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Form 5471 (Schedule O) Renton Washington: What You Should Know

S. Stock or partnership —  SECTION 6038 INFORMATION REQUIREMENTS : The Form 5471 section 6038 requirements specify the information about foreign corporations and related persons that must be disclosed and the time period during which this information must be reported. FIRST AMENDMENT INFORMATION REQUIREMENTS: The second and third columns are for: Reorganization of a foreign corporation — The Section 6038 section provides, that the CFC ceases to be a foreign corporation, if “on or before the earliest of the dates specified in [Schedule K, page 15] or [Schedule L, page 26] [1 (or such other time specified by the Secretary pursuant to section 6013(b)(1))].” Acquisition of a foreign corporation — The section 6038 requires that the Secretary of the Treasury “shall make an election” for an acquisition. The last column requires that if the amount of the acquisition is “smaller than 1 million, such information shall be disclosed to the extent required by section 61(b)(2) and/or section 1201, including any information prescribed by the regulations by regulation issued prior to January 2, 2022,” and if the amount of the acquisition is “larger than 1 million, such information shall be disclosed to the Secretary's satisfaction and to the extent described in section 61(b)(4),” with the following exemptions as well: “information required to be disclosed by the Foreign Corrupt Practices Act or any other law of the United States” and information about an “emergency” or “major accident or catastrophe.” In addition, the regulations define the following categories to be exempt: Information required to be disclosed by a law of the United States and information necessary to protect the safety of the United States from a nuclear terrorism incident, other incident involving nuclear material, or a major oil spill, or if the disclosure is required by an Executive Order of the President or by statute, regulation, or order issued by an Executive agency. Information about an organization's failure to meet its tax obligations, and information required to be disclosed by a state, county, city, or other political subdivision of the United States. Information regarding “tax avoidance.

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