Forms Library
International Tax Forms Library
Practical explanations of the most important U.S. international tax forms: what each one is, who files it, what triggers it, when it is due and what happens if it is filed late.
- Form 5472Usually, Form 5472 reports transactions between certain foreign-owned U.S. businesses and related parties. A foreign-owned domestic disregarded entity can have a filing obligation even without revenue or income tax due.
- Form 5471It depends: certain U.S. officers, directors, and shareholders of foreign corporations must file Form 5471. Filing categories determine which schedules are required, and ownership can create reporting even when no cash is distributed.
- Form 8865It depends: Form 8865 reports certain U.S. persons’ interests and transactions in foreign partnerships. Control, ownership changes, and contributions can each create a filing obligation, even when the partnership makes no distributions.
- Form 8858Usually, Form 8858 reports certain foreign disregarded entities and foreign branches connected to U.S. taxpayers. It can also be required through a controlled foreign corporation or foreign partnership reporting chain, not only through direct individual ownership.
- Form 8938It depends: specified individuals and certain domestic entities file Form 8938 when specified foreign financial assets exceed the applicable threshold. The threshold depends on filing status and, for individuals, whether they qualify as living abroad; this form does not replace the FBAR.
- Form 8621It depends: a U.S. person with a direct or indirect interest in a passive foreign investment company may need Form 8621. Distributions, dispositions, elections, and annual reporting rules can trigger filing; limited exceptions require a separate review.
- Form 3520It depends: Form 3520 reports certain transactions with foreign trusts and certain large foreign gifts or inheritances received by U.S. persons. A reporting obligation does not by itself mean the receipt is taxable, and foreign trust distributions need a separate income tax analysis.
- Form 3520-AUsually, a foreign trust with a U.S. owner must file Form 3520-A, subject to exceptions. The U.S. owner is responsible for ensuring the required annual information and statements are provided, and may need a substitute filing if the trust does not file.
- Form 1040-NRUsually, a nonresident alien uses Form 1040-NR to report income subject to U.S. income tax and reconcile withholding. Filing can be required because of a U.S. trade or business even when no tax is ultimately due. Owning a U.S. LLC alone does not establish the owner’s personal filing requirement.
- Form 1116Usually, individuals use Form 1116 to claim a credit for qualifying foreign income taxes, subject to U.S. limitations. It can reduce double taxation but does not automatically credit every foreign payment. A limited election allows some individuals to claim the credit without this form.
- Form 2555Usually, qualifying individuals use Form 2555 to claim the foreign earned income exclusion and applicable foreign housing relief. Living abroad alone is not enough: a foreign tax home and a qualifying residence or presence test are required. The exclusion does not eliminate the obligation to file a U.S. return.
- Form 8802Usually, Form 8802 is used to request Form 6166, the IRS certificate of U.S. tax residency. The certificate can support a claim for foreign treaty benefits or other qualifying foreign tax relief. The application is not itself a tax return or a guarantee that a foreign authority will grant relief.
- Form 8832Usually, an eligible entity uses Form 8832 to elect a federal tax classification different from its default classification. Depending on eligibility and ownership, the choices can include corporation, partnership, or disregarded entity. The election changes tax treatment, not the entity’s legal formation.
- Form 2553Usually, an eligible corporation or eligible entity uses Form 2553 to elect S corporation tax treatment with shareholder consent. Nonresident aliens cannot be S corporation shareholders. Foreign citizenship alone is not disqualifying if the individual is a qualifying U.S. resident alien, but all other eligibility requirements still apply.
- FBAR (FinCEN Form 114)Usually, a U.S. person must file an FBAR when the aggregate value of reportable foreign financial accounts exceeds $10,000 at any time during the calendar year. Financial interest or signature authority can create a filing obligation, subject to exceptions. The FBAR is filed separately with FinCEN, not attached to an income tax return.
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