8858 Instructions for Form 8858

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Instructions for Form 8858

Department of the Treasury
Internal Revenue Service

(Rev. December 2018)

Information Return of U.S. Persons
With Respect To Foreign Disregarded Entities (FDEs) and Foreign Branches (FBs)

DRAFT AS OF
September 17, 2018
Section references are to the Internal Revenue
Code unless otherwise noted.

Future Developments

For the latest information about
developments related to Form 8858,
Schedule M (Form 8858), and their
instructions, such as legislation enacted
after they were published, go to
IRS.gov/Form8858.

What's New

• The filing of Form 8858, including the

separate Schedule M (Form 8858), has
been expanded to include the reporting
of foreign branch activity of a U.S.
person, a controlled foreign corporation
(CFC), or a controlled foreign
partnership (CFP). A separate Form
8858 is filed for each foreign branch
(FB) or foreign disregarded entity (FDE).
See Who Must File, later.
• Changes were made throughout the
Form 8858 to account for the filing of the
form by either an FB or FDE, as needed.
• Changes were made to Schedule C-1
to address new regulations under
section 987.
• Lines were revised or added to
Schedule G, Other Information,
including new lines 6 and 7, relating to
section 59A, as added by P.L. 115-97.
• New Schedule I, Transferred Loss
Amount, relating to Section 91, enacted
by P.L. 115-97, section 14102, has
been added to Form 8858. See
Schedule I, later.
• New Schedule J, Income Taxes Paid
or Accrued, has been added to Form
8858. See Schedule J, later.
• Schedule M (Form 8858) is required
to be filed with each Form 8858 for an
FB and an FDE, regardless of the tax
owner.

General Instructions
Purpose of Form

Form 8858 is used by certain U.S.
persons that operate an FB or own an
FDE directly or, in certain
circumstances, indirectly or
constructively. See U.S. Person Filing
Form 8858, later. The form and
schedules are used to satisfy the
reporting requirements of sections

Sep 11, 2018

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),
operate an FB, or that own certain
interests in foreign tax owners of FDEs
or FBs, must file Form 8858 and
Schedule M (Form 8858).
1. U.S. persons that are tax owners
of FDEs or operate an FB at any time
during the U.S. person's tax year or
annual accounting period. Complete the
entire Form 8858, including the
separate Schedule M (Form 8858),
Transactions Between Foreign
Disregarded Entity (FDE) or Foreign
Branch (FB) and the Filer or Other
Related Entities.
2. U.S. Person that directly (or
indirectly through a tier of FDEs or
partnerships) is a tax owner of an FDE
or operates an FB. Complete the entire
Form 8858, including the separate
Schedule M (Form 8858).
3. 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 or
operates an FB 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 (Form 8858).
Category 5 filers of Form 5471.
Complete only the identifying
information on page 1 of Form 8858 (for
example, everything before Schedule C)
and Schedules G, H, and J. Do not
complete the separate Schedule M
(Form 8858).
4. 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 or
operates an FB 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 (Form 8858).
Category 2 filers of Form 8865.
Complete only the identifying
information on page 1 of Form 8858 (for
example, everything above Schedule C)
Cat. No. 38123Q

and Schedules G, H, J, and the
separate Schedule M (Form 8858). 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 separate Schedule M (Form
8858) with respect to the FDE or FB.
Note. Complete a separate Form 8858
and all applicable schedules for each
FDE or FB.

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 (Form
8858), 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 or
indirect FB 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.

When and Where To File

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 or operate an FB,
attach Form 8858 and the separate
Schedule M (Form 8858), if required, to
your income tax return or information
return. If you are not the tax owner of the
FDE or indirect FB, 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 or
operates the FB.

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:
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.

liabilities of the FDE for purposes of
U.S. income tax law.

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
an FDE owned by CFP, and FDE 2 is an
FDE 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.

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
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.

DRAFT AS OF
September 17, 2018
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, earlier, for more detailed
information.
• Operates (directly or indirectly
through a tier of FDEs or partnerships)
an FB.
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 301.7701-3. See the
instructions for Form 8832, Entity
Classification Election, for more
information.
An eligible entity uses Form 8832 to
elect how it will be classified for federal
tax purposes. A copy of Form 8832 is
attached to the entity's federal tax return
for the tax year of the election; however,
special rules apply if the entity is not
required to file a tax return. For more
information, see Where To File in the
instructions for Form 8832.
Note. Rules, effective September 28,
2009, allow an eligible entity to request
a late entity classification election. See
Rev. Proc. 2009-41, 2009-39 I.R.B. 439
for more information.

Tax Owner of FDE

The tax owner of the FDE is the person
that is treated as owning the assets and

Foreign Branch (FB)

A foreign branch is defined in
Regulations section 1.367(a)-6T(g). For
purposes of filing a Form 8858, a foreign
branch also includes a qualified
business unit (QBU) defined in
Regulations section 1.989(a)-1(b)(2)(ii).
For example, assume A, a domestic
corporation, operates an FB, FB1, in
country X and is the tax owner of an
FDE, FDE1, in country Y that also
operates an FB, FB2, in country Z. In
addition, A is the sole owner of CFC that
operates an FB, FB3, in country Z. FB1,
FB2 and FB3 qualify as an FB under
Regulations section 1.367(a)-6T(g).
In this example, A is the direct owner
of the activities of FB1 and FDE1, and
an indirect owner of the activities of
FB2, through its ownership of FDE1.
CFC is the direct owner of the activities
of FB3. A would be required to file
separate Forms 8858 relating to FB1,
FDE1, and FB2, its indirect FB through
its ownership of FDE1.
CFC is the tax owner with respect to
the FB activities of FB3. A would be
required to file the Form 8858 relating to
FB3 with the Form 5471 it files with
respect to CFC. The Form 5471 for CFC
would include any income or loss
incurred by FB3.

Penalties
Failure to file information required
by section 6038(a) (Form 8858 and
Schedule M (Form 8858)).
• A $10,000 penalty is imposed for
each annual accounting period of each
CFC or CFP for failure to furnish the
required 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
-2-

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 (Form 8858) 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

Instructions for Form 8858 (Rev. 12-2018)

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.

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 CFC if it
were treated as a foreign corporation for
U.S. tax purposes.

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 U.S.
Person, earlier).
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.

DRAFT AS OF
September 17, 2018
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 or
1065 electronically, you must attach
Form 8858 electronically (as an
attachment to your electronically filed
Form 5471, Form 8865, Form 1120, or
Form 1065). If you are filing Form 1040
or Form 1041 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:M:S
1111 Constitution Avenue NW
IR-6526 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 is available at www.irs.gov/
Pub1167, or can be ordered by calling
1-800-TAX-FORM (1-800-829-3676).

Instructions for Form 8858 (Rev. 12-2018)

If you elect the summary procedure,
complete only the identifying information
before 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 U.S.
Person, earlier).
• Include the annual accounting period
of the dormant FDE (below the title of
the form) and complete 1a through 1e
and 1g.
• Complete 3a through 3d, if
applicable.
• Complete 4a through 4c, if
applicable.
File this summary return in the
manner described in When and Where
To File, earlier.

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 or FB for
which you are furnishing information.
The annual accounting period of an
FDE or FB is the annual accounting
period or tax year of the tax owner.
Therefore, in the case of a U.S. tax
owner, the annual accounting period of
the FDE or FB is the tax 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 or FB is
the annual accounting period of the
CFC or CFP.
-3-

Name Change

If the name of the person filing the
return, the tax owner, the direct owner,
the FB, 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 code, if any. Do not abbreviate
the country name. However, if you are
filing Form 8858 electronically, enter a
valid country code posted on the IRS
website IRS.gov/CountryCodes instead
of 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, earlier.

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.

the FDE, FB, or tax owner no longer
exists due to disposition or liquidation),
the reference ID number used for that
FDE, FB, or tax owner cannot be used
again for another FDE, FB, or tax owner
for purposes of Form 8858 reporting.

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).

There are some situations that
warrant correlation of a new reference
ID number with a previous reference ID
number when assigning a new
reference ID number to an FDE, FB, or
tax owner partnership. For example:
• In the case of a merger or acquisition,
a Form 8858 filer must use a reference
ID number which correlates the previous
reference ID number with the new
reference ID number assigned to the
FDE, FB, or tax owner.
• Under Regulations section
301.6109-1(b)(2)(v), a foreign entity that
makes an entity classification election
on Form 8832 to become an FDE must
have an EIN. For the first year that Form
8858 is required to be filed after an
entity classification election is made on
behalf of the foreign entity on Form
8832, the new EIN must be entered on
line 1b(1) of Form 8858 and the old
reference ID number must be entered
on line 1b(2) of Form 8858. In
subsequent years, a filer may continue
to enter both the EIN on line 1b(1) and
the reference ID number on line 1b(2),
but must enter at least the EIN on
line 1b(1).

Line 3c(2)—Reference ID
Number

A reference ID number (defined earlier)
is required on line 3c(2) only in cases
where no EIN was entered on line 3c(1).
However, filers are permitted to enter
both an EIN on line 3c(1) and a
reference ID number on line 3c(2). If this
tax owner is a CFC, enter the reference
ID number for the CFC from Form 5471
Item 1b(2). If this tax owner is a CFP,
enter the reference ID number for the
CFP from Form 8865 Item F2(b). See
the instructions for line 1b(2) for more
information about the requirements for
the reference ID number.

DRAFT AS OF
September 17, 2018
Line 1b(2)—Reference ID
Number

A reference ID number (defined below)
is required on line 1b(2) only in cases
where no EIN was entered on line 1b(1)
for the FDE or FB. However, filers are
permitted to enter both an EIN on
line 1b(1) and a reference ID number on
line 1b(2). If applicable, enter the
reference ID number you have assigned
to the FDE or FB identified on line 1a.
A "reference ID number" is a number
established by or on behalf of the U.S.
person identified at the top of page 1 of
the form that is assigned to an FDE or
FB with respect to which Form 8858
reporting is required. These numbers
are used to uniquely identify the FDE or
FB in order to keep track of the FDE or
FB from tax year to tax year.
The reference ID number must meet
the requirements set forth below.

Note. Because reference ID numbers
are established by or on behalf of the
U.S. person filing Form 8858, there is no
need to apply to the IRS to request a
reference ID number or for permission
to use these numbers.

Requirements

The reference ID number that is entered
in item 1b(2) must be alphanumeric
(defined below) and no special
characters or spaces are permitted. The
length of a given reference ID number is
limited to 50 characters.
For these purposes, the term
"alphanumeric" means the entry can be
alphabetical, numeric, or any
combination of the two.
The same reference ID number must
be used consistently from tax year to tax
year with respect to a given FDE, FB, or
tax owner. If for any reason a reference
ID number falls out of use (for example,

You must correlate the reference ID
numbers as follows: New reference ID
number (space) Old reference ID
number. If there is more than one old
reference ID number, you must enter a
space between each such number. As
indicated above, the length of a given
reference ID number is limited to 50
characters and each number must be
alphanumeric and no special characters
are permitted.
Note. This correlation requirement
applies only to the first year the new
reference ID number is used.

Line 1h—Principal Business
Activity

Enter a brief description of the FDE’s or
FB’s principal business activity.

Line 3b

Line 4

If the FDE has more than one direct
owner, attach a statement to Form 8858
that includes the information requested
on line 4 for each additional direct
owner.

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 or
FB and the chain of ownership between
the FDE or FB and all entities in which
the FDE or FB 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 or FB’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.
Each filer of Form 8858 that is
required to file an organizational chart
with respect to more than one FDE
and/or FB may satisfy this requirement
by filing a single organizational chart
that includes the required information
with respect to all FDEs and FBs.

Schedule C

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)).

Use Schedule C to report a summary
income statement for the FDE or FB
computed in the FDE’s or FB’s
functional currency in accordance with
U.S. generally accepted accounting
principles (GAAP). Enter in the U.S.
dollar column each line item functional

-4-

Instructions for Form 8858 (Rev. 12-2018)

currency amount translated into dollars
using U.S. GAAP translation rules. If the
FDE or FB 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.

However, if the U.S. person filing
Form 8858 knows that the owner of a
QBU has the same functional currency
as a QBU owned by that person, the
U.S. person filing Form 8858 is not
required to complete Schedule C-1 with
respect to that owner’s interest in the
QBU.

computed and translated into U.S.
dollars in accordance with U.S. GAAP.
Special rule for DASTM. If the FDE or
FB 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.

DRAFT AS OF
September 17, 2018
Special rules for DASTM. If the FDE
or FB 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 Special rules for DASTM, under
Schedule H, later.
Line 13. Include on line 13 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 or FB of a CFC) or are
deductible in computing U.S. taxable
income (in the case of an FDE or FB of
a U.S. person or a CFP) should be
accounted for on line 2 or 3 of
Schedule H.

Schedule C-1

The activities of an FDE or FB may give
rise to one or more qualified business
units (“QBUs”). If the QBU has a
different functional currency than its
owner, then such owner may be subject
to section 987.
If an owner would be treated as
owning multiple QBUs, complete a
separate Schedule C-1 with respect to
each QBU of the owner.
If a QBU has multiple owners,
complete a separate Schedule C-1 for
each owner.
Instructions for Form 8858 (Rev. 12-2018)

If the U.S. person filing Form 8858
does not know and does not have
reason to know the functional currency
of the owner of a QBU, leave column (b)
of lines 1 and 2 blank.

Line 2

Report on line 2 the amount of
section 987 gain or loss recognized by
the recipient that results from a
remittance from a QBU or a termination
of a QBU.

For amounts reported on line 2 of
Schedule C-1, include a statement with
the following information.
• A description of the methodology
used to calculate the section 987 gain or
loss.
• The amount of section 987 gain or
loss included on line 2 that was
previously deferred under regulations
section 1.987-12T.

Line 3
Report on line 3 the amount of
section 987 gain or loss that is deferred
under Regulations section 1.987-12T
either from a deferral event or an
outbound loss event.
If an amount is included on line 3,
include a statement that provides the
following information.
• Description of the deferral event or
outbound loss event.
• The amount of section 987 gain or
loss recognized in the taxable year of
the deferral event or outbound loss
event.
• For an outbound loss event described
in Regulations section 1.987-12T(d)(4),
the amount of section 987 loss that is an
adjustment to stock basis and the name
of the CFC that had an adjustment to its
basis from the outbound loss event.

Schedule G

Line 3

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.

Lines 6 and 7

A base erosion payment, in general,
means any amount paid or accrued by
an “applicable taxpayer” (as defined by
section 59A(e)) to a foreign person
which is a related party of the taxpayer
and with respect to which a deduction is
allowable under Chapter 1 of the Code.
See section 59A(d).
A base erosion tax benefit, in
general, means any deduction which is
allowed under Chapter 1 for the taxable
year with respect to any base erosion
payment. Section 59A(c)(2).
See sections 59A(f) and 59A(g) and
the Instructions for Form 8991 for the
definitions of “foreign person” and
“related party.”
Also, see the Instructions for Form
8991 for the determination of a base
erosion payment and a base erosion tax
benefit.

Line 6a
Check “Yes,” if the FB or FDE
received (or accrued the receipt of) any
base erosion tax payment, or had a
base erosion tax benefit, from a foreign
person which is a related party of the FB
or FDE. Otherwise, check “No.”
If “Yes,” complete lines 6b and 6c,
where appropriate.

Line 5

Line 6b

If the owner changed the method of
accounting for its section 987 gain or
loss, provide a statement describing the
previous method used, the new method
being used, and the rationale for the
change in method of accounting.

Enter the total amount of base
erosion payments received (or accrued
the receipt of) by the FB or FDE for the
tax year.

Schedule F

Use Schedule F to report a summary
balance sheet for the FDE or FB
-5-

Line 6c
Enter the total amount of base
erosion tax benefit recognized by payor
relating to base erosion payments
reported on line 6b. Also include on

line 6c any base erosion tax benefit
taken into account in the current year
from a base erosion payment in a
previous year, for example, depreciation
described in section 59A(c)(2)(A)(ii).

Line 7a
Check “Yes,” if the FB or FDE paid
(or accrued the payment of) any base
erosion tax payment, or had a base
erosion tax benefit, to a foreign person
which is related party of the FB or FDE.
Otherwise, check “No.”

Line 11a
If the FB or interest in the FDE is
treated as a separate unit under
Regulations section 1.1503(d)-1(b)(4),
is part of a combined separate unit and
the combined separate unit has a DCL
for the tax year, check “Yes,” and go to
lines 11b and c. Otherwise, check “No,”
then skip lines 11b through 12e and go
to line 13a.

have attached any of the following
documents to your timely filed return:
• The document(s) required to be filed
under an elective agreement between
the U.S. and a foreign country, see
Regulations section 1.503(d)-6(b)(1);
• “No Possibility of Foreign Use of Dual
Consolidated Loss Statement,” see
Regulations section 1.1503(d)-6(c); or
• “Domestic Use Election and
Agreement,” see Regulations section
1.1503(d)-6(d)(1).

DRAFT AS OF
September 17, 2018
If “Yes,” complete lines 7b and 7c,
where appropriate.

Line 7b

Enter the total amount of base
erosion payments paid or accrued by
the FB or FDE for the tax year.

Line 7c
Enter the total amount of base
erosion tax benefit relating to base
erosion payments reported on line 7b.
Also include on line 7c any base erosion
tax benefit taken into account in the
current year from a base erosion
payment in a previous year, for
example, depreciation described in
section 59A(c)(2)(A)(ii).

Line 8
Check “Yes” if the FB or FDE is a
QBU as defined in section 989(a). If the
QBU is subject to section 987, see
Schedule C-1.

Line 9
Answer line 9 only if the tax owner of
the FB or FDE is a CFC. Otherwise, skip
to line 10.

Lines 10 through 13
Complete lines 10 through 13 only if
the tax owner of the FB, or the tax
owner of the interest in the FDE, is a
U.S. corporation. Otherwise, continue to
Schedule H.
An FB or interest in an FDE of a U.S.
corporation may be treated as a
separate unit and subject to dual
consolidated loss (DCL) rules pursuant
to Regulations sections 1.1503(d)-1
through 1.1503(d)-8.

Line 10a
Check “Yes” if the FB or FDE is a
separate unit under Regulations section
1.1503(d)-1(b)(4), is not part of a
combined separate unit under
Regulations section 1.1503-1(b)(4)(ii),
and has a DCL for the tax year. If you
checked “Yes” on line 10a, enter the
amount of the DCL on line 10b.

Line 11b

If you checked “Yes” on line 11a,
enter the amount of the DCL for the
combined separate unit (as defined in
Regulations section 1.1503(d)-1(b)(4)).
See Regulations section 1.1503(d)-5(c)
(4)(ii) and complete line 11c.

Line 11c

If you checked “Yes” on line 11a,
enter the net income or (loss) attributed
to the FB or the interest in the FDE. See
Regulations section 1.1503(d)-5(c)(4)(ii)
(A).

Line 12a

Subject to certain exceptions, a
domestic use of a dual consolidated
loss is not permitted (“domestic use
limitation rule”). A domestic use is
deemed to occur in the year the dual
consolidated loss is included in the
computation of the taxable income of a
consolidated group, unaffiliated dual
resident corporation, or unaffiliated
domestic owner, as applicable. See
Regulations section 1.1503(d)-2.
Check “Yes” to line 12a if any portion
of the DCL on lines 10b or 11b was
taken into account in computing U.S.
taxable income for the year. If “Yes,” go
to line 12b. If “No,” go to line 13a.

Line 12b

A domestic use of a dual consolidated
loss is permitted if an exception to the
domestic use limitation rule applies. See
Regulations section 1.1503(d)-6 for
exceptions. For example, a domestic
use election made pursuant to
Regulations section 1.1503(d)-6(d) is
such an exception.

Line 12d

If a separate unit, as defined under
Regulations section 1.1503(d)-1(b)(4),
incurs a dual consolidated loss after
having contributed to consolidated
taxable income of a group in prior years,
the dual consolidated loss may be used
to offset income of domestic affiliates in
the year of the dual consolidated loss
(limited by the amount of the separate
unit’s prior contribution to the cumulative
consolidated taxable income of the
group (“cumulative register”)). See
Regulations sections 1.1503(d)-4(c)
and 1.1502-21(c).
Check “Yes” on line 12d if the DCL
was used to compute consolidated
taxable income. If the DCL amount
exceeds the separate unit’ s cumulative
register as of the beginning of the tax
year, the amount of DCL claimed is
limited to the extent of the cumulative
register and should be reflected on
line 10b or 11b, as appropriate. Any
excess DCL is treated as a loss
carryover subject to the SRLY
provisions of Regulations section
1.1502–21(c), as modified by
Regulations section 1.1503(d)-4. Do not
answer “Yes” to line 12d if the DCL was
used to compute consolidated taxable
income pursuant to one of the
exceptions under Regulations section
1.1503(d)-6. See lines 12b and 12c,
above. If the answer to line 12d is “Yes,”
go to line 12e.

If you check “Yes,” you may need to
include a domestic use election with
your U.S. income tax return. If the
answer to line 12b is “Yes,” go to
line 12c. If the answer to line 12b is
“No,” skip line 12c and go to line 12d.

Check “No” on line 12d if the DCL
was not used to compute consolidated
taxable income or the separate unit’s
cumulative register as of the beginning
of the tax year is less than or equal to
zero. In such case, the DCL is treated
as a loss carryover subject to the SRLY
provisions of Regulations section
1.1502-21 (c), as modified by
Regulations section 1.1503(d)-4.

Line 12c

Line 12e

If you checked “Yes” on line 12b, the
regulations require that you file
documentation for an exception to
apply. Check “Yes” on line 12c if you
-6-

If the answer to line 12d is “Yes,” enter
the separate unit’s contribution to the
cumulative consolidated taxable income
as of the beginning of the tax year.
Instructions for Form 8858 (Rev. 12-2018)

Line 13a
Check “Yes,” if a triggering event
occurred under Regulations section
1.1503(d)-6(e) requiring recapture of
any DCLs attributable to the FB or
interest in the FDE, individually or as
part of a combined separate unit, in any
prior tax years. If “Yes,” enter the total
amount of recapture on line 13b. In
addition, attach a statement to Form
8858 that provides a detailed
description of the triggering event, the
regulation citation for the triggering
event, and a schedule of the prior
year(s) DCL(s) being recaptured by
year.

Lines 2 and 3

Certain adjustments must be made to
the FDE or FB’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 or FB’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 14 of Schedule C, rather
than starting with foreign book income,
and show GAAP-to-tax adjustments on
lines 2 and 3.

limitations imposed under the laws of
any foreign country.

Schedule I

Important. Schedule I should be
completed if the FB or FDE is owned:
• Directly by a domestic corporation, or
• Indirectly by a domestic corporation
through a tiered structure of FDE’s or
FBs.

DRAFT AS OF
September 17, 2018
Check “No” if, with regard to each
such prior year DCL, one of the
following is applicable:
• No triggering event occurred in the
current tax year;
• A triggering event occurred in the
current tax year, however a “Rebuttal to
Triggering Event” is attached to the
return pursuant to Regulations section
1.1503(d)-6(e)(2); or
• A triggering event occurred in the
current tax year, however the amount of
the recapture was reduced to zero
pursuant to Regulation section
1.1503(d)-6(h)(2) and a “Reduction of
Recapture Amount” is attached to the
return.
Note. If there is a partial reduction of
the recapture amount pursuant to the
Regulation section 1.1503(d)-6(h)(2)
and a recapture amount is required to
be included in income, check “Yes”,
enter the reduced amount of the DCL
recapture included in income, and
attach the “Reduction of Recapture
Amount” to the return.

Schedule H

Use Schedule H to report the FDE's
current earnings and profits (E&P) or the
FB’s income (if the tax owner is a CFC)
or the FDE or FB’s 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
or FB uses DASTM, enter on line 1 the
dollar GAAP income or (loss) from
line 14 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).

Instructions for Form 8858 (Rev. 12-2018)

The adjustments may include the
following:
• Capital gains and losses.
• Depreciation, amortization, and
depletion.
• Investment or incentive allowance.
• 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 13.
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 or FBs 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
or FB’s tax year. See section 989(b).
Report the exchange rate using the
“divide-by convention” specified under
Reporting Exchange Rates on Form
8858, earlier. If the FDE or FB uses
DASTM, enter on line 7 the same
amount entered on line 6.

Blocked income. The E&P or taxable
income of the FDE or FB, 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 or FB due to
currency or other restrictions or
-7-

Schedule I should not be completed
if the FB or FDE is owned by a CFC.

Line 1

Check “Yes,” if any assets of an FB
(or a branch that is an FDE) were
transferred to a foreign corporation
during the tax year. If “Yes,” continue to
line 2, otherwise check “No”, and do not
complete the rest of Schedule I.

Line 2
Check “Yes,” if the transferor was a
domestic corporation that transferred
substantially all of the assets of an FB
(or a branch that is an FDE) to a
specified 10-percent owned foreign
corporation. A specified 10 percent
owned foreign corporation is defined in
section 245A(b)(1) as any foreign
corporation with respect to which any
domestic corporation is a United States
shareholder with respect to such
corporation. If “Yes,” continue to line 3.

Line 3
Check “Yes,” if the transferor was a
domestic corporation and immediately
after the transfer the domestic
corporation was a U.S. shareholder (10
percent or more shareholder) with
respect to the transferee foreign
corporation. If “Yes,” continue to line 4,
otherwise stop.

Line 4
Under section 91, the U.S. transferor
must include in gross income an amount
equal to the transferred loss amount
(TLA), if any, as defined in section 91(b)
upon a transfer of substantially all of the
assets of an FB (including an FB that is
an FDE) to a foreign corporation. The
TLA is the sum of losses incurred by the
foreign branch or FDE or FB after
December 31, 2017 and before the
transfer and with respect to which a
deduction was allowed to the U.S.
transferor reduced by the sum of 1) any
taxable income of such branch for a tax
year after the tax year in which the loss
was incurred and through the close of
the taxable year of the transfer and 2)
any amount recognized under section
904(f)(3) resulting from the transfer. See

also P.L. 115-97, section 14102(d)(4)
for the transition rule of section 91.

credit is disallowed under section 901(j),
(k), (l) or (m).

The TLA amount may be reduced
(but not below zero) by the amount of
gain recognized on account of the
transfer, other than the amounts
recognized under section 904(f)(3), if
any. Enter the amount of the TLA
included in gross income as a positive
number on line 4.

Except as provided below,
adjustments to foreign income taxes
paid or accrued in a prior year should
not be reflected on the Form 8858 in the
year of adjustment. Instead, they are
reported in the year to which such taxes
relate. This may require an amended
return. See section 905(c) as amended
by P.L. 115-97. Adjustments include
additional payments, refunds and
downward adjustments for accrued
foreign taxes that are not paid within two
years after the close of the tax year to
which such taxes relate.

Exceptions. If one of the following
exceptions applies, use the exchange
rate in effect on the date the foreign
entity paid the tax.
1. The tax is paid before the
beginning of the year to which the tax
relates.
2. Accrued taxes are not paid
before the date two years after the close
of the taxable year to which such taxes
relate.
3. There is an election in effect
under section 986(a)(1)(D) to translate
foreign taxes using the exchange rate in
effect on the date of payment.
4. The foreign entity reports on the
cash basis. See section 986(a).

DRAFT AS OF
September 17, 2018
If the amount is equal to or less than
zero, enter zero and no TLA is required
to be recognized by the U.S. transferor
on the transfer under section 91. If the
amount is greater than zero, enter the
TLA on line 4 and report this amount as
other income on the applicable Form
1120 (for Form 1120 filers, page 1,
Line 10, Other Income) and identify the
amount as “Section 91 Transferred Loss
Amount.” In addition, attach a
“Schedule I - Transferred Loss Amount
Additional Information” statement to the
Form 8858 and provide the following
information.
• A detailed calculation of the
transferred loss amount reflecting
amounts of the losses generated by
such foreign branch after December 31,
2017 by year and any income amounts
by year generated after such loss year.
• The amount, if any, recognized under
section 904(f)(3) on account of the
transfer.
• A detailed summary of the gain
recognized (other than section 91) by
the transferor, including any section
367(a)(1) gain on the transfer of
property.
• A calculation of the net sum of the
previously deducted losses incurred by
such foreign branch for tax years prior to
January 1, 2018 that would have been
recaptured under section 367(a)(3)(C),
as determined without regards to the
repeal of the section 367(a)(3) active
trade or business exception by P.L.
115-97, section 14102.

Schedule J

List income, war profits, and excess
profits taxes (“income taxes”) paid or
accrued to the United States and to
each foreign country or U.S. possession
for the foreign entity’s foreign tax year(s)
that end with or within its U.S. taxable
year. Do not report taxes that are not
creditable, including taxes for which a

Exceptions. With respect to entities
that are owned by a foreign corporation,
adjustments in such entities’ taxable
years which end with or within the
foreign corporation’s taxable years
beginning on or before December 31,
2017, to foreign income taxes paid or
accrued in a prior year by the foreign
entity are reported in the year of
adjustment. See section 905(c) before
amendment by P.L. 115-97. Report
adjustments to foreign taxes paid or
accrued for each prior year on a
separate line. In column (a), following
the two-letter country code, include the
tax year (YYYY-MM-DD) to which the
tax relates. Report refunds and other
downward adjustments in columns (b)
and (d) as negative amounts.

With respect to entities owned
directly by a United States person,
certain de minimis adjustments may be
taken into account in the year of such
adjustment. See section 1.905-3T(d)(1).
Column (a). Enter the two-letter
country code (from the list at IRS.gov/
CountryCodes) of all foreign countries
and U.S. possessions within which
income is sourced and/or to which taxes
were paid, accrued, or deemed paid.
Enter the foreign tax year
(YYYY-MM-DD) of the foreign entity to
which the tax relates.
Columns (b) through (d). Report
income taxes in column (b) in the local
currency in which the taxes are payable.
Translate these amounts into U.S.
dollars at the average exchange rate for
the tax year to which the tax relates
unless one of the exceptions below
applies. See section 986(a).

-8-

Enter the exchange rate used in
column (c). Report the exchange rate
using the “divide-by convention”
specified under Reporting Exchange
Rates on Form 8858, earlier. Enter the
translated dollar amount in column (d).

Columns (e) through (h). Enter the
amount by separate category of income
in columns (e) through (h).
Example 1. A foreign entity owned
by a foreign corporation pays or accrues
tax of 10u = $10 to Country X with
respect to the entity’s foreign tax year
ending November 30, 2018, and also
receives in that year a refund of 3u from
Country X with respect to the entity’s
foreign tax year ending November 30,
2015, that was originally translated to
equal $5. All taxes relate to general
category income. The following entries
should be made in Schedule J.
On Line 1,
• column (a): Country Code XX
2018-11-30,
• column (b): 10u
• column (c): 1.0000
• column (d): $10
• column (g): $10
On Line 2,
• column (a): Country Code XX
2015-11-30
• column (b): (3u)
• column (c): 0.6000
• column (d): ($5)
• column (g): ($5)
See the filled in example of
Schedule J below.

Instructions for Form 8858 (Rev. 12-2018)

Example 1
Schedule J

Income Taxes Paid or Accrued (See Instructions)
Foreign Income Taxes

(a)
Country or
Possession

Foreign Tax Credit Separate Categories

(b)
Foreign Currency

(c)
Conversion Rate

(d)
U.S. Dollar

(e)
Foreign Branch

(f)
Passive

(g)
General

XX 2018–11–30

10

1.0000

10

10

XX 2015–11–30

(3)

0.6000

(5)

(5)

5

5

(h)
Other

DRAFT AS OF
September 17, 2018
Totals

Example 2. A foreign entity pays or
accrues tax of 10u = $10 to Country X
with respect to the entity’s foreign tax
year ending November 30, 2019, and
with respect to a 21u liability that was
originally translated to equal $35,
receives a refund of 3u from Country X
with respect to the entity’s foreign tax
year ending November 30, 2015, that
was originally translated to equal $5. All
taxes relate to general category income.
The following entries should be made
on Schedule J of the Form 8858 filed for
the foreign tax year ending November
30, 2019.
• column (a): Country code XX
2018-11-30
• column (b): 10u
• column (c): 1.0000
• column (d): $10
• column (g), $10
The following entries should be made
on Schedule J of the amended form
8858 filed for the foreign tax year ending
November 30, 2015.
• column (a): Country code XX
2015-11-30
• column (b): 18u
• column (c): 0.6000
• column (d): $30
• column (g), $30
For additional instructions on the
reporting of foreign taxes for entities
filing a Form 8858 that are owned by a
foreign corporation, see instructions of
Form 5471 Schedule E.
For purposes of column (h), enter
foreign taxes related to a separate
category of income not otherwise listed
in columns (e), (f) or (g). Identify the
taxes with respect to each separate
category of income. For example, if a
foreign entity pays taxes to Country A
that are related to two separate
categories of income, report the taxes
related to the first separate category on
one line and the taxes related to the
other separate category on another line.
For purposes of determining the
applicable categories of income, see
Categories of Income in the Instructions

Instructions for Form 8858 (Rev. 12-2018)

for Form 1118 or in the Instructions for
Form 1116, as applicable.

Schedule M

Important: In translating the amounts
from functional currency to U.S. dollars,
use the average exchange rate for the
FDE’s or FB’s tax year. See section
989(b). Report the exchange rate in the
entry space provided at the top of
Schedule M (Form 8858) using the
“divide-by convention” specified under
Reporting Exchange Rates on Form
8858, earlier.
A Schedule M must be filed with
each Form 8858 if the FDE or FB
entered into any transaction with the filer
of the Form 8858 or other related
entities during the annual accounting
period of the FDE or FB.
Every U.S. person that is required to
file Schedule M (Form 8858) (see Who
Must File, earlier) must file the schedule
to report the transactions that occurred
during the FDE’s or FB’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 (Form 8858)
and is a member of a consolidated
group, list the common parent as the
U.S. person filing Schedule M (Form
8858).
Reference ID number. A reference ID
number for the FDE or FB identified on
Schedule M (Form 8858), is required if
no EIN is provided. However, filers are
permitted to provide both an EIN and
reference ID number. For more
information on the reference ID number,
see Line 1b(2) Reference ID Number,
earlier.
Column headings. There are 3 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. The third set of
column headings is to be used in cases
-9-

where the tax owner is a U.S. person. If
you are completing Schedule M (Form
8858) for an FDE or FB 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 (Form 8858) for
an FDE or FB 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. If you are
completing Schedule M (Form 8858) for
an FDE or FB for which the tax owner is
a U.S. person, check the box for U.S.
Tax Owner and complete lines 1
through 19 using the headings in
columns (a) through (e) of the U.S. Tax
Owner set of columns.
Column (e). For CFP or CFC owned
FDEs or FBs, use column (e) to report
transactions between the FDE or FB
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 or FB under column (e).
Report the transactions only under
column (b).
U.S. tax owner. The following
instructions for columns (b) – (e) apply
only to FDE or FB with a U.S. tax owner.
Column (b). Use column (b) to
report transactions between the FDE or
FB with the U.S. person filing this return
only if the U.S. person filing this return is
other than the tax owner of the FDE or
FB. If the U.S. person filing this return is
the tax owner of the FDE or FB, do not
enter any amounts in column (b).
Column (c). Use column (c) to
report transactions between the FDE or
FB with any domestic corporation or
partnership controlled by the filer. Do
not include any transactions between

the FDE or FB with its direct U.S. tax
owner that are treated as disregarded
for U.S. tax purposes in column (c).
Column (d). Use column (d) to
report transactions between the FDE or
FB with any foreign corporation
(including its FBs or FDEs) controlling or
controlled by the filer. This will include
any transactions between the FDE or
FB with any foreign corporation
(includes its FBs or FDEs) controlling or
controlled by the FDE or FB U.S. tax
owner, if the U.S. tax owner of the FDE
or FB is not the U.S. person filing the
return.

Column (e). Use column (e) to
report transactions between the FDE or
FB with any foreign (including hybrid)
partnerships (including its FBs or FDEs)
controlling or controlled by the filer. This
will include any transactions between
the FDE or FB with any foreign
(including hybrid) partnership (includes
its FBs or FDEs) controlling or
controlled by the FDE or FB U.S. tax
owner, if the U.S. tax owner of the FDE
or FB is not the U.S. person filing the
return.

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 (Form 8858) that
arise and are collected in full in the
ordinary course of business.

DRAFT AS OF
September 17, 2018
Line 6. Report on line 6 dividends
received by the FDE that were not

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 (Form 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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Instructions for Form 8858 (Rev. 12-2018)