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What Is irs form 982?

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FAQ - Form 982

What is the purpose of Form 982?
Form 982 is a “returns by foreign investment company” that is filed by an investment company that is established outside the U.S. and that has a substantial U.S. branch, office, or other place of business within the United States. An investment company may qualify as a foreign company if it has an office or place of business in the United States and is engaged (or would be engaged) in the business of investing in U.S. securities. The definition of “substantial U.S. branch” varies depending on the country of the business: For a U.S. “pass-through” (passive) foreign company, a branch can be “substantial” only if it is more than a 10% share interest in the business entity. For a United States “pass-through” (active) company, a branch can be sufficient if it is more than 20% (or more than 50% for a “pass-through” in Puerto Rico) of the business entity's gross revenues. For a U.S. “pass-through” (active) company, the branch may be also considered substantial if it is more than 20% (or more than 50% for a “pass-through” in Puerto Rico) of the business entity's gross assets. Form 982 provides a listing of a foreign business entity's income, deductions, and credits and a list of certain assets of the business. The information provided on Form 982 may be very similar to that on Form 5471, the annual income tax return, except the following information is not included: the annual income of the business entity any amounts paid by the business entity to a U.S.-person the amount of the investment in U.S. securities the amount of a company's interest in a partnership the gross income of the partnership the gross income of any shareholder the gross income of any other business entity or an affiliated entity the gross receipts of the business the gross receipts of any shareholder, in the aggregate The amount of any payment made to a partnership or other entity or for an interest. If a foreign business entity does not qualify as a “pass-through” business and does not pay taxes in the United States, it may be a permanent establishment. In such a case, Form 982 is not required and therefore the information provided can be ignored.
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