SabrinaD2
Expert Alumni

Investors & landlords

Based on the information you provided, it does not appear you need to file Form 8858. This form is required for U.S. persons who own a Foreign Disregarded Entity (FDE) or operate a Foreign Branch (FB) directly or indirectly

  • Since your rental property is in your name and you haven't set up a foreign business or LLC, you don't meet the criteria for filing Form 8858. 
  • To file Form 8858, you would need to own a Foreign Disregarded Entity (FDE), which is an entity not created or organized in the United States and is disregarded as separate from its owner for U.S. income tax purposes.
  • However, you do need to file:
    • Form 1040: Report your rental income on Schedule E, including income, expenses, and depreciation
    • FBAR (Foreign Bank Account Report): If you have foreign bank accounts with more than $10,000 at any point during the year