Withholding & Tax TreatiesAnswered

Does Section 1446 partner withholding apply to my foreign-owned multi-member LLC in 2026?

L9
luca_9c03new member
April 5, 2026 298 views 1 answer
Section 1446Form 8804Form 8805MMLLCtax year 2026foreign partner

I have a U.S. multi-member LLC taxed as a partnership. Two of the three partners are foreign. Does Section 1446 withholding apply to us for tax year 2026?

Related Questions

WithholdingAnswered

Does Section 1446 still apply if my partnership made no distributions to foreign partners in 2026?

We're profitable but reinvesting everything. No cash distributions to any partner this year. Does Section 1446 still hit us for 2026?

AC
andrea_c2e0·Apr 13, 2026
2261
WithholdingAnswered

What is IRC 1446 withholding on foreign partners and why is the U.S. partnership withholding from my share?

I'm a German citizen who is a 40% partner in a U.S. LLC taxed as a partnership. The partnership operates a restaurant in New York. The managing partner told me the partnership has to withhold tax from...

HD
hans_de_3e6f·Mar 30, 2023
1,1231
WithholdingAnsweredFeatured

What is Section 1446 withholding and how does it apply to foreign LLC members?

I am a foreign partner in a multi-member LLC that is treated as a partnership for U.S. tax purposes. I was told that the LLC must withhold tax on my share of the partnership's effectively connected in...

C2
carlos_27c1·Jul 13, 2020
1,7501
WithholdingAnswered

Two of my LLC partners are foreign — what's the §1446 withholding cycle and which forms do we file?

Our U.S. LLC is taxed as a partnership and has four partners: two U.S. citizens, one Brazilian individual, and a German GmbH. We allocated $180,000 of effectively connected taxable income to the Brazi...

D6
daria_6a55·May 10, 2026
01
WithholdingAnswered

When does the foreign partner have to receive Form 8805 in 2026?

I have a foreign partner. When do I have to give them their Form 8805 copy for tax year 2025 (filed in 2026)?

E5
eduard_59bc·Apr 25, 2026
1451
WithholdingAnswered

Can Form 8805 be required even if no Section 1446 tax was paid for that partner in 2026?

We had a foreign partner but no tax was actually paid on their behalf — is Form 8805 still required for 2026?

AC
adelina_c569·Apr 26, 2026
1211
WithholdingAnsweredFeatured

Our partnership retained all profits for growth. Do we still owe section 1446 withholding for the foreign partners?

We have a U.S. trade or business through the partnership, but we reinvested everything and made no distributions this year. Because no cash went out to partners, one founder keeps arguing there cannot...

E7
elif_7cf9·Nov 15, 2025
2,1371
WithholdingAnswered

Does Form 7004 extend my Section 1446 payment deadline in 2026?

We filed Form 7004 to extend our partnership return. Does that also push out the Section 1446 withholding payment deadline for 2026?

TB
tobias_b705·Apr 16, 2026
1981
WithholdingAnswered

Do I file Forms 8804 and 8805 together with Form 1065 in 2026?

My partnership files Form 1065 every year. Are Forms 8804 and 8805 attached to the 1065, or do they go separately for 2026?

C5
catalina_5af3·Apr 23, 2026
1561
WithholdingAnswered

Can the partnership rely on a W-8 or W-9 to determine if a partner is foreign for 2026 Section 1446?

Our partner onboarding collects W-8s and W-9s. Is that enough for the partnership to decide who's foreign for Section 1446 withholding in 2026?

HC
henrique_cfe1·Apr 21, 2026
1451

Have a similar question?

ForeignLLCTax members get expert answers with IRS citations. One CPA consultation costs $200+. Full access is $9.99/month.

Become a Member — $9.99/mo

Disclaimer: All content on ForeignLLCTax.com is created by a tax professional and is provided for general educational and informational purposes only. It does not constitute tax, legal, or accounting advice, and should not be relied upon as such. Every tax situation is different — for advice specific to your circumstances, please consult a licensed CPA, Enrolled Agent, or tax attorney. By using this website, purchasing a subscription, or accessing any tools or services, you acknowledge that no client-professional relationship is established between you and ForeignLLCTax.com or its operators. This website is not affiliated with the IRS.

Watch the walkthroughs