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2018 k-1 Form: What You Should Know

The IRS may also decide to revise this document, and your partners should refer to their own tax return documents for detailed information as partners. As partners, be sure to keep a copy of this document for your records. Shareholder's Certification of Partnership For a partnership that is subject to special rules, share certifications may be needed for a partner who is not a U.S. citizen or resident. The Special Rule for Partnerships that are Not U.S. Citizens or Residents For partnership tax reporting purposes, a special rule applies when a partnership is not a U.S. citizen or resident. Because a partner does not meet the requirements of being a U.S. citizen or resident for the purpose of reporting federal tax on partnership income, a partner's partnership certification must certify that the partnership meets the criteria for a U.S. citizen or resident partnership. A partnership's certification is provided to the partner with Form 1065, Partner Tax Form. Partners may use the form described at the end of this publication for partnership certification. Nonresident A partner who is not a U.S. citizen or resident also bears the responsibility of complying with the reporting rules for certain partnerships on Schedule K-1. The partner certification, Form 1065B, Report of Partner's U.S. Income on Joint-Income Tax Return for Foreign Partnership (Form 1065-B), must be filed with the Partner's Statement of Information under section 7703(a) or (b). In addition to providing information about the income from the partnership, this form must provide an itemized list of foreign-source (or passive) income that is not included in the partnership share of income (or net investment income). Income for foreign partnerships must be allocated between the partner's share and the total partnership itemized deductions, including the foreign-source income on Schedule K-1 to ensure that the partner is not subject to tax on partnership income for the purpose of federal income tax reporting under the partnership certification. It is important that a partner's partnership certification contain the foreign-source items listed in Schedule K-1 under “Foreign-Source Items”. A partnership may be formed under a treaty providing for partnership treatment of income by a foreign partner. For information on partnership certification, see Section 7706(b)-I(4) of the Internal Revenue Code. Also see Notice 2008-62, 2008-42 I.R.B. 641.

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