janusw
New Member

What is form 8858? Should I file a form 8858 when I have a foreign rental property?

 
DaveF1006
Expert Alumni

Investors & landlords

You would only file a 8858 if you are part of a foreign business entity such as a Foreign partnership or corporation. If you own property independently, then you will not need it. Currently, Turbo Tax does not support 8858.  

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Investors & landlords

Some articles mention that the filing requirement for 8858 has been expanded since 2018 to include almost any self employed U.S. person with business activity in foreign countries.

Investors & landlords

Rental properties reported on a Sch E are NOT business entities so that form is not needed as you are NOT self employed.

Investors & landlords

Sorry, I was not clear. I was referring to my self employment. However, foreign rental income may be defined as a QBU (Qualified Business Unit)

https://www.law.cornell.edu/cfr/text/26/1.989(a)-1

 

The new instructions for form 8858 defines an FB (Foreign Branch)

"An FB is defined in Regulations section 1.367(a)-6T(g). For purposes of filing a Form 8858, an FB also includes a qualified business unit (QBU) (as defined in Regulations section 1.989(a)-1(b)(2)(ii)) that is foreign."

https://www.irs.gov/pub/irs-pdf/i8858.pdf

https://www.law.cornell.edu/cfr/text/26/1.367(a)-6T

 

This article seems to indicate that foreign rental income may require filing of 8838.

 

https://polaristax.com/the-expansion-of-the-form-8858-filing-requirement-2/

 

 

Investors & landlords

Then you will need to either navigate that form yourself or seek qualified help but I doubt you will get any advice in this forum since almost no one has completed that form.