What Is form 5471?

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Video instructions and help with filling out and completing 5471

Instructions and Help about Form 5471

Hi I'm Andrew Mitchell today I'm going to talk a little bit about page one of forum 54 71 it's an information tax return required for certain foreign corporations for by US persons who own certain interests in foreign corporations it's an important form to file because if you fail to file the form and we're required to file the form you can be subject to a ten thousand dollar penalty or more so just starting off with right at the top the foreign corporations annual accounting period under Section eight ninety eight it's generally required to be the same as the u.s. majority owners for individuals that would be a calendar year there is an exception in the regulations under under proposed regulations under Section eight ninety eight that basically says if you've had no dividends to date and no subpart F income to date then you don't need to file the form fifty four seventy one using the same year-end as the US shareholders the the u.s. shareholder the US person filing the return is usually the u.s. owner of the count foreign company you would have the address of the u.s. owner listed here the u.s. owners identifying number if it's an individual it would be a social security number or an ITIN if it's corporation it would be an EIN category of filers can get kind of confusing category one filer has been repealed category two filer is generally for us persons who are officers or directors of foreign corporations that need they need to file but they only need to file in years that US persons either acquired a 10% or more interest in the foreign corporation or the US persons disposed of their full interest in the foreign corporation and that's basically category three filers so you generally only need to have a category two file or if you've got category three filers and category three filers as I just mentioned is people who have acquired a 10% or more interest or if you acquired say 10% and then you require another 10% you would have to file a second time but you don't as a category three filer you don't need file annually you only need to file in the year of the event category for filer is if you control a foreign corporation if you're a US person that controls a foreign corporation and control for that purpose can mean if you constructively control the foreign corporation it doesn't mean necessarily direct ownership in the foreign corporation it can mean if you have family members that also control the foreign corporation then you may be considered to control the foreign corporation category v filer is generally if you're a US person and you own at least ten percent of the foreign corporation voting stock that means that you're considered a quote US shareholder end quote and you own the shares for at least thirty days during the year and it was

irs form 5471 - FAQ

What are the tax obligations in starting an international company owned by aUS LLC/corporation? Does the company need to file form 5471 as individuals do?
Sure I can address. I am assuming US citizens own 100 of a LLC. And the LLChas elected tax corporation “LLCTC” for tax purposes Treasury RegulationSection 301.77013c. And the LLC members have decided to form a foreigncorporation “FC” in a particular country. So the LLC will own 100 of theshares of a FC operating from a particular foreign country.Here the LLCTC reports its taxable income by filing a 1120 corporate taxreturn Treasury Regulation Section 1.60122a. And the LLC does file anannual Treasury information report Form 5471. As Section 6038a1 requiresevery US person controlling a FC to file detailed information report. And a USperson does represent a LLCTC as noted in Section 7701a31. Note notfiling this report or filing an incomplete report means Treasury may access a10000 fine against the LLCTC Section 6038b.A couple other tax issues will service here which I will now detail. If theLLCTC members run the FC from a US office the FC will have tax reportingrequirements and paying requirements in the US Section 864c4B andSection 882a.Also the new global low taxed income “GILTI” reporting requirement apply fora FC operating from a foreign country Section 951Aa. And a 10000 fineapplies for not complying as noted in Proposed Treasury Regulation Section1.60385.Tax paying requirements exist for the LLTC for GILTI in the US if the FCforeign tax country does not charge at least a 13 18 tax rate adjusted for a10 return on net assets Section 951Ab.I can add a taxpayer has much more favorable tax results when a domesticcorporation or a LLCTC owns the shares as we see in this scenario above. If USindividuals own the FC shares directly GILTI tax applies at much higher ratesas the GILTI income goes on a personal return subject to higher tax ratesand the individual does not get a 50 tax deduction for GILTI Section250a1B. Planning point taxpayers may consider restructuring ownershipfor FC.I have completed the above tax analysis based on the scenario as presented. Ifthe situation changes the tax results may change. www.rst.tax
Which retail tax preparation package can handle IRS forms 8833 and 5471?
I would concur with Mark Rigotti and John G. Herndon on this. Forms 8833 and5471 are not going to be in any DIY tax software. You can complete the formsmanually and file the return by paper but I would not suggest that you dothat return without a professional help. DIY tax software is designed to handle the 80 of returns that are very basicwith W2 dividend and interest income. Filing a return that involvesdisclosing a treaty position or ownership of a foreign corporation is way wayway outside the realm of DIY tax software.