# Form 8858

URL: https://pdf.net/pdf-forms/tax-forms/form-8858
Category: Tax Forms
Attributes: Trusted by accountants, Official IRS form, Filed annually

Form 8858 is the IRS information return U.S. persons file to report ownership of a foreign disregarded entity or a foreign branch. On pdf.net, you can easily complete our fillable Form 8858 online and get a ready-to-file document in a matter of minutes.

## Versions

- 2024 — [download PDF](https://cdn.sanity.io/files/i16te7yp/production/d0354e08362b6b46bad5667efa2b17f408cccf27.pdf)

## How to Fill Out Form 8858

1. Open the printable Form 8858
2. Enter filer and FDE/FB identifying details
3. Complete income, balance sheet, and Schedule M data
4. Review entries for accuracy
5. Attach it to your tax return
6. Save the completed Form 8858

## Facts

### What Is Form 8858 Used For?

IRS Form 8858 is used to report information about foreign disregarded entities (FDEs) and foreign branches (FBs) owned by U.S. persons. It satisfies IRS reporting requirements under sections 6011, 6012, 6031, and 6038, including Schedule M transactions between the FDE or FB and related parties.

### Who Should Use Form 8858?

Certain U.S. persons that directly or indirectly own a foreign disregarded entity or operate a foreign branch should use Form 8858. It can also apply to certain Category 4 or 5 filers of Form 5471 and Category 1 or 2 filers of Form 8865 when the related foreign corporation or partnership owns an FDE or operates an FB.

### When Is Form 8858 Due?

There's no separate Form 8858 due date; it should be filed as an attachment to the filer's income tax return, including Form 1040, 1120, or 1065, and is due, with extensions, whenever that underlying return is due.

### What Happens If Form 8858 Is Not Submitted?

Not submitting it can result in an initial Form 8858 penalty of $10,000, with an additional $10,000 penalty for each 30-day period the failure continues after 90 days from an IRS notice, up to an additional $50,000 per failure. The IRS may also reduce certain foreign tax credits and extend the period during which it can assess tax.

### How and Where Do I File Form 8858?

You file Form 8858 as an attachment to the applicable income tax or information return, or to a related Form 5471 or Form 8865 when required. Follow the filing instructions for the underlying return, including its applicable electronic filing or mailing procedures.