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Topic: Just found out about Form 8858...what should I do?  (Read 1666 times)

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Just found out about Form 8858...what should I do?
« on: June 10, 2021, 10:13:00 PM »
I've been self-employed for about 10 years in the UK. Somehow (thanks TurboTax for not mentioning it) I missed the news that we had to file an 8858.

Now I'm seeing things about hefty fines. Do I file one now and just go forward as normal? Or do I need to amend my 2018 and 2019 returns? Will I be fined for filing late on those years if I bring it to their attention now?

Thanks in advance for any help!





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Re: Just found out about Form 8858...what should I do?
« Reply #1 on: June 10, 2021, 10:34:53 PM »
It is a relatively new requirement that Form 8858 be filed for foreign branches.  Although failure to file the form does carry significant penalties in some circumstances, no penalties would apply for your circumstances.  I would just file the form on a go-forward basis.


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Re: Just found out about Form 8858...what should I do?
« Reply #2 on: June 11, 2021, 10:07:46 AM »
In the era of Covid-19, I setup my own limited company last year (2020) - I own 100% of the shares, pay myself a salary, pay NI and draw dividends. The Company will pay UK Corporation Tax.

As the company is a CFC, I plan on filing form 5471 - as best as I can tell, I don't believe there is a US filing requirement for form 8858 in my circumstances - can anyone confirm or disagree?


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Re: Just found out about Form 8858...what should I do?
« Reply #3 on: June 11, 2021, 10:48:34 AM »
It looks like I need to call the IRS to get and EIN, then file an 8832 before doing the 8858.

On the 8832, there's an option to tick a box with "Late classification relief sought under Revenue Procedure 2009-41"

Should I do that, or is that intended for bigger fish than me?




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