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Form 8804 (Schedule A) Minnesota: What You Should Know
Foreign Partnership Withholding — Tax Notes. (1) Form 1040 (or a predecessor or successor form) required. The 1040(a) partnership return must be filed by the partner in which the partnership income was reported and the partnership tax was withheld. Form 1040 or a predecessor or successor form may be used. (2) A partner is the person who has received the majority of the partnership income or who has received or is expected to receive the greater share of the partnership income, who is considered to be the head of the partnership, and to whom the partner is related by blood, marriage or adoption. A partnership is considered to be the partnership of which the partnership return is a part. The partnership return is the return filed separately for each partner. If the taxpayer is a trust that has a share of partnership income, the Form 1041 and 1042 return(s) may be used to report the income of the trust. (3) For partnerships that were established by a partnership that was not formed as a partnership, a return is required if at any time during the period of 5+ tax years after May 31st, 2013, the partnership was a partnership, that may be filed on Form 8802, Annual Partnership Tax Return (Partnership Return).  If filing Form 1040, Form 1041, 1042, Form 4868, or a successor form with the partnership, make Schedule E (SSA-1049) as if the return had been filed by a partnership as a result of the partnership filing Form 8802. Make the Schedule E available to the IRS. The Schedule E must have the date of the return on it to make the partnership filing an SSA-1049. The partnership will be required to use the same address as the Schedule E. Make sure that the Schedule E and Form 1040(a), 1040(c), 1040C (SSA-4022), 1040EZ, or 1040TF are filed and processed electronically as if filed jointly by both parties. Form 8802 should be filed using Schedule E or Form 1040 and either Form 8802 or 1040(a), 1040(c), 1040C, or 1040EZ and either form 1 or 2, or 3 or 4, of Form 5626.
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