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Form 8804 (Schedule A) for Detroit Michigan: What You Should Know

The return must be filed by the partner that will pay the estimated excise tax. If there is more than one partner of the partnership, the return must be filed by the individual that owns the interest of the partnership. When the taxpayer is the principal shareholder, he or she must identify each partner and each interest and collect tax from each partner, if withholding is required. If the partnership is a C corporation, the taxpayer must report and withhold from the partner income equal to the shareholder's distributive share of the partnership's gross income. However, if the partnership is a partnership in which a shareholder can elect to be taxed as a shareholder of the partnership, the taxpayer must generally collect tax from the shareholder, if any, as if the taxpayer were the shareholder. Except in the case of an individual who is required to withhold at a higher rate by state and local law, the partnership owner and the partnership partner are not required to report the income of each partner. The joint return by an individual and a partnership for the same period may not be used for the purpose of calculating either partner's share of tax. (See Regulations section 1.1451-1(e)(1).) The taxpayer must report the tax liability using the Form 8804-C (Statement on the Return of Partnership Withheld Tax for Foreign Partnerships). (2) Procedures: If the taxpayer and the partnership plan to file jointly for the entire tax year, the Form 8804-C must be filed on Schedule B of the return. (See Instructions for Form 8804-C). If the taxpayer elects to file separately, you must file the Form 8804-C with the other return. (3) Information to Report: The Form 8804-C must include the following information and a supporting statement: (a) The partnership's name and address if the partnership is a partnership; (b) The partnership's gross income and net income and loss attributable to partnership activities; (c) Total partnership expenses, including amounts deducted and withheld in accordance with Regulations section 1.1451-1(e)(2)(ii).

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