Why sign in to the Community?

  • Submit a question
  • Check your notifications
Sign in to the Community or Sign in to TurboTax and start working on your taxes
Level 1
posted Oct 4, 2023 9:19:26 PM

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?

0 3 521
3 Replies
Level 15
Oct 5, 2023 6:48:27 AM

@pk

Level 2
Apr 22, 2025 9:45:29 PM

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

Level 2
Apr 22, 2025 10:04:00 PM

Found some information on the following website:

 

https://claimyr.com/government-services/irs/Foreign-Partnership-1-Ownership-Form-8865-Filing-Requirements-When-Not-Meeting-Any-Category/2025-04-11

 

In-case anyone else is having this situation.