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Form 5471 (Schedule O) for Brownsville Texas: What You Should Know

S. Corporate officers need to know about Form 5471 1. A Form 5471 is not a Schedule E and does not meet all the requirements of Regulations section 6046 or 6038. It is not required to be filed by a U.S. officer or entity involved in a foreign corporation. 2. If a U.S. shareholder is a nonresident alien for any tax year, he or she also, as an individual taxpayer, must fill out IRS Form SS-4 3.  The Form 5471 is not a Schedule K-1 or K-2. 4.  The Form 5471 should include, as a part of Schedule O U.S. shareholders acquiring and owning more than 10% of the voting stock in a foreign corporation.” 5.  The Form 5471 should disclose the percentage of shares owned by each U.S. shareholder in the foreign corporation. If a foreign corporation is a U.S. corporation, the shareholders in that corporation are U.S. shareholders and the corporation is a U.S. foreign corporation for U.S. federal tax purposes. The shareholders in the foreign corporation are treated as acquiring more than 10% of the corporation's voting stock from U.S. shareholders who are U.S. shareholders in the foreign corporation if and only if a foreign corporation that would be subject to the United States economic and tax jurisdiction taxation by reason of § 368 (a) of the Code for the year of acquisition is a U.S. corporation (subject to the requirements of § 368A(c)) and the shareholders' interest in such foreign corporation exceeds the applicable percentage and if such foreign corporation is (i) engaged in U.S. trade or business, but not engaged in any other trade or business, (ii) subject to the tax imposed by United States tax for U.S. trade or business (see section 960 of the Code. See Rev. Pro. 98-22, 1998-1 C.B. 49), or (iii) formed as a wholly owned subsidiary of a corporation that is engaged in U.S. trade or business (subject to the requirements of § 367 of the Code). For certain U.S. businesses, see Notice 2010-3 and Rev. Notice 2010-12, 2010-14 I.R.B. 685 (for certain domestic businesses), 2007-2 I.R.B.

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