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Form 8804 (Schedule A) AR: What You Should Know
An example of Form 8804 is Section 1606 — Tax on Partnerships, and the partnership filing status and partnership withholding provisions are summarized below: Form 8804 — Form 8802 (for nonresident spouses) In general, partnerships will withhold tax on both the U.S. and foreign partners' share of partnership income, and an estimated tax on a partner's share of all taxes which could be withheld from the partnership income. Section 6603(a), Tax on Partnerships, allows a U.S. taxpayer to withhold a specified amount of tax on the partnership income of nonresident partners for whom the taxpayer has elected to use the Schedule A method of withholding. A partnership need not have elected the U.S. withholding method. A nonresident partner is the partner's nonresident spouse. A nonresident partner's withholding should be reported on Form 8806, Form 8804, and Form 8802, as appropriate. A nonresident partner's estimated tax should be reported on Form 8809, Form 8804S, and Form 8805S. See the instructions from your state's tax agency on how to report and pay these withholding payments. Form 8804 should be completed by the nonresident partnership representative, the nonresident partner, or a member of the partnership. Form 8804 also must be completed by the partnership if the partnership filing status is partnership and the partnership has elected to use Schedule A. Use this form as a general outline of the information to provide to your local tax department. These instructions reflect the information provided by Section 6603(a). You should provide more specific instructions to the following items: If you are a U.S. taxpayer and there is no partner in the partnership, provide the required information for your withholding on the partner's estimated partner's share of the partnership income. In addition, if the partnership is a nonresident partnership, and you are the U.S. taxpayer, you must provide the information on Form 8802 for your nonresident partner, and you should complete Schedule A. If your partnership filing status is partnership and the partnership has elected to use Schedule A, it is important to understand that you must enter all U.S. withholding. You must also provide the amount of the estimated tax for your partner, who is your nonresident spouse.
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