Instructions for Form 8858 |
2006 Tax Year |
This is archived information that pertains only to the 2006 Tax Year. If you are looking for information for the current tax year, go to the Tax Prep Help Area.
Important:
If the information required in a given section exceeds the space provided within that section, do not write “see attached” in the
section and then attach all of the information on additional sheets. Instead, complete all entry spaces in the section and
attach the remaining
information on additional sheets. The additional sheets must conform with the IRS version of that section.
Enter, in the space provided below the title of Form 8858, the annual accounting period of the FDE for which you are furnishing
information. The
annual accounting period of an FDE is the annual accounting period or taxable year of the tax owner. Therefore, in the case
of a U.S. tax owner, the
annual accounting period of the FDE is the taxable year of the U.S. tax owner; and in the case of a CFC or CFP that is a tax
owner, the annual
accounting period of the FDE is the annual accounting period of the CFC or CFP.
Person Filing This Return
In the spaces provided at the top of page 1 of Form 8858, provide the identifying information for the U.S. person filing Form
8858 (see definition
on page 1).
If a U.S. corporation is the U.S. person filing Form 8858 and is a member of a consolidated group, list the common parent
as the person filing the
return and enter its identifying information in the spaces provided at the top of page 1 of the form.
If the name of the person filing the return, the tax owner, the direct owner, or the FDE whose activities are being reported
changed within the
past 3 years, show the prior name(s) in parentheses after the current name.
Use the following instructions to complete lines 1a, 2a, 2b, 3a, 4a, and the entry spaces at the top of page 1 of the form
for the filer's address.
U.S. Addresses.
Include the suite, room, or other unit number after the street address. If the Post Office does not deliver mail
to the street address and the
U.S. person has a P.O. box, show the box number instead.
Foreign Addresses.
Enter the information in the following order: city, province or state, and country. Follow the country's practice
for entering the postal code, if
any. Do not abbreviate the country name.
Use the following instruction to complete lines 1b, 3c, 4c, and the entry space at the top of page 1 of the form for the filer's
identifying
number. The identifying number of an individual is his or her social security number (SSN). The identifying number of all
others is their employer
identification number (EIN).
If a U.S. corporation is the U.S. person filing Form 8858 and is a member of a consolidated group, see Person Filing This Return on
page 2.
Use the following instruction to complete lines 1i, 3e, and 4d.
Enter the entity's functional currency.
See sections 985 and 989, and Regulations sections 1.985-1(a) through (c) and 1.989(a)-1(b) for rules for determining the
functional currency of a
qualified business unit (QBU) and the definition of a QBU.
Hyperinflationary exception.
An entity that otherwise would be required to use a hyperinflationary currency as its functional currency must use
the U.S. dollar as its
functional currency and compute income or loss or earnings and profits using the U.S. dollar approximate separate transactions
method of accounting
(DASTM) under the special rules of Regulations section 1.985-3. See Regulations section 1.985-1(b)(2).
Line 1h — Principal Business Activity
Enter a brief description of the FDE's principal business activity.
If the tax owner is a CFC, enter the annual accounting period covered by Form 5471 (as described in Regulations section 1.6038-2(e)).
If the tax
owner is a CFP, enter the annual accounting period covered by Form 8865 (as described in Regulations section 1.6038-3(f)).
You must attach an organizational chart that includes the following information with respect to the chain of ownership between
the tax owner and
the FDE and the chain of ownership between the FDE and all entities in which the FDE has a 10% or more direct or indirect interest:
-
The name and percentage of ownership of all entities in the chain of ownership, including partnerships and entities disregarded
as separate
from their owners.
-
The FDE's position in the chain of ownership.
-
The tax classification of all entities in the chain of ownership (see Form 8832 instructions for tax classification rules
and related
definitions).
-
The country under whose law each entity is organized.
For these purposes, the rules of section 958(a) (relating to “direct and indirect ownership”) apply.
Each filer of Form 8858 that is required to file an organizational chart with respect to more than one FDE may satisfy this
requirement by filing a
single organizational chart that includes the required information with respect to all FDEs.
Use Schedule C to report a summary income statement for the FDE computed in the FDE's functional currency in accordance with
U.S. generally
accepted accounting principles (GAAP). Enter in the U.S. dollar column each line item functional currency amount translated
into dollars using U.S.
GAAP translation rules. If the FDE does not maintain U.S. GAAP income statements in U.S. dollars, you can use the average
exchange rate as determined
under section 989(b). The rate used should be the rate stated on line 7, Schedule H. If you choose to use the average exchange
rate rather than the
U.S. GAAP translation rules, check the box above line 1 on Schedule C.
Special rules for DASTM.
If the FDE uses DASTM, the functional currency column should reflect local hyperinflationary currency amounts computed
in accordance with U.S.
GAAP. The U.S. dollar column should reflect such amounts translated into dollars under U.S. GAAP translation rules. Differences
between this U.S.
dollar GAAP column and the U.S. dollar income or loss figured for tax purposes under Regulations section 1.985-3(c) should
be accounted for on
Schedule H. See Schedule H, Special rules for DASTM, below.
Line 7.
Include on line 7, adjustments for extraordinary items, prior period adjustments, and the provision for income, war
profits, and excess profits
taxes deducted in accordance with U.S. GAAP. The terms “ extraordinary items” and “ prior period adjustments” have the same meaning given to
them by U.S. GAAP (see Opinion No. 30 of the Accounting Principles Board and Statement No. 16 of the Financial Accounting
Standards Board).
Important:
Differences between this functional currency amount and the amount of taxes that reduce E&P (in the case of an FDE of a
CFC) or are
deductible in computing U.S. taxable income (in the case of an FDE of a U.S. person or a CFP) should be accounted for on line
2 or 3 of Schedule H.
Complete a separate Schedule C-1 for each recipient that has a functional currency that is different than the functional currency
of the FDE. See
section 987(3) for rules relating to branch remittances.
Use Schedule F to report a summary balance sheet for the FDE computed and translated into U.S. dollars in accordance with
U.S. GAAP.
Special rule for DASTM.
If the FDE uses DASTM, Schedule F should be prepared and translated into U.S. dollars according to Regulations section
1.985-3(d), rather than U.S.
GAAP.
If the tax owner of the FDE is claiming a section 165 loss with respect to worthless stock or with respect to certain obligations,
see Regulations
section 1.6011-4 for information relating to a disclosure statement that must be attached to Form 8858 if certain requirements
are met.
If the FDE is not owned directly or indirectly by a domestic corporation or the FDE did not incur an NOL for the year, please
write “N/A” across the “Yes/No” entry spaces for line 4 to indicate that the question is not applicable. Otherwise, if you are checking the
“Yes” box, you may need to attach an elective relief agreement and/or an annual certification as provided in Regulations section
1.1503-2(g)(2).
Use Schedule H to report the FDE's current earnings and profits (E&P) (if the tax owner is a CFC) or taxable income (if the
tax owner is a U.S.
person or a CFP). Generally, enter the amounts on lines 1 through 6 in functional currency.
Special rules for DASTM.
If the FDE uses DASTM, enter on line 1 the dollar GAAP income or (loss) from line 8 of Schedule C. Enter on lines
2 and 3 the adjustments made in
figuring current E&P or taxable income for U.S. tax purposes. Report these amounts in U.S. dollars. Enter on line 5 the DASTM
gain or loss figured
under Regulations section 1.985-3(d).
Lines 2 and 3.
Certain adjustments must be made to the FDE's line 1 net book income or (loss) to determine its current E&P or taxable
income. The adjustments
may include those needed to conform the foreign book income to U.S. GAAP and to U.S. tax accounting principles. If the FDE's
books are maintained in
functional currency in accordance with U.S. GAAP, enter on line 1 the functional currency GAAP income or (loss) from line
8 of Schedule C, rather than
starting with foreign book income, and show GAAP-to-tax adjustments on lines 2 and 3.
The adjustments may include the following:
-
Capital gains and losses.
-
Depreciation, amortization, and depletion.
-
Investment or incentive allowance.
-
Charges to statutory reserves.
-
Inventory adjustments. Inventories must be taken into account according to the rules of sections 471 (incorporating the provisions
of
section 263A) and 472 and the related regulations.
-
Taxes. See the instructions for Schedule C, line 7.
Attach a separate schedule that lists each applicable adjustment item. For each adjustment item, indicate the adjustment
amount and whether the
amount is a net addition or net subtraction. The separate schedule should also show two totals, the total net additions amount
to be entered on line
2, and the total net subtractions amount to be entered on line 3.
Line 5.
DASTM gain or (loss), reflecting unrealized exchange gain or loss, should be entered on line 5 only for FDEs that
use DASTM.
Line 7.
Enter the line 6 functional currency amount translated into U.S. dollars at the average exchange rate for the FDE's
tax year. See section 989(b).
Report the exchange rate using the “ divide-by convention” specified under Reporting Exchange Rates on Form 8858 on page 2. If the FDE
uses DASTM, enter on line 7 the same amount entered on line 6.
Blocked income.
The E&P or taxable income of the FDE, as reflected on Schedule H, must not be reduced by all or any part of such E&P
or taxable income that
could not have been distributed by the FDE due to currency or other restrictions or limitations imposed under the laws of
any foreign country.
Important:
In translating the amounts from functional currency to U.S. dollars, use the average exchange rate for the FDE's tax year.
See section 989(b).
Report the exchange rate in the entry space provided at the top of Schedule M using the “divide-by convention” specified under Reporting
Exchange Rates on Form 8858 on page 2.
Every U.S. person that is required to file Schedule M (see Who Must File on page 1) must file the schedule to report the transactions
that occurred during the FDE's annual accounting period ending with or within the U.S. person's tax year.
If a U.S. corporation is the U.S. person filing Schedule M and is a member of a consolidated group, list the common parent
as the U.S. person
filing Schedule M.
Column headings.
There are 2 sets of column headings above lines 1 through 19. The first set of column headings is to be used in cases
where the tax owner is a CFP.
The second set of column headings is to be used in cases where the tax owner is a CFC. If you are completing Schedule M for
an FDE for which the tax
owner is a CFP, check the box for CFPs and complete lines 1 through 19 using the headings in columns (a) through (e) of the
CFP set of columns. If you
are completing Schedule M for an FDE for which the tax owner is a CFC, check the box for CFCs and complete lines 1 through
19 using the headings in
columns (a) through (f) of the CFC set of columns.
Column (e).
Use column (e) to report transactions between the FDE and any U.S. person with a 10% or more direct interest in the
CFP or any 10% or more U.S.
shareholder of any corporation controlling the CFC. If you are a Category 1 filer of Form 8865, or a Category 4 filer of Form
5471, do not report
transactions between yourself and the FDE under column (e). Report the transactions only under column (b).
Line 6.
Report on line 6 dividends received by the FDE that were not previously taxed under subpart F in the current year
or in any prior year.
Lines 18 and 19.
Report on lines 18 and 19 the largest outstanding balances during the year of gross amounts borrowed from, and gross
amounts loaned to, the related
parties described in columns (b) through (f). Do not enter aggregate cash flows, year-end loan balances, average balances,
or net balances. Do not
include open account balances resulting from sales and purchases reported under other items listed on Schedule M that arise
and are collected in full
in the ordinary course of business.
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