Withholding & Tax TreatiesAnswered

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

HC
henrique_cfe1new member
April 21, 2026 145 views 1 answer
Section 1446Form W-8Form W-9partner certificationtax year 2026

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?

Related Questions

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
WithholdingAnswered

A new partner never gave us their foreign-status certificate. Can we just treat them as foreign and over-withhold to be safe?

We admitted a new investor to our partnership and onboarding got messy. We know the person is foreign in a practical sense, but the actual withholding file is incomplete because we never received the ...

J2
jelena_22c2·Nov 19, 2025
1,5381
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
WithholdingAnsweredFeatured

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

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?

L9
luca_9c03·Apr 5, 2026
2981
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

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

Do I withhold and issue Form 1042-S if my foreign contractor worked entirely outside the U.S. in 2026?

I hired a contractor in Ukraine to do all the work remotely. They never came to the U.S. Does my LLC still need to issue them a Form 1042-S and withhold 30%?

O0
olena_087a·Apr 11, 2026
5211
WithholdingAnswered

A foreign partner is selling their interest to a new investor. Who actually handles the 10% withholding under section 1446(f)?

We have a foreign partner exiting and a new buyer stepping in. The transaction is being handled like a standard ownership transfer, but one adviser raised section 1446(f) and said someone may need to ...

MD
marta_d269·Nov 17, 2025
1,8341
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

A foreign partner says they have losses elsewhere and wants us to reduce 1446 withholding using Form 8804-C. Are we required to accept it?

One of our foreign partners has other U.S. items that they say will offset their share of our effectively connected taxable income, and they sent us Form 8804-C to reduce the partnership-level withhol...

SA
sinem_a689·Nov 16, 2025
1,5881

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