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Harris Texas online Form 8938: What You Should Know

Exemption Certificate for instructions and forms for determining what you should report and how the form affects your payment options. See the FAQs for Form 8938. This form is also used by the IRS to determine the value of certain foreign financial assets that were held by nonresident U.S. shareholders. You are not required to fill this out if no U.S. shareholder held the assets. See the Frequently Asked Questions for more information about Form 8938. What Forms Does Form 8938 Require? Form 8938 requires the reporting of the following foreign assets.  If no U.S. shareholder is required to report foreign income (and you are a nonresident of T&E and the U.S. shareholder holds income in a foreign country), you do not have to fill out Form 8938. Foreign withholding on a specified foreign financial asset is not required. However, you may still be subject to foreign income tax. Foreign income tax does not need to be reported if the specified foreign financial asset is: held for more than 30 days in a foreign country; is held by a partner in a partnership who is both a U.S. resident or a nonresident; or is owned by a family member. The report is made on Form 8938 (with an original signature) by the owner by signing a separate Form 8938 at the top of the prior page. Where to File. See Foreign Financial Assets for information on where to file for Form 8938 and for what forms it requires. In addition, see Where to file for Form 8889. What the IRS is Looking For When It Files Form 8938. In addition to determining the foreign financial assets or exemptions to which you must report, the IRS will generally look at certain aspects of your financial records when it files Form 8938. These include: your annual tax returns and related schedules; your foreign tax returns and related schedules; whether you make payments to an entity within the U.S., or any of those payments are attributable to property or an activity you have established in the U.S.; and tax information provided by you on Forms W-8BEN, W-8AEN, and W-8EZ. If the IRS has not found that these aspects of your financial records are significant in relation to the specified foreign financial assets, the amount of that report will be relatively low. Also note that all filers who have foreign interests, such as partnerships and S corporations, generally must still file with their home country.

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