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Foreign Partnership - taxpayer doesn't fit into any of the 4 categories for Form 8865

Suppose a US taxpayer owns 1% of a foreign partnership to which they have contributed <$100k. Their ownership percentage didn't change during the tax year. Does the taxpayer still have to file Form 8865?

 

They don't own 50% (so they don't fit category 1), they don't own 10% (so they don't fit category 2), they don't own 10% and they contributed less than $100k (so they don't fit category 3), and there was no 10% acquisition/disposition/change in proportional interest (so they don't fit category 4). If they have to file Form 8865, which category do they report as/which schedules do they have to complete? If they don't have to file Form 8865, how do they report - just using the foreign K-1 with no EIN?

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3 Replies

Foreign Partnership - taxpayer doesn't fit into any of the 4 categories for Form 8865

@pk

Foreign Partnership - taxpayer doesn't fit into any of the 4 categories for Form 8865

I am in a similar situation - would appreciate any feedback from the community on how to address this particular situation. 

Foreign Partnership - taxpayer doesn't fit into any of the 4 categories for Form 8865

Found some information on the following website:

 

https://claimyr.com/government-services/irs/Foreign-Partnership-1-Ownership-Form-8865-Filing-Require...

 

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