Do I have to file Form 8858 if I'm not required to file 1040 because total income is below the filing threshold?

[Gordo5]

Foreign Disregarded Entity had zero income in 2022. My total income is below the threshold to file 1040 so I don’t want to file 1040. But 8858 is supposed to be filed with 1040. So must I file?

There’s no advice on this on 8858 instructions. I can’t find an answer on internet. Any help would be very appreciated.

[pk · Accepted solution]

@Gordo5  unless you file a return and include form 8858, there is no way for the IRS  to know your status and would lead to notice  for not filing.  Just file the return and be safe .

pk

[Gordo5]

Thanks very much pk.  sorry I didn't see your reply until now.