1224 Form 8858 (PDF) — verbatim text

Official source: IRS Forms, Instructions & Publications (https://www.irs.gov/pub/irs-pdf/f8858.pdf), retrieved 2026-10-03. U.S. Government work (17 U.S.C. § 105).

Form

8858¶

(Rev. December 2024)

Department of the Treasury Internal Revenue Service

Information Return of U.S. Persons With Respect to Foreign

Disregarded Entities (FDEs) and Foreign Branches (FBs)

Go to www.irs.gov/Form8858 for instructions and the latest information. Information furnished for the FDE’s or FB’s annual accounting period (see instructions)

beginning , 20 , and ending , 20

OMB No. 1545-1910

Attachment Sequence No. 140

Name of person filing this return Filer’s identifying number

Number, street, and room or suite no. (or P.O. box number if mail is not delivered to street address)

City or town, state, and ZIP code

Filer’s tax year beginning , 20 , and ending , 20 Important: Fill in all applicable lines and schedules. All information must be in English. All amounts must be stated in

U.S. dollars unless otherwise indicated.

Check here FDE of a U.S. person FDE of a controlled foreign corporation (CFC) FDE of a controlled foreign partnership

2 Provide the following information for the FDE’s or FB’s accounting period stated above. a Name, address, and identifying number of branch office or agent (if any) in

with custody of the books and records of the FDE or FB, and the location of such books and records, if different

the United States

b Name and address (including corporate department, if applicable) of person(s)

3 For the tax owner of the FDE or FB (if different from the filer), provide the following. See instructions.

a Name and address b Annual accounting period covered by the return (see instructions)

c(1) U.S. identifying number, if any

c(2) Reference ID number (see instructions)

d Country under whose laws organized e Functional currency

4 For the direct owner of the FDE or FB (if different from the tax owner), provide the following. See instructions.

a Name and address b Country under whose laws organized

c U.S. identifying number, if any d Functional currency

5 Attach an organizational chart that identifies the name, placement, percentage of ownership, tax classification, and country of organization of all entities in the chain of ownership between the tax owner and the FDE or FB, and the chain of ownership between the FDE or FB and each entity in which the FDE or FB has a 10%-or-more direct or indirect interest. See instructions.

For Paperwork Reduction Act Notice, see the separate instructions. Cat. No. 21457L Form 8858 (Rev. 12-2024)

Form 8858 (Rev. 12-2024) Page 2 Schedule C Income Statement (see instructions) Important: Report all information in functional currency in accordance with U.S. GAAP. Also, report each amount in U.S. dollars translated from functional currency (using GAAP translation rules or the average exchange rate determined under section 989(b)). If the functional currency is the U.S. dollar, complete only the U.S. dollars column. See instructions for special rules for FDEs or FBs that use U.S. dollar approximate separate transactions method of accounting (DASTM). If you are using the average exchange rate (determined under section 989(b)), check the following box . . . . . .

Important: Report all amounts in U.S. dollars computed in functional currency and translated into U.S. dollars in accordance with U.S. GAAP. See instructions for an exception for FDEs or FBs that use DASTM.

Form 8858 (Rev. 12-2024)

Form 8858 (Rev. 12-2024) Page 3 Schedule G Other Information ( continued )

6 Is the FDE or FB a qualified business unit as defined in section 989(a)? . . . . . . . . . . . . Do not complete lines 7 and 8 if you are an individual who owns an FB or FDE directly or through tiers of FBs and FDEs. 7 a During the tax year, did the FDE or FB receive, or accrue the receipt of, any amounts defined as a base erosion payment under section 59A(d) or have a base erosion tax benefit under section 59A(c)(2) from a foreign person, which is a related party of the taxpayer? See instructions. If “Yes,” complete lines 7b and 7c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b Enter the total amount of the base erosion payments $ c Enter the total amount of the base erosion tax benefit $ 8a During the tax year, did the FDE or FB pay, or accrue the payment of, any amounts defined as a base erosion payment under section 59A(d) or have a base erosion tax benefit under section 59A(c)(2) to a foreign person, which is a related party of the taxpayer? See instructions. If “Yes,” complete lines 8b and 8c . . . b Enter the total amount of the base erosion payments $ c Enter the total amount of the base erosion tax benefit $ 9 Answer only if the tax owner of the FDE or FB is a CFC: Were there any intracompany transactions between the FDE or FB and the CFC or any other branch of the CFC during the tax year, in which the FDE or FB acted as a manufacturing, selling, or purchasing branch? . . . . . . . . . . . . . . . . . Answer the remaining questions in Schedule G only if the tax owner of the FB or the interest in the FDE is a U.S. corporation. Answer questions 10a through 11c if the tax owner of the FB or the interest in the FDE is treated as a U.S. corporation solely for purposes of these questions. 10a If the FB or the interest in the FDE is a separate unit under Regulations section 1.1503(d)-1(b)(4), and is not part of a combined separate unit under Regulations section 1.1503(d)-1(b)(4)(ii), does the separate unit have a dual consolidated loss as defined in Regulations section 1.1503(d)-1(b)(5)(ii)? . . . . . . . . . . b If “Yes,” enter the amount of the dual consolidated loss . . . . . . . . . . $ ( ) 11a If the FB or the interest in the FDE is a separate unit and part of a combined separate unit under Regulations section 1.1503(d)-1(b)(4)(ii), does the combined separate unit have a dual consolidated loss as defined in Regulations section 1.1503(d)-1(b)(5)(ii)? If “Yes,” complete lines 11b and 11c . . . . . . . b Enter the amount of the dual consolidated loss for the combined separate unit . . . $ ( ) c Enter the net income (loss) attributed to the individual FB or the individual interest in the FDE as determined under Regulations section 1.1503(d)-5(c)(4)(ii)(A) . . . . . . . . . . . . . $ 12a Was any portion of the dual consolidated loss on line 10b or 11b taken into account in computing U.S. taxable income for the year? If “Yes,” go to line 12b. If “No,” go to line 13 . . . . . . . . . . . b Was this a permitted domestic use of the dual consolidated loss under Regulations section 1.1503(d)-6? If “Yes,” see the instructions and go to line 12c. If “No,” go to line 12d . . . . . . . . . . . . . c If “Yes,” is the documentation that is required for the permitted domestic use under Regulations section 1.1503(d)-6 attached to the return? After answering this question, go to line 13a . . . . . . . . . d If this was not a permitted domestic use, was the dual consolidated loss used to compute consolidated taxable income as provided under Regulations section 1.1503(d)-4? If “Yes,” go to line 12e . . . . . . e Enter the separate unit’s contribution to the cumulative consolidated taxable income (“cumulative register”) as of the beginning of the tax year . . . $ . See instructions. 13a During the tax year, did any triggering event(s) occur under Regulations section 1.1503(d)-6(e) requiring recapture of any dual consolidated loss(es) attributable to the FB or interest in the FDE, individually or as part of a combined separate unit, in any prior tax years? . . . . . . . . . . . . . . . . . b If “Yes,” enter the total amount of recapture . . . . . . . $ . See instructions. 14a During the tax year, did the FDE or FB pay or accrue any Top-up Tax? See instructions . . . . . . . b If “Yes,” enter the amount of each type of tax paid or accrued. (1) Income Inclusion Rule (IIR) (or similar taxes) . . . . . . . . . . . . . $ (2) Qualified Domestic Minimum Top-up Tax (QDMTT) (or similar taxes) . . . . . $ (3) UTPR (or similar taxes) . . . . . . . . . . . . . . . . . . . . $	Yes	No

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Is the FDE or FB a qualified business unit as defined in section 989(a)?
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Do not complete lines 7 and 8 if you are an individual who owns an FB or FDE directly or through tiers of
FBs and FDEs.
**7 **

**a **During the tax year, did the FDE or FB receive, or accrue the receipt of, any amounts defined as a
base erosion payment under section 59A(d) or have a base erosion tax benefit under section 59A(c)(2) from
a foreign person, which is a related party of the taxpayer? See instructions. If “Yes,” complete lines 7b
and 7c .
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b
Enter the total amount of the base erosion payments
$
c
Enter the total amount of the base erosion tax benefit
$
**8 **

**a **During the tax year, did the FDE or FB pay, or accrue the payment of, any amounts defined as a base
erosion payment under section 59A(d) or have a base erosion tax benefit under section 59A(c)(2) to a foreign
person, which is a related party of the taxpayer? See instructions. If “Yes,” complete lines 8b and 8c .
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b
Enter the total amount of the base erosion payments
$
c
Enter the total amount of the base erosion tax benefit
$
**9 **

_Answer only if the tax owner of the FDE or FB is a CFC:_Were there any intracompany transactions between
the FDE or FB and the CFC or any other branch of the CFC during the tax year, in which the FDE or FB
acted as a manufacturing, selling, or purchasing branch? .
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Answer the remaining questions in Schedule G only if the tax owner of the FB or the interest in the FDE is a
U.S. corporation. Answer questions 10a through 11c if the tax owner of the FB or the interest in the FDE is
treated as a U.S. corporation solely for purposes of these questions.
10

**a **If the FB or the interest in the FDE is a separate unit under Regulations section 1.1503(d)-1(b)(4), and is not
part of a combined separate unit under Regulations section 1.1503(d)-1(b)(4)(ii), does the separate unit have
a dual consolidated loss as defined in Regulations section 1.1503(d)-1(b)(5)(ii)? .
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b
If “Yes,” enter the amount of the dual consolidated loss
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. $ ()
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**a **If the FB or the interest in the FDE is a separate unit and part of a combined separate unit under
Regulations section 1.1503(d)-1(b)(4)(ii), does the combined separate unit have a dual consolidated loss as
defined in Regulations section 1.1503(d)-1(b)(5)(ii)? If “Yes,” complete lines 11b and 11c .
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b
Enter the amount of the dual consolidated loss for the combined separate unit .
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. $ ()
**c **Enter the net income (loss) attributed to the individual FB or the individual interest in the FDE as determined
under Regulations section 1.1503(d)-5(c)(4)(ii)(A) .
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12 aWas any portion of the dual consolidated loss on line 10b or 11b taken into account in computing U.S.
taxable income for the year? If “Yes,” go to line 12b. If “No,” go to line 13
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**b **Was this a permitted domestic use of the dual consolidated loss under Regulations section 1.1503(d)-6? If
“Yes,” see the instructions and go to line 12c. If “No,” go to line 12d
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**c **If “Yes,” is the documentation that is required for the permitted domestic use under Regulations section
1.1503(d)-6 attached to the return? After answering this question, go to line 13a .
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**d **If this was not a permitted domestic use, was the dual consolidated loss used to compute consolidated
taxable income as provided under Regulations section 1.1503(d)-4? If “Yes,” go to line 12e .
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**e **Enter
the
separate
unit’s
contribution
to
the
cumulative
consolidated
taxable
income
(“cumulative register”) as of the beginning of the tax year .
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. $
. See instructions.
13

**a **During the tax year, did any triggering event(s) occur under Regulations section 1.1503(d)-6(e) requiring
recapture of any dual consolidated loss(es) attributable to the FB or interest in the FDE, individually or as
part of a combined separate unit, in any prior tax years?
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b
If “Yes,” enter the total amount of recapture
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. See instructions.
14a
During the tax year, did the FDE or FB pay or accrue any Top-up Tax? See instructions .
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b
If “Yes,” enter the amount of each type of tax paid or accrued.
(1) Income Inclusion Rule (IIR) (or similar taxes)
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$
(2) Qualified Domestic Minimum Top-up Tax (QDMTT) (or similar taxes) .
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$
(3) UTPR (or similar taxes) .
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Form 8858 (Rev. 12-2024)

Form 8858 (Rev. 12-2024) Page 4 Schedule H Current Earnings and Profits or Taxable Income (see instructions) Important: Enter the amounts on lines 1 through 6 in functional currency.

Form 8858 (Rev. 12-2024)

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