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Form 8858 Instructions

Instructions for Form 8858, Information Return of U.S. Persons With Respect to Foreign Disregarded Entities (FDEs) and Foreign Branches (FBs)

Rev. December 2023

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  • Form 8858 - Information Return of U.S. Persons With Respect To Foreign Disregarded Entities (FDEs) and Foreign Branches (FBs)
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Department of the Treasury  
Internal Revenue Service  
Instructions for Form 8858  
(Rev. December 2023)  
(Use with the September 2021 revision of Form 8858)  
Information Return of U.S. Persons With Respect to Foreign Disregarded Entities  
(FDEs) and Foreign Branches (FBs)  
Section references are to the Internal Revenue Code unless  
otherwise noted.  
If the tax owner of the FDE or FB is a controlled foreign  
corporation (CFC) or controlled foreign partnership (CFP),  
the amounts reported on Form 8858 Schedules C, F, H, J and  
M must be included in determining the amounts reported on  
the equivalent schedules, if applicable, of Form 5471 or 8865  
of the tax owner. If there are tiers of FDE or FBs (e.g. one  
FDE owns one or more FDEs or FBs), then complete  
separate Forms 8858 for each FDE or FB. Do not include  
amounts reported on a Form 8858 for a lower tier FDE or FB  
onto the Form 8858 for the upper tier FDE. However, the  
amounts for all the FDEs and FBs must be included in  
determining the amounts reported on the form for the tax  
owner.  
Future Developments  
For the latest information about developments related to  
Form 8858, Schedule M (Form 8858), and their instructions,  
such as legislation enacted after they were published, go to  
What's New  
Who must file, category 2 filer. The scope of filers has  
been modified to provide that a U.S. person is not a category  
2 filer solely as a result of its interest in a partnership (though  
it may be a filer in a different category).  
Who Must File  
Who must file, category 5 filer, and Schedule G, lines 10  
through 13. The persons previously described in category 5  
are no longer required to file and a U.S. partnership is no  
longer required to answer Questions 10 and 11 of  
The following U.S. persons that are tax owners of FDEs,  
operate an FB, or that own certain interests in tax owners of  
FDEs or FBs must file Form 8858 and Schedule M (Form  
8858).  
Schedule G as if it were a U.S. corporation. For a  
Category 1 filer. A U.S. person that is a tax owner of an  
FDE or operates an FB at any time during the U.S. person's  
tax year or annual accounting period. Complete the entire  
Form 8858, including the separate Schedule M (Form 8858),  
Transactions Between Foreign Disregarded Entity (FDE) or  
Foreign Branch (FB) and the Filer or Other Related Entities.  
Category 2 filer. A U.S. person that directly (or indirectly  
through a tier of FDEs) is a tax owner of an FDE or operates  
an FB. Complete the entire Form 8858, including the  
separate Schedule M (Form 8858).  
partnership's reporting obligations concerning dual  
consolidated losses, see Partnership Instructions for  
Schedules K-2 and K-3 (Form 1065). The description in  
category 5 has been modified for a new group of filers.  
Reminders  
Initial or final checkboxes. Additional clarification has  
been provided for when to check these boxes. See Initial  
Form or Final Form 8858 under Specific Instructions, later.  
Functional currency. Filers of Form 8858 are required to  
enter a three-letter ISO 4217 “Alphabet Code” on lines 1i, 2e,  
and 4d. For more information, see the instructions for line 1i,  
later.  
Category 3 filer. Certain U.S. persons that are required to  
file Form 5471 with respect to a CFC that is a tax owner of an  
FDE or operates an FB at any time during the CFC's annual  
accounting period.  
Schedule C-1.  
Category 4 filers of Form 5471. Complete the entire Form  
Boxes 2a and 3a have been grayed out, because  
8858 and the separate Schedule M (Form 8858).  
information on lines 2 and 3 applies only to the recipients of  
the remittances (column (b)) and not the foreign disregarded  
entity (FDE) or foreign branch (FB) (column (a)). See the  
instructions for clarification.  
Category 5 filers of Form 5471. Complete only the  
identifying information on page 1 of Form 8858 (for example,  
everything before Schedule C) and Schedules G, H, and J.  
Do not complete the separate Schedule M (Form 8858).  
Category 4 filer. Certain U.S. persons that are required to  
file Form 8865 with respect to a CFP that is a tax owner of an  
FDE or operates an FB at any time during the CFP's annual  
accounting period. If the U.S. person required to file by  
operation of this rule is a U.S. individual, the U.S. person is  
not required to complete lines 10 through 13 of Schedule G.  
If the U.S. person is not an individual, the U.S. person is  
required to report its distributive share of the items on lines  
10 through 13 of Schedule G.  
On line 3, the regulations citation has been changed from  
1.987-12T to 1.987-12 to reflect the publication of the final  
section 1.987-12 regulation.  
General Instructions  
Purpose of Form  
Form 8858 is used by certain U.S. persons that operate an  
FB or own an FDE directly or, in certain circumstances,  
indirectly or constructively. See U.S. Person Filing Form  
8858, later. The form and schedules are used to satisfy the  
reporting requirements of sections 6011, 6012, 6031, and  
6038, and related regulations.  
Category 1 filers of Form 8865. Complete the entire Form  
8858 and the separate Schedule M (Form 8858).  
Category 2 filers of Form 8865. Complete only the  
identifying information on page 1 of Form 8858 (for example,  
Dec 14, 2023  
Cat. No. 38123Q  
 
everything above Schedule C) and Schedules G, H, J, and  
the separate Schedule M (Form 8858). You are not required  
to complete Form 8858 if there is a category 1 filer of Form  
8865 that completes the entire Form 8858 and separate  
Schedule M (Form 8858) with respect to the FDE or FB.  
Definitions  
U.S. Person  
A U.S. person is:  
A citizen or resident alien of the United States (see Pub.  
Category 5 filer. A U.S. person that is a partner in a  
partnership that owns an FDE or operates an FB and applies  
section 987 to the activities of the FDE or FB using a method  
that requires the partner, rather than the partnership, to  
recognize section 987 gain or loss with respect to the FDE or  
FB. The U.S. person must complete the first page of the Form  
8858 and Schedule C-1 for each FDE and FB of the  
partnership. As stipulated in the Partnership Instructions for  
Schedules K-2 and K-3 (Form 1065), the partnership must  
furnish to the U.S. person all the information necessary for  
them to complete the above-described portions of Form  
8858. A category 5 filer should check the box for “FDE of a  
U.S. person” (in the case of an FDE owned by a partnership)  
or “FB of a U.S. person” (in the case of an FB owned by a  
partnership).  
519 for guidance on determining resident alien status),  
A domestic partnership,  
A domestic corporation,  
Any estate (other than a foreign estate, within the meaning  
of section 7701(a)(31)(A)), and  
Any domestic trust.  
A domestic trust is any trust if:  
1. A court within the United States is able to exercise  
primary supervision over the administration of the trust, and  
2. One or more U.S. persons have the authority to control  
all substantial decisions of the trust.  
U.S. Person Filing Form 8858  
The U.S. person filing Form 8858 is any U.S. person that:  
Category 6 filer. A U.S. corporation (other than a RIC, a  
REIT, or an S corporation) that is a partner in a U.S.  
partnership, which checked box 11 (Dual Consolidated Loss)  
on Schedules K-2 and K-3 (Form 1065). Even though the  
U.S. corporation is not the tax owner of the FDE and/or the  
FB, the U.S. corporation must complete lines 1 through 5 of  
the Form 8858, line 3 of Schedule G, and report its  
distributive share of the items on lines 10 through 13 of  
Schedule G for each FDE and FB of the U.S. partnership. As  
stipulated in the Partnership Instructions for Schedules K-2  
and K-3 (Form 1065), the U.S. partnership must furnish to the  
U.S. corporate partner the information necessary for the  
partner to complete the above-described portions of Form  
8858.  
Is the tax owner of an FDE,  
Owns a specified interest in an FDE indirectly or  
constructively through a CFC or a CFP (see items 2 and 3  
under Who Must File, earlier, for more detailed information),  
or  
Operates (directly or indirectly through a tier of FDEs) an  
FB.  
Throughout these instructions, when the pronouns “you”  
and “your” are used, they are used in reference to the U.S.  
person filing Form 8858.  
Foreign Disregarded Entity (FDE)  
An FDE is an entity that is not created or organized in the  
United States and that is disregarded as an entity separate  
from its owner for U.S. income tax purposes under  
Regulations sections 301.7701-2 and 301.7701-3. See the  
instructions for Form 8832 for more information.  
Note. Complete a separate Form 8858 and all applicable  
schedules for each FDE or FB.  
Exceptions To Filing Form 8858  
Multiple filers of the same information. In the case of  
category 4 or 5 filers of Form 5471 or category 1 filers of  
Form 8865 who are also required to file Form 8858, one  
person may file Form 8858 and Schedule M (Form 8858), if  
applicable, for other persons who have the same filing  
requirements with respect to both Form 8858 and Form 5471  
or Form 8865. If you and one or more other persons are  
required to furnish information for the same FDE or indirect  
FB for the same period, this information may be included with  
or attached to, and filed in the same manner as, the multiple  
filer information provided with respect to the CFC or the CFP.  
See Multiple filers of same information in the Form 5471  
instructions or Multiple Category 1 filers in the Form 8865  
instructions.  
An eligible entity uses Form 8832 to elect how it will be  
classified for federal tax purposes. A copy of Form 8832 is  
attached to the entity's federal tax return for the tax year of  
the election; however, special rules apply if the entity is not  
required to file a tax return. For more information, see Where  
To File in the instructions for Form 8832.  
Note. Rules, effective September 28, 2009, allow an eligible  
entity to request a late entity classification election. See Rev.  
Proc. 2009-41, available at IRS.gov/irb/  
2009-39_IRB#RP-2009-41, for more information.  
Tax Owner of FDE  
The tax owner of the FDE is the person that is treated as  
owning the assets and liabilities of the FDE for purposes of  
U.S. income tax law.  
When and Where To File  
Form 8858 is due when your income tax return or information  
return is due, including extensions. If you are the tax owner of  
the FDE or operate an FB, attach Form 8858 and the  
separate Schedule M (Form 8858), if required, to your  
income tax return or information return. If you are not the tax  
owner of the FDE or indirect FB, attach Form 8858 to any  
Form 5471 or Form 8865 you are filing with respect to the  
CFC or the CFP that is the tax owner of the FDE or operates  
the FB.  
Direct Owner of FDE  
The direct owner of an FDE is the legal owner of the  
disregarded entity.  
Example. Assume Avery, a U.S. individual, is a 60%  
partner of a CFP. FDE 1 is a foreign disregarded entity owned  
by a CFP, and FDE 2 is a foreign disregarded entity owned by  
FDE 1. In this example, FDE 1 is the direct owner of FDE 2,  
and controlled foreign partnership is the direct owner of FDE  
1. Controlled foreign partnership is the tax owner with respect  
2
Instructions for Form 8858 (Rev. 12-2023)  
       
to both FDE 1 and FDE 2. Avery would be required to file the  
Forms 8858 relating to FDE 1 and FDE 2 with the Form 8865  
it files with respect to CFP.  
Criminal penalties. Criminal penalties under sections 7203,  
7206, and 7207 may apply for failure to file the information  
required by section 6038.  
Foreign Branch (FB)  
Note. Any person required to file Form 8858 and  
Schedule M (Form 8858) who agrees to have another person  
file the form and schedules for him or her may be subject to  
the above penalties if the other person does not file a correct  
and proper form and schedule.  
An FB is defined in Regulations section 1.367(a)-6T(g). For  
purposes of filing a Form 8858, an FB also includes a  
qualified business unit (QBU) (as defined in Regulations  
section 1.989(a)-1(b)(2)(ii)) that is foreign.  
Example. Assume A, a domestic corporation, operates a  
foreign branch, FB1, in country X and is the tax owner of a  
foreign disregarded entity, FDE1, in country Y that also  
operates a foreign branch, FB2, in country Z. In addition, A is  
the sole owner of controlled foreign corporation that operates  
a foreign branch, FB3, in country Z. FB1, FB2, and FB3  
qualify as foreign branches under Regulations section  
1.367(a)-6T(g).  
Other Reporting Requirements  
Reporting Exchange Rates on Form 8858  
When translating amounts from functional currency to U.S.  
dollars, you must use the method specified in these  
instructions. But, regardless of the specific method required,  
all exchange rates must be reported using a “divide-by  
convention” rounded to at least four places. That is, the  
exchange rate must be reported in terms of the amount by  
which the functional currency amount must be divided in  
order to reflect an equivalent amount of U.S. dollars. As such,  
the exchange rate must be reported as the units of foreign  
currency that equal 1 U.S. dollar, rounded to at least four  
places. Do not report the exchange rate as the number of  
U.S. dollars that equal 1 unit of foreign currency.  
A is the direct owner of the activities of FB1 and FDE1,  
and an indirect owner of the activities of FB2, through its  
ownership of FDE1.  
A would be required to file separate Forms 8858 relating to  
FB1, FDE1, and FB2, its indirect foreign branch through its  
ownership of FDE1. Unless indicated otherwise on the Form  
8858 or in the instructions, the Form 8858 filed relating to  
FDE1 would include only items attributable to FDE1 and  
therefore would not include any items attributable to FB2.  
Similarly, unless indicated otherwise, the Form 8858 filed for  
FB2 would include only items attributable to FB2 and not to  
FDE1.  
Controlled foreign corporation is the direct owner of the  
activities of FB3. Also, controlled foreign corporation is the  
tax owner with respect to the foreign branch activities of FB3.  
A would be required to file the Form 8858 relating to FB3 with  
the Form 5471 it files with respect to controlled foreign  
corporation. The Form 5471 for controlled foreign corporation  
would include any income or loss incurred by FB3.  
Note. You must round the result to more than four places, if  
failure to do so would materially distort the exchange rate or  
the equivalent amount of U.S. dollars.  
Example. During its annual accounting period, an FDE  
owned by a U.S. person had current income of 30,255,400  
Yen on Schedule H, line 6. The Schedule H, line 7,  
instructions specify that the filer must translate these  
amounts into U.S. dollars at the average exchange rate for  
the tax year in accordance with the rules of section 989(b).  
The average exchange rate is 105.7846 Japanese Yen to  
1 U.S. dollar (0.00945317 U.S. dollars to 1 Japanese Yen).  
Divide 30,255,400 Yen by 105.7846 to determine the U.S.  
dollar amount to enter on line 7 of Schedule H. Enter  
105.7846 on line 8.  
Accounting books and records. The existence of a  
separate set of books and records, or lack thereof, may affect  
the determination of whether a trade or business activity  
qualifies as an FB that is required to file Form 8858. For more  
information, see Regulations sections 1.989(a)-1(d) and  
1.367(a)-6T(g)(1).  
Electronic Filing of Form 8858  
If you file your income tax return electronically, see the  
instructions for your income tax return for general information  
about electronic filing.  
Penalties  
Failure to file information required by section 6038(a)  
(Form 8858 and Schedule M (Form 8858)).  
Note. If you are filing Form 1120 or 1065 electronically, you  
must attach Form 8858 electronically (as an attachment to  
your electronically filed Form 1120, Form 1065, Form 5471,  
or Form 8865). If you are filing Form 1040, Form 1040-SR, or  
Form 1041 electronically (with or without a Form 5471 or  
Form 8865), attach Form 8858 to the applicable Form 8453.  
A $10,000 penalty is imposed for each annual accounting  
period of each CFC or CFP for failure to furnish the required  
information within the time prescribed. If the information is not  
filed within 90 days after the IRS has mailed a notice of the  
failure to the U.S. person, an additional $10,000 penalty (per  
CFC or CFP) is charged for each 30-day period, or fraction  
thereof, during which the failure continues after the 90-day  
period has expired. The additional penalty is limited to a  
maximum of $50,000 for each failure.  
Computer-Generated Form 8858 and Schedules  
A computer-generated Form 8858 and its schedules may be  
filed if they conform to and do not deviate from the official  
form and schedules. Generally, all computer-generated forms  
must receive prior approval from the IRS and are subject to  
an annual review.  
Any person who fails to file or report all of the information  
required within the time prescribed will be subject to a  
reduction of 10% of the foreign taxes available for credit  
under sections 901 and 960. If the failure continues 90 days  
or more after the date the IRS mails notice of the failure to the  
U.S. person, an additional 5% reduction is made for each  
3-month period, or fraction thereof, during which the failure  
continues after the 90-day period has expired. See section  
6038(c)(2) for limits on the amount of this penalty.  
Submit all requests for approval to the Substitute Forms  
Program. Use the address in the current Pub. 1167, General  
Rules and Specifications for Substitute Forms and Schedules  
3
Instructions for Form 8858 (Rev. 12-2023)  
   
Important: Be sure to attach the approval letter to Form  
Name Change  
8858.  
If the name of the person filing the return, the tax owner, the  
direct owner, the FB, or the FDE whose activities are being  
reported changed within the past 3 years, show the prior  
name(s) in parentheses after the current name.  
Every year, the IRS issues a revenue procedure to provide  
guidance for filers of computer-generated forms. In addition,  
every year, the IRS issues Pub. 1167, which reprints the most  
recent applicable revenue procedure. Pub. 1167 is available  
at IRS.gov/Pub1167, or can be ordered by calling  
800-TAX-FORM (800-829-3676).  
Addresses  
Use the following instructions to complete lines 1a, 2a, 2b,  
3a, and 4a, and the entry spaces at the top of page 1 of the  
form for the filer's address.  
Dormant FDEs  
Announcement 2004-4, 2004-4 I.R.B. 357, available at  
IRS.gov/irb/2004-04_IRB#2004-4, provides for a summary  
filing procedure for filing Form 8858 for a dormant FDE. A  
dormant FDE would be a dormant controlled foreign  
corporation if it were treated as a foreign corporation for U.S.  
tax purposes.  
If you elect the summary procedure, complete only the  
identifying information before Schedule C on page 1 of Form  
8858 for each dormant FDE as follows.  
U.S. addresses. Include the suite, room, or other unit  
number after the street address. If the Post Office does not  
deliver mail to the street address and the U.S. person has a  
P.O. box, show the box number instead.  
Foreign addresses. Enter the information in the following  
order: city, province or state, and country. Follow the  
country's practice for entering the postal code, if any. Do not  
abbreviate the country name. However, if you are filing Form  
8858 electronically, enter a valid country code (from the list at  
IRS.gov/CountryCodes) instead of the country name.  
The top margin of the summary return must be labeled  
“Filed Pursuant to Announcement 2004-4 for Dormant FDE.”  
Include the name, address, identifying number, and tax  
Initial Form or Final Form 8858  
year of the U.S. person filing Form 8858 (see U.S. Person,  
Check the Initial Form 8858 box in the year the tax owner  
formed or aquired the FDE or FB, and check the Final Form  
8858 box in the year the tax owner terminated or disposed of  
the FDE or FB. Only one of these boxes can be checked on  
each Form 8858 filed. For example, if an FDE is formed or  
aquired, and terminated or disposed of, within the same tax  
year (even if it was on the same day), you are required to file  
a separate Form 8858 for each event.  
earlier).  
Include the annual accounting period of the dormant FDE  
(below the title of the form) and complete lines 1a through 1e,  
and 1g.  
Complete lines 3a through 3d, if applicable.  
Complete lines 4a through 4c, if applicable.  
File this summary return in the manner described in When  
and Where To File, earlier.  
On one Form 8858, you would check the Initial 8858  
checkbox to reflect the formation or acquisition of the FDE,  
and complete the rest of the form reporting information for the  
period that the tax owner owns the FDE. On the other Form  
8858, you would check the Final 8858 checkbox to reflect the  
termination or disposition of the FDE, and complete the rest  
of the form reporting information for the period that the tax  
owner owns the FDE.  
Specific Instructions  
Important: If the information required in a given section  
exceeds the space provided within that section, do not write  
“see attached” in the section and then attach all of the  
information on additional sheets. Instead, complete all entry  
spaces in the section and attach the remaining information  
on additional sheets. The additional sheets must conform  
with the IRS version of that section.  
Identifying Numbers  
Use the following instructions to complete lines 1b(1), 3c(1),  
and 4c, and the entry space at the top of page 1 of the form  
for the filer's identifying number. The identifying number of an  
individual is his or her social security number (SSN). The  
identifying number of all others is their employer identification  
number (EIN).  
Identifying Information  
Annual Accounting Period  
Enter, in the space provided below the title of Form 8858, the  
annual accounting period of the FDE or FB for which you are  
furnishing information. The annual accounting period of an  
FDE or FB is the annual accounting period or tax year of the  
tax owner. Therefore, in the case of a U.S. tax owner, the  
annual accounting period of the FDE or FB is the tax year of  
the U.S. tax owner; and in the case of a CFC or CFP that is a  
tax owner, the annual accounting period of the FDE or FB is  
the annual accounting period of the CFC or CFP.  
If a U.S. corporation is the U.S. person filing Form 8858  
and is a member of a consolidated group, see Person Filing  
This Return, earlier.  
Line 1b(1)—U.S. identifying number. Generally, you must  
enter an EIN on line 1b(1). If you don’t have an EIN when you  
file Form 8858, you must enter a reference ID number on  
line 1b(2).  
Foreign disregarded entity (FDE). An EIN is required for  
an FDE to file Form 8832 to elect to be treated as an FDE.  
The new EIN must be included on the Form 8858 filed by the  
FDE for the first year in which it elects to be treated as an  
FDE, and the old reference ID number must be entered on  
line 1b(2). In subsequent years, the FDE must enter the EIN  
on line 1b(1) of the Form 8858, but entering the old reference  
ID number on line 1b(2) is optional.  
Person Filing This Return  
In the spaces provided at the top of page 1 of Form 8858,  
provide the identifying information for the U.S. person filing  
Form 8858 (see U.S. Person, earlier).  
If a U.S. corporation is the U.S. person filing Form 8858  
and is a member of a consolidated group, list the common  
parent as the person filing the return and enter its identifying  
information in the spaces provided at the top of page 1 of the  
form.  
4
Instructions for Form 8858 (Rev. 12-2023)  
     
Foreign branch (FB). An FB does not file Form 8832 and  
thus may not be required to have an EIN. In that case, the FB  
must enter a reference ID number on line 1b(2).  
Note. This correlation requirement applies only to the first  
year the new reference ID number is used.  
Line 1g—Country in Which Principal Business  
Activity Is Conducted  
Enter the two-letter country code (from the list at IRS.gov/  
CountryCodes) of the country in which the principal business  
activity of the FDE or FB is conducted.  
Note. Do not enter an SSN on line 1b(1) or 1b(2).  
Line 1b(2)—Reference ID number. A reference ID number  
(defined below) is required on line 1b(2) only in cases where  
no EIN was entered on line 1b(1) for the FDE or FB. However,  
filers are permitted to enter both an EIN on line 1b(1) and a  
reference ID number on line 1b(2). If applicable, enter the  
reference ID number you have assigned to the FDE or FB  
identified on line 1a.  
A "reference ID number" is a number established by the  
U.S. person identified at the top of page 1 of the Form 8858  
who is responsible for completing the Form 8858 for the FDE  
or FB. The reference ID number must meet the requirements  
set forth below.  
Enter “US” if the principal business activity of an FDE is  
conducted in the United States.  
Line 1h—Principal Business Activity  
Enter the 6-digit principal business activity code number for  
the FDE or FB followed by a brief description of the FDE's or  
FB's principal business activity. Principal business activity  
code numbers can be found at the end of the Instructions for  
Note. Because reference ID numbers are established by or  
on behalf of the U.S. person filing Form 8858, there is no  
need to apply to the IRS to request a reference ID number or  
for permission to use these numbers. Reference ID numbers  
must be used consistently from year to year to identify a  
specific FB or FDE.  
Requirements. The reference ID number that is entered  
on line 1b(2) must be alphanumeric (defined below) and no  
special characters or spaces are permitted. The length of a  
given reference ID number is limited to 50 characters.  
Line 1i—Functional Currency  
Enter the entity's three-letter functional currency code. This is  
an Alphabet Code selected from ISO 4217, available at  
ISO.org/en/home/tables/table-a1.html. See sections 985 and  
989, and Regulations sections 1.985-1(a) through (c) and  
1.989(a)-1(b) for rules for determining the functional currency  
of a QBU and the definition of a QBU.  
Hyperinflationary exception. An entity that would  
otherwise be required to use a hyperinflationary currency as  
its functional currency must use the U.S. dollar as its  
functional currency and figure income or loss or earnings and  
profits using the U.S. dollar approximate separate  
For these purposes, the term "alphanumeric" means the  
entry can be alphabetical, numeric, or any combination of the  
two.  
The same reference ID number must be used consistently  
from tax year to tax year with respect to a given FDE, FB, or  
tax owner. If for any reason a reference ID number falls out of  
use (for example, the FDE, FB, or tax owner no longer exists  
due to disposition or liquidation), the reference ID number  
used for that FDE, FB, or tax owner cannot be used again for  
another FDE, FB, or tax owner for purposes of Form 8858  
reporting.  
There are some situations that warrant correlation of a  
new reference ID number with a previous reference ID  
number when assigning a new reference ID number to an  
FDE, FB, or tax owner partnership. For example:  
transactions method of accounting (DASTM) under the  
special rules of Regulations section 1.985-3. However, if the  
hyperinflationary QBU is an FDE or FB of a foreign  
corporation with a non-U.S. dollar functional currency that is  
not hyperinflationary, the functional currency of the FDE or  
FB is the functional currency of the foreign corporation and  
such QBU applies Regulations section 1.985-3 by  
substituting the functional currency of the foreign corporation  
for the U.S. dollar. See Regulations section 1.985-1(b)(2).  
Line 3  
In the case of a merger or acquisition, a Form 8858 filer  
If the tax owner of the FDE or FB is different from the filer,  
then provide the information required on lines 3a through 3e  
for the tax owner.  
must use a reference ID number which correlates the  
previous reference ID number with the new reference ID  
number assigned to the FDE, FB, or tax owner; or  
Line 3b  
Under Regulations section 301.6109-1(b)(2)(v), a foreign  
entity that makes an entity classification election on Form  
8832 to become an FDE must have an EIN. For the first year  
that Form 8858 is required to be filed after an entity  
classification election is made on behalf of the foreign entity  
on Form 8832, the new EIN must be entered on line 1b(1) of  
Form 8858 and the old reference ID number must be entered  
on line 1b(2) of Form 8858. In subsequent years, a filer may  
continue to enter both the EIN on line 1b(1) and the reference  
ID number on line 1b(2), but must enter at least the EIN on  
line 1b(1).  
If the tax owner is a CFC, enter the annual accounting period  
covered by Form 5471 (as described in Regulations section  
1.6038-2(e)). If the tax owner is a CFP, enter the annual  
accounting period covered by Form 8865 (as described in  
Regulations section 1.6038-3(f)).  
Line 3c(1)—U.S. Identifying Number  
To complete line 3c(1), see Line 1b(1)—U.S. identifying  
number, earlier. If the tax owner does not have an EIN when  
Form 8858 is filed, a reference ID number must be entered  
on line 3c(2). See the instructions for line 3c(2), later.  
You must correlate the reference ID numbers as follows:  
New reference ID number (space) Old reference ID number.  
If there is more than one old reference ID number, you must  
enter a space between each such number. As indicated  
above, the length of a given reference ID number is limited to  
50 characters and each number must be alphanumeric and  
no special characters are permitted.  
Note. If the tax owner is an individual, enter an SSN on  
line 3c(1) or line 3c(2).  
5
Instructions for Form 8858 (Rev. 12-2023)  
     
Line 3c(2)—Reference ID Number  
Schedule C  
A reference ID number (defined earlier, under the instructions  
for line 1b(2)) is required on line 3c(2) only in cases where no  
EIN was entered on line 3c(1). However, filers are permitted  
to enter both an EIN on line 3c(1) and a reference ID number  
on line 3c(2). If this tax owner is a CFC, enter the reference ID  
number for the CFC from Form 5471, item 1b(2). If this tax  
owner is a CFP, enter the reference ID number for the CFP  
from Form 8865, item G2(b). See the instructions for  
line 1b(2) for more information about the requirements for the  
reference ID number.  
Use Schedule C to report a summary income statement for  
the FDE or FB figured in the FDE’s or FB’s functional  
currency in accordance with U.S. generally accepted  
accounting principles (GAAP). Enter in the U.S. dollar column  
each line item functional currency amount translated into  
dollars using U.S. GAAP translation rules. If the FDE or FB  
does not maintain U.S. GAAP income statements in U.S.  
dollars, you can use the average exchange rate as  
determined under section 989(b). The rate used should be  
the rate stated on Schedule H, line 8. If you choose to use the  
average exchange rate rather than the U.S. GAAP translation  
rules, check the box above line 1 on Schedule C.  
Special rules for DASTM. If the FDE or FB uses DASTM,  
the functional currency column should reflect local  
hyperinflationary currency amounts figured in accordance  
with U.S. GAAP. The U.S. dollar column should reflect such  
amounts translated into dollars under U.S. GAAP translation  
rules. Differences between this U.S. dollar GAAP column and  
the U.S. dollar income or loss figured for tax purposes under  
Regulations section 1.985-3(c) should be accounted for on  
Schedule H. See Special rules for DASTM under  
Schedule H, later.  
Note. If this tax owner is a CFC and Schedule A (Form 8992)  
or Schedule B (Form 8992) is required to be filed with respect  
to that CFC, the reference ID number entered on line 3c(2)  
must be the same as the reference ID number entered on  
Form 5471, item 1b(2), and Schedule A (Form 8992), column  
(b), or Schedule B (Form 8992), Part I, column (b).  
Line 3e  
Line 4  
If the direct owner of the FDE or FB is different from the tax  
owner, then provide the information required on lines 4a  
through 4d for the direct owner. If the FDE has more than one  
direct owner, attach a statement to Form 8858 that includes  
the information requested on line 4 for each additional direct  
owner.  
Line 12. Enter the income, war profits, and excess profits tax  
deducted in accordance with U.S. GAAP.  
Line 13. Include on line 13 adjustments for extraordinary  
items or prior period adjustments. The terms “extraordinary  
items” and “prior period adjustments” have the same  
meaning given to them by U.S. GAAP (see Subtopic 225-20,  
Income Statement and Statement No. 16 of the Financial  
Accounting Standards Board).  
Line 4c—U.S. Identifying Number  
To complete line 4c, see Line 1b(1)—U.S. identifying number,  
earlier. If the direct owner does not have an EIN when Form  
8858 is filed, leave this line blank.  
Important: Differences between this functional currency  
amount and the amount of taxes that reduce earnings and  
profits (E&P) (in the case of an FDE or FB of a CFC) or are  
deductible in figuring U.S. taxable income (in the case of an  
FDE or FB of a U.S. person or a CFP) should be accounted  
for on line 2 or 3 of Schedule H.  
Note. If the direct owner is an individual, enter an SSN on  
line 4c.  
Line 4d  
Schedule C-1  
Line 5  
The activities of an FDE or FB may give rise to one or more  
QBUs. If the QBU has a different functional currency than its  
owner, then such owner may be subject to section 987.  
You must attach an organizational chart that includes the  
following information with respect to the chain of ownership  
between the tax owner and the FDE or FB and the chain of  
ownership between the FDE or FB and all entities in which  
the FDE or FB has a 10% or more direct or indirect interest.  
If an owner would be treated as owning multiple QBUs,  
complete a separate Schedule C-1 with respect to each QBU  
of the owner.  
The name and percentage of ownership of all entities in  
the chain of ownership, including partnerships and entities  
disregarded as separate from their owners.  
If a QBU has multiple owners, complete a separate  
Schedule C-1 for each owner.  
The FDE’s or FB’s position in the chain of ownership.  
The tax classification of all entities in the chain of  
However, if the U.S. person filing Form 8858 knows that  
the owner of a QBU has the same functional currency as a  
QBU owned by that person, the U.S. person filing Form 8858  
is not required to complete Schedule C-1 with respect to that  
owner’s interest in the QBU.  
ownership (see the Form 8832 instructions for tax  
classification rules and related definitions).  
The country under whose law each entity is organized.  
For these purposes, the rules of section 958(a) (relating to  
“direct and indirect ownership”) apply.  
If the U.S. person filing Form 8858 does not know and  
does not have reason to know the functional currency of the  
owner of a QBU, leave column (b) of lines 1 and 2 blank.  
Each filer of Form 8858 that is required to file an  
organizational chart with respect to more than one FDE  
and/or FB may satisfy this requirement by filing a single  
organizational chart that includes the required information  
with respect to all FDEs and FBs.  
Line 2b  
Report on line 2b the amount of section 987 gain or loss  
recognized by the recipient owner that results from a  
remittance from a QBU or a termination of a QBU.  
6
Instructions for Form 8858 (Rev. 12-2023)  
     
For amounts reported on line 2b of Schedule C-1, include  
a statement with the following information.  
with respect to any base erosion payment. See section  
59A(c)(2).  
A description of the methodology used to figure the section  
See sections 59A(f) and 59A(g) for the definitions of  
“foreign person” and “related party.”  
987 gain or loss.  
The amount of section 987 gain or loss included on line 2b  
that was previously deferred under Regulations section  
Also, see the Instructions for Form 8991 for the  
determination of a base erosion payment and a base erosion  
tax benefit.  
1.987-12 and that is being recognized in the current tax year.  
Line 3b  
Line 7a  
Report on line 3b the amount of section 987 gain or loss that  
is deferred under Regulations section 1.987-12 either from a  
deferral event or an outbound loss event.  
Check “Yes” if the FB or FDE received (or accrued the receipt  
of) any base erosion tax payment, or had a base erosion tax  
benefit, from a foreign person which is a related party of the  
FB or FDE. Otherwise, check “No.”  
If an amount is included on line 3b, include a statement  
that provides the following information for each deferral event  
or outbound loss event.  
If “Yes,complete lines 7b and 7c, where appropriate.  
Description of the deferral event or outbound loss event.  
The amount of section 987 gain or loss recognized in the  
Line 7b  
tax year of the deferral event or outbound loss event, and in  
any subsequent tax year, the remaining amount of deferred  
section 987 gain or loss.  
Enter the total amount of base erosion payments received (or  
accrued the receipt of) by the FB or FDE for the tax year.  
For an outbound loss event described in Regulations  
Line 7c  
section 1.987-12(d)(4), the amount of section 987 loss that is  
an adjustment to stock basis and the name of the CFC that  
had an adjustment to its basis from the outbound loss event.  
Enter the total amount of base erosion tax benefit recognized  
by the payor relating to base erosion payments reported on  
line 6b. Also include on line 6c any base erosion tax benefit  
taken into account in the current year from a base erosion  
payment in a previous year, for example, depreciation  
described in section 59A(c)(2)(A)(ii).  
Line 5  
If the owner changed the method of accounting for its section  
987 gain or loss, provide a statement describing the previous  
method used, the new method being used, and the rationale  
for the change in method of accounting.  
Line 8a  
Check “Yes” if the FB or FDE paid (or accrued the payment  
of) any base erosion tax payment, or had a base erosion tax  
benefit, to a foreign person which is a related party of the FB  
or FDE. Otherwise, check “No.”  
Schedule F  
Use Schedule F to report a summary balance sheet for the  
FDE or FB figured and translated into U.S. dollars in  
accordance with U.S. GAAP.  
If “Yes,complete lines 8b and 8c, where appropriate.  
Special rule for DASTM. If the FDE or FB uses DASTM,  
Schedule F should be prepared and translated into U.S.  
dollars according to Regulations section 1.985-3(d), rather  
than U.S. GAAP.  
Line 8b  
Enter the total amount of base erosion payments paid or  
accrued by the FB or FDE for the tax year.  
Line 8c  
Schedule G  
Enter the total amount of base erosion tax benefit relating to  
base erosion payments reported on line 8b. Also include on  
line 8c any base erosion tax benefit taken into account in the  
current year from a base erosion payment in a previous year,  
for example, depreciation described in section 59A(c)(2)(A)  
(ii).  
Line 3  
If the tax owner of the FDE is claiming a section 165 loss with  
respect to worthless stock or with respect to certain  
obligations, see Regulations section 1.6011-4 for information  
relating to a disclosure statement that must be attached to  
Form 8858 if certain requirements are met.  
Line 9  
Answer line 9 only if the tax owner of the FB or FDE is a CFC.  
Otherwise, skip to line 10.  
Line 6  
Check “Yes” if the FB or FDE is a QBU as defined in section  
989(a). If the QBU is subject to section 987, see  
Schedule C-1.  
Lines 10 Through 13  
Complete lines 10 through 13 only if the tax owner of the FB,  
or the tax owner of the interest in the FDE, is a U.S.  
corporation (other than a RIC, a REIT, or an S corporation).  
Otherwise, continue to Schedule H.  
Lines 7 and 8  
Note. 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.  
An FB or interest in an FDE of a U.S. corporation may be  
treated as a separate unit and subject to dual consolidated  
loss (DCL) rules pursuant to Regulations sections  
1.1503(d)-1 through 1.1503(d)-8.  
A base erosion payment, in general, means any amount  
paid or accrued by an “applicable taxpayer” (as defined by  
section 59A(e)) to a foreign person which is a related party of  
the taxpayer and with respect to which a deduction is  
allowable under chapter 1 of the Code. See section 59A(d).  
Line 10a  
A base erosion tax benefit, in general, means any  
Check “Yes” if the FB or FDE is a separate unit under  
Regulations section 1.1503(d)-1(b)(4), is not part of a  
deduction which is allowed under chapter 1 for the tax year  
7
Instructions for Form 8858 (Rev. 12-2023)  
combined separate unit under Regulations section  
1.1503(d)-1(b)(4)(ii), and has a DCL for the tax year. If you  
checked “Yes” on line 10a, enter the amount of the DCL on  
line 10b.  
the year of the DCL (limited by the amount of the separate  
unit’s prior contribution to the cumulative consolidated  
taxable income of the group (“cumulative register”)). See  
Regulations sections 1.1503(d)-4(c) and 1.1502-21(c).  
Check “Yes” on line 12d if the DCL was used to figure  
consolidated taxable income. If the DCL amount exceeds the  
separate unit’s cumulative register as of the beginning of the  
tax year, the amount of DCL claimed is limited to the extent of  
the cumulative register and should be reflected on line 10b or  
11b, as appropriate. Any excess DCL is treated as a loss  
carryover subject to the separate return limitation year (SRLY)  
provisions of Regulations section 1.1502-21(c), as modified  
by Regulations section 1.1503(d)-4. Do not answer “Yes” to  
line 12d if the DCL was used to figure consolidated taxable  
income pursuant to one of the exceptions under Regulations  
section 1.1503(d)-6. See lines 12b and 12c, earlier. If the  
answer to line 12d is “Yes,go to line 12e.  
Line 11a  
If the FB or interest in the FDE is treated as a separate unit  
under Regulations section 1.1503(d)-1(b)(4), is part of a  
combined separate unit, and the combined separate unit has  
a DCL for the tax year, check “Yes” and go to lines 11b and  
11c. Otherwise, check “No,then skip lines 11b through 12e  
and go to line 13a.  
Line 11b  
If you checked “Yes” on line 11a, enter the amount of the DCL  
for the combined separate unit (as defined in Regulations  
section 1.1503(d)-1(b)(4)). See Regulations section  
1.1503(d)-5(c)(4)(ii) and complete line 11c.  
Check “No” on line 12d if the DCL was not used to figure  
consolidated taxable income or the separate unit’s  
cumulative register as of the beginning of the tax year is less  
than or equal to zero. In such case, the DCL is treated as a  
loss carryover subject to the SRLY provisions of Regulations  
section 1.1502-21(c), as modified by Regulations section  
1.1503(d)-4.  
Line 11c  
If you checked “Yes” on line 11a, enter the net income or loss  
attributed to the FB or the interest in the FDE. See  
Regulations section 1.1503(d)-5(c)(4)(ii)(A).  
Line 12a  
Subject to certain exceptions, a domestic use of a DCL is not  
permitted (“domestic use limitation rule”). A domestic use is  
deemed to occur in the year the DCL is included in the  
computation of the taxable income of a consolidated group,  
unaffiliated dual resident corporation, or unaffiliated domestic  
owner, as applicable. See Regulations section 1.1503(d)-2.  
Line 12e  
If the answer to line 12d is “Yes,enter the separate unit’s  
contribution to the cumulative consolidated taxable income  
as of the beginning of the tax year.  
Line 13a  
Check “Yes” on line 12a if any portion of the DCL on  
line 10b or 11b was taken into account in figuring U.S.  
taxable income for the year. If “Yes,go to line 12b. If “No,go  
to line 13a.  
Check “Yes” if a triggering event occurred under Regulations  
section 1.1503(d)-6(e) requiring recapture of any DCLs  
attributable to the FB or interest in the FDE, individually or as  
part of a combined separate unit, in any prior tax years. If  
Yes,enter the total amount of recapture on line 13b. In  
addition, attach a statement to Form 8858 that provides a  
detailed description of the triggering event, the regulation  
citation for the triggering event, and a schedule of the prior  
year(s) DCL(s) being recaptured by year.  
Line 12b  
A domestic use of a DCL is permitted if an exception to the  
domestic use limitation rule applies. See Regulations section  
1.1503(d)-6 for exceptions. For example, a domestic use  
election made pursuant to Regulations section  
1.1503(d)-6(d) is such an exception.  
Check “No” if, with regard to each such prior year DCL,  
one of the following is applicable.  
If you check “Yes,” you may need to include a domestic  
use election with your U.S. income tax return. If the answer to  
line 12b is “Yes,go to line 12c. If the answer to line 12b is  
“No,” skip line 12c and go to line 12d.  
No triggering event occurred in the current tax year.  
A triggering event occurred in the current tax year,  
however, a “Rebuttal to Triggering Event” is attached to the  
return pursuant to Regulations section 1.1503(d)-6(e)(2).  
Line 12c  
A triggering event occurred in the current tax year,  
If you checked “Yes” on line 12b, the regulations require that  
you file documentation for an exception to apply. Check “Yes”  
on line 12c if you have attached any of the following  
documents to your timely filed return.  
however, the amount of the recapture was reduced to zero  
pursuant to Regulations section 1.1503(d)-6(h)(2) and a  
“Reduction of Recapture Amount” is attached to the return.  
The document(s) required to be filed under an elective  
Note. If there is a partial reduction of the recapture amount  
pursuant to Regulations section 1.1503(d)-6(h)(2) and a  
recapture amount is required to be included in income, check  
Yes,enter the reduced amount of the DCL recapture  
included in income, and attach the “Reduction of Recapture  
Amount” to the return.  
agreement between the United States and a foreign country;  
see Regulations section 1.1503(d)-6(b)(1).  
“No Possibility of Foreign Use of Dual Consolidated Loss  
Statement”; see Regulations section 1.1503(d)-6(c).  
“Domestic Use Election and Agreement”; see Regulations  
section 1.1503(d)-6(d)(1).  
Schedule H  
Line 12d  
Use Schedule H to report the FDE's current E&P or the FB’s  
income (if the tax owner is a CFC) or the FDE’s or FB’s  
taxable income (if the tax owner is a U.S. person or a CFP).  
Generally, enter the amounts on lines 1 through 6 in  
functional currency.  
If a separate unit, as defined under Regulations section  
1.1503(d)-1(b)(4), incurs a DCL after having contributed to  
consolidated taxable income of a group in prior years, the  
DCL may be used to offset income of domestic affiliates in  
8
Instructions for Form 8858 (Rev. 12-2023)  
     
Line 1  
Special rules for DASTM. If the FDE or FB uses DASTM,  
enter on line 1 the U.S. dollar GAAP income or loss from  
line 14 of Schedule C. Enter on lines 2 and 3 the adjustments  
made in figuring current E&P or taxable income for U.S. tax  
purposes. Report these amounts in U.S. dollars. Enter on  
line 5 the DASTM gain or loss figured under Regulations  
section 1.985-3(d).  
Check “Yes” if any assets of an FB (or a branch that is an  
FDE) were transferred to a foreign corporation during the tax  
year. If “Yes,continue to line 2; otherwise, check “No” and do  
not complete the rest of Schedule I.  
Line 2  
Check “Yes” if the transferor was a domestic corporation that  
transferred substantially all of the assets of an FB (or a  
branch that is an FDE) to a specified 10%-owned foreign  
corporation. A specified 10%-owned foreign corporation is  
defined in section 245A(b)(1) as any foreign corporation with  
respect to which any domestic corporation is a U.S.  
shareholder with respect to such corporation. If “Yes,”  
continue to line 3.  
Lines 2 and 3  
Certain adjustments must be made to the FDE’s or FB’s  
line 1 net book income or loss to determine its current E&P or  
taxable income. The adjustments may include those needed  
to conform the foreign book income to U.S. GAAP and to U.S.  
tax accounting principles. If the FDE’s or FB’s books are  
maintained in functional currency in accordance with U.S.  
GAAP, enter on line 1 the functional currency GAAP income  
or loss from line 14 of Schedule C, rather than starting with  
foreign book income, and show GAAP-to-tax adjustments on  
lines 2 and 3.  
Line 3  
Check “Yes” if the transferor was a domestic corporation and  
immediately after the transfer the domestic corporation was a  
U.S. shareholder (10% or more shareholder) with respect to  
the transferee foreign corporation. If “Yes,continue to line 4;  
otherwise, stop.  
The adjustments may include the following.  
Capital gains and losses.  
Depreciation, amortization, and depletion.  
Investment or incentive allowance.  
Charges to statutory reserves.  
Line 4  
Under section 91, the U.S. transferor must include in gross  
income an amount equal to the transferred loss amount  
(TLA), if any, as defined in section 91(b) upon a transfer of  
substantially all of the assets of an FB (including an FB that is  
an FDE) to a foreign corporation. The TLA is the sum of  
losses incurred by the FDE or FB after 2017, and before the  
transfer and with respect to which a deduction was allowed to  
the U.S. transferor reduced by the sum of:  
Inventory adjustments. Inventories must be taken into  
account according to the rules of sections 471 (incorporating  
the provisions of section 263A) and 472 and the related  
regulations.  
Taxes. See the instructions for Schedule C, line 13, earlier.  
Attach a separate schedule that lists each applicable  
adjustment item. For each adjustment item, indicate the  
adjustment amount and whether the amount is a net addition  
or net subtraction. The separate schedule should also show  
two totals, the total net additions amount to be entered on  
line 2, and the total net subtractions amount to be entered on  
line 3.  
1. Any taxable income of such branch for a tax year after  
the tax year in which the loss was incurred and through the  
close of the tax year of the transfer, and  
2. Any amount recognized under section 904(f)(3)  
resulting from the transfer.  
Line 5  
Also, see section 14102(d)(4) of the Tax Cuts and Jobs Act  
(TCJA) for the transition rule of section 91.  
DASTM gain or loss, reflecting unrealized exchange gain or  
loss, should be entered on line 5 only for FDEs or FBs that  
use DASTM.  
The TLA amount may be reduced (but not below zero) by  
the amount of gain recognized on account of the transfer,  
other than the amounts recognized under section 904(f)(3), if  
any. Enter the amount of the TLA included in gross income as  
a positive number on line 4.  
Line 7  
Enter on line 7 the functional currency amount translated into  
U.S. dollars at the average exchange rate for the FDE’s or  
FB’s tax year. See section 989(b). Report the exchange rate  
using the “divide-by convention” specified under Reporting  
Exchange Rates on Form 8858, earlier. If the FDE or FB uses  
DASTM, enter on line 7 the same amount entered on line 6.  
If the amount is equal to or less than zero, enter zero and  
no TLA is required to be recognized by the U.S. transferor on  
the transfer under section 91. If the amount is greater than  
zero, enter the TLA on line 4 and report this amount as other  
income on the applicable Form 1120 (for Form 1120 filers,  
page 1, line 10, Other income) and identify the amount as  
“Section 91 Transferred Loss Amount.In addition, attach a  
“Schedule I—Transferred Loss Amount Additional  
Information” statement to the Form 8858 and provide the  
following information.  
Blocked income. The E&P or taxable income of the FDE or  
FB, as reflected on Schedule H, must not be reduced by all or  
any part of such E&P or taxable income that could not have  
been distributed by the FDE or FB due to currency or other  
restrictions or limitations imposed under the laws of any  
foreign country.  
A detailed calculation of the transferred loss amount  
Schedule I  
reflecting amounts of the losses generated by such foreign  
branch after 2017 by year, and any income amounts by year  
generated after such loss year.  
Important: Schedule I should be completed if the FB or FDE  
is owned:  
Directly by a domestic corporation, or  
The amount, if any, recognized under section 904(f)(3) on  
Indirectly by a domestic corporation through a tiered  
account of the transfer.  
structure of FDEs or FBs.  
A detailed summary of the gain recognized (other than  
section 91) by the transferor, including any section 367(a)(1)  
gain on the transfer of property.  
Schedule I should not be completed if the FB or FDE is  
owned by a CFC.  
9
Instructions for Form 8858 (Rev. 12-2023)  
A calculation of the net sum of the previously deducted  
4. The foreign entity reports on the cash basis. See  
section 986(a).  
losses incurred by such foreign branch for tax years prior to  
January 1, 2018, that would have been recaptured under  
section 367(a)(3)(C), as determined without regards to the  
repeal of the section 367(a)(3) active trade or business  
exception by section 14102 of the TCJA.  
5. The foreign income taxes are denominated in a foreign  
currency that is an inflationary currency.  
Enter the exchange rate used in column (d). Report the  
exchange rate using the “divide-by convention” specified  
Enter the translated U.S. dollar amount in column (e).  
Schedule J  
List income, war profits, and excess profits taxes (“income  
taxes”) paid or accrued to the United States and to each  
foreign country or U.S. possession for the foreign entity’s  
foreign tax year(s) that end with or within its U.S. tax year, or  
in the case of income taxes paid or accrued by a CFC or CFP,  
with or within its annual accounting period. Do not report  
taxes that are not creditable, including taxes for which a  
credit is disallowed under section 901(j), (k), (l), or (m).  
Columns (f) through (i). Enter the amount by separate  
category of income in columns (f) through (i).  
Example. Form 8858 is filed for calendar year 2023. A  
CFC, which has a calendar year as its annual accounting  
period, owns FDEs in countries AA and BB. The FDE in  
country AA pays or accrues income tax of 10u = $10 to  
country AA with respect to its foreign tax year ending  
November 30, 2023. The FDE in country BB pays or accrues  
income tax of 20v = $30 to country BB with respect to its  
foreign tax year ending March 31, 2023. In addition, in 2023,  
the CFC received a refund of 3u or $5 with respect to the  
entity it owns in country AA for foreign tax year ending  
November 30, 2022, which had an original liability of 21u or  
$35. All taxes are allocated to the general category. The  
following entries should be made on Schedule J of the Form  
8858 filed for calendar year 2023.  
Except as provided below, adjustments to foreign income  
taxes paid or accrued in a prior year should not be reflected  
on the Form 8858 in the year of adjustment. Instead, they are  
reported in the year to which such taxes relate. This may  
require an amended return. See section 905(c), as amended  
by the TCJA. Adjustments include, for example, additional  
payments, refunds, and downward adjustments for accrued  
foreign taxes that are not paid within 24 months after the  
close of the tax year to which such taxes relate. For more  
information, see Regulations section 1.905-3.  
Exception. With respect to entities owned directly by a U.S.  
person, certain de minimis adjustments may be taken into  
account in the year of such adjustment. See Regulations  
section 1.905-3(b)(1).  
Line 1  
column (a): Country code AA  
column (b): 2023-11-30  
column (c): 10u  
column (d): 1.0000  
column (e): $10  
Column (a). Enter the two-letter country code (from the list  
at IRS.gov/CountryCodes) of all foreign countries and U.S.  
possessions within which income is sourced and/or to which  
taxes were paid, accrued, or deemed paid.  
column (h): $10  
Line 2  
column (a): Country code BB  
column (b): 2023-03-31  
column (c): 20v  
Column (b). Enter the foreign tax year (YYYY-MM-DD) of  
the foreign entity to which the tax relates.  
column (d): 0.6666  
column (e): $30  
Columns (c) through (e). Report foreign income taxes in  
column (c) in the local currency in which the taxes are  
payable. Translate these amounts into U.S. dollars (column  
(e)) at the average exchange rate for the tax year to which the  
tax relates (column (d)) unless one of the exceptions below  
applies. See section 986(a).  
Exceptions. If one of the following exceptions applies, use  
the exchange rate in effect on the date the foreign entity paid  
the tax.  
column (h): $30  
See the filled-in example of Schedule J, later.  
2022 refund. The refund from tax year 2022 is not  
reported on the 2023 Form 8858. The following entries  
should be made on Schedule J of the amended Form 8858  
filed for the calendar year 2022.  
column (a): Country code AA  
column (b): 2022-11-30  
column (c): 18u  
1. The tax is paid before the beginning of the year to  
which the tax relates.  
column (d): 0.6000  
column (e): $30  
2. Accrued taxes are not paid before the date 2 years  
after the close of the tax year to which such taxes relate.  
3. There is an election in effect under section 986(a)(1)  
(D) to translate foreign taxes using the exchange rate in effect  
on the date of payment.  
column (h): $30  
10  
Instructions for Form 8858 (Rev. 12-2023)  
Example—Filled-in Schedule J for Calendar Year 2023  
Schedule J  
Income Taxes Paid or Accrued (see instructions)  
Foreign Income Taxes  
Foreign Tax Credit Separate Categories  
(a)  
(b)  
(c)  
(d)  
(e)  
U.S. Dollar  
(f)  
Foreign  
Branch  
(g)  
Passive  
(h)  
General  
(i)  
Other  
Country or  
Possession  
Foreign Tax Year  
(YYYY-MM-DD)  
Foreign Currency  
Conversion  
Rate  
AA  
BB  
2023-11-30  
2023-03-31  
10u  
20v  
1.0000  
0.6666  
10  
30  
10  
30  
Totals  
40  
40  
For additional instructions on the reporting of foreign taxes  
for entities filing a Form 8858 that are owned by a foreign  
corporation, see the instructions for Form 5471, Schedule E.  
FDE or FB for which the tax owner is a CFP, check the box for  
CFPs and complete lines 1 through 21 using the headings in  
columns (a) through (e) of the CFP set of columns. If you are  
completing Schedule M (Form 8858) for an FDE or FB for  
which the tax owner is a CFC, check the box for CFCs and  
complete lines 1 through 21 using the headings in columns  
(a) through (f) of the CFC set of columns. If you are  
completing Schedule M (Form 8858) for an FDE or FB for  
which the tax owner is a U.S. person, check the box for U.S.  
Tax Owner and complete lines 1 through 21 using the  
headings in columns (a) through (e) of the U.S. Tax Owner  
set of columns.  
Column (e). For CFP- or CFC-owned FDEs or FBs, use  
column (e) to report transactions between the FDE or FB and  
any U.S. person with a 10% or more direct interest in the CFP  
or any 10% or more U.S. shareholder of any corporation  
controlling the CFC. If you are a category 1 filer of Form  
8865, or a category 4 filer of Form 5471, do not report  
transactions between yourself and the FDE or FB under  
column (e). Report the transactions only under column (b).  
U.S. tax owner. The following instructions for columns (b)  
through (e) apply only to an FDE or FB with a U.S. tax owner.  
Column (b). Use column (b) to report transactions  
between the FDE or FB with the U.S. person filing this return  
only if the U.S. person filing this return is other than the tax  
owner of the FDE or FB. If the U.S. person filing this return is  
the tax owner of the FDE or FB, do not enter any amounts in  
column (b).  
For purposes of column (i), enter foreign income taxes  
allocated and apportioned to a separate category of income  
not otherwise listed in column (f), (g), or (h). Identify the taxes  
with respect to each separate category of income. For  
example, if a foreign entity pays taxes to Country A that are  
allocated and apportioned to two separate categories of  
income, report the taxes allocated and apportioned to the  
first separate category on one line and the taxes allocated  
and apportioned to the other separate category on another  
line. For purposes of determining the applicable categories of  
income, see Categories of Income in the Instructions for  
Form 1118 or in the Instructions for Form 1116, as applicable.  
Schedule M (Form 8858)  
Important: In translating the amounts from functional  
currency to U.S. dollars, use the average exchange rate for  
the FDE’s or FB’s tax year. See section 989(b). Report the  
exchange rate in the entry space provided at the top of  
Schedule M (Form 8858) using the “divide-by convention”  
earlier.  
A Schedule M (Form 8858) must be filed with each Form  
8858 if the FDE or FB entered into any transaction with the  
filer of the Form 8858 or other related entities during the  
annual accounting period of the FDE or FB.  
Column (c). Use column (c) to report transactions  
between the FDE or FB with any domestic corporation or  
partnership controlled by the filer. Do not include any  
transactions between the FDE or FB with its direct U.S. tax  
owner that are treated as disregarded for U.S. tax purposes  
in column (c).  
Column (d). Use column (d) to report transactions  
between the FDE or FB with any foreign corporation  
(including its FBs or FDEs) controlling or controlled by the  
filer. This will include any transactions between the FDE or  
FB with any foreign corporation (including its FBs or FDEs)  
controlling or controlled by the FDE’s or FB’s U.S. tax owner,  
if the U.S. tax owner of the FDE or FB is not the U.S. person  
filing the return.  
Column (e). Use column (e) to report transactions  
between the FDE or FB with any foreign (including hybrid)  
partnerships (including its FBs or FDEs) controlling or  
controlled by the filer. This will include any transactions  
between the FDE or FB with any foreign (including hybrid)  
partnership (including its FBs or FDEs) controlling or  
controlled by the FDE’s or FB’s U.S. tax owner, if the U.S. tax  
owner of the FDE or FB is not the U.S. person filing the  
return.  
Every U.S. person that is required to file Schedule M  
(Form 8858) (see Who Must File, earlier) must file the  
schedule to report the transactions that occurred during the  
FDE’s or FB’s annual accounting period ending with or within  
the U.S. person's tax year.  
If a U.S. corporation is the U.S. person filing Schedule M  
(Form 8858) and is a member of a consolidated group, list  
the common parent as the U.S. person filing Schedule M  
(Form 8858).  
Reference ID number. A reference ID number for the FDE  
or FB identified on Schedule M (Form 8858) is required if no  
EIN is provided. However, filers are permitted to provide both  
an EIN and reference ID number. For more information on the  
reference ID number, see Line 1b(2)—Reference ID number,  
earlier.  
Column headings. There are three sets of column  
headings above lines 1 through 21. The first set of column  
headings is to be used in cases where the tax owner is a  
CFP. The second set of column headings is to be used in  
cases where the tax owner is a CFC. The third set of column  
headings is to be used in cases where the tax owner is a U.S.  
person. If you are completing Schedule M (Form 8858) for an  
11  
Instructions for Form 8858 (Rev. 12-2023)  
parties described in columns (b) through (f). Do not enter  
aggregate cash flows, year-end loan balances, average  
balances, or net balances. Do not include open account  
balances resulting from sales and purchases reported under  
other items listed on Schedule M (Form 8858) that arise and  
are collected in full in the ordinary course of business.  
Line 6. Report on line 6 dividends received by the FDE that  
were not previously taxed under subpart F in the current year  
or in any prior year.  
Lines 20 and 21. Report on lines 20 and 21 the largest  
outstanding balances during the year of gross amounts  
borrowed from, and gross amounts loaned to, the related  
Paperwork Reduction Act Notice. We ask for the information on this form to carry out the Internal Revenue laws of the  
United States. You are required to give us the information. We need it to ensure that you are complying with these laws and to  
allow us to figure and collect the right amount of tax.  
You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless  
the form displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as long as  
their contents may become material in the administration of any Internal Revenue law. Generally, tax returns and return  
information are confidential, as required by section 6103.  
The time needed to complete and file this form and related schedules will vary depending on individual circumstances. The  
estimated burden for individual taxpayers filing this form is approved under OMB control number 1545-1910 and is included in  
the estimates shown in the instructions for their individual income tax return. The estimated burden for all other taxpayers who  
file this form is shown below.  
Learning about the  
law or the form  
Preparing and sending  
the form to the IRS  
Form  
Recordkeeping  
25 hr., 49 min.  
24 hr., 9 min.  
8858  
4 hr., 46 min.  
6 min.  
5 hr., 24 min.  
30 min.  
Sch. M (Form 8858)  
If you have comments concerning the accuracy of these time estimates or suggestions for making this form and related  
schedules simpler, we would be happy to hear from you. See the instructions for the tax return with which this form is filed.  
12  
Instructions for Form 8858 (Rev. 12-2023)