Form 8804 Annual Return for Partnership Withholding Tax (Section 1

2007 Form 8804
Annual Return for Partnership Withholding Tax (Section 1446)
Purpose:

This is the first circulation of the 2007 Form 8804,
Annual Return for Partnership Withholding Tax (Section 1446).
There are no major changes.

TPCC Meeting:

None scheduled, but may be arranged if requested.

Prior Revision:

The 2006 Form 8804,
Annual Return for Partnership Withholding Tax (Section 1446), is
available at: http://www.irs.gov/pub/irs-pdf/f8804.pdf

Other products:

Circulations of draft tax forms and instructions are posted at:
http://taxforms.web.irs.gov/draft_products.html.

Comments:

Please email, fax, call, or mail any comments by June 29, 2007,
to me and email the form’s reviewer, Steve Becker, at
Stephen.W.Becker@irs.gov.

From:
Oksana R. Stowbunenko
Tax Law Specialist
Tax Forms and
Publications

VMS: 202.283.0020
Location: Date:
Fax: 202.283.2485
NCFB
June 4, 2007
C7-162
E-mail:
Oksana.R.Stowbunenko@irs.gov

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Form

I.R.S. SPECIFICATIONS
TO BE REMOVED BEFORE PRINTING
INSTRUCTIONS TO PRINTERS
FORM 8804, PAGE 1 of 3
MARGINS: TOP 13 mm (1⁄ 2 "), CENTER SIDES. PRINTS: FACE ONLY
PAPER: WHITE WRITING, SUB. 20. INK: BLACK
FLAT SIZE: 216 mm (81⁄ 2 ") 3 279 mm (11")
PERFORATE: (NONE)
DO NOT PRINT — DO NOT PRINT — DO NOT PRINT — DO NOT PRINT

8804

Department of the Treasury
Internal Revenue Service

Action

Date

O.K. to print
Revised proofs
requested

Annual Return for Partnership Withholding Tax (Section 1446)
©

Signature

OMB No. 1545-1119

See separate Instructions for Forms 8804, 8805, and 8813.

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© Attach Form(s) 8805.
For calendar year 2007 or tax year beginning
, 2007, and ending

2007

, 20

©

Check this box if the partnership keeps its records and books of account outside the United States and Puerto Rico

Part I

Partnership

1a Name of partnership

b

U.S. employer identification number

c Number, street, and room or suite no. If a P.O. box, see instructions.

For IRS Use Only

d City, state, and ZIP code. If a foreign address, see instructions.

CC

FD

RD

FF

CAF

FP

CR

I

EDC

Part II

Withholding Agent

2a Name of withholding agent. If partnership is also the withholding agent, enter “SAME” and do not complete lines 2b–d.

b

Withholding agent’s U.S.
employer identification number

c Number, street, and room or suite no. If a P.O. box, see instructions.

d City, state, and ZIP code

Part III
3
4

Section 1446 Tax Liability and Payments

©
Enter number of foreign partners
Total effectively connected taxable income allocable to foreign partners:

4a
a Net ordinary income
b Reduction to line 4a for valid partner certificates under
4b
Regulations section 1.1446-6T (see instructions)
c Subtract line 4b from line 4a
4d
d 28% rate gains allocable to non-corporate partners
e Reduction to line 4d for valid partner certificates under
4e
Regulations section 1.1446-6T (see instructions)
f Subtract line 4e from line 4d
g Unrecaptured section 1250 gains allocable to non-corporate partners (see instructions)
h Qualified dividend income and net long-term capital gains
(including net section 1231 gains) allocable to non-corporate
partners
i Reduction to line 4h for valid partner certificates under
Regulations section 1.1446-6T (see instructions)
j Subtract line 4i from line 4h
5
a
b
c
d
e

Gross section 1446 tax liability:
Multiply line 4c by 35% (.35)
Multiply line 4f by 28% (.28)
Multiply line 4g by 25% (.25)
Multiply line 4j by 15% (.15)
Add lines 5a through 5d

4c

4f
4g
4c

4h
4i
4j

5a
5b
5c
5d

For Paperwork Reduction Act Notice, see separate Instructions for Forms 8804, 8805, and 8813.

5e
Cat. No. 10077T

Form

8804

(2007)

1
I.R.S. SPECIFICATIONS
TO BE REMOVED BEFORE PRINTING
INSTRUCTIONS TO PRINTERS
FORM 8804, PAGE 2 of 3 (PAGE 3 IS BLANK)
MARGINS: TOP 13 mm (1⁄ 2 "), CENTER SIDES. PRINTS: FACE ONLY
PAPER: WHITE WRITING, SUB. 20. INK: BLACK
FLAT SIZE: 216 mm (81⁄ 2 ") 3 279 mm (11")
PERFORATE: (NONE)
DO NOT PRINT — DO NOT PRINT — DO NOT PRINT — DO NOT PRINT

Page

Form 8804 (2007)

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6a Payments of section 1446 tax made by the partnership identified
on line 1a during its tax year (or with a request for an extension of
time to file) and amount credited from 2006 Form 8804

6a

b Section 1446 tax paid or withheld by another partnership in which
the partnership identified on line 1a was a partner during the tax
year (attach Form(s) 1042-S or 8805)

6b

c Section 1445(a) or 1445(e)(1) tax withheld from or paid by the
partnership identified on line 1a during the tax year for a disposition
of a U.S. real property interest. Attach Form(s) 1042-S or 8288-A.
See the instructions

6c

7

Total payments. Add lines 6a through 6c

7

8

Estimated tax penalty (see instructions). Check if Schedule A (Form 8804) is attached

8

9

Add lines 5e and 8

9

10

Balance due. If line 7 is smaller than line 9, enter balance due. Attach a check or money
order for the full amount payable to the “United States Treasury.” Write the partnership’s U.S.
employer identification number, tax year, and Form 8804 on it

10

11

Overpayment. If line 7 is more than line 9, enter amount overpaid

11

12

Amount of line 11 you want refunded to you

13

Amount of line 11 you want credited to next year’s Form 8804

Sign
Here

Paid
Preparer’s
Use Only

2

12

©

13

Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge
and belief, it is true, correct, and complete. Declaration of preparer (other than general partner, limited liability company member, or withholding agent)
is based on all information of which preparer has any knowledge.

©

Signature of general partner, limited liability company
member, or withholding agent

Preparer’s
signature

©

Firm’s name (or yours
if self-employed),
address, and ZIP code

Title

Date

©

Date

Preparer’s SSN or PTIN

Check if
self-employed
EIN

©

Phone no.

(

)
Form

8804

(2007)