Information Return of U.S. Persons With Respect To Foreign Disregarded Entities; and Transactions Between Foreign Disregarded Entity of a Foreign Tax Owner and the Filer (Form 8858)

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form 8858 Information Return of U.S. Persons With Respect To Foreign Disregarded Entities	Form	Modified	Available
Form 8858 Form 8858 - Information Return of U.S. Persons With Respect To Foreign Disregarded Entities	Form	Modified	Repair queued
Form Sch M (F. 8858) Transaction Between Foreign Disregarded Entity of a Foreign Tax Owner and the Filer on Other Related Entities	Form	Modified	Available
Form Sch M (F. 8858) Schedule M (Form 8858) - Transaction Between Foreign Disregarded Entity of a Foreign Tax Owner and the Filer on Other Related Entities	Form	Modified	Repair queued
1545-1910 SS (Form 8858 Sch. M) 2023-2-28.docx	Supporting Statement A	Uploaded 2023-02-28	Available

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
41182	Form 8858 - Information Return of U.S. Persons With Respect To Foreign Disregarded Entities	Form	Modified	Information Return of U.S. Persons With Respect To Foreign Disregarded Entities
41182	Form 8858 - Information Return of U.S. Persons With Respect To Foreign Disregarded Entities	Form	Modified
41182	Form 8858 - Information Return of U.S. Persons With Respect To Foreign Disregarded Entities	Instruction	Modified
199437	Schedule M (Form 8858) - Transaction Between Foreign Disregarded Entity of a Foreign Tax Owner and the Filer on Other Related Entities	Form	Modified	Transaction Between Foreign Disregarded Entity of a Foreign Tax Owner and the Filer on Other Related Entities
199437	Schedule M (Form 8858) - Transaction Between Foreign Disregarded Entity of a Foreign Tax Owner and the Filer on Other Related Entities	Form	Modified
199437	Schedule M (Form 8858) - Transaction Between Foreign Disregarded Entity of a Foreign Tax Owner and the Filer on Other Related Entities	Instruction	Modified

ICR Details

OMB Control No: 1545-1910	ICR Reference No: 202301-1545-018
Status: Historical Active	Previous ICR Reference No: 201906-1545-018
Agency/Subagency: TREAS/IRS	Agency Tracking No:
Title: Information Return of U.S. Persons With Respect To Foreign Disregarded Entities; and Transactions Between Foreign Disregarded Entity of a Foreign Tax Owner and the Filer (Form 8858)
Type of Information Collection: Extension without change of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 05/18/2023
Retrieve Notice of Action (NOA)	Date Received in OIRA: 02/28/2023
Terms of Clearance: OMB understands that the IRS is currently in the process of revising the methodology it uses to estimate burden and costs. OMB expects that future ICRs under this OMB control number will include dollar estimates of annual burden costs to taxpayers calculated using this revised methodology.

table that charts list comparision

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	05/31/2026	36 Months From Approved	05/31/2023
Responses	28,000	0	28,000
Time Burden (Hours)	917,800	0	917,800
Cost Burden (Dollars)	0	0	0

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

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Authorizing Statute(s): US Code: 26 USC 6012 Name of Law: Persons required to make returns of income
   US Code: 26 USC 6031 Name of Law: Return of partnership income
   US Code: 26 USC 6038 Name of Law: Information reporting with respect to certain foreign corporations and partnerships
   PL: Pub.L. 115 - 97 14302 Name of Law: FTC category for foreign branch income requires additional reporting by a foreign branch (FB)
   US Code: 26 USC 6011 Name of Law: General requirement of return, statement, or list
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	87 FR 75700	12/09/2022
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 12442	02/27/2023
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 2

table that charts list of burden

IC Title	Form No.	Form Name
Form 8858 - Information Return of U.S. Persons With Respect To Foreign Disregarded Entities	8858	Information Return of U.S. Persons With Respect To Foreign Disregarded Entities
Schedule M (Form 8858) - Transaction Between Foreign Disregarded Entity of a Foreign Tax Owner and the Filer on Other Related Entities	Sch M (F. 8858)	Transaction Between Foreign Disregarded Entity of a Foreign Tax Owner and the Filer on Other Related Entities

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ICR Summary of Burden

table that charts list of burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	28,000	28,000	0	0	0	0
Annual Time Burden (Hours)	917,800	917,800	0	0	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $43,626

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     Yes

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 02/28/2023

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