Return of U.S. Persons With Respect to Certain Foreign Partnerships
OMB 1545-1668
The Taxpayer Relief Act of 1997 significantly modified the information reporting requirements with respect to foreign partnerships. The Act made the following three changes (1) expanded section 6038B to require U.S. persons transferring property to foreign partnerships in certain transactions to report those transfers; (2) expanded section 6038 to require certain U.S. Partners of controlled foreign partnerships to report information about the partnerships; and (3) modified the reporting required under section 6046A with respect to acquisitions and dispositions of foreign partnership interests. Form 8838-P is used to extend the statute of limitations for U.S. persons who transfers appreciated property to partnerships with foreign partners related to the transferor. The form is filed when the transferor makes a gain recognition agreement. This agreement allows the transferor to defer the payment of tax on the transfer. The IRS uses Form 8838-P so that it may assess tax against the transferor after the expiration of the original statute of limitations.
The latest form for Return of U.S. Persons With Respect to Certain Foreign Partnerships expires 2021-12-31 and can be found here.
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Return of U.S. Persons With Respect to Certain Foreign Partnerships and Consent To Extend the Time To Assess Tax Pursuant to the Gain Deferral Method (Section 721(c)) Return of U.S. Persons With Respect to Certain Foreign Partnerships
Federal Enterprise Architecture: General Government - Taxation Management
| Form 8865 Sch K-1 | Partner's Share of Income, Deductions, Credits, etc. | Fillable Printable | Form |
| Form 8865 Sch H | Acceleration Events and Exceptions Reporting Relating to Gain Defferal Method Under Section 721(c) | Fillable Fileable | Form |
| Form Sch K-1 (Form 8865) | Partners Share of Income, Deductions, Credits, etc. | Fillable Fileable | Form |
| Form Sch P (Form 8865) | Acquisitions, Dispositions, and Changes of Interests in a Foreign Partnership | Fillable Fileable | Form |
| Form 8865 | Return of U.S. Persons With Respect to Certain Foreign Partnerships | Fillable Fileable | Form |
| Form 8865 Sch O | Transfer of Property to a Foreign Partnership (draft 2018) | Fillable Printable | Form |
| Form 8865 Sch G | Statement of Application of the Gain Deferral Method under Section 721(c) | Fillable Fileable | Form |
| Form 8865 Sch O | Transfer of Property to a Foreign Partnership | Fillable Fileable | Form |
| Form 8865 | Return of U.S. Persons With Respect to Certain Foreign Partnerships (draft 2018) | Fillable Printable | Form |
| Form 8865 Sch P | Acquisitions, Dispositions, and Changes of Interests in a Foreign Partnership | Fillable Printable | Form |
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