • Forms 8804, 8805, and 8813 are filed separately from Form 1065; therefore, the IRS does not support these forms for electronic filing.
  • The IRS supports Form 7004 for electronic filing; therefore, Form 7004 to extend Form 8804 can be electronically filed.

General Information

Use this section to enter general information for Forms 8804 and 8805. To indicate a partner is a foreign partner, mark the
Foreign
field in the Partner tab in the Partner Information window in Partner Data Entry. Then, to indicate that the foreign partner qualifies for section 1446 withholding, use the fields in the Form 8805 information group box in the Federal tab to enter the foreign country code and the account number assigned by the partnership (if any) and to indicate whether the partnership income is exempt from U.S. tax for the partner. The application produces a Form 8805 for each partner that has a foreign country code.
Enter
X
to mark the corresponding checkbox on Form 8804 and to extend the due date of Form 8804 an additional two months. Use the statement for the
Filing under section 1.6081-5
field in the Extension Information section to enter the reason the return qualifies for the additional two months.
The application defaults to the partnership as the withholding agent. If the partnership was not the withholding agent, use these fields to enter the applicable information. If you leave these fields blank, "SAME" prints on Forms 8804 and 8805.

Effectively Connected Taxable Income

Use this section to force the effectively connected taxable income allocable to foreign partners and to enter reductions to effectively connected taxable income for Form 8804, Page 1, Part III, Section 1446 Tax Liability and Payments.
  • For non-corporate partners, the application defines effectively connected net ordinary income as the sum of Schedule K, lines 1, 2, 3c, 5, 6a, 7, 8, and 11 less lines 6b, 12, and 13d.
  • For corporate partners, the application defines effectively connected net ordinary income as the sum of Schedule K, lines 1, 2, 3c, 5, 6a, 7, 8, 9a, 10, and 11 less lines 12 and 13d.
The application automatically calculates the effectively connected taxable 28 percent rate gain, unrecaptured section 1250 gain, and adjusted net capital gain (including qualified dividend income and net section 1231 gain) for non-corporate foreign partners. Enter an amount to force the calculated amount.

Payments and Withholding

Enter the section 1446 tax credited from the prior year Form 8804 and tax payments made by the partnership for the current year in the applicable fields. These amounts combine with the amount in the Amount paid with extension field and transfer to Form 8804, Payments of section 1446 tax made by the partnership.
Enter the amount paid with Form 7004. This amount combines with the amounts in the Section 1446 tax credited from prior year Form 8804 field and the Section 1446 tax payments made by partnership field and transfers to Form 8804, Payments of section 1446 tax made by the partnership.

Extension Information

Use the statement to enter the reason the partnership qualifies to file under Regulations section 1.6081-5. The application attaches this statement to Form 8804. To extend the due date of Form 8804 an additional two months, enter
X
in the
Partnership keeps records and books of account outside United States and Puerto Rico
field in the General Information section.
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