Anyone have experience filing Form 8858 or 5471 as a dual status resident? Moved mid-year
I recently immigrated to the US in June and became a permanent resident. Now I'm trying to figure out how to handle my foreign LLC income for tax purposes. I started receiving income from my overseas business after I moved here, and I'm completely confused about how to approach the 8858 or 5471 forms. From what I understand, both Form 8858 and Form 5471 operate on a calendar year basis and eventually flow through to my 1040. But I'm stuck on how to properly complete these forms since I was only a US resident for part of the year. Do I only report the income received during my resident period? The instructions aren't clear on handling this dual status situation. Has anyone dealt with this before? My foreign LLC is still active, and I'm worried about compliance issues if I don't get this right. Any advice from someone who's navigated this would be really appreciated!
20 comments


Anastasia Kozlov
This is a tricky situation but definitely manageable. For dual status aliens (part-year residents), you generally only report worldwide income for the period you were a US resident. For Form 8858 (Foreign Disregarded Entities) or Form 5471 (Foreign Corporations), you should complete these forms for the entities' full tax year, but you'll need to make some adjustments. On Form 8858, you'll report the full year of entity activity, but on your 1040, you'll only include income from the date you became a US resident. Similarly, with Form 5471, you'll complete the full form but your actual tax liability only applies to the resident period. Make sure to include a statement with your return explaining your dual status and how you're apportioning the income. I'd recommend using a tax professional with international experience as the penalties for incorrect filing of these forms can be substantial.
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Sean Flanagan
•Thanks for the info! So if I understand right, I fill out the full 8858/5471 for the entire calendar year of the foreign entity, but then somehow prorate the income on my 1040? Is there a specific line or form for this proration or do I just attach an explanation?
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Anastasia Kozlov
•You'll complete the full forms 8858/5471 for the entire calendar year of the foreign entity - this gives the IRS a complete picture of the entity. For your 1040, you'll need to file a dual-status return which consists of Form 1040 for your resident period and Form 1040-NR for your nonresident period. On these forms, you'll only include the income received during each respective period. There isn't a specific line for proration, but you should include a statement explaining your calculation method. I recommend a day-count method where you allocate income based on the number of days you were a resident versus nonresident.
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Zara Mirza
After dealing with a similar situation last year, I found taxr.ai incredibly helpful for my international tax forms. I moved from Australia mid-year and had a foreign partnership that required Form 8865 filing. I was completely lost trying to figure out what income to report and when. I uploaded my foreign entity documents to https://taxr.ai and they analyzed everything, explaining exactly how to handle my dual-status year. They identified which income needed to be reported during my resident period and helped me understand how to complete the forms correctly. Their guidance on the statement required to explain my dual status situation was super clear too.
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NebulaNinja
•How does it work with documents that aren't in English? My LLC stuff is all in Spanish and I'm wondering if this would be an issue?
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Luca Russo
•I'm skeptical about these services. How exactly did they help with the dual status aspect? Did they actually give you specific instructions for completing the forms or just general advice?
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Zara Mirza
•The service can handle non-English documents pretty well. I had some documents in French (from a Canadian entity), and it processed them without any issues. They mention they support multiple languages, so Spanish should be fine. For the dual status situation, they provided specific line-by-line instructions. They broke down exactly which parts of my foreign income were taxable after my move date, provided calculations showing how to prorate amounts, and even generated the explanatory statement I needed to attach to my return. It wasn't just general advice - they gave me specific numbers and detailed steps for my exact situation.
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Luca Russo
I wanted to follow up about my experience with taxr.ai. After being skeptical, I decided to try it with my Form 8858 situation since I moved from Singapore to the US last year. I'm honestly impressed with how thorough it was. The system actually analyzed my Singapore company documents and generated specific instructions for my dual status situation. It explained exactly how to complete each section of Form 8858 while maintaining compliance with my partial year residency. Most importantly, it helped me draft the statement explaining my dual status and how I was allocating income between my non-resident and resident periods. The guidance was specific to my situation, not just generic advice. Definitely saved me from potential penalties and gave me confidence that I was filing correctly.
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Nia Wilson
If you're having trouble getting answers from the IRS about your 8858/5471 forms, I highly recommend using Claimyr. I spent weeks trying to reach someone at the IRS to ask about my dual status 5471 filing and kept hitting automated systems. Then I found https://claimyr.com and watched their demo at https://youtu.be/_kiP6q8DX5c. They got me connected to an actual IRS agent who specialized in international forms within about 15 minutes. The agent confirmed exactly how to handle my dual status filing and which sections of the forms needed special attention. Saved me weeks of anxiety and potentially incorrect filing.
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Mateo Sanchez
•How does this even work? The IRS phone system is impossible to navigate. Do they just keep calling until someone answers?
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Aisha Mahmood
•This sounds too good to be true. The IRS never answers their phones. Did you actually get specific advice about forms 8858/5471, or just general guidance? I'm dubious they have agents who understand these complex international forms.
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Nia Wilson
•They use a system that navigates the IRS phone tree and waits on hold for you. When an agent actually picks up, you get a call connecting you directly to that agent. It's not that they have a special line - they just handle the frustrating waiting part. I did get specific advice about Form 5471. The agent I spoke with was from the international tax division and was very familiar with dual status reporting requirements. They confirmed I needed to complete the form for the full year of the foreign corporation but only include income on my 1040 from the date I became a resident. They also explained exactly which statement to include with my return to document this treatment.
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Aisha Mahmood
I need to eat my words about Claimyr. After my skeptical comment, I tried it because I was desperate for help with my 8858 filing. Within 20 minutes I was actually speaking with an IRS representative who specialized in international filings. I couldn't believe it worked. The agent walked me through exactly how to handle the dual status aspect of my Form 8858. They confirmed I needed to report the full year of entity activities on the form but only include the portion of income earned during my US residency period on my 1040. They even explained the specific statement I needed to include with my return explaining the allocation. Totally worth it and saved me from making a mistake that could have triggered penalties.
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Ethan Clark
With dual status returns involving 8858/5471, make sure you're also aware of potential FBAR (FinCEN Form 114) and Form 8938 (FATCA) requirements for foreign accounts. These forms have different filing thresholds for part-year residents vs full-year residents.
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AstroAce
•Does the FBAR filing requirement kick in based on when you become a resident? Like if I only had 50K in foreign accounts but became a resident in November, do I still need to file FBAR for that year?
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Ethan Clark
•The FBAR filing requirement applies if you're a US person (including resident aliens) with foreign financial accounts that exceed $10,000 at any time during the calendar year. The timing of when you become a resident doesn't change the threshold amount. For Form 8938, the filing thresholds do depend on your residency status at the end of the year. If you're a resident alien on the last day of the tax year, the standard thresholds apply ($50,000 for single/$100,000 for married filing jointly). However, you only report assets for the period you were a US resident.
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Yuki Kobayashi
Anyone know which tax software can actually handle 8858 and 5471 properly for dual status aliens? I tried TurboTax and it's completely confused by my situation.
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Carmen Vega
•I had success with TaxAct Professional for my dual status return with Form 5471. Most consumer software struggles with these forms. You might need to go with a paid preparer who specializes in expat taxes.
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Sean Doyle
I went through this exact situation two years ago when I moved from the UK in August and had to deal with my foreign LLC income. The key thing to understand is that Forms 8858 and 5471 are information returns that report the full calendar year activity of your foreign entity, regardless of when you became a US resident. However, for your actual tax liability on Form 1040, you'll only include income from the date you became a US resident forward. So if you became a resident in June, you'd report income from June through December on your US return, even though the 8858/5471 covers the full year. The tricky part is the dual-status return filing. You'll need to file both Form 1040 (for your resident period) and Form 1040NR (for your non-resident period), with a clear statement explaining how you allocated the income. I recommend calculating this on a daily basis - if you received $60,000 total income and were a resident for 214 days out of 365, you'd report approximately $35,000 on your US return. Don't forget about the potential penalties for late filing of these forms - they can be substantial even if no tax is owed. If you're unsure about any aspect, definitely consult with a tax professional who has experience with international forms.
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Natalie Khan
•This is incredibly helpful! I'm in almost the exact same situation - moved from Canada in July and have been struggling with how to handle my foreign LLC. The daily proration method you mentioned makes a lot of sense. Quick question though - when you say "clear statement explaining how you allocated the income," did you just write up your own explanation or is there a specific format the IRS expects? I want to make sure I don't trigger any red flags with my filing.
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