U.S. Individual Income Tax Return

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Instructions for Form 8858

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Instructions for Form 8858

Department of the Treasury
Internal Revenue Service

(Rev. January 2006)
(Use with the December 2004 revision of Form 8858)
Information Return of U.S. Persons
With Respect To Foreign Disregarded Entities
Section references are to the Internal Revenue Code unless otherwise noted.

General Instructions

separate Schedule M with respect to the
FDE.

Purpose of Form

Note. Complete a separate Form 8858
and all applicable schedules for each
FDE.

Form 8858 is used by certain U.S.
persons that own a foreign disregarded
entity (FDE) directly or, in certain
circumstances, indirectly or
constructively. See U.S. Person Filing
Form 8858 below. The form and
schedules are used to satisfy the
reporting requirements of sections 6011,
6012, 6031, and 6038, and related
regulations.

Who Must File
The following U.S. persons that are tax
owners of FDEs (see definitions below),
or that own certain interests in foreign tax
owners of FDEs, must file Form 8858.
1. U.S. Persons That Are Tax Owners
of FDEs at any time during the U.S.
person’s taxable year or annual
accounting period. Complete the entire
Form 8858, but do not complete the
separate Schedule M.
2. Certain U.S. Persons That Are
Required To File Form 5471 With
Respect To a Controlled Foreign
Corporation (CFC) That is a Tax Owner
of an FDE at any time during the CFC’s
annual accounting period:
Category 4 filers of Form 5471.
Complete the entire Form 8858 and the
separate Schedule M.
Category 5 filers of Form 5471.
Complete only the identifying information
on page 1 of Form 8858 (i.e., everything
above Schedule C) and Schedules G and
H on page 2 of Form 8858. Do not
complete the separate Schedule M.
3. Certain U.S. Persons That Are
Required To File Form 8865 With
Respect To a Controlled Foreign
Partnership (CFP) That is a Tax Owner
of an FDE at any time during the CFP’s
annual accounting period:
Category 1 filers of Form 8865.
Complete the entire Form 8858 and the
separate Schedule M.
Category 2 filers of Form 8865.
Complete only the identifying information
on page 1 of Form 8858 (i.e., everything
above Schedule C) and Schedules G and
H on page 2 of Form 8858. Do not
complete the separate Schedule M. You
are not required to complete Form 8858 if
there is a Category 1 filer of Form 8865
that completes the entire Form 8858 and

Exceptions To Filing Form 8858
Multiple filers of the same information.
In the case of category 4 or 5 filers of
Form 5471 or category 1 filers of Form
8865 who are also required to file Form
8858, one person may file Form 8858 and
Schedule M, if applicable, for other
persons who have the same filing
requirements with respect to both Form
8858 and Form 5471 or Form 8865. If you
and one or more other persons are
required to furnish information for the
same FDE for the same period, this
information may be included with or
attached to, and filed in the same manner
as, the multiple filer information provided
with respect to the CFC or the CFP. See
Multiple filers of same information in the
Form 5471 instructions or Multiple
Category 1 filers in the Form 8865
instructions.

1. A court within the United States is
able to exercise primary supervision over
the administration of the trust and
2. One or more U.S. persons have the
authority to control all substantial
decisions of the trust.

U.S. Person Filing Form 8858
The U.S. person filing Form 8858 is any
U.S. person that:
• Is the tax owner of an FDE.
• Owns a specified interest in an FDE
indirectly or constructively through a CFC
or a CFP. See items 2 and 3 of Who Must
File above for more detailed information.
Throughout these instructions, when
the pronouns “you” and “your” are used,
they are used in reference to the U.S.
person filing Form 8858.

Foreign Disregarded Entity
(FDE)
An FDE is an entity that is not created or
organized in the United States and that is
disregarded as an entity separate from its
owner for U.S. income tax purposes
under Regulations sections 301.7701-2
and -3. See the instructions for Form
8832, Entity Classification Election, for
more information.

When and Where to File

Tax Owner of FDE

Form 8858 is due when your income tax
return or information return is due,
including extensions. If you are the tax
owner of the FDE, attach Form 8858 and
the separate Schedule M, if required, to
your income tax return or information
return. If you are not the tax owner of the
FDE, attach Form 8858 to any Form 5471
or Form 8865 you are filing with respect
to the CFC or the CFP that is the tax
owner of the FDE.

The tax owner of the FDE is the person
that is treated as owning the assets and
liabilities of the FDE for purposes of U.S.
income tax law.

Definitions
U.S. person
A U.S. person is:

• A citizen or resident alien of the United

States (see Pub. 519, U.S. Tax Guide for
Aliens, for guidance on determining
resident alien status),
• A domestic partnership,
• A domestic corporation,
• Any estate (other than a foreign estate,
within the meaning of section
7701(a)(31)(A)), and
• Any domestic trust.
A domestic trust is any trust if:
Cat. No. 38123Q

Direct Owner of FDE
The direct owner of an FDE is the legal
owner of the disregarded entity.
For example, assume A, a U.S.
individual, is a 60% partner of CFP, a
controlled foreign partnership. FDE 1 is a
foreign disregarded entity owned by CFP,
and FDE 2 is a foreign disregarded entity
owned by FDE 1. In this example, FDE 1
is the direct owner of FDE 2, and CFP is
the direct owner of FDE 1. CFP is the tax
owner with respect to both FDE 1 and
FDE 2. A would be required to file the
Forms 8858 relating to FDE 1 and FDE 2
with the Form 8865 it files with respect to
CFP.

Penalties
Failure to file information required by
section 6038(a) (Form 8858 and
Schedule M).
• A $10,000 penalty is imposed for each
annual accounting period of each CFC or
CFP for failure to furnish the required

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Instructions for Form 8858

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information within the time prescribed. If
the information is not filed within 90 days
after the IRS has mailed a notice of the
failure to the U.S. person, an additional
$10,000 penalty (per CFC or CFP) is
charged for each 30-day period, or
fraction thereof, during which the failure
continues after the 90-day period has
expired. The additional penalty is limited
to a maximum of $50,000 for each failure.
• Any person who fails to file or report all
of the information required within the time
prescribed will be subject to a reduction of
10% of the foreign taxes available for
credit under sections 901, 902, and 960.
If the failure continues 90 days or more
after the date the IRS mails notice of the
failure to the U.S. person, an additional
5% reduction is made for each 3-month
period, or fraction thereof, during which
the failure continues after the 90-day
period has expired. See section
6038(c)(2) for limits on the amount of this
penalty.
Criminal penalties. Criminal penalties
under sections 7203, 7206, and 7207
may apply for failure to file the information
required by section 6038.
Note. Any person required to file Form
8858 and Schedule M who agrees to
have another person file the form and
schedules for him or her may be subject
to the above penalties if the other person
does not file a correct and proper form
and schedule.

Other Reporting
Requirements
Reporting Exchange Rates on
Form 8858
When translating amounts from functional
currency to U.S. dollars, you must use the
method specified in these instructions.
But, regardless of the specific method
required, all exchange rates must be
reported using a “divide-by convention”
rounded to at least 4 places. That is, the
exchange rate must be reported in terms
of the amount by which the functional
currency amount must be divided in order
to reflect an equivalent amount of U.S.
dollars. As such, the exchange rate must
be reported as the units of foreign
currency that equal one U.S. dollar,
rounded to at least 4 places. Do not
report the exchange rate as the number
of U.S. dollars that equal one unit of
foreign currency.
Note. You must round the result to more
than 4 places if failure to do so would
materially distort the exchange rate or the
equivalent amount of U.S. dollars.
Example. During its annual
accounting period, an FDE owned by a
U.S. person had current income of
30,255,400 Yen on Schedule H, line 6.
The Schedule H instructions specify that
the filer must translate these amounts into
U.S. dollars at the average exchange rate
for the tax year in accordance with the
rules of section 989(b). The average
exchange rate is 118.5050 Japanese Yen
to 1 U.S. dollar (0.00843846 U.S. dollars
to 1 Japanese Yen). Divide 30,255,400

Yen by 118.5050 to determine the U.S.
dollar amount to enter on line 7 of
Schedule H. Enter 118.5050 after the
flush language following line 7.

Electronic Filing of Form 8858
If you file your income tax return
electronically, see the instructions for your
income tax return for general information
about electronic filing.
Note. If you are filing Form 1120
electronically, you must attach Form
8858 electronically (as an attachment to
your electronically filed Form 5471, Form
8865, or Form 1120). If you are filing
Form 1040, 1041, or 1065 electronically
(with or without a Form 5471 or Form
8865), attach Form 8858 to the applicable
Form 8453.

Computer-Generated Form
8858 and Schedules
A computer-generated Form 8858 and its
schedules may be filed if they conform to
and do not deviate from the official form
and schedules. Generally, all
computer-generated forms must receive
prior approval from the IRS and are
subject to an annual review.
Submit all requests for approval to:
Internal Revenue Service, Attention:
Substitute Forms Program,
SE:W:CAR:MP:T:T:SP, 1111 Constitution
Avenue NW, IR-6406, Washington, DC
20224.
Important: Be sure to attach the
approval letter to Form 8858.
Every year, the IRS issues a revenue
procedure to provide guidance for filers of
computer-generated forms. In addition,
every year the IRS issues Pub. 1167,
General Rules and Specifications For
Substitute Forms and Schedules, which
reprints the most recent applicable
revenue procedure. Pub. 1167 can be
ordered by calling 1-800-TAX-FORM
(1-800-829-3676). This publication is also
available from the IRS website at
www.irs.gov.

Dormant FDEs
Announcement 2004-4, 2004-4 I.R.B.
357, provides for a summary filing
procedure for filing Form 8858 for a
dormant FDE. A dormant FDE is an FDE
that would be a dormant controlled
foreign corporation (CFC) if it were
treated as a foreign corporation for U.S.
tax purposes.
If you elect the summary procedure,
complete only the identifying information
above Schedule C on page 1 of Form
8858 for each dormant FDE as follows:
• The top margin of the summary return
must be labeled “Filed Pursuant to
Announcement 2004-4 for Dormant FDE.”
• Include the name, address, identifying
number, and tax year of the U.S. person
filing Form 8858 (see definition on page
1).
• Include the annual accounting period of
the dormant FDE (below the title of the
form) and complete items 1a through 1e
and 1g.
• Complete items 3a through 3d, if
applicable.

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• Complete items 4a through 4c, if

applicable.
File this summary return in the manner
described in When and Where To File on
page 1.

Specific Instructions
Important: If the information required in
a given section exceeds the space
provided within that section, do not write
“see attached” in the section and then
attach all of the information on additional
sheets. Instead, complete all entry spaces
in the section and attach the remaining
information on additional sheets. The
additional sheets must conform with the
IRS version of that section.

Identifying Information
Annual Accounting Period
Enter, in the space provided below the
title of Form 8858, the annual accounting
period of the FDE for which you are
furnishing information. The annual
accounting period of an FDE is the annual
accounting period or taxable year of the
tax owner. Therefore, in the case of a
U.S. tax owner, the annual accounting
period of the FDE is the taxable year of
the U.S. tax owner; and in the case of a
CFC or CFP that is a tax owner, the
annual accounting period of the FDE is
the annual accounting period of the CFC
or CFP.

Person Filing This Return
In the spaces provided at the top of page
1 of Form 8858, provide the identifying
information for the U.S. person filing Form
8858 (see definition on page 1).
If a U.S. corporation is the U.S.
person filing Form 8858 and is a member
of a consolidated group, list the common
parent as the person filing the return and
enter its identifying information in the
spaces provided at the top of page 1 of
the form.

Name Change
If the name of the person filing the return,
the tax owner, the direct owner, or the
FDE whose activities are being reported
changed within the past 3 years, show the
prior name(s) in parentheses after the
current name.

Addresses
Use the following instructions to complete
lines 1a, 2a, 2b, 3a, 4a, and the entry
spaces at the top of page 1 of the form for
the filer’s address.
U.S. Addresses. Include the suite,
room, or other unit number after the street
address. If the Post Office does not
deliver mail to the street address and the
U.S. person has a P.O. box, show the box
number instead.
Foreign Addresses. Enter the
information in the following order: city,
province or state, and country. Follow the
country’s practice for entering the postal

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Instructions for Form 8858

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code, if any. Do not abbreviate the
country name.

Identifying Numbers
Use the following instruction to complete
lines 1b, 3c, 4c, and the entry space at
the top of page 1 of the form for the filer’s
identifying number. The identifying
number of an individual is his or her social
security number (SSN). The identifying
number of all others is their employer
identification number (EIN).
If a U.S. corporation is the U.S.
person filing Form 8858 and is a member
of a consolidated group, see Person
Filing This Return on page 2.

Functional Currency
Use the following instruction to complete
lines 1i, 3e, and 4d.
Enter the entity’s functional currency.
See sections 985 and 989, and
Regulations sections 1.985-1(a) through
(c) and 1.989(a)-1(b) for rules for
determining the functional currency of a
qualified business unit (QBU) and the
definition of a QBU.
Hyperinflationary exception. An entity
that otherwise would be required to use a
hyperinflationary currency as its functional
currency must use the U.S. dollar as its
functional currency and compute income
or loss or earnings and profits using the
U.S. dollar approximate separate
transactions method of accounting
(DASTM) under the special rules of
Regulations section 1.985-3. See
Regulations section 1.985-1(b)(2).

Line 1h — Principal Business
Activity
Enter a brief description of the FDE’s
principal business activity.

Line 3b
If the tax owner is a CFC, enter the
annual accounting period covered by
Form 5471 (as described in Regulations
section 1.6038-2(e)). If the tax owner is a
CFP, enter the annual accounting period
covered by Form 8865 (as described in
Regulations section 1.6038-3(f)).

Line 5
You must attach an organizational chart
that includes the following information
with respect to the chain of ownership
between the tax owner and the FDE and
the chain of ownership between the FDE
and all entities in which the FDE has a
10% or more direct or indirect interest:
• The name and percentage of
ownership of all entities in the chain of
ownership, including partnerships and
entities disregarded as separate from
their owners.
• The FDE’s position in the chain of
ownership.
• The tax classification of all entities in
the chain of ownership (see Form 8832
instructions for tax classification rules and
related definitions).
• The country under whose law each
entity is organized.

For these purposes, the rules of
section 958(a) (relating to “direct and
indirect ownership”) apply.

Schedule F

Each filer of Form 8858 that is required
to file an organizational chart with respect
to more than one FDE may satisfy this
requirement by filing a single
organizational chart that includes the
required information with respect to all
FDEs.

Use Schedule F to report a summary
balance sheet for the FDE computed and
translated into U.S. dollars in accordance
with U.S. GAAP.
Special rule for DASTM. If the FDE
uses DASTM, Schedule F should be
prepared and translated into U.S. dollars
according to Regulations section
1.985-3(d), rather than U.S. GAAP.

Schedule C

Schedule G

Use Schedule C to report a summary
income statement for the FDE computed
in the FDE’s functional currency in
accordance with U.S. generally accepted
accounting principles (GAAP). Enter in
the U.S. dollar column each line item
functional currency amount translated into
dollars using U.S. GAAP translation rules.
If the FDE does not maintain U.S. GAAP
income statements in U.S. dollars, you
can use the average exchange rate as
determined under section 989(b). The
rate used should be the rate stated on
line 7, Schedule H. If you choose to use
the average exchange rate rather than
the U.S. GAAP translation rules, check
the box above line 1 on Schedule C.

Question 3

Special rules for DASTM. If the FDE
uses DASTM, the functional currency
column should reflect local
hyperinflationary currency amounts
computed in accordance with U.S. GAAP.
The U.S. dollar column should reflect
such amounts translated into dollars
under U.S. GAAP translation rules.
Differences between this U.S. dollar
GAAP column and the U.S. dollar income
or loss figured for tax purposes under
Regulations section 1.985-3(c) should be
accounted for on Schedule H. See
Schedule H, Special rules for DASTM,
below.
Line 7. Include on line 7, adjustments for
extraordinary items, prior period
adjustments, and the provision for
income, war profits, and excess profits
taxes deducted in accordance with U.S.
GAAP. The terms “extraordinary items”
and “prior period adjustments” have the
same meaning given to them by U.S.
GAAP (see Opinion No. 30 of the
Accounting Principles Board and
Statement No. 16 of the Financial
Accounting Standards Board).
Important: Differences between this
functional currency amount and the
amount of taxes that reduce E&P (in the
case of an FDE of a CFC) or are
deductible in computing U.S. taxable
income (in the case of an FDE of a U.S.
person or a CFP) should be accounted for
on line 2 or 3 of Schedule H.

Schedule C-1
Complete a separate Schedule C-1 for
each recipient that has a functional
currency that is different than the
functional currency of the FDE. See
section 987(3) for rules relating to branch
remittances.

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If the tax owner of the FDE is claiming a
section 165 loss with respect to worthless
stock or with respect to certain
obligations, see Regulations section
1.6011-4 for information relating to a
disclosure statement that must be
attached to Form 8858 if certain
requirements are met.

Question 4
If the FDE is not owned directly or
indirectly by a domestic corporation or the
FDE did not incur an NOL for the year,
please write “N/A” across the “Yes/No”
entry spaces for line 4 to indicate that the
question is not applicable. Otherwise, if
you are checking the “Yes” box, you may
need to attach an elective relief
agreement and/or an annual certification
as provided in Regulations section
1.1503-2(g)(2).

Schedule H
Use Schedule H to report the FDE’s
current earnings and profits (E&P) (if the
tax owner is a CFC) or taxable income (if
the tax owner is a U.S. person or a CFP).
Generally, enter the amounts on lines 1
through 6 in functional currency.
Special rules for DASTM. If the FDE
uses DASTM, enter on line 1 the dollar
GAAP income or (loss) from line 8 of
Schedule C. Enter on lines 2 and 3 the
adjustments made in figuring current E&P
or taxable income for U.S. tax purposes.
Report these amounts in U.S. dollars.
Enter on line 5 the DASTM gain or loss
figured under Regulations section
1.985-3(d).
Lines 2 and 3. Certain adjustments
must be made to the FDE’s line 1 net
book income or (loss) to determine its
current E&P or taxable income. The
adjustments may include those needed to
conform the foreign book income to U.S.
GAAP and to U.S. tax accounting
principles. If the FDE’s books are
maintained in functional currency in
accordance with U.S. GAAP, enter on line
1 the functional currency GAAP income or
(loss) from line 8 of Schedule C, rather
than starting with foreign book income,
and show GAAP-to-tax adjustments on
lines 2 and 3.
The adjustments may include the
following:
• Capital gains and losses.
• Depreciation, amortization, and
depletion.
• Investment or incentive allowance.

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Instructions for Form 8858

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• Charges to statutory reserves.
• Inventory adjustments. Inventories

must be taken into account according to
the rules of sections 471 (incorporating
the provisions of section 263A) and 472
and the related regulations.
• Taxes. See the instructions for
Schedule C, line 7.
Attach a separate schedule that lists
each applicable adjustment item. For
each adjustment item, indicate the
adjustment amount and whether the
amount is a net addition or net
subtraction. The separate schedule
should also show two totals, the total net
additions amount to be entered on line 2,
and the total net subtractions amount to
be entered on line 3.
Line 5. DASTM gain or (loss), reflecting
unrealized exchange gain or loss, should
be entered on line 5 only for FDEs that
use DASTM.
Line 7. Enter the line 6 functional
currency amount translated into U.S.
dollars at the average exchange rate for
the FDE’s tax year. See section 989(b).
Report the exchange rate using the
“divide-by convention” specified under
Reporting Exchange Rates on Form 8858
on page 2. If the FDE uses DASTM, enter
on line 7 the same amount entered on
line 6.
Blocked income. The E&P or taxable
income of the FDE, as reflected on
Schedule H, must not be reduced by all or
any part of such E&P or taxable income
that could not have been distributed by

the FDE due to currency or other
restrictions or limitations imposed under
the laws of any foreign country.

Schedule M
Important: In translating the amounts
from functional currency to U.S. dollars,
use the average exchange rate for the
FDE’s tax year. See section 989(b).
Report the exchange rate in the entry
space provided at the top of Schedule M
using the “divide-by convention” specified
under Reporting Exchange Rates on
Form 8858 on page 2.
Every U.S. person that is required to
file Schedule M (see Who Must File on
page 1) must file the schedule to report
the transactions that occurred during the
FDE’s annual accounting period ending
with or within the U.S. person’s tax year.
If a U.S. corporation is the U.S. person
filing Schedule M and is a member of a
consolidated group, list the common
parent as the U.S. person filing Schedule
M.
Column headings. There are 2 sets of
column headings above lines 1 through
19. The first set of column headings is to
be used in cases where the tax owner is a
CFP. The second set of column headings
is to be used in cases where the tax
owner is a CFC. If you are completing
Schedule M for an FDE for which the tax
owner is a CFP, check the box for CFPs
and complete lines 1 through 19 using the
headings in columns (a) through (e) of the

CFP set of columns. If you are completing
Schedule M for an FDE for which the tax
owner is a CFC, check the box for CFCs
and complete lines 1 through 19 using the
headings in columns (a) through (f) of the
CFC set of columns.
Column (e). Use column (e) to report
transactions between the FDE and any
U.S. person with a 10% or more direct
interest in the CFP or any 10% or more
U.S. shareholder of any corporation
controlling the CFC. If you are a Category
1 filer of Form 8865, or a Category 4 filer
of Form 5471, do not report transactions
between yourself and the FDE under
column (e). Report the transactions only
under column (b).
Line 6. Report on line 6 dividends
received by the FDE that were not
previously taxed under subpart F in the
current year or in any prior year.
Lines 18 and 19. Report on lines 18 and
19 the largest outstanding balances
during the year of gross amounts
borrowed from, and gross amounts
loaned to, the related parties described in
columns (b) through (f). Do not enter
aggregate cash flows, year-end loan
balances, average balances, or net
balances. Do not include open account
balances resulting from sales and
purchases reported under other items
listed on Schedule M that arise and are
collected in full in the ordinary course of
business.

Paperwork Reduction Act Notice. We ask for the information on this form to carry out the Internal Revenue laws of the United
States. You are required to give us the information. We need it to ensure that you are complying with these laws and to allow us to
figure and collect the right amount of tax.
You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the
form displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as long as their
contents may become material in the administration of any Internal Revenue law. Generally, tax returns and return information are
confidential, as required by section 6103.
The time needed to complete and file this form and related schedules will vary depending on individual circumstances. The
estimated burden for individual taxpayers filing this form is approved under OMB control number 1545-0074 and is included in the
estimates shown in the instructions for their individual income tax return. The estimated burden for all other taxpayers who file this
form is shown below.
Learning about the
law or the form

Preparing and sending
the form to the IRS

Form

Recordkeeping

8858

17 hr., 56 min.

4 hr., 10 min.

4 hr., 38 min.

24 hr., 9 min.

6 min.

30 min.

Sch. M (8858)

If you have comments concerning the accuracy of these time estimates or suggestions for making this form and related
schedules simpler, we would be happy to hear from you. See the instructions for the tax return with which this form is filed.

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