On December 2, 2022, the IRS released revised instructions for the 2022 Schedules K-2 and K-3. Schedule K-2 reports items of international 税 relevance at the partnership level, while Schedule K-3 breaks down an individual’s share of global income, 抵减及其他扣减.
The most important changes included in these instructions relate to the domestic filing exceptions, which provide guidance on circumstances that would relieve filing requirements for the 2022 税 year.
The domestic filing exception has four requirements that must be met for an entity to opt out of filing Schedules K-2 and K-3: No (or limited) foreign activity; partners must fit certain parameters; partners must be notified of lack of filing; and no partners requested a K-2 and K-3.
在之前的说明书草稿中, there was a two-month deadline for partnerships to inform partners of the non-requirement to file Forms K-2 and K-3. 这个最后期限现在已被取消. Partnerships may provide this notice as late as the filing of the 2022 税 return (August 15, 2023, (适用于2022纳税年度). The notice may be provided as an attachment or statement with Schedule K-1. Partnerships that notify in this manner would still be exempt from filing if all other requirements are met.
The deadline for partners to request a K-3 filing has not been removed but has been altered. 以前, partners were required to request a K-3 up to one month before the filing date of the partnership’s Form 1065. If a partnership did not receive any requests and all other requirements were met, 适用国内申报例外. While this deadline has not been removed, it has been altered slightly.
如果伴侣及时提出要求, a partnership is required to provide Schedule K-3 for all partners. If a partner requests a Schedule K-3 after the one-month deadline has passed and no other request was received, a partnership is not required to file the 2022 Schedules K-2 and K-3 but is required to provide a K-3 to the requesting partner, either by the date of filing or within one month of such request, 以较晚的为准.
The updated instructions also provide required criteria for qualifying direct partners.
直接合作伙伴现在仅限于:
- U.S. 公民
- 居民的外星人
- 家庭继承人的遗产
- 国内设保人和非设保人信托
- S Corporations with a sole shareholder; and
- 单一成员有限责任公司
Any partnerships with a second-tier partnership as a partner do not currently qualify under the domestic filing exception. If you have any questions about your filing requirements, the 税 group at bet9游戏平台 is available to assist.
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