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Help! Confused about Form 5471, Line C - which constructive ownership definition applies? Code 6046 vs 958

I recently acquired shares in a small foreign company and now I'm confused about Form 5471 filing requirements. My non-US brother owns about 51% of the company, while I only own about 6%. I understand I'm a Category 3 filer because my brother's stock is attributed to me under ยง6046 attribution rules. The company isn't a CFC. I've been digging through ยง958, ยง6046, regulations 1.6046-1, and the instructions for Form 5471, but they seem inconsistent. For instance, Schedule O appears to exist because of 6046/1.6046-1, so logically I should use rules from ยง6046 to report the acquisition. However, the instructions for 5471 Schedule O state I need to use ยง958 rules for indirect and constructive ownership. Another confusing thing: The instructions say I don't need to duplicate information if my filing requirement comes from being a multiple category filer. Logically, the process for completing a particular section shouldn't depend on which category filer I am. For example, if someone is both a Category 3 and Category 4 filer with a foreign sibling owning shares, Category 4 filers should use ยง958 constructive ownership definition, while Category 3 filers probably need to use ยง6046. But that results in different values on Form 5471 Line 3, Schedule B(I), and potentially Schedule O, which contradicts the non-duplication principle. It seems reasonable to use common rules (probably ยง958) while using category-dependent rules to determine the filing requirement. Can anyone confirm this approach or tell me where I'm going wrong? I've already completed all the Category 3 schedules with help from a foreign accountant familiar with US GAAP, but these questions are still unresolved.

AstroAce

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You're absolutely right about the confusion between ยง6046 and ยง958 - I went through this exact same issue last year. The key insight that helped me was understanding that these serve completely different purposes in the Form 5471 process. ยง6046 attribution rules (including sibling attribution) determine WHETHER you need to file as a Category 3 filer. But once you've established that filing requirement, you switch to ยง958 rules for completing the actual form content. For your Line C reporting, since you only own 6% directly and your brother's 51% isn't attributed to you under ยง958 (no sibling attribution), you'd report just your 6% ownership. This same principle applies throughout most of the schedules. The apparent inconsistency you noticed is intentional - the IRS uses broader attribution rules to cast a wide net for filing requirements, but then uses narrower economic ownership rules for the actual reporting. It's confusing but makes sense once you understand the distinction. One thing to double-check: make sure you're not also a Category 5 filer, though with only 6% direct ownership and no ยง958 attribution from your brother, you should be under the 10% threshold.

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Mia Rodriguez

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This is exactly the clarity I needed! Thank you for breaking down the distinction so clearly. I was getting caught up thinking there had to be one consistent set of rules throughout the entire process, but understanding that ยง6046 is for WHO files and ยง958 is for WHAT gets reported makes perfect sense. You're right about Category 5 - with only 6% direct ownership and no sibling attribution under ยง958, I'm definitely under the 10% threshold. I appreciate you mentioning that double-check since it's easy to overlook when you're focused on the Category 3 requirements. The "wide net for filing, narrow rules for reporting" explanation really helps contextualize why the IRS structured it this way. It ensures they capture all the situations where there might be significant influence or control (through broader family attribution) but then reports the actual economic ownership reality.

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Javier Torres

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This is a really helpful discussion! I've been dealing with a similar situation where I own 8% of a foreign corporation and my sister owns 45%. Reading through all these responses, I finally understand the key distinction that was confusing me too. Just to confirm my understanding: I use ยง6046 attribution rules to determine I'm a Category 3 filer (because my sister's ownership gets attributed to me, putting me over the threshold), but then when I actually fill out Form 5471 and its schedules, I use ยง958 rules which don't include sibling attribution. So on Line C, I'd only report my direct 8% ownership. One follow-up question - does this same logic apply to Schedule M (Foreign Corporation's Current and Accumulated Earnings and Profits)? I'm assuming yes, but want to make sure there aren't any special exceptions for that particular schedule that would require me to go back to ยง6046 attribution rules. The penalties for getting Form 5471 wrong are steep enough that I want to be absolutely certain before filing. Thanks everyone for sharing your experiences and clarifications!

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Zara Malik

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Yes, you've got the logic exactly right! You use ยง6046 attribution to establish your Category 3 filing requirement (sister's 45% gets attributed to you), but then switch to ยง958 rules for completing the actual form content, including Line C where you'd report just your direct 8%. For Schedule M specifically, you're correct that the same logic applies. Schedule M uses ยง958 attribution rules for determining ownership percentages when calculating your share of earnings and profits. This maintains consistency with the rest of the form's reporting approach. The key thing to remember is that once you've established your filing obligation using ยง6046, pretty much everything on the actual form and schedules follows ยง958 rules unless specifically noted otherwise in the instructions. I haven't encountered any exceptions for Schedule M that would require reverting back to ยง6046 attribution. Given the steep penalties you mentioned, it might be worth having a CPA with international tax experience review your completed form before filing, especially since this is such a commonly misunderstood area of the tax code.

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Omar Zaki

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Quick question - if I set up my withholding to cover next year's taxes but already have the penalty this year, can I get the current penalty reduced or is it too late once you file?

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AstroAce

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It's too late to avoid the penalty for 2023 by adjusting your withholding now. The underpayment penalty is calculated based on what you paid during the specific tax year. However, you can still potentially reduce it using the methods mentioned above (annualized income method, checking for exceptions, etc.). The good news is you're thinking ahead for 2024! Adjusting your withholding now will help prevent this issue next year. You might want to use the IRS Tax Withholding Estimator on their website to make sure you're withholding enough, especially if you expect more CD interest or other non-wage income this year.

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Savannah Glover

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I went through almost the exact same situation last year with CDs maturing unexpectedly! Here's what worked for me in TurboTax: 1. Definitely try the annualized income method as others mentioned - search for "Form 2210" in TurboTax and look for the checkbox to "use annualized income installment method." You'll need to break down when you received the CD interest by quarter. 2. Double-check the safe harbor rule. If your total withholding plus estimated payments equal at least 100% of last year's total tax (110% if your prior year AGI was over $150K), you should qualify even if it's less than 90% of this year's tax. 3. One thing I discovered - make sure TurboTax isn't double-counting any estimated payments you might have made. I had made one small estimated payment mid-year that I forgot about, and initially TurboTax missed it. 4. Also check if any of your CDs had tax withheld at the source - sometimes banks withhold federal tax on interest payments, which should count toward your payments for the year. The annualized method ended up reducing my penalty from about $600 to under $100. It's worth the extra effort to fill out those quarterly breakdowns!

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William Rivera

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Anyone know if the 2025 tax law changes will affect this at all? I heard some suspended deductions are coming back.

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Emily Sanjay

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You're right! The current law has the TCJA provisions sunsetting after 2025, which means miscellaneous itemized deductions subject to the 2% AGI floor are scheduled to return in 2026. If that happens, employees might once again be able to deduct unreimbursed employee business expenses, including certain legal fees related to their employment. Of course, Congress could always extend the current rules or make other changes before then, so it's something to keep an eye on as we get closer to that date.

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NebulaNomad

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I went through something very similar last year and ended up working with a tax attorney who specializes in employment-related legal expenses. One thing that really helped my case was documenting exactly how the harassment was impacting my work performance and income potential. The key distinction the attorney explained is whether the legal fees were incurred to protect your ability to earn income versus just for personal protection. In my case, I had to show that the restraining order was necessary to maintain my employment and earning capacity, not just for general safety. We ended up being able to deduct about 60% of the legal fees on my California return by arguing they were directly related to income production. The documentation was crucial - I had emails showing how the harassment was affecting my work, performance reviews that mentioned the impact, and even some lost client interactions due to the situation. Worth noting that California's rules are more favorable than federal right now, so definitely explore both angles if you're in CA. The investment in getting proper tax advice paid for itself in my case.

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If your return was accepted but now says "we may need more information," check if you claimed any of these credits, as they often trigger additional review: - Earned Income Tax Credit - Child Tax Credit - American Opportunity Credit - Premium Tax Credit (for health insurance) My return was held up last year because of EITC verification. Took almost 8 weeks total but eventually processed without me needing to do anything.

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Luis Johnson

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I work for a tax prep company, and EITC claims are getting extra scrutiny this year. The IRS is definitely taking longer on refunds involving credits. We're seeing average wait times of 5-6 weeks for returns with credits compared to 2-3 weeks for simpler returns.

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Thanks for confirming. That's good info to share with clients. Has the PATH Act hold been extended this year? Previously they wouldn't issue EITC refunds before Feb 15, but not sure if that's still the case.

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I'm going through almost the exact same situation! Filed through FreeTaxUSA about 5 weeks ago, got the initial acceptance, then that dreaded "we may need more information" message appeared. Haven't received any mail yet either. Reading through these comments has been incredibly helpful - I had no idea about the identity verification delays when switching from a professional preparer to self-filing. That's probably exactly what's happening since we used H&R Block last year. The 21-30 day processing time Brandon mentioned gives me some peace of mind that we're still within normal range, even if it feels like forever when you're counting on that refund. Going to check out that Treasury Offset Program number Axel mentioned just to rule out any debt issues, and might try the taxr.ai tool if we don't hear anything in another week or two. Thanks everyone for sharing your experiences - makes me feel a lot less alone in this waiting game!

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Monique Byrd

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Does anyone know if Robinhood gives you any warning when you're buying an MLP? I feel like they should tell you that you're buying something that's going to complicate your taxes before you purchase it.

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Jackie Martinez

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They don't. I learned this the hard way too. Robinhood just shows stocks and doesn't distinguish which ones are MLPs vs regular corporations. You can usually spot them because they often have "LP" in their name (like "XYZ Pipeline LP") but if you're new to investing you wouldn't know what that means.

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Freya Larsen

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I had this exact same situation happen to me! Bought what I thought were regular oil stocks on Robinhood and got blindsided by K-1 forms. Here's what I wish someone had told me from the start: 1. Yes, select "Partnership/LLC" in TurboTax - that's correct for the 1065 K-1 you received 2. MLPs (Master Limited Partnerships) are common in the oil/pipeline sector and they're taxed differently than regular stocks 3. Keep ALL your K-1 forms - you'll need them when you sell because the tax basis gets adjusted each year One tip that saved me a lot of headache: if the amounts are small (like under $1000 in income), the multi-state filing requirements others mentioned usually don't apply. TurboTax will calculate this automatically. Also, consider moving these investments to an IRA if you plan to keep them long-term. MLPs in retirement accounts avoid the K-1 hassle entirely (though there are some other considerations with UBTI if the amounts get large). Don't feel bad about not knowing - Robinhood really should warn people about this before purchase!

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Alexis Renard

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Thank you so much for this breakdown! This is exactly what I needed to hear. The IRA tip is really helpful - I had no idea you could avoid the K-1 mess that way. My amounts are pretty small (under $500 total) so hopefully I won't have to deal with the multi-state filing nightmare everyone's talking about. I'm definitely going to be more careful about what I'm buying on Robinhood from now on. Lesson learned the hard way! Really wish these apps would put some kind of warning when you're about to buy something that will complicate your taxes.

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