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Section 1446 of the Internal Revenue Code: Foreign Partners

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Section 1446 of the Internal Revenue Code: Foreign Partners

Drenen Financial Services is your trusted partner for navigating tax complexities like Section 1446 Foreign Partners of the Internal Revenue Code. Call us at 413-569-0015 or email office@drenenfs.com to schedule an appointment, and visit drenenfs.com for more information.

What is Section 1446 of the Internal Revenue Code?

Section 1446 of the Internal Revenue Code (IRC) requires partnerships to withhold tax on foreign partners’ effectively connected taxable income (ECTI). In essence, partnerships must determine each foreign partner’s share of ECTI and withhold taxes accordingly. The IRS provides detailed guidelines on this in Publication 515.

How Does Section 1446 Affect Foreign Partners?

Firstly, Section 1446 affects foreign partners by mandating that partnerships withhold taxes on their share of ECTI. Consequently, foreign partners may face withholding taxes at the following rates:

  • Foreign Corporations: 21% for corporate partners
  • Nonresident Aliens: 37% for individual partners

However, these rates can vary based on specific circumstances, such as tax treaties. To clarify, learn more about the exact rates and regulations on the IRS’s page for foreign partnerships.

When Should Partnerships Pay the Withholding Tax?

Importantly, partnerships need to make quarterly tax payments for Section 1446 withholding. In particular, the payment deadlines align with estimated tax payments:

  1. April 15: First-quarter payment
  2. June 15: Second-quarter payment
  3. September 15: Third-quarter payment
  4. December 15: Fourth-quarter payment

For more details on these deadlines, refer to the IRS’s Instructions for Form 8804 and Form 8805.

Drenen Financial Services Can Help

At Drenen Financial Services, we simplify the complexities of Section 1446 compliance for partnerships and foreign partners alike.

Our Services Include:

  • Tax Preparation and Filing: Firstly, we ensure accurate tax returns and withholding tax payments.
  • Tax Planning and Advisory: Moreover, we offer personalized advice to minimize your tax liability.
  • IRS Audit Assistance: We’ll represent you in case of an IRS audit or inquiry.

Take Action Today

Call Drenen Financial Services at 413-569-0015 or email office@drenenfs.com to schedule an appointment, and visit drenenfs.com for more information. Ultimately, let us guide you through Section 1446 compliance efficiently and effectively.

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