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Tax.appeal.168
Tax.appeal.168, Tax Accountant
Category: Tax
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Experience:  Nearly 30 years of varied tax industry exp. Tax Biz owner
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My company did some work in Ireland and trying to recover the

Resolved Question:

My company did some work in Ireland and trying to recover the VAT tax. We have all the required paper work filled out but I need to fill out form 8802. My question is how to fill out the form as I am a S-corp and the owner and only shareholder. It would seem that I would fill out the form 8802 with my personal name and SS# XXXXX receive a certificate of residency in that name but all of the reimbursement claims and expenses are in the company name.
Submitted: 2 years ago.
Category: Tax
Expert:  Tax.appeal.168 replied 2 years ago.
Hello, THANK YOU for choosing Just Answer. My goal is to help make your life...a little...LESS taxing.

You would complete the Form 8802 using the S corps information (Name/Tax I.d. #, etc.). For item 4F, you would check the S Corp. box. However as S corporations are not considered U.S. residents within the meaning of the residence article of U.S. income tax treaties, you need to include the following with the Form 8802;

1. Your name and TIN and any other additional information that would be required.

2. Authorization (Form 8821). The authorization must explicitly allow the third party requester to receive your tax information and must not address any matters other than federal tax matters.

Link to Form 8821:

http://www.irs.gov/pub/irs-pdf/f8821.pdf

---------------------------------------------------

You can refer to the instructions for Form 8802 (page 7) at the following:

http://www.irs.gov/pub/irs-pdf/i8802.pdf





Customer: replied 2 years ago.

Thanks,
I had read all of that in the IRS instructions but I am still unclear as to how do I include
(1. Your name and TIN and any other additional information that would be required.) in form 8802.

Is this how form 8802 should be filled out?)

-Applicant’s name (Company Info and company ein)
1) -leave blank
2) -company address
3a) -company name and mailing address
3b) -leave blank
4) -f check box
5) -check box 1040
6) -leave blank
7) -enter 2011
8) -enter 201012
9) -check box VAT (do I need to include the naics code?)
10) -do I enter ([Insert name of shareholder and TIN] is a U.S. resident and will continue to be throughout the current tax year, and [Insert name of S corporation and EIN] has filed its required return and the entity classification has not changed since the return was filed.)

Why do I need to fill out form 8821? Who am I releasing the info to, I am the sole owner/shareholder.

How will form 6166 appear, will it have both the company name and my personal info included?
Expert:  Tax.appeal.168 replied 2 years ago.
Hello again,

Applicant's name (Company name, company ein) -- correct
1) Correct
2) company address (correct)
3a) correct
3b) correct
4) check S corp box - correct
5) This is for an S corp, not an individual return. Select 1120s
6) correct
7) correct
8) If these are the applicable years -- correct
9) Yes, you would need the NAICS codes
10) correct, you will enter your name and TIN, and if the information that you wrote is true and correct, yes, that information can be provided here as well.

I will check into why you need to complete the Form 8821 and what information will appear on the 6166 and get back to you.

Thank you.
Expert:  Tax.appeal.168 replied 2 years ago.
As you are probably aware, the Form 8821 is a Tax Information Authorization for which allows a 3rd party to discuss tax matters pertaining to a certain year or years listed on the form. It appears to me that the form 8821 is required because many U.S. treaty partners require the IRS to certify that the person claiming treaty benefits is a resident of the U.S. for federal tax purposes. Ireland tax office is going to want to verify your residency, in order for them to do that, they would have to inquire about your federal tax matters for the years listed on the form, which makes them the 3rd party.

As for the Form 6166, my understanding is that it will reflect that the entity (S-corp, when required, filed an information return and that you filed income tax returns as residents of the U.S. It appears that the form will show information for the S Corp, as well as your information as an individual.
Customer: replied 2 years ago.
ok so my last question.
Form 8821
1) My name and address, SS# XXXXX number, and companies EIN#
2) blank
3) blank
4) do not check
5) check "b"
6) do not check


Thanks for your help,
Expert:  Tax.appeal.168 replied 2 years ago.
1) My name and address, SS# XXXXX number, and companies EIN#
A: Company name, address, and E.I.N. (per instructions). Though it doesn't state this in the instructions for the Form 8802, it may be wise to complete two 8821s., One for the business and one for you personally.

2) blank
A: correct--write N/A in big letters across the section

3) blank
A: correct --write N/A in big letters across the section

4) do not check
A: correct

5) check "b"
A: correct

6)do not check
A: correct
Tax.appeal.168, Tax Accountant
Category: Tax
Satisfied Customers: 2562
Experience: Nearly 30 years of varied tax industry exp. Tax Biz owner
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