Form 8858 Information Return: A Complete Guide for 2014

What the Form Is For

Form 8858, “Information Return of U.S. Persons With Respect to Foreign Disregarded Entities,” is a specialized IRS reporting form designed to capture detailed financial and operational information about foreign business entities that U.S. taxpayers own or control. Think of it as the IRS's window into your foreign business activities—it ensures that the government knows about your overseas operations even when those entities aren't treated as separate legal entities for U.S. tax purposes.

A foreign disregarded entity (FDE) is a business created outside the United States that isn't recognized as separate from its owner for U.S. tax purposes. Common examples include single-member LLCs formed in countries like Canada or the United Kingdom. While these entities might be separate legal entities under foreign law, the IRS treats them as extensions of their owners—similar to how a sole proprietorship works domestically. All income flows directly to the owner's personal tax return, but the IRS still wants to know the details through Form 8858.

The form collects comprehensive information including the entity's identification details, organizational structure, complete financial statements (income statement and balance sheet), ownership chains, and related-party transactions. It serves multiple purposes: it helps the IRS track potential tax avoidance, ensures proper foreign tax credit calculations, monitors cross-border transactions, and provides data for international tax policy development.

When You’d Use It (Late/Amended Filing)

Filing Deadlines for 2014

For the 2014 tax year, Form 8858 was due when your regular income tax return was due, including any extensions.
If you filed Form 1040 as an individual, your Form 8858 was due by April 15, 2015 (or October 15, 2015 with an extension). Corporate filers had different deadlines based on their fiscal year-end.

Late Filing

If you missed the original deadline, you should file Form 8858 as soon as possible, even without being contacted by the IRS. Attach it to your original return's corresponding year by filing it separately with the IRS service center where you filed your original return. The sooner you file, the better your position for requesting reasonable cause penalty relief.

Amended Returns

If you discover errors on a previously filed Form 8858—such as incorrect financial figures, missing schedules, or wrong ownership percentages—you must file an amended version. Write “AMENDED RETURN” prominently at the top of the form. Complete the entire form with corrected information (not just the changes) and attach a detailed explanation of what you're correcting and why. File the amended Form 8858 by attaching it to an amended income tax return (Form 1040X for individuals or the appropriate amended return for other entity types) or by sending it separately to the same IRS service center that processed your original return.

The IRS doesn't have a statute of limitations for unfiled information returns, meaning they can assess penalties indefinitely if you never file. This makes timely corrective action crucial.

Key Rules for 2014

Who Must File

Several categories of U.S. persons must file Form 8858:

  • Direct Tax Owners: Any U.S. person (individual, corporation, partnership, trust, or estate) who directly owns an FDE at any time during their tax year must file. Complete the entire Form 8858 but omit Schedule M.
  • Indirect Owners Through CFCs: U.S. persons required to file Form 5471 (for controlled foreign corporations) as Category 4 or 5 filers must also file Form 8858 if that CFC owns an FDE. Complete the entire form including Schedule M.
  • Indirect Owners Through CFPs: U.S. persons required to file Form 8865 (for controlled foreign partnerships) as Category 1 or 2 filers must file Form 8858 if that partnership owns an FDE. Complete the entire form including Schedule M.

Other Filing Rules

  • Separate Forms Required: You must file a separate Form 8858 for each FDE you own or control.
  • Currency and Language Requirements: All information must be in English and in U.S. dollars unless otherwise specified.
  • Required Attachments: Include an organizational chart showing ownership relationships and percentages, tax classifications, and countries of organization.

Step-by-Step Filing (High Level)

Step 1: Gather Identification Information

Collect all identifying details: filer info, FDE info, and intermediate owner details.

Step 2: Determine the Accounting Period

Typically matches the tax owner's tax year (calendar year for most individuals).

Step 3: Create the Organizational Chart

Include ownership percentages, entity names, tax classifications, and countries of organization.

Step 4: Complete Schedule C (Income Statement)

Report the FDE’s income and expenses in both functional currency and U.S. dollars using GAAP.

Step 5: Complete Schedule F (Balance Sheet)

Provide beginning and end-of-year balance sheets showing assets, liabilities, and equity.

Step 6: Complete Schedule G (Other Information)

Answer detailed operational questions about the FDE’s activities and transactions.

Step 7: Complete Schedule H (Current Earnings and Profits)

Calculate current E&P or taxable income starting with net income and adjustments.

Step 8: Complete Schedule M (If Required)

Report related-party transactions between the FDE and its owner(s).

Step 9: Review and Attach

Attach Form 8858 to your income or information return (e.g., 5471, 8865) and e-file if supported.

Common Mistakes and How to Avoid Them

Mistake #1: Failing to File for Dormant Entities

Even dormant or inactive FDEs require filing. Use simplified procedures when applicable.

Mistake #2: Inconsistent Reference ID Numbers

Use one consistent reference ID each year and document it carefully.

Mistake #3: Missing Organizational Charts

Always attach a complete ownership chart with all entities, percentages, and classifications.

Mistake #4: Improper Currency Translation

Use the average exchange rate for the year under Section 989(b), not the year-end rate.

Mistake #5: Omitting Required Schedules

Review filing categories carefully to ensure all required schedules are completed.

Mistake #6: Not Filing Separate Forms for Multiple FDEs

File a separate Form 8858 for each entity owned or controlled.

Mistake #7: Missing the Filing Deadline

Mark the due date alongside your tax return due date—there’s no separate deadline.

What Happens After You File

Immediate Processing

Form 8858 is informational and doesn’t generate a refund or balance due.

Data Matching and Analysis

IRS systems match data from Form 8858 with other international filings for consistency.

Record Retention

Keep copies for at least three years, preferably six, due to extended international review periods.

Audit Potential

Complex or inconsistent data may trigger an audit. Accurate filing reduces that risk.

Future Year Compliance

IRS expects consistency across years, including identical reference IDs and ownership chains.

No News Is Good News

If you receive no correspondence, your filing was likely accepted without issue.

FAQs

Q1: What's the difference between Form 8858 and Form 5471?

Form 5471 reports controlled foreign corporations; Form 8858 reports foreign disregarded entities. Some taxpayers must file both if their structures involve both.

Q2: What penalties apply for late or incorrect filing?

Penalties start at $10,000 per FDE per year and can increase up to $50,000, plus foreign tax credit reductions. Reasonable cause relief may apply.

Q3: Can I file Form 8858 electronically?

Yes. Attach it to your electronically filed Form 1040, 1120, 1065, etc., if your software supports it.

Q4: What if I discover I should have filed but didn’t?

File as soon as possible with a reasonable cause statement. The IRS can assess penalties indefinitely for unfiled forms.

Q5: Do I need to file if my FDE had zero income?

Yes. You can file a simplified version for dormant entities by completing identification sections and checking the inactivity box.

Q6: How do I determine the functional currency?

Use the primary currency of the FDE’s main economic environment per GAAP rules.

Q7: What if my FDE had multiple direct owners?

List the primary owner on Line 4 and attach a statement with details for additional owners, including ownership changes during the year.

For More Information

  • IRS Form 8858 Page
  • 2013 Form 8858 Instructions (Applicable for 2014 Tax Year)
  • 2013 Form 8858 (Applicable for 2014 Tax Year)

This summary provides general information about Form 8858 for the 2014 tax year based on official IRS sources. It is not intended as tax advice. Consult a qualified tax professional for guidance on your specific situation.

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Frequently Asked Questions

Form 8858 Information Return: A Complete Guide for 2014

What the Form Is For

Form 8858, “Information Return of U.S. Persons With Respect to Foreign Disregarded Entities,” is a specialized IRS reporting form designed to capture detailed financial and operational information about foreign business entities that U.S. taxpayers own or control. Think of it as the IRS's window into your foreign business activities—it ensures that the government knows about your overseas operations even when those entities aren't treated as separate legal entities for U.S. tax purposes.

A foreign disregarded entity (FDE) is a business created outside the United States that isn't recognized as separate from its owner for U.S. tax purposes. Common examples include single-member LLCs formed in countries like Canada or the United Kingdom. While these entities might be separate legal entities under foreign law, the IRS treats them as extensions of their owners—similar to how a sole proprietorship works domestically. All income flows directly to the owner's personal tax return, but the IRS still wants to know the details through Form 8858.

The form collects comprehensive information including the entity's identification details, organizational structure, complete financial statements (income statement and balance sheet), ownership chains, and related-party transactions. It serves multiple purposes: it helps the IRS track potential tax avoidance, ensures proper foreign tax credit calculations, monitors cross-border transactions, and provides data for international tax policy development.

When You’d Use It (Late/Amended Filing)

Filing Deadlines for 2014

For the 2014 tax year, Form 8858 was due when your regular income tax return was due, including any extensions.
If you filed Form 1040 as an individual, your Form 8858 was due by April 15, 2015 (or October 15, 2015 with an extension). Corporate filers had different deadlines based on their fiscal year-end.

Late Filing

If you missed the original deadline, you should file Form 8858 as soon as possible, even without being contacted by the IRS. Attach it to your original return's corresponding year by filing it separately with the IRS service center where you filed your original return. The sooner you file, the better your position for requesting reasonable cause penalty relief.

Amended Returns

If you discover errors on a previously filed Form 8858—such as incorrect financial figures, missing schedules, or wrong ownership percentages—you must file an amended version. Write “AMENDED RETURN” prominently at the top of the form. Complete the entire form with corrected information (not just the changes) and attach a detailed explanation of what you're correcting and why. File the amended Form 8858 by attaching it to an amended income tax return (Form 1040X for individuals or the appropriate amended return for other entity types) or by sending it separately to the same IRS service center that processed your original return.

The IRS doesn't have a statute of limitations for unfiled information returns, meaning they can assess penalties indefinitely if you never file. This makes timely corrective action crucial.

Key Rules for 2014

Who Must File

Several categories of U.S. persons must file Form 8858:

  • Direct Tax Owners: Any U.S. person (individual, corporation, partnership, trust, or estate) who directly owns an FDE at any time during their tax year must file. Complete the entire Form 8858 but omit Schedule M.
  • Indirect Owners Through CFCs: U.S. persons required to file Form 5471 (for controlled foreign corporations) as Category 4 or 5 filers must also file Form 8858 if that CFC owns an FDE. Complete the entire form including Schedule M.
  • Indirect Owners Through CFPs: U.S. persons required to file Form 8865 (for controlled foreign partnerships) as Category 1 or 2 filers must file Form 8858 if that partnership owns an FDE. Complete the entire form including Schedule M.

Other Filing Rules

  • Separate Forms Required: You must file a separate Form 8858 for each FDE you own or control.
  • Currency and Language Requirements: All information must be in English and in U.S. dollars unless otherwise specified.
  • Required Attachments: Include an organizational chart showing ownership relationships and percentages, tax classifications, and countries of organization.

Step-by-Step Filing (High Level)

Step 1: Gather Identification Information

Collect all identifying details: filer info, FDE info, and intermediate owner details.

Step 2: Determine the Accounting Period

Typically matches the tax owner's tax year (calendar year for most individuals).

Step 3: Create the Organizational Chart

Include ownership percentages, entity names, tax classifications, and countries of organization.

Step 4: Complete Schedule C (Income Statement)

Report the FDE’s income and expenses in both functional currency and U.S. dollars using GAAP.

Step 5: Complete Schedule F (Balance Sheet)

Provide beginning and end-of-year balance sheets showing assets, liabilities, and equity.

Step 6: Complete Schedule G (Other Information)

Answer detailed operational questions about the FDE’s activities and transactions.

Step 7: Complete Schedule H (Current Earnings and Profits)

Calculate current E&P or taxable income starting with net income and adjustments.

Step 8: Complete Schedule M (If Required)

Report related-party transactions between the FDE and its owner(s).

Step 9: Review and Attach

Attach Form 8858 to your income or information return (e.g., 5471, 8865) and e-file if supported.

Common Mistakes and How to Avoid Them

Mistake #1: Failing to File for Dormant Entities

Even dormant or inactive FDEs require filing. Use simplified procedures when applicable.

Mistake #2: Inconsistent Reference ID Numbers

Use one consistent reference ID each year and document it carefully.

Mistake #3: Missing Organizational Charts

Always attach a complete ownership chart with all entities, percentages, and classifications.

Mistake #4: Improper Currency Translation

Use the average exchange rate for the year under Section 989(b), not the year-end rate.

Mistake #5: Omitting Required Schedules

Review filing categories carefully to ensure all required schedules are completed.

Mistake #6: Not Filing Separate Forms for Multiple FDEs

File a separate Form 8858 for each entity owned or controlled.

Mistake #7: Missing the Filing Deadline

Mark the due date alongside your tax return due date—there’s no separate deadline.

What Happens After You File

Immediate Processing

Form 8858 is informational and doesn’t generate a refund or balance due.

Data Matching and Analysis

IRS systems match data from Form 8858 with other international filings for consistency.

Record Retention

Keep copies for at least three years, preferably six, due to extended international review periods.

Audit Potential

Complex or inconsistent data may trigger an audit. Accurate filing reduces that risk.

Future Year Compliance

IRS expects consistency across years, including identical reference IDs and ownership chains.

No News Is Good News

If you receive no correspondence, your filing was likely accepted without issue.

FAQs

Q1: What's the difference between Form 8858 and Form 5471?

Form 5471 reports controlled foreign corporations; Form 8858 reports foreign disregarded entities. Some taxpayers must file both if their structures involve both.

Q2: What penalties apply for late or incorrect filing?

Penalties start at $10,000 per FDE per year and can increase up to $50,000, plus foreign tax credit reductions. Reasonable cause relief may apply.

Q3: Can I file Form 8858 electronically?

Yes. Attach it to your electronically filed Form 1040, 1120, 1065, etc., if your software supports it.

Q4: What if I discover I should have filed but didn’t?

File as soon as possible with a reasonable cause statement. The IRS can assess penalties indefinitely for unfiled forms.

Q5: Do I need to file if my FDE had zero income?

Yes. You can file a simplified version for dormant entities by completing identification sections and checking the inactivity box.

Q6: How do I determine the functional currency?

Use the primary currency of the FDE’s main economic environment per GAAP rules.

Q7: What if my FDE had multiple direct owners?

List the primary owner on Line 4 and attach a statement with details for additional owners, including ownership changes during the year.

For More Information

  • IRS Form 8858 Page
  • 2013 Form 8858 Instructions (Applicable for 2014 Tax Year)
  • 2013 Form 8858 (Applicable for 2014 Tax Year)

This summary provides general information about Form 8858 for the 2014 tax year based on official IRS sources. It is not intended as tax advice. Consult a qualified tax professional for guidance on your specific situation.

Frequently Asked Questions

No items found.

Form 8858 Information Return: A Complete Guide for 2014

What the Form Is For

Form 8858, “Information Return of U.S. Persons With Respect to Foreign Disregarded Entities,” is a specialized IRS reporting form designed to capture detailed financial and operational information about foreign business entities that U.S. taxpayers own or control. Think of it as the IRS's window into your foreign business activities—it ensures that the government knows about your overseas operations even when those entities aren't treated as separate legal entities for U.S. tax purposes.

A foreign disregarded entity (FDE) is a business created outside the United States that isn't recognized as separate from its owner for U.S. tax purposes. Common examples include single-member LLCs formed in countries like Canada or the United Kingdom. While these entities might be separate legal entities under foreign law, the IRS treats them as extensions of their owners—similar to how a sole proprietorship works domestically. All income flows directly to the owner's personal tax return, but the IRS still wants to know the details through Form 8858.

The form collects comprehensive information including the entity's identification details, organizational structure, complete financial statements (income statement and balance sheet), ownership chains, and related-party transactions. It serves multiple purposes: it helps the IRS track potential tax avoidance, ensures proper foreign tax credit calculations, monitors cross-border transactions, and provides data for international tax policy development.

When You’d Use It (Late/Amended Filing)

Filing Deadlines for 2014

For the 2014 tax year, Form 8858 was due when your regular income tax return was due, including any extensions.
If you filed Form 1040 as an individual, your Form 8858 was due by April 15, 2015 (or October 15, 2015 with an extension). Corporate filers had different deadlines based on their fiscal year-end.

Late Filing

If you missed the original deadline, you should file Form 8858 as soon as possible, even without being contacted by the IRS. Attach it to your original return's corresponding year by filing it separately with the IRS service center where you filed your original return. The sooner you file, the better your position for requesting reasonable cause penalty relief.

Amended Returns

If you discover errors on a previously filed Form 8858—such as incorrect financial figures, missing schedules, or wrong ownership percentages—you must file an amended version. Write “AMENDED RETURN” prominently at the top of the form. Complete the entire form with corrected information (not just the changes) and attach a detailed explanation of what you're correcting and why. File the amended Form 8858 by attaching it to an amended income tax return (Form 1040X for individuals or the appropriate amended return for other entity types) or by sending it separately to the same IRS service center that processed your original return.

The IRS doesn't have a statute of limitations for unfiled information returns, meaning they can assess penalties indefinitely if you never file. This makes timely corrective action crucial.

Key Rules for 2014

Who Must File

Several categories of U.S. persons must file Form 8858:

  • Direct Tax Owners: Any U.S. person (individual, corporation, partnership, trust, or estate) who directly owns an FDE at any time during their tax year must file. Complete the entire Form 8858 but omit Schedule M.
  • Indirect Owners Through CFCs: U.S. persons required to file Form 5471 (for controlled foreign corporations) as Category 4 or 5 filers must also file Form 8858 if that CFC owns an FDE. Complete the entire form including Schedule M.
  • Indirect Owners Through CFPs: U.S. persons required to file Form 8865 (for controlled foreign partnerships) as Category 1 or 2 filers must file Form 8858 if that partnership owns an FDE. Complete the entire form including Schedule M.

Other Filing Rules

  • Separate Forms Required: You must file a separate Form 8858 for each FDE you own or control.
  • Currency and Language Requirements: All information must be in English and in U.S. dollars unless otherwise specified.
  • Required Attachments: Include an organizational chart showing ownership relationships and percentages, tax classifications, and countries of organization.

Step-by-Step Filing (High Level)

Step 1: Gather Identification Information

Collect all identifying details: filer info, FDE info, and intermediate owner details.

Step 2: Determine the Accounting Period

Typically matches the tax owner's tax year (calendar year for most individuals).

Step 3: Create the Organizational Chart

Include ownership percentages, entity names, tax classifications, and countries of organization.

Step 4: Complete Schedule C (Income Statement)

Report the FDE’s income and expenses in both functional currency and U.S. dollars using GAAP.

Step 5: Complete Schedule F (Balance Sheet)

Provide beginning and end-of-year balance sheets showing assets, liabilities, and equity.

Step 6: Complete Schedule G (Other Information)

Answer detailed operational questions about the FDE’s activities and transactions.

Step 7: Complete Schedule H (Current Earnings and Profits)

Calculate current E&P or taxable income starting with net income and adjustments.

Step 8: Complete Schedule M (If Required)

Report related-party transactions between the FDE and its owner(s).

Step 9: Review and Attach

Attach Form 8858 to your income or information return (e.g., 5471, 8865) and e-file if supported.

Common Mistakes and How to Avoid Them

Mistake #1: Failing to File for Dormant Entities

Even dormant or inactive FDEs require filing. Use simplified procedures when applicable.

Mistake #2: Inconsistent Reference ID Numbers

Use one consistent reference ID each year and document it carefully.

Mistake #3: Missing Organizational Charts

Always attach a complete ownership chart with all entities, percentages, and classifications.

Mistake #4: Improper Currency Translation

Use the average exchange rate for the year under Section 989(b), not the year-end rate.

Mistake #5: Omitting Required Schedules

Review filing categories carefully to ensure all required schedules are completed.

Mistake #6: Not Filing Separate Forms for Multiple FDEs

File a separate Form 8858 for each entity owned or controlled.

Mistake #7: Missing the Filing Deadline

Mark the due date alongside your tax return due date—there’s no separate deadline.

What Happens After You File

Immediate Processing

Form 8858 is informational and doesn’t generate a refund or balance due.

Data Matching and Analysis

IRS systems match data from Form 8858 with other international filings for consistency.

Record Retention

Keep copies for at least three years, preferably six, due to extended international review periods.

Audit Potential

Complex or inconsistent data may trigger an audit. Accurate filing reduces that risk.

Future Year Compliance

IRS expects consistency across years, including identical reference IDs and ownership chains.

No News Is Good News

If you receive no correspondence, your filing was likely accepted without issue.

FAQs

Q1: What's the difference between Form 8858 and Form 5471?

Form 5471 reports controlled foreign corporations; Form 8858 reports foreign disregarded entities. Some taxpayers must file both if their structures involve both.

Q2: What penalties apply for late or incorrect filing?

Penalties start at $10,000 per FDE per year and can increase up to $50,000, plus foreign tax credit reductions. Reasonable cause relief may apply.

Q3: Can I file Form 8858 electronically?

Yes. Attach it to your electronically filed Form 1040, 1120, 1065, etc., if your software supports it.

Q4: What if I discover I should have filed but didn’t?

File as soon as possible with a reasonable cause statement. The IRS can assess penalties indefinitely for unfiled forms.

Q5: Do I need to file if my FDE had zero income?

Yes. You can file a simplified version for dormant entities by completing identification sections and checking the inactivity box.

Q6: How do I determine the functional currency?

Use the primary currency of the FDE’s main economic environment per GAAP rules.

Q7: What if my FDE had multiple direct owners?

List the primary owner on Line 4 and attach a statement with details for additional owners, including ownership changes during the year.

For More Information

  • IRS Form 8858 Page
  • 2013 Form 8858 Instructions (Applicable for 2014 Tax Year)
  • 2013 Form 8858 (Applicable for 2014 Tax Year)

This summary provides general information about Form 8858 for the 2014 tax year based on official IRS sources. It is not intended as tax advice. Consult a qualified tax professional for guidance on your specific situation.

Frequently Asked Questions

Form 8858 Information Return: A Complete Guide for 2014

What the Form Is For

Form 8858, “Information Return of U.S. Persons With Respect to Foreign Disregarded Entities,” is a specialized IRS reporting form designed to capture detailed financial and operational information about foreign business entities that U.S. taxpayers own or control. Think of it as the IRS's window into your foreign business activities—it ensures that the government knows about your overseas operations even when those entities aren't treated as separate legal entities for U.S. tax purposes.

A foreign disregarded entity (FDE) is a business created outside the United States that isn't recognized as separate from its owner for U.S. tax purposes. Common examples include single-member LLCs formed in countries like Canada or the United Kingdom. While these entities might be separate legal entities under foreign law, the IRS treats them as extensions of their owners—similar to how a sole proprietorship works domestically. All income flows directly to the owner's personal tax return, but the IRS still wants to know the details through Form 8858.

The form collects comprehensive information including the entity's identification details, organizational structure, complete financial statements (income statement and balance sheet), ownership chains, and related-party transactions. It serves multiple purposes: it helps the IRS track potential tax avoidance, ensures proper foreign tax credit calculations, monitors cross-border transactions, and provides data for international tax policy development.

When You’d Use It (Late/Amended Filing)

Filing Deadlines for 2014

For the 2014 tax year, Form 8858 was due when your regular income tax return was due, including any extensions.
If you filed Form 1040 as an individual, your Form 8858 was due by April 15, 2015 (or October 15, 2015 with an extension). Corporate filers had different deadlines based on their fiscal year-end.

Late Filing

If you missed the original deadline, you should file Form 8858 as soon as possible, even without being contacted by the IRS. Attach it to your original return's corresponding year by filing it separately with the IRS service center where you filed your original return. The sooner you file, the better your position for requesting reasonable cause penalty relief.

Amended Returns

If you discover errors on a previously filed Form 8858—such as incorrect financial figures, missing schedules, or wrong ownership percentages—you must file an amended version. Write “AMENDED RETURN” prominently at the top of the form. Complete the entire form with corrected information (not just the changes) and attach a detailed explanation of what you're correcting and why. File the amended Form 8858 by attaching it to an amended income tax return (Form 1040X for individuals or the appropriate amended return for other entity types) or by sending it separately to the same IRS service center that processed your original return.

The IRS doesn't have a statute of limitations for unfiled information returns, meaning they can assess penalties indefinitely if you never file. This makes timely corrective action crucial.

Key Rules for 2014

Who Must File

Several categories of U.S. persons must file Form 8858:

  • Direct Tax Owners: Any U.S. person (individual, corporation, partnership, trust, or estate) who directly owns an FDE at any time during their tax year must file. Complete the entire Form 8858 but omit Schedule M.
  • Indirect Owners Through CFCs: U.S. persons required to file Form 5471 (for controlled foreign corporations) as Category 4 or 5 filers must also file Form 8858 if that CFC owns an FDE. Complete the entire form including Schedule M.
  • Indirect Owners Through CFPs: U.S. persons required to file Form 8865 (for controlled foreign partnerships) as Category 1 or 2 filers must file Form 8858 if that partnership owns an FDE. Complete the entire form including Schedule M.

Other Filing Rules

  • Separate Forms Required: You must file a separate Form 8858 for each FDE you own or control.
  • Currency and Language Requirements: All information must be in English and in U.S. dollars unless otherwise specified.
  • Required Attachments: Include an organizational chart showing ownership relationships and percentages, tax classifications, and countries of organization.

Step-by-Step Filing (High Level)

Step 1: Gather Identification Information

Collect all identifying details: filer info, FDE info, and intermediate owner details.

Step 2: Determine the Accounting Period

Typically matches the tax owner's tax year (calendar year for most individuals).

Step 3: Create the Organizational Chart

Include ownership percentages, entity names, tax classifications, and countries of organization.

Step 4: Complete Schedule C (Income Statement)

Report the FDE’s income and expenses in both functional currency and U.S. dollars using GAAP.

Step 5: Complete Schedule F (Balance Sheet)

Provide beginning and end-of-year balance sheets showing assets, liabilities, and equity.

Step 6: Complete Schedule G (Other Information)

Answer detailed operational questions about the FDE’s activities and transactions.

Step 7: Complete Schedule H (Current Earnings and Profits)

Calculate current E&P or taxable income starting with net income and adjustments.

Step 8: Complete Schedule M (If Required)

Report related-party transactions between the FDE and its owner(s).

Step 9: Review and Attach

Attach Form 8858 to your income or information return (e.g., 5471, 8865) and e-file if supported.

Common Mistakes and How to Avoid Them

Mistake #1: Failing to File for Dormant Entities

Even dormant or inactive FDEs require filing. Use simplified procedures when applicable.

Mistake #2: Inconsistent Reference ID Numbers

Use one consistent reference ID each year and document it carefully.

Mistake #3: Missing Organizational Charts

Always attach a complete ownership chart with all entities, percentages, and classifications.

Mistake #4: Improper Currency Translation

Use the average exchange rate for the year under Section 989(b), not the year-end rate.

Mistake #5: Omitting Required Schedules

Review filing categories carefully to ensure all required schedules are completed.

Mistake #6: Not Filing Separate Forms for Multiple FDEs

File a separate Form 8858 for each entity owned or controlled.

Mistake #7: Missing the Filing Deadline

Mark the due date alongside your tax return due date—there’s no separate deadline.

What Happens After You File

Immediate Processing

Form 8858 is informational and doesn’t generate a refund or balance due.

Data Matching and Analysis

IRS systems match data from Form 8858 with other international filings for consistency.

Record Retention

Keep copies for at least three years, preferably six, due to extended international review periods.

Audit Potential

Complex or inconsistent data may trigger an audit. Accurate filing reduces that risk.

Future Year Compliance

IRS expects consistency across years, including identical reference IDs and ownership chains.

No News Is Good News

If you receive no correspondence, your filing was likely accepted without issue.

FAQs

Q1: What's the difference between Form 8858 and Form 5471?

Form 5471 reports controlled foreign corporations; Form 8858 reports foreign disregarded entities. Some taxpayers must file both if their structures involve both.

Q2: What penalties apply for late or incorrect filing?

Penalties start at $10,000 per FDE per year and can increase up to $50,000, plus foreign tax credit reductions. Reasonable cause relief may apply.

Q3: Can I file Form 8858 electronically?

Yes. Attach it to your electronically filed Form 1040, 1120, 1065, etc., if your software supports it.

Q4: What if I discover I should have filed but didn’t?

File as soon as possible with a reasonable cause statement. The IRS can assess penalties indefinitely for unfiled forms.

Q5: Do I need to file if my FDE had zero income?

Yes. You can file a simplified version for dormant entities by completing identification sections and checking the inactivity box.

Q6: How do I determine the functional currency?

Use the primary currency of the FDE’s main economic environment per GAAP rules.

Q7: What if my FDE had multiple direct owners?

List the primary owner on Line 4 and attach a statement with details for additional owners, including ownership changes during the year.

For More Information

  • IRS Form 8858 Page
  • 2013 Form 8858 Instructions (Applicable for 2014 Tax Year)
  • 2013 Form 8858 (Applicable for 2014 Tax Year)

This summary provides general information about Form 8858 for the 2014 tax year based on official IRS sources. It is not intended as tax advice. Consult a qualified tax professional for guidance on your specific situation.

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Speak with a licensed tax professional today. Stop garnishments, levies, or penalties fast.

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Frequently Asked Questions

Form 8858 Information Return: A Complete Guide for 2014

Heading

What the Form Is For

Form 8858, “Information Return of U.S. Persons With Respect to Foreign Disregarded Entities,” is a specialized IRS reporting form designed to capture detailed financial and operational information about foreign business entities that U.S. taxpayers own or control. Think of it as the IRS's window into your foreign business activities—it ensures that the government knows about your overseas operations even when those entities aren't treated as separate legal entities for U.S. tax purposes.

A foreign disregarded entity (FDE) is a business created outside the United States that isn't recognized as separate from its owner for U.S. tax purposes. Common examples include single-member LLCs formed in countries like Canada or the United Kingdom. While these entities might be separate legal entities under foreign law, the IRS treats them as extensions of their owners—similar to how a sole proprietorship works domestically. All income flows directly to the owner's personal tax return, but the IRS still wants to know the details through Form 8858.

The form collects comprehensive information including the entity's identification details, organizational structure, complete financial statements (income statement and balance sheet), ownership chains, and related-party transactions. It serves multiple purposes: it helps the IRS track potential tax avoidance, ensures proper foreign tax credit calculations, monitors cross-border transactions, and provides data for international tax policy development.

When You’d Use It (Late/Amended Filing)

Filing Deadlines for 2014

For the 2014 tax year, Form 8858 was due when your regular income tax return was due, including any extensions.
If you filed Form 1040 as an individual, your Form 8858 was due by April 15, 2015 (or October 15, 2015 with an extension). Corporate filers had different deadlines based on their fiscal year-end.

Late Filing

If you missed the original deadline, you should file Form 8858 as soon as possible, even without being contacted by the IRS. Attach it to your original return's corresponding year by filing it separately with the IRS service center where you filed your original return. The sooner you file, the better your position for requesting reasonable cause penalty relief.

Amended Returns

If you discover errors on a previously filed Form 8858—such as incorrect financial figures, missing schedules, or wrong ownership percentages—you must file an amended version. Write “AMENDED RETURN” prominently at the top of the form. Complete the entire form with corrected information (not just the changes) and attach a detailed explanation of what you're correcting and why. File the amended Form 8858 by attaching it to an amended income tax return (Form 1040X for individuals or the appropriate amended return for other entity types) or by sending it separately to the same IRS service center that processed your original return.

The IRS doesn't have a statute of limitations for unfiled information returns, meaning they can assess penalties indefinitely if you never file. This makes timely corrective action crucial.

Key Rules for 2014

Who Must File

Several categories of U.S. persons must file Form 8858:

  • Direct Tax Owners: Any U.S. person (individual, corporation, partnership, trust, or estate) who directly owns an FDE at any time during their tax year must file. Complete the entire Form 8858 but omit Schedule M.
  • Indirect Owners Through CFCs: U.S. persons required to file Form 5471 (for controlled foreign corporations) as Category 4 or 5 filers must also file Form 8858 if that CFC owns an FDE. Complete the entire form including Schedule M.
  • Indirect Owners Through CFPs: U.S. persons required to file Form 8865 (for controlled foreign partnerships) as Category 1 or 2 filers must file Form 8858 if that partnership owns an FDE. Complete the entire form including Schedule M.

Other Filing Rules

  • Separate Forms Required: You must file a separate Form 8858 for each FDE you own or control.
  • Currency and Language Requirements: All information must be in English and in U.S. dollars unless otherwise specified.
  • Required Attachments: Include an organizational chart showing ownership relationships and percentages, tax classifications, and countries of organization.

Step-by-Step Filing (High Level)

Step 1: Gather Identification Information

Collect all identifying details: filer info, FDE info, and intermediate owner details.

Step 2: Determine the Accounting Period

Typically matches the tax owner's tax year (calendar year for most individuals).

Step 3: Create the Organizational Chart

Include ownership percentages, entity names, tax classifications, and countries of organization.

Step 4: Complete Schedule C (Income Statement)

Report the FDE’s income and expenses in both functional currency and U.S. dollars using GAAP.

Step 5: Complete Schedule F (Balance Sheet)

Provide beginning and end-of-year balance sheets showing assets, liabilities, and equity.

Step 6: Complete Schedule G (Other Information)

Answer detailed operational questions about the FDE’s activities and transactions.

Step 7: Complete Schedule H (Current Earnings and Profits)

Calculate current E&P or taxable income starting with net income and adjustments.

Step 8: Complete Schedule M (If Required)

Report related-party transactions between the FDE and its owner(s).

Step 9: Review and Attach

Attach Form 8858 to your income or information return (e.g., 5471, 8865) and e-file if supported.

Common Mistakes and How to Avoid Them

Mistake #1: Failing to File for Dormant Entities

Even dormant or inactive FDEs require filing. Use simplified procedures when applicable.

Mistake #2: Inconsistent Reference ID Numbers

Use one consistent reference ID each year and document it carefully.

Mistake #3: Missing Organizational Charts

Always attach a complete ownership chart with all entities, percentages, and classifications.

Mistake #4: Improper Currency Translation

Use the average exchange rate for the year under Section 989(b), not the year-end rate.

Mistake #5: Omitting Required Schedules

Review filing categories carefully to ensure all required schedules are completed.

Mistake #6: Not Filing Separate Forms for Multiple FDEs

File a separate Form 8858 for each entity owned or controlled.

Mistake #7: Missing the Filing Deadline

Mark the due date alongside your tax return due date—there’s no separate deadline.

What Happens After You File

Immediate Processing

Form 8858 is informational and doesn’t generate a refund or balance due.

Data Matching and Analysis

IRS systems match data from Form 8858 with other international filings for consistency.

Record Retention

Keep copies for at least three years, preferably six, due to extended international review periods.

Audit Potential

Complex or inconsistent data may trigger an audit. Accurate filing reduces that risk.

Future Year Compliance

IRS expects consistency across years, including identical reference IDs and ownership chains.

No News Is Good News

If you receive no correspondence, your filing was likely accepted without issue.

FAQs

Q1: What's the difference between Form 8858 and Form 5471?

Form 5471 reports controlled foreign corporations; Form 8858 reports foreign disregarded entities. Some taxpayers must file both if their structures involve both.

Q2: What penalties apply for late or incorrect filing?

Penalties start at $10,000 per FDE per year and can increase up to $50,000, plus foreign tax credit reductions. Reasonable cause relief may apply.

Q3: Can I file Form 8858 electronically?

Yes. Attach it to your electronically filed Form 1040, 1120, 1065, etc., if your software supports it.

Q4: What if I discover I should have filed but didn’t?

File as soon as possible with a reasonable cause statement. The IRS can assess penalties indefinitely for unfiled forms.

Q5: Do I need to file if my FDE had zero income?

Yes. You can file a simplified version for dormant entities by completing identification sections and checking the inactivity box.

Q6: How do I determine the functional currency?

Use the primary currency of the FDE’s main economic environment per GAAP rules.

Q7: What if my FDE had multiple direct owners?

List the primary owner on Line 4 and attach a statement with details for additional owners, including ownership changes during the year.

For More Information

  • IRS Form 8858 Page
  • 2013 Form 8858 Instructions (Applicable for 2014 Tax Year)
  • 2013 Form 8858 (Applicable for 2014 Tax Year)

This summary provides general information about Form 8858 for the 2014 tax year based on official IRS sources. It is not intended as tax advice. Consult a qualified tax professional for guidance on your specific situation.

Form 8858 Information Return: A Complete Guide for 2014

Icon

Get Tax Help Now

Speak with a licensed tax professional today. Stop garnishments, levies, or penalties fast.

How did you hear about us? (Optional)

Thank you for submitting!

Your submission has been received!
Oops! Something went wrong while submitting the form.

Frequently Asked Questions

Form 8858 Information Return: A Complete Guide for 2014

What the Form Is For

Form 8858, “Information Return of U.S. Persons With Respect to Foreign Disregarded Entities,” is a specialized IRS reporting form designed to capture detailed financial and operational information about foreign business entities that U.S. taxpayers own or control. Think of it as the IRS's window into your foreign business activities—it ensures that the government knows about your overseas operations even when those entities aren't treated as separate legal entities for U.S. tax purposes.

A foreign disregarded entity (FDE) is a business created outside the United States that isn't recognized as separate from its owner for U.S. tax purposes. Common examples include single-member LLCs formed in countries like Canada or the United Kingdom. While these entities might be separate legal entities under foreign law, the IRS treats them as extensions of their owners—similar to how a sole proprietorship works domestically. All income flows directly to the owner's personal tax return, but the IRS still wants to know the details through Form 8858.

The form collects comprehensive information including the entity's identification details, organizational structure, complete financial statements (income statement and balance sheet), ownership chains, and related-party transactions. It serves multiple purposes: it helps the IRS track potential tax avoidance, ensures proper foreign tax credit calculations, monitors cross-border transactions, and provides data for international tax policy development.

When You’d Use It (Late/Amended Filing)

Filing Deadlines for 2014

For the 2014 tax year, Form 8858 was due when your regular income tax return was due, including any extensions.
If you filed Form 1040 as an individual, your Form 8858 was due by April 15, 2015 (or October 15, 2015 with an extension). Corporate filers had different deadlines based on their fiscal year-end.

Late Filing

If you missed the original deadline, you should file Form 8858 as soon as possible, even without being contacted by the IRS. Attach it to your original return's corresponding year by filing it separately with the IRS service center where you filed your original return. The sooner you file, the better your position for requesting reasonable cause penalty relief.

Amended Returns

If you discover errors on a previously filed Form 8858—such as incorrect financial figures, missing schedules, or wrong ownership percentages—you must file an amended version. Write “AMENDED RETURN” prominently at the top of the form. Complete the entire form with corrected information (not just the changes) and attach a detailed explanation of what you're correcting and why. File the amended Form 8858 by attaching it to an amended income tax return (Form 1040X for individuals or the appropriate amended return for other entity types) or by sending it separately to the same IRS service center that processed your original return.

The IRS doesn't have a statute of limitations for unfiled information returns, meaning they can assess penalties indefinitely if you never file. This makes timely corrective action crucial.

Key Rules for 2014

Who Must File

Several categories of U.S. persons must file Form 8858:

  • Direct Tax Owners: Any U.S. person (individual, corporation, partnership, trust, or estate) who directly owns an FDE at any time during their tax year must file. Complete the entire Form 8858 but omit Schedule M.
  • Indirect Owners Through CFCs: U.S. persons required to file Form 5471 (for controlled foreign corporations) as Category 4 or 5 filers must also file Form 8858 if that CFC owns an FDE. Complete the entire form including Schedule M.
  • Indirect Owners Through CFPs: U.S. persons required to file Form 8865 (for controlled foreign partnerships) as Category 1 or 2 filers must file Form 8858 if that partnership owns an FDE. Complete the entire form including Schedule M.

Other Filing Rules

  • Separate Forms Required: You must file a separate Form 8858 for each FDE you own or control.
  • Currency and Language Requirements: All information must be in English and in U.S. dollars unless otherwise specified.
  • Required Attachments: Include an organizational chart showing ownership relationships and percentages, tax classifications, and countries of organization.

Step-by-Step Filing (High Level)

Step 1: Gather Identification Information

Collect all identifying details: filer info, FDE info, and intermediate owner details.

Step 2: Determine the Accounting Period

Typically matches the tax owner's tax year (calendar year for most individuals).

Step 3: Create the Organizational Chart

Include ownership percentages, entity names, tax classifications, and countries of organization.

Step 4: Complete Schedule C (Income Statement)

Report the FDE’s income and expenses in both functional currency and U.S. dollars using GAAP.

Step 5: Complete Schedule F (Balance Sheet)

Provide beginning and end-of-year balance sheets showing assets, liabilities, and equity.

Step 6: Complete Schedule G (Other Information)

Answer detailed operational questions about the FDE’s activities and transactions.

Step 7: Complete Schedule H (Current Earnings and Profits)

Calculate current E&P or taxable income starting with net income and adjustments.

Step 8: Complete Schedule M (If Required)

Report related-party transactions between the FDE and its owner(s).

Step 9: Review and Attach

Attach Form 8858 to your income or information return (e.g., 5471, 8865) and e-file if supported.

Common Mistakes and How to Avoid Them

Mistake #1: Failing to File for Dormant Entities

Even dormant or inactive FDEs require filing. Use simplified procedures when applicable.

Mistake #2: Inconsistent Reference ID Numbers

Use one consistent reference ID each year and document it carefully.

Mistake #3: Missing Organizational Charts

Always attach a complete ownership chart with all entities, percentages, and classifications.

Mistake #4: Improper Currency Translation

Use the average exchange rate for the year under Section 989(b), not the year-end rate.

Mistake #5: Omitting Required Schedules

Review filing categories carefully to ensure all required schedules are completed.

Mistake #6: Not Filing Separate Forms for Multiple FDEs

File a separate Form 8858 for each entity owned or controlled.

Mistake #7: Missing the Filing Deadline

Mark the due date alongside your tax return due date—there’s no separate deadline.

What Happens After You File

Immediate Processing

Form 8858 is informational and doesn’t generate a refund or balance due.

Data Matching and Analysis

IRS systems match data from Form 8858 with other international filings for consistency.

Record Retention

Keep copies for at least three years, preferably six, due to extended international review periods.

Audit Potential

Complex or inconsistent data may trigger an audit. Accurate filing reduces that risk.

Future Year Compliance

IRS expects consistency across years, including identical reference IDs and ownership chains.

No News Is Good News

If you receive no correspondence, your filing was likely accepted without issue.

FAQs

Q1: What's the difference between Form 8858 and Form 5471?

Form 5471 reports controlled foreign corporations; Form 8858 reports foreign disregarded entities. Some taxpayers must file both if their structures involve both.

Q2: What penalties apply for late or incorrect filing?

Penalties start at $10,000 per FDE per year and can increase up to $50,000, plus foreign tax credit reductions. Reasonable cause relief may apply.

Q3: Can I file Form 8858 electronically?

Yes. Attach it to your electronically filed Form 1040, 1120, 1065, etc., if your software supports it.

Q4: What if I discover I should have filed but didn’t?

File as soon as possible with a reasonable cause statement. The IRS can assess penalties indefinitely for unfiled forms.

Q5: Do I need to file if my FDE had zero income?

Yes. You can file a simplified version for dormant entities by completing identification sections and checking the inactivity box.

Q6: How do I determine the functional currency?

Use the primary currency of the FDE’s main economic environment per GAAP rules.

Q7: What if my FDE had multiple direct owners?

List the primary owner on Line 4 and attach a statement with details for additional owners, including ownership changes during the year.

For More Information

  • IRS Form 8858 Page
  • 2013 Form 8858 Instructions (Applicable for 2014 Tax Year)
  • 2013 Form 8858 (Applicable for 2014 Tax Year)

This summary provides general information about Form 8858 for the 2014 tax year based on official IRS sources. It is not intended as tax advice. Consult a qualified tax professional for guidance on your specific situation.

Icon

Get Tax Help Now

Speak with a licensed tax professional today. Stop garnishments, levies, or penalties fast.

How did you hear about us? (Optional)

Thank you for submitting!

Your submission has been received!
Oops! Something went wrong while submitting the form.

Frequently Asked Questions

Form 8858 Information Return: A Complete Guide for 2014

What the Form Is For

Form 8858, “Information Return of U.S. Persons With Respect to Foreign Disregarded Entities,” is a specialized IRS reporting form designed to capture detailed financial and operational information about foreign business entities that U.S. taxpayers own or control. Think of it as the IRS's window into your foreign business activities—it ensures that the government knows about your overseas operations even when those entities aren't treated as separate legal entities for U.S. tax purposes.

A foreign disregarded entity (FDE) is a business created outside the United States that isn't recognized as separate from its owner for U.S. tax purposes. Common examples include single-member LLCs formed in countries like Canada or the United Kingdom. While these entities might be separate legal entities under foreign law, the IRS treats them as extensions of their owners—similar to how a sole proprietorship works domestically. All income flows directly to the owner's personal tax return, but the IRS still wants to know the details through Form 8858.

The form collects comprehensive information including the entity's identification details, organizational structure, complete financial statements (income statement and balance sheet), ownership chains, and related-party transactions. It serves multiple purposes: it helps the IRS track potential tax avoidance, ensures proper foreign tax credit calculations, monitors cross-border transactions, and provides data for international tax policy development.

When You’d Use It (Late/Amended Filing)

Filing Deadlines for 2014

For the 2014 tax year, Form 8858 was due when your regular income tax return was due, including any extensions.
If you filed Form 1040 as an individual, your Form 8858 was due by April 15, 2015 (or October 15, 2015 with an extension). Corporate filers had different deadlines based on their fiscal year-end.

Late Filing

If you missed the original deadline, you should file Form 8858 as soon as possible, even without being contacted by the IRS. Attach it to your original return's corresponding year by filing it separately with the IRS service center where you filed your original return. The sooner you file, the better your position for requesting reasonable cause penalty relief.

Amended Returns

If you discover errors on a previously filed Form 8858—such as incorrect financial figures, missing schedules, or wrong ownership percentages—you must file an amended version. Write “AMENDED RETURN” prominently at the top of the form. Complete the entire form with corrected information (not just the changes) and attach a detailed explanation of what you're correcting and why. File the amended Form 8858 by attaching it to an amended income tax return (Form 1040X for individuals or the appropriate amended return for other entity types) or by sending it separately to the same IRS service center that processed your original return.

The IRS doesn't have a statute of limitations for unfiled information returns, meaning they can assess penalties indefinitely if you never file. This makes timely corrective action crucial.

Key Rules for 2014

Who Must File

Several categories of U.S. persons must file Form 8858:

  • Direct Tax Owners: Any U.S. person (individual, corporation, partnership, trust, or estate) who directly owns an FDE at any time during their tax year must file. Complete the entire Form 8858 but omit Schedule M.
  • Indirect Owners Through CFCs: U.S. persons required to file Form 5471 (for controlled foreign corporations) as Category 4 or 5 filers must also file Form 8858 if that CFC owns an FDE. Complete the entire form including Schedule M.
  • Indirect Owners Through CFPs: U.S. persons required to file Form 8865 (for controlled foreign partnerships) as Category 1 or 2 filers must file Form 8858 if that partnership owns an FDE. Complete the entire form including Schedule M.

Other Filing Rules

  • Separate Forms Required: You must file a separate Form 8858 for each FDE you own or control.
  • Currency and Language Requirements: All information must be in English and in U.S. dollars unless otherwise specified.
  • Required Attachments: Include an organizational chart showing ownership relationships and percentages, tax classifications, and countries of organization.

Step-by-Step Filing (High Level)

Step 1: Gather Identification Information

Collect all identifying details: filer info, FDE info, and intermediate owner details.

Step 2: Determine the Accounting Period

Typically matches the tax owner's tax year (calendar year for most individuals).

Step 3: Create the Organizational Chart

Include ownership percentages, entity names, tax classifications, and countries of organization.

Step 4: Complete Schedule C (Income Statement)

Report the FDE’s income and expenses in both functional currency and U.S. dollars using GAAP.

Step 5: Complete Schedule F (Balance Sheet)

Provide beginning and end-of-year balance sheets showing assets, liabilities, and equity.

Step 6: Complete Schedule G (Other Information)

Answer detailed operational questions about the FDE’s activities and transactions.

Step 7: Complete Schedule H (Current Earnings and Profits)

Calculate current E&P or taxable income starting with net income and adjustments.

Step 8: Complete Schedule M (If Required)

Report related-party transactions between the FDE and its owner(s).

Step 9: Review and Attach

Attach Form 8858 to your income or information return (e.g., 5471, 8865) and e-file if supported.

Common Mistakes and How to Avoid Them

Mistake #1: Failing to File for Dormant Entities

Even dormant or inactive FDEs require filing. Use simplified procedures when applicable.

Mistake #2: Inconsistent Reference ID Numbers

Use one consistent reference ID each year and document it carefully.

Mistake #3: Missing Organizational Charts

Always attach a complete ownership chart with all entities, percentages, and classifications.

Mistake #4: Improper Currency Translation

Use the average exchange rate for the year under Section 989(b), not the year-end rate.

Mistake #5: Omitting Required Schedules

Review filing categories carefully to ensure all required schedules are completed.

Mistake #6: Not Filing Separate Forms for Multiple FDEs

File a separate Form 8858 for each entity owned or controlled.

Mistake #7: Missing the Filing Deadline

Mark the due date alongside your tax return due date—there’s no separate deadline.

What Happens After You File

Immediate Processing

Form 8858 is informational and doesn’t generate a refund or balance due.

Data Matching and Analysis

IRS systems match data from Form 8858 with other international filings for consistency.

Record Retention

Keep copies for at least three years, preferably six, due to extended international review periods.

Audit Potential

Complex or inconsistent data may trigger an audit. Accurate filing reduces that risk.

Future Year Compliance

IRS expects consistency across years, including identical reference IDs and ownership chains.

No News Is Good News

If you receive no correspondence, your filing was likely accepted without issue.

FAQs

Q1: What's the difference between Form 8858 and Form 5471?

Form 5471 reports controlled foreign corporations; Form 8858 reports foreign disregarded entities. Some taxpayers must file both if their structures involve both.

Q2: What penalties apply for late or incorrect filing?

Penalties start at $10,000 per FDE per year and can increase up to $50,000, plus foreign tax credit reductions. Reasonable cause relief may apply.

Q3: Can I file Form 8858 electronically?

Yes. Attach it to your electronically filed Form 1040, 1120, 1065, etc., if your software supports it.

Q4: What if I discover I should have filed but didn’t?

File as soon as possible with a reasonable cause statement. The IRS can assess penalties indefinitely for unfiled forms.

Q5: Do I need to file if my FDE had zero income?

Yes. You can file a simplified version for dormant entities by completing identification sections and checking the inactivity box.

Q6: How do I determine the functional currency?

Use the primary currency of the FDE’s main economic environment per GAAP rules.

Q7: What if my FDE had multiple direct owners?

List the primary owner on Line 4 and attach a statement with details for additional owners, including ownership changes during the year.

For More Information

  • IRS Form 8858 Page
  • 2013 Form 8858 Instructions (Applicable for 2014 Tax Year)
  • 2013 Form 8858 (Applicable for 2014 Tax Year)

This summary provides general information about Form 8858 for the 2014 tax year based on official IRS sources. It is not intended as tax advice. Consult a qualified tax professional for guidance on your specific situation.

Icon

Get Tax Help Now

Speak with a licensed tax professional today. Stop garnishments, levies, or penalties fast.

How did you hear about us? (Optional)

Thank you for submitting!

Your submission has been received!
Oops! Something went wrong while submitting the form.

Frequently Asked Questions

Form 8858 Information Return: A Complete Guide for 2014

What the Form Is For

Form 8858, “Information Return of U.S. Persons With Respect to Foreign Disregarded Entities,” is a specialized IRS reporting form designed to capture detailed financial and operational information about foreign business entities that U.S. taxpayers own or control. Think of it as the IRS's window into your foreign business activities—it ensures that the government knows about your overseas operations even when those entities aren't treated as separate legal entities for U.S. tax purposes.

A foreign disregarded entity (FDE) is a business created outside the United States that isn't recognized as separate from its owner for U.S. tax purposes. Common examples include single-member LLCs formed in countries like Canada or the United Kingdom. While these entities might be separate legal entities under foreign law, the IRS treats them as extensions of their owners—similar to how a sole proprietorship works domestically. All income flows directly to the owner's personal tax return, but the IRS still wants to know the details through Form 8858.

The form collects comprehensive information including the entity's identification details, organizational structure, complete financial statements (income statement and balance sheet), ownership chains, and related-party transactions. It serves multiple purposes: it helps the IRS track potential tax avoidance, ensures proper foreign tax credit calculations, monitors cross-border transactions, and provides data for international tax policy development.

When You’d Use It (Late/Amended Filing)

Filing Deadlines for 2014

For the 2014 tax year, Form 8858 was due when your regular income tax return was due, including any extensions.
If you filed Form 1040 as an individual, your Form 8858 was due by April 15, 2015 (or October 15, 2015 with an extension). Corporate filers had different deadlines based on their fiscal year-end.

Late Filing

If you missed the original deadline, you should file Form 8858 as soon as possible, even without being contacted by the IRS. Attach it to your original return's corresponding year by filing it separately with the IRS service center where you filed your original return. The sooner you file, the better your position for requesting reasonable cause penalty relief.

Amended Returns

If you discover errors on a previously filed Form 8858—such as incorrect financial figures, missing schedules, or wrong ownership percentages—you must file an amended version. Write “AMENDED RETURN” prominently at the top of the form. Complete the entire form with corrected information (not just the changes) and attach a detailed explanation of what you're correcting and why. File the amended Form 8858 by attaching it to an amended income tax return (Form 1040X for individuals or the appropriate amended return for other entity types) or by sending it separately to the same IRS service center that processed your original return.

The IRS doesn't have a statute of limitations for unfiled information returns, meaning they can assess penalties indefinitely if you never file. This makes timely corrective action crucial.

Key Rules for 2014

Who Must File

Several categories of U.S. persons must file Form 8858:

  • Direct Tax Owners: Any U.S. person (individual, corporation, partnership, trust, or estate) who directly owns an FDE at any time during their tax year must file. Complete the entire Form 8858 but omit Schedule M.
  • Indirect Owners Through CFCs: U.S. persons required to file Form 5471 (for controlled foreign corporations) as Category 4 or 5 filers must also file Form 8858 if that CFC owns an FDE. Complete the entire form including Schedule M.
  • Indirect Owners Through CFPs: U.S. persons required to file Form 8865 (for controlled foreign partnerships) as Category 1 or 2 filers must file Form 8858 if that partnership owns an FDE. Complete the entire form including Schedule M.

Other Filing Rules

  • Separate Forms Required: You must file a separate Form 8858 for each FDE you own or control.
  • Currency and Language Requirements: All information must be in English and in U.S. dollars unless otherwise specified.
  • Required Attachments: Include an organizational chart showing ownership relationships and percentages, tax classifications, and countries of organization.

Step-by-Step Filing (High Level)

Step 1: Gather Identification Information

Collect all identifying details: filer info, FDE info, and intermediate owner details.

Step 2: Determine the Accounting Period

Typically matches the tax owner's tax year (calendar year for most individuals).

Step 3: Create the Organizational Chart

Include ownership percentages, entity names, tax classifications, and countries of organization.

Step 4: Complete Schedule C (Income Statement)

Report the FDE’s income and expenses in both functional currency and U.S. dollars using GAAP.

Step 5: Complete Schedule F (Balance Sheet)

Provide beginning and end-of-year balance sheets showing assets, liabilities, and equity.

Step 6: Complete Schedule G (Other Information)

Answer detailed operational questions about the FDE’s activities and transactions.

Step 7: Complete Schedule H (Current Earnings and Profits)

Calculate current E&P or taxable income starting with net income and adjustments.

Step 8: Complete Schedule M (If Required)

Report related-party transactions between the FDE and its owner(s).

Step 9: Review and Attach

Attach Form 8858 to your income or information return (e.g., 5471, 8865) and e-file if supported.

Common Mistakes and How to Avoid Them

Mistake #1: Failing to File for Dormant Entities

Even dormant or inactive FDEs require filing. Use simplified procedures when applicable.

Mistake #2: Inconsistent Reference ID Numbers

Use one consistent reference ID each year and document it carefully.

Mistake #3: Missing Organizational Charts

Always attach a complete ownership chart with all entities, percentages, and classifications.

Mistake #4: Improper Currency Translation

Use the average exchange rate for the year under Section 989(b), not the year-end rate.

Mistake #5: Omitting Required Schedules

Review filing categories carefully to ensure all required schedules are completed.

Mistake #6: Not Filing Separate Forms for Multiple FDEs

File a separate Form 8858 for each entity owned or controlled.

Mistake #7: Missing the Filing Deadline

Mark the due date alongside your tax return due date—there’s no separate deadline.

What Happens After You File

Immediate Processing

Form 8858 is informational and doesn’t generate a refund or balance due.

Data Matching and Analysis

IRS systems match data from Form 8858 with other international filings for consistency.

Record Retention

Keep copies for at least three years, preferably six, due to extended international review periods.

Audit Potential

Complex or inconsistent data may trigger an audit. Accurate filing reduces that risk.

Future Year Compliance

IRS expects consistency across years, including identical reference IDs and ownership chains.

No News Is Good News

If you receive no correspondence, your filing was likely accepted without issue.

FAQs

Q1: What's the difference between Form 8858 and Form 5471?

Form 5471 reports controlled foreign corporations; Form 8858 reports foreign disregarded entities. Some taxpayers must file both if their structures involve both.

Q2: What penalties apply for late or incorrect filing?

Penalties start at $10,000 per FDE per year and can increase up to $50,000, plus foreign tax credit reductions. Reasonable cause relief may apply.

Q3: Can I file Form 8858 electronically?

Yes. Attach it to your electronically filed Form 1040, 1120, 1065, etc., if your software supports it.

Q4: What if I discover I should have filed but didn’t?

File as soon as possible with a reasonable cause statement. The IRS can assess penalties indefinitely for unfiled forms.

Q5: Do I need to file if my FDE had zero income?

Yes. You can file a simplified version for dormant entities by completing identification sections and checking the inactivity box.

Q6: How do I determine the functional currency?

Use the primary currency of the FDE’s main economic environment per GAAP rules.

Q7: What if my FDE had multiple direct owners?

List the primary owner on Line 4 and attach a statement with details for additional owners, including ownership changes during the year.

For More Information

  • IRS Form 8858 Page
  • 2013 Form 8858 Instructions (Applicable for 2014 Tax Year)
  • 2013 Form 8858 (Applicable for 2014 Tax Year)

This summary provides general information about Form 8858 for the 2014 tax year based on official IRS sources. It is not intended as tax advice. Consult a qualified tax professional for guidance on your specific situation.

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Frequently Asked Questions

Form 8858 Information Return: A Complete Guide for 2014

What the Form Is For

Form 8858, “Information Return of U.S. Persons With Respect to Foreign Disregarded Entities,” is a specialized IRS reporting form designed to capture detailed financial and operational information about foreign business entities that U.S. taxpayers own or control. Think of it as the IRS's window into your foreign business activities—it ensures that the government knows about your overseas operations even when those entities aren't treated as separate legal entities for U.S. tax purposes.

A foreign disregarded entity (FDE) is a business created outside the United States that isn't recognized as separate from its owner for U.S. tax purposes. Common examples include single-member LLCs formed in countries like Canada or the United Kingdom. While these entities might be separate legal entities under foreign law, the IRS treats them as extensions of their owners—similar to how a sole proprietorship works domestically. All income flows directly to the owner's personal tax return, but the IRS still wants to know the details through Form 8858.

The form collects comprehensive information including the entity's identification details, organizational structure, complete financial statements (income statement and balance sheet), ownership chains, and related-party transactions. It serves multiple purposes: it helps the IRS track potential tax avoidance, ensures proper foreign tax credit calculations, monitors cross-border transactions, and provides data for international tax policy development.

When You’d Use It (Late/Amended Filing)

Filing Deadlines for 2014

For the 2014 tax year, Form 8858 was due when your regular income tax return was due, including any extensions.
If you filed Form 1040 as an individual, your Form 8858 was due by April 15, 2015 (or October 15, 2015 with an extension). Corporate filers had different deadlines based on their fiscal year-end.

Late Filing

If you missed the original deadline, you should file Form 8858 as soon as possible, even without being contacted by the IRS. Attach it to your original return's corresponding year by filing it separately with the IRS service center where you filed your original return. The sooner you file, the better your position for requesting reasonable cause penalty relief.

Amended Returns

If you discover errors on a previously filed Form 8858—such as incorrect financial figures, missing schedules, or wrong ownership percentages—you must file an amended version. Write “AMENDED RETURN” prominently at the top of the form. Complete the entire form with corrected information (not just the changes) and attach a detailed explanation of what you're correcting and why. File the amended Form 8858 by attaching it to an amended income tax return (Form 1040X for individuals or the appropriate amended return for other entity types) or by sending it separately to the same IRS service center that processed your original return.

The IRS doesn't have a statute of limitations for unfiled information returns, meaning they can assess penalties indefinitely if you never file. This makes timely corrective action crucial.

Key Rules for 2014

Who Must File

Several categories of U.S. persons must file Form 8858:

  • Direct Tax Owners: Any U.S. person (individual, corporation, partnership, trust, or estate) who directly owns an FDE at any time during their tax year must file. Complete the entire Form 8858 but omit Schedule M.
  • Indirect Owners Through CFCs: U.S. persons required to file Form 5471 (for controlled foreign corporations) as Category 4 or 5 filers must also file Form 8858 if that CFC owns an FDE. Complete the entire form including Schedule M.
  • Indirect Owners Through CFPs: U.S. persons required to file Form 8865 (for controlled foreign partnerships) as Category 1 or 2 filers must file Form 8858 if that partnership owns an FDE. Complete the entire form including Schedule M.

Other Filing Rules

  • Separate Forms Required: You must file a separate Form 8858 for each FDE you own or control.
  • Currency and Language Requirements: All information must be in English and in U.S. dollars unless otherwise specified.
  • Required Attachments: Include an organizational chart showing ownership relationships and percentages, tax classifications, and countries of organization.

Step-by-Step Filing (High Level)

Step 1: Gather Identification Information

Collect all identifying details: filer info, FDE info, and intermediate owner details.

Step 2: Determine the Accounting Period

Typically matches the tax owner's tax year (calendar year for most individuals).

Step 3: Create the Organizational Chart

Include ownership percentages, entity names, tax classifications, and countries of organization.

Step 4: Complete Schedule C (Income Statement)

Report the FDE’s income and expenses in both functional currency and U.S. dollars using GAAP.

Step 5: Complete Schedule F (Balance Sheet)

Provide beginning and end-of-year balance sheets showing assets, liabilities, and equity.

Step 6: Complete Schedule G (Other Information)

Answer detailed operational questions about the FDE’s activities and transactions.

Step 7: Complete Schedule H (Current Earnings and Profits)

Calculate current E&P or taxable income starting with net income and adjustments.

Step 8: Complete Schedule M (If Required)

Report related-party transactions between the FDE and its owner(s).

Step 9: Review and Attach

Attach Form 8858 to your income or information return (e.g., 5471, 8865) and e-file if supported.

Common Mistakes and How to Avoid Them

Mistake #1: Failing to File for Dormant Entities

Even dormant or inactive FDEs require filing. Use simplified procedures when applicable.

Mistake #2: Inconsistent Reference ID Numbers

Use one consistent reference ID each year and document it carefully.

Mistake #3: Missing Organizational Charts

Always attach a complete ownership chart with all entities, percentages, and classifications.

Mistake #4: Improper Currency Translation

Use the average exchange rate for the year under Section 989(b), not the year-end rate.

Mistake #5: Omitting Required Schedules

Review filing categories carefully to ensure all required schedules are completed.

Mistake #6: Not Filing Separate Forms for Multiple FDEs

File a separate Form 8858 for each entity owned or controlled.

Mistake #7: Missing the Filing Deadline

Mark the due date alongside your tax return due date—there’s no separate deadline.

What Happens After You File

Immediate Processing

Form 8858 is informational and doesn’t generate a refund or balance due.

Data Matching and Analysis

IRS systems match data from Form 8858 with other international filings for consistency.

Record Retention

Keep copies for at least three years, preferably six, due to extended international review periods.

Audit Potential

Complex or inconsistent data may trigger an audit. Accurate filing reduces that risk.

Future Year Compliance

IRS expects consistency across years, including identical reference IDs and ownership chains.

No News Is Good News

If you receive no correspondence, your filing was likely accepted without issue.

FAQs

Q1: What's the difference between Form 8858 and Form 5471?

Form 5471 reports controlled foreign corporations; Form 8858 reports foreign disregarded entities. Some taxpayers must file both if their structures involve both.

Q2: What penalties apply for late or incorrect filing?

Penalties start at $10,000 per FDE per year and can increase up to $50,000, plus foreign tax credit reductions. Reasonable cause relief may apply.

Q3: Can I file Form 8858 electronically?

Yes. Attach it to your electronically filed Form 1040, 1120, 1065, etc., if your software supports it.

Q4: What if I discover I should have filed but didn’t?

File as soon as possible with a reasonable cause statement. The IRS can assess penalties indefinitely for unfiled forms.

Q5: Do I need to file if my FDE had zero income?

Yes. You can file a simplified version for dormant entities by completing identification sections and checking the inactivity box.

Q6: How do I determine the functional currency?

Use the primary currency of the FDE’s main economic environment per GAAP rules.

Q7: What if my FDE had multiple direct owners?

List the primary owner on Line 4 and attach a statement with details for additional owners, including ownership changes during the year.

For More Information

  • IRS Form 8858 Page
  • 2013 Form 8858 Instructions (Applicable for 2014 Tax Year)
  • 2013 Form 8858 (Applicable for 2014 Tax Year)

This summary provides general information about Form 8858 for the 2014 tax year based on official IRS sources. It is not intended as tax advice. Consult a qualified tax professional for guidance on your specific situation.

Icon

Get Tax Help Now

Speak with a licensed tax professional today. Stop garnishments, levies, or penalties fast.

How did you hear about us? (Optional)

Thank you for submitting!

Your submission has been received!
Oops! Something went wrong while submitting the form.

Frequently Asked Questions

Form 8858 Information Return: A Complete Guide for 2014

What the Form Is For

Form 8858, “Information Return of U.S. Persons With Respect to Foreign Disregarded Entities,” is a specialized IRS reporting form designed to capture detailed financial and operational information about foreign business entities that U.S. taxpayers own or control. Think of it as the IRS's window into your foreign business activities—it ensures that the government knows about your overseas operations even when those entities aren't treated as separate legal entities for U.S. tax purposes.

A foreign disregarded entity (FDE) is a business created outside the United States that isn't recognized as separate from its owner for U.S. tax purposes. Common examples include single-member LLCs formed in countries like Canada or the United Kingdom. While these entities might be separate legal entities under foreign law, the IRS treats them as extensions of their owners—similar to how a sole proprietorship works domestically. All income flows directly to the owner's personal tax return, but the IRS still wants to know the details through Form 8858.

The form collects comprehensive information including the entity's identification details, organizational structure, complete financial statements (income statement and balance sheet), ownership chains, and related-party transactions. It serves multiple purposes: it helps the IRS track potential tax avoidance, ensures proper foreign tax credit calculations, monitors cross-border transactions, and provides data for international tax policy development.

When You’d Use It (Late/Amended Filing)

Filing Deadlines for 2014

For the 2014 tax year, Form 8858 was due when your regular income tax return was due, including any extensions.
If you filed Form 1040 as an individual, your Form 8858 was due by April 15, 2015 (or October 15, 2015 with an extension). Corporate filers had different deadlines based on their fiscal year-end.

Late Filing

If you missed the original deadline, you should file Form 8858 as soon as possible, even without being contacted by the IRS. Attach it to your original return's corresponding year by filing it separately with the IRS service center where you filed your original return. The sooner you file, the better your position for requesting reasonable cause penalty relief.

Amended Returns

If you discover errors on a previously filed Form 8858—such as incorrect financial figures, missing schedules, or wrong ownership percentages—you must file an amended version. Write “AMENDED RETURN” prominently at the top of the form. Complete the entire form with corrected information (not just the changes) and attach a detailed explanation of what you're correcting and why. File the amended Form 8858 by attaching it to an amended income tax return (Form 1040X for individuals or the appropriate amended return for other entity types) or by sending it separately to the same IRS service center that processed your original return.

The IRS doesn't have a statute of limitations for unfiled information returns, meaning they can assess penalties indefinitely if you never file. This makes timely corrective action crucial.

Key Rules for 2014

Who Must File

Several categories of U.S. persons must file Form 8858:

  • Direct Tax Owners: Any U.S. person (individual, corporation, partnership, trust, or estate) who directly owns an FDE at any time during their tax year must file. Complete the entire Form 8858 but omit Schedule M.
  • Indirect Owners Through CFCs: U.S. persons required to file Form 5471 (for controlled foreign corporations) as Category 4 or 5 filers must also file Form 8858 if that CFC owns an FDE. Complete the entire form including Schedule M.
  • Indirect Owners Through CFPs: U.S. persons required to file Form 8865 (for controlled foreign partnerships) as Category 1 or 2 filers must file Form 8858 if that partnership owns an FDE. Complete the entire form including Schedule M.

Other Filing Rules

  • Separate Forms Required: You must file a separate Form 8858 for each FDE you own or control.
  • Currency and Language Requirements: All information must be in English and in U.S. dollars unless otherwise specified.
  • Required Attachments: Include an organizational chart showing ownership relationships and percentages, tax classifications, and countries of organization.

Step-by-Step Filing (High Level)

Step 1: Gather Identification Information

Collect all identifying details: filer info, FDE info, and intermediate owner details.

Step 2: Determine the Accounting Period

Typically matches the tax owner's tax year (calendar year for most individuals).

Step 3: Create the Organizational Chart

Include ownership percentages, entity names, tax classifications, and countries of organization.

Step 4: Complete Schedule C (Income Statement)

Report the FDE’s income and expenses in both functional currency and U.S. dollars using GAAP.

Step 5: Complete Schedule F (Balance Sheet)

Provide beginning and end-of-year balance sheets showing assets, liabilities, and equity.

Step 6: Complete Schedule G (Other Information)

Answer detailed operational questions about the FDE’s activities and transactions.

Step 7: Complete Schedule H (Current Earnings and Profits)

Calculate current E&P or taxable income starting with net income and adjustments.

Step 8: Complete Schedule M (If Required)

Report related-party transactions between the FDE and its owner(s).

Step 9: Review and Attach

Attach Form 8858 to your income or information return (e.g., 5471, 8865) and e-file if supported.

Common Mistakes and How to Avoid Them

Mistake #1: Failing to File for Dormant Entities

Even dormant or inactive FDEs require filing. Use simplified procedures when applicable.

Mistake #2: Inconsistent Reference ID Numbers

Use one consistent reference ID each year and document it carefully.

Mistake #3: Missing Organizational Charts

Always attach a complete ownership chart with all entities, percentages, and classifications.

Mistake #4: Improper Currency Translation

Use the average exchange rate for the year under Section 989(b), not the year-end rate.

Mistake #5: Omitting Required Schedules

Review filing categories carefully to ensure all required schedules are completed.

Mistake #6: Not Filing Separate Forms for Multiple FDEs

File a separate Form 8858 for each entity owned or controlled.

Mistake #7: Missing the Filing Deadline

Mark the due date alongside your tax return due date—there’s no separate deadline.

What Happens After You File

Immediate Processing

Form 8858 is informational and doesn’t generate a refund or balance due.

Data Matching and Analysis

IRS systems match data from Form 8858 with other international filings for consistency.

Record Retention

Keep copies for at least three years, preferably six, due to extended international review periods.

Audit Potential

Complex or inconsistent data may trigger an audit. Accurate filing reduces that risk.

Future Year Compliance

IRS expects consistency across years, including identical reference IDs and ownership chains.

No News Is Good News

If you receive no correspondence, your filing was likely accepted without issue.

FAQs

Q1: What's the difference between Form 8858 and Form 5471?

Form 5471 reports controlled foreign corporations; Form 8858 reports foreign disregarded entities. Some taxpayers must file both if their structures involve both.

Q2: What penalties apply for late or incorrect filing?

Penalties start at $10,000 per FDE per year and can increase up to $50,000, plus foreign tax credit reductions. Reasonable cause relief may apply.

Q3: Can I file Form 8858 electronically?

Yes. Attach it to your electronically filed Form 1040, 1120, 1065, etc., if your software supports it.

Q4: What if I discover I should have filed but didn’t?

File as soon as possible with a reasonable cause statement. The IRS can assess penalties indefinitely for unfiled forms.

Q5: Do I need to file if my FDE had zero income?

Yes. You can file a simplified version for dormant entities by completing identification sections and checking the inactivity box.

Q6: How do I determine the functional currency?

Use the primary currency of the FDE’s main economic environment per GAAP rules.

Q7: What if my FDE had multiple direct owners?

List the primary owner on Line 4 and attach a statement with details for additional owners, including ownership changes during the year.

For More Information

  • IRS Form 8858 Page
  • 2013 Form 8858 Instructions (Applicable for 2014 Tax Year)
  • 2013 Form 8858 (Applicable for 2014 Tax Year)

This summary provides general information about Form 8858 for the 2014 tax year based on official IRS sources. It is not intended as tax advice. Consult a qualified tax professional for guidance on your specific situation.

Icon

Get Tax Help Now

Speak with a licensed tax professional today. Stop garnishments, levies, or penalties fast.

How did you hear about us? (Optional)

Thank you for submitting!

Your submission has been received!
Oops! Something went wrong while submitting the form.

Frequently Asked Questions

Form 8858 Information Return: A Complete Guide for 2014

What the Form Is For

Form 8858, “Information Return of U.S. Persons With Respect to Foreign Disregarded Entities,” is a specialized IRS reporting form designed to capture detailed financial and operational information about foreign business entities that U.S. taxpayers own or control. Think of it as the IRS's window into your foreign business activities—it ensures that the government knows about your overseas operations even when those entities aren't treated as separate legal entities for U.S. tax purposes.

A foreign disregarded entity (FDE) is a business created outside the United States that isn't recognized as separate from its owner for U.S. tax purposes. Common examples include single-member LLCs formed in countries like Canada or the United Kingdom. While these entities might be separate legal entities under foreign law, the IRS treats them as extensions of their owners—similar to how a sole proprietorship works domestically. All income flows directly to the owner's personal tax return, but the IRS still wants to know the details through Form 8858.

The form collects comprehensive information including the entity's identification details, organizational structure, complete financial statements (income statement and balance sheet), ownership chains, and related-party transactions. It serves multiple purposes: it helps the IRS track potential tax avoidance, ensures proper foreign tax credit calculations, monitors cross-border transactions, and provides data for international tax policy development.

When You’d Use It (Late/Amended Filing)

Filing Deadlines for 2014

For the 2014 tax year, Form 8858 was due when your regular income tax return was due, including any extensions.
If you filed Form 1040 as an individual, your Form 8858 was due by April 15, 2015 (or October 15, 2015 with an extension). Corporate filers had different deadlines based on their fiscal year-end.

Late Filing

If you missed the original deadline, you should file Form 8858 as soon as possible, even without being contacted by the IRS. Attach it to your original return's corresponding year by filing it separately with the IRS service center where you filed your original return. The sooner you file, the better your position for requesting reasonable cause penalty relief.

Amended Returns

If you discover errors on a previously filed Form 8858—such as incorrect financial figures, missing schedules, or wrong ownership percentages—you must file an amended version. Write “AMENDED RETURN” prominently at the top of the form. Complete the entire form with corrected information (not just the changes) and attach a detailed explanation of what you're correcting and why. File the amended Form 8858 by attaching it to an amended income tax return (Form 1040X for individuals or the appropriate amended return for other entity types) or by sending it separately to the same IRS service center that processed your original return.

The IRS doesn't have a statute of limitations for unfiled information returns, meaning they can assess penalties indefinitely if you never file. This makes timely corrective action crucial.

Key Rules for 2014

Who Must File

Several categories of U.S. persons must file Form 8858:

  • Direct Tax Owners: Any U.S. person (individual, corporation, partnership, trust, or estate) who directly owns an FDE at any time during their tax year must file. Complete the entire Form 8858 but omit Schedule M.
  • Indirect Owners Through CFCs: U.S. persons required to file Form 5471 (for controlled foreign corporations) as Category 4 or 5 filers must also file Form 8858 if that CFC owns an FDE. Complete the entire form including Schedule M.
  • Indirect Owners Through CFPs: U.S. persons required to file Form 8865 (for controlled foreign partnerships) as Category 1 or 2 filers must file Form 8858 if that partnership owns an FDE. Complete the entire form including Schedule M.

Other Filing Rules

  • Separate Forms Required: You must file a separate Form 8858 for each FDE you own or control.
  • Currency and Language Requirements: All information must be in English and in U.S. dollars unless otherwise specified.
  • Required Attachments: Include an organizational chart showing ownership relationships and percentages, tax classifications, and countries of organization.

Step-by-Step Filing (High Level)

Step 1: Gather Identification Information

Collect all identifying details: filer info, FDE info, and intermediate owner details.

Step 2: Determine the Accounting Period

Typically matches the tax owner's tax year (calendar year for most individuals).

Step 3: Create the Organizational Chart

Include ownership percentages, entity names, tax classifications, and countries of organization.

Step 4: Complete Schedule C (Income Statement)

Report the FDE’s income and expenses in both functional currency and U.S. dollars using GAAP.

Step 5: Complete Schedule F (Balance Sheet)

Provide beginning and end-of-year balance sheets showing assets, liabilities, and equity.

Step 6: Complete Schedule G (Other Information)

Answer detailed operational questions about the FDE’s activities and transactions.

Step 7: Complete Schedule H (Current Earnings and Profits)

Calculate current E&P or taxable income starting with net income and adjustments.

Step 8: Complete Schedule M (If Required)

Report related-party transactions between the FDE and its owner(s).

Step 9: Review and Attach

Attach Form 8858 to your income or information return (e.g., 5471, 8865) and e-file if supported.

Common Mistakes and How to Avoid Them

Mistake #1: Failing to File for Dormant Entities

Even dormant or inactive FDEs require filing. Use simplified procedures when applicable.

Mistake #2: Inconsistent Reference ID Numbers

Use one consistent reference ID each year and document it carefully.

Mistake #3: Missing Organizational Charts

Always attach a complete ownership chart with all entities, percentages, and classifications.

Mistake #4: Improper Currency Translation

Use the average exchange rate for the year under Section 989(b), not the year-end rate.

Mistake #5: Omitting Required Schedules

Review filing categories carefully to ensure all required schedules are completed.

Mistake #6: Not Filing Separate Forms for Multiple FDEs

File a separate Form 8858 for each entity owned or controlled.

Mistake #7: Missing the Filing Deadline

Mark the due date alongside your tax return due date—there’s no separate deadline.

What Happens After You File

Immediate Processing

Form 8858 is informational and doesn’t generate a refund or balance due.

Data Matching and Analysis

IRS systems match data from Form 8858 with other international filings for consistency.

Record Retention

Keep copies for at least three years, preferably six, due to extended international review periods.

Audit Potential

Complex or inconsistent data may trigger an audit. Accurate filing reduces that risk.

Future Year Compliance

IRS expects consistency across years, including identical reference IDs and ownership chains.

No News Is Good News

If you receive no correspondence, your filing was likely accepted without issue.

FAQs

Q1: What's the difference between Form 8858 and Form 5471?

Form 5471 reports controlled foreign corporations; Form 8858 reports foreign disregarded entities. Some taxpayers must file both if their structures involve both.

Q2: What penalties apply for late or incorrect filing?

Penalties start at $10,000 per FDE per year and can increase up to $50,000, plus foreign tax credit reductions. Reasonable cause relief may apply.

Q3: Can I file Form 8858 electronically?

Yes. Attach it to your electronically filed Form 1040, 1120, 1065, etc., if your software supports it.

Q4: What if I discover I should have filed but didn’t?

File as soon as possible with a reasonable cause statement. The IRS can assess penalties indefinitely for unfiled forms.

Q5: Do I need to file if my FDE had zero income?

Yes. You can file a simplified version for dormant entities by completing identification sections and checking the inactivity box.

Q6: How do I determine the functional currency?

Use the primary currency of the FDE’s main economic environment per GAAP rules.

Q7: What if my FDE had multiple direct owners?

List the primary owner on Line 4 and attach a statement with details for additional owners, including ownership changes during the year.

For More Information

  • IRS Form 8858 Page
  • 2013 Form 8858 Instructions (Applicable for 2014 Tax Year)
  • 2013 Form 8858 (Applicable for 2014 Tax Year)

This summary provides general information about Form 8858 for the 2014 tax year based on official IRS sources. It is not intended as tax advice. Consult a qualified tax professional for guidance on your specific situation.

Frequently Asked Questions

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