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The answer to this question is that whatever address you input for Partnership entity really will not matter at all, in
that it has no effect on the actual calculations made for your tax return.
However,
receiving a Schedule K-1 from a non-US entity (including one with a
foreign address format or postal code) can be a bit of a
problem; but fortunately there is also a choice of
solutions for you, in order to resolve this issue. Please allow us a
moment to explain that.
The
only truly critical information on your K-1 (that the IRS looks to see,
anyway) are the numbers contained in the various boxes, your outside basis
calculations, and any supplemental K-1 information received. The
rest of the information shown on the K-1, including address of the K-1 entity, is not
really critical, or
essential, to the accurate acceptance and processing of your tax
return. Yet, for reasons of completeness, the TurboTax program asks
users to fill in all of these fields from the K-1.
As for solutions, then, you have a couple of them.
Does your Partnership entity have an office or divisional operations anywhere in the United States? If so, then you can safely substitute and use that address (even if something different is printed on your K-1 . . . just don't change the EIN). Alternatively, you can just input your own personal street address, including state and ZIP code, into the address field. As long as the important information about your Partnership is correct, the IRS, and anyone else such as a state department of revenue, will know what the truth is.
Thus, either of those choices is an acceptable way to
enter your K-1, and file your tax return. The TurboTax program, the
IRS, and your state department of revenue (if applicable) will all
accept this.
I received a K-1 equivalent from a foreign partnership that does not have an EIN. It states, "There is no Partnership employer identification number for this partnership as it is a foreign partnership based offshore in the British Virgin Islands."
How do I report my expenses/losses without an EIN? Nothing has been realized so far, only management expenses.
A US person who is a partner in a foreign partnership (or an entity electing to be taxed as a partnership is required to file Form 8865 to report the income and financial position of the partnership and to report certain transactions between the partner and the partnership. Form 8865 is not supported by turbo Tax but needs to be filled out and sent to the IRS. Here is a link to the form.
What if we file electronically through TurboTax, can we still mail in the form 8865 separately or does everything have to be filed/sent together?
The 8865 is a totally separate tax return like the form 1065 ... it is mailed in separately.
If all the numbers / income is 0 - do we still need to enter the K1 form in turbotax? Or can it be omitted?
Thanks
All my numbers are 0 except for box 19 Distributions, where I have a code A with an amount of $2. Do I have to enter the K-1 because of this? Everything else is 0$.
Thank you,
It depends. Normally I would say no but since this is a foreign partnership, you should file. In this Turbo Tax link written by IreneS, "You may use your own address for data entry on Schedule K-1, if the partnership has a foreign address.
The most important items on the K-1 are the EIN and name of the business. The K-1 general information is not filed with your tax return; and the values from the K-1 flow to Schedule E and other respective forms. "
Ok, thank you for your response.
Thanks Dave. Just to summarize - if there is a value in K1 - then we should file but if its 0 everywhere then its ok to omit. Correct?
Thx,
Parag
Correct. There is no need to file a document with $0 everywhere.
Hi @DaveF1006 and other experts, a specific question regarding Form 8865, even though my interest in the this foreign partnership is less than 1%, I still need to file this form?
Also what happens if the mailed-in form 8865 changes my final tax owe, how will IRS notify me of that?
rather than me cut and paste the instructions for who must file, I'll provide a link to them and then once you determine what category you fall into, if any, you can post back providing such additional info as needed to determine if you have to file. based on the 1% you are not a category 1 or 2 filer, but with category 3 if that 1% was $100K yes you have to file, category 4?. you can also use your browser's search engine for more info on who must file.
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