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OK online Form 5472: What You Should Know
Form 1120: Electronic Filing of Federal Income Tax Returns If your business includes foreign-owned U.S. corporations or U.S. partnerships, you must file both Form 1120 and Form 5472 each year. If you are doing the paperwork yourselves, this is an easy document to follow. If you hire tax preparers, you may wish to read the tax filing guide to help prepare your documents. The Form 1120 is also filed with the U.S. Treasury where it's attached to your tax return (like any other document). The information reported on Form 1120 can also be used as evidence in IRS cases involving foreign corporate tax cases. The Form 1120 also serves as a requirement for most foreign corporations to file Form 3115. If a partner has a controlling interest in a domestic corporation, or a foreign corporation, the partnership or corporation usually must file Form 3115 each year. There are special requirements for partnership and corporation if the partner or corporation owns 30 percent or more of the issued and outstanding stock of the partnership or corporation. The Forms 5472 and 1170 are the only forms that a United States corporation must file annually with the IRS. If you are conducting a tax audit, a United States corporation does not usually need to file Form 5472 with the IRS. The IRS can use Form 5472 and Form 1120 for tax cases of two types: · Foreign corporate tax cases (tax evasion, failure to pay, etc.) where the corporation has a U.S. federal income tax home but is controlled by a foreign tax resident. Most foreign corporations are required to file this form if they own more than 25 percent of their stock. · Foreign partnership tax cases where the partnership is a U.S.-domiciled partnership. More common with partnerships owned 100 percent by foreigners. In these cases the partner's home country imposes a tax in addition to the U.S. corporate tax or partnership tax. There are special rules for these cases, see this tax form guide. Both types of cases are complicated. It will be difficult to summarize them here. The basics are this: (1) Tax home means the country where a U.S. corporation and partner are physically situated.
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