8865
Return of U.S. Persons With Respect to Certain Foreign Partnerships
Form 8865, Return of U.S. Persons With Respect to Certain Foreign Partnerships, is how a U.S. person reports the information required under section 6038 (controlled foreign partnerships), section 6038B (transfers to foreign partnerships) and section 6046A (acquisitions, dispositions and changes in foreign partnership interests).
The instructions sort filers into four categories, and each category completes a different set of pages and schedules. A separate Form 8865 is completed for each foreign partnership. The form is attached to the filer's income tax return, or to a partnership or exempt organization return, and filed by that return's due date, including extensions.
The 2025 form runs six pages, from identifying information and questions about the partnership to Schedules A through N. Schedules K-1, O and P (Form 8865) are separate PDFs. You can fill out the PDF free in your browser on this page and download it without an account.
Filer name, identification number and address; items A to F on category, tax year, liabilities, consolidated parent, excepted assets and other partners; item G on the foreign partnership; item H on agents, records and other questions.
Items H11 to H14, a signature area used only when the form is filed separately, and Schedules A, A-1, A-2 and A-3 on ownership, certain partners, foreign partners of a section 721(c) partnership and affiliations.
Income statement for trade or business income and expenses, lines 1a through 22.
Partners' distributive share items. The instructions say only Category 1 filers complete it.
Balance sheets per books, balance sheets for interest allocation, a reconciliation of income, and partners' capital accounts. A Yes on item H11 (receipts under $250,000 and assets under $1 million) skips L, M-1 and M-2.
Transactions between the controlled foreign partnership and partners or other related entities, such as sales of inventory, royalties, distributions, interest and loan balances.
Enter the foreign partnership's tax year that ended with or within the filer's tax year, then the filer's identifying number (an EIN for entities, an SSN or other number for individuals) and address.
Check the box for each category that describes the filer. The Filing Requirements for Categories of Filers chart in the instructions lists the schedules for each category.
Enter the foreign partnership's name and address and its EIN, if any, or a reference ID number. The instructions say a reference ID is alphanumeric, up to 50 characters, and used consistently from year to year.
Enter the functional currency and the exchange rate. The instructions say the rate is reported as units of foreign currency that equal one U.S. dollar, rounded to at least four places.
Complete the schedules for the category. For Schedules B, K, K-1, L, M-1 and M-2, the instructions point to the corresponding Form 1065 instructions. All amounts are in U.S. dollars and all information in English.
The instructions say to sign only if Form 8865 is filed separately because no U.S. income tax return is required. When it is attached to a return, the form and paid preparer area are left unsigned.
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Attach Form 8865 to the income tax return (or partnership or exempt organization return) and file both by its due date, including extensions. A filer with no return files it separately at the time and place a return would be filed.
The instructions say to complete a separate Form 8865 and the applicable schedules for each foreign partnership.
The instructions list a $10,000 penalty for each tax year of each foreign partnership, and $10,000 more for each 30-day period after 90 days from an IRS notice, up to a maximum of $50,000 for each failure.
The instructions list 10% of the fair market value of the property at the time of the contribution, subject to a $100,000 limit unless the failure is due to intentional disregard.
The instructions list a $10,000 penalty, and $10,000 more for each 30-day period after 90 days from an IRS notice, not to exceed $50,000.
File a corrected Form 8865 with an amended return, enter "corrected" at the top of the form, and attach a statement identifying and explaining the changes.
8865
108 fields, 1 page
8865 Sch. O
233 fields, 1 page
8865 Sch. P
69 fields, 1 page
8865
2,106 fields, 14 pages
8865
2,144 fields, 15 pages
1065
440 fields, 6 pages
The instructions say a U.S. person qualifying under one or more of the categories of filers completes and files Form 8865. A U.S. person is a citizen or resident of the United States, a domestic partnership, a domestic corporation, and any estate or trust that isn't foreign.
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The instructions say a U.S. person qualifying under one or more of the four categories of filers completes and files it.
It is attached to the filer's income tax return. The instructions say a person without a return files it separately at the time and place a return would be filed.
The instructions say all items required for each category are submitted. A Category 2 and 3 filer submits the Category 2 schedules plus Schedules A-1 and O.
If the foreign partnership files Form 1065, the instructions say Category 1 and 2 filers may use a copy of the completed Form 1065 schedules in place of the equivalent Form 8865 schedules.
The About page lists Schedule K-1, Schedule O and Schedule P (Form 8865). The instructions also cover Schedules G, H, K-2 and K-3 (Form 8865).
A number the filer assigns to a foreign partnership to track it from year to year. It is required only when no EIN is entered, and the instructions say there is no need to apply to the IRS for one.