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Form 8858 online NV: What You Should Know

United States (U.S.) or whose income is generated in a foreign country is required to file an Information Return on Schedule H, Income.  Please keep these instructions up to date.  You must be a United States Citizen to file Form 8858 if you are or were an Owner, Manager, Shareholder, or Other Legal Entity that owns a FEE that is a foreign disregarded entity. (Any Entity that is a shareholder of the FEE or is treated as one). We must understand the difference between a U.S. entity and a foreign entity. “A U.S. entity is any person incorporated or organized under the laws of the United States (not including Puerto Rico and the Virgin Islands) or of the District of Columbia, including an unincorporated, taxable limited liability company, but not including the Federal Reserve Banks or Bureau of Engraving and Printing.” . The IRS uses this definition for Forms 941 and 943. It is also useful for determining whether a U.S. Person owns a FEE. For any tax year, the FEE must be a U.S. entity owned by a U.S. taxpayer who has a personal interest in the income generated. The FEE must not be owned by a related person  The FEE must be a foreign disregarded entity. An “American Business Entity” (ABE), “A Non-U.S. Business Entity,” or “A Foreign Corporation” do not fall within this definition. For purposes of this publication, the following entities are not foreign disregarded entities: Limited liability partnerships, domestic corporations, and foreign incorporated partnerships. Non-domestic corporations, and non-federally organized partnerships are deemed foreign disregarded entities. The following do not fall within this definition: Nonfinancial assets of any foreign tax haven country, such as real estate or financial assets. We would like your views. Please write to us at Our U.S. Tax professionals are happy to answer any questions you may have regarding the tax consequences as a FEE owner, manager, shareholder, or a related person (spouse). We will reply electronically by email or fax.

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