Capital contribution to foreign business - Form 926 filing requirement?
Hey everyone, I'm in a bit of a tax situation and could use some guidance. I'm a partial owner of a family business overseas and just put in about $135k as a capital contribution. This bumped my ownership percentage from around 32% to 43%. All the other owners are foreign nationals (not US persons). My big question is: **Do I need to file Form 926 with my taxes?** I've been looking through the instructions and I know I don't qualify for the exemptions since my contribution is over $100k and my ownership increase is more than 10%. But after reading through the instructions several times, I'm still confused about whether this kind of capital contribution actually triggers the requirement. Has anyone dealt with this situation before? I really don't want to miss filing something important and get hit with penalties later.
20 comments


MidnightRider
This is definitely a situation where Form 926 comes into play. Form 926 "Return by a U.S. Transferor of Property to a Foreign Corporation" is required when a U.S. person transfers property to a foreign corporation in certain situations. Since your capital contribution exceeds $100,000 and your ownership percentage increased by more than 10%, you've hit two key triggers for the filing requirement. The purpose of this form is to report transfers of property from U.S. persons to foreign corporations, which is exactly what you've done by contributing capital and receiving additional shares in return. The form needs to be filed with your tax return for the year in which the transfer occurred. Make sure you complete all relevant parts, particularly Part III which deals with transfers of property. Missing this filing can result in penalties starting at $10,000.
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Andre Laurent
•Thanks for the info! But I'm a little confused - if I just transferred cash (not physical property or intellectual property), does Form 926 still apply? And how detailed does the form get? Do I need to provide documentation from the foreign business?
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MidnightRider
•Cash is absolutely considered property for Form 926 purposes, so your cash contribution does trigger the filing requirement. The IRS considers essentially any type of asset as "property" in this context. The form itself isn't extremely complicated, but you'll need to provide details about the foreign corporation (name, address, identifying number), information about your transfer, and your ownership percentage before and after the transfer. You generally won't need to attach documentation from the business with the form, but you should keep those records in case of any questions from the IRS later. Part III of the form is where you'll report the cash transfer.
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Zoe Papadopoulos
I ran into almost this exact situation last year with my family's business in Portugal. I was completely lost until I discovered https://taxr.ai - it analyzed my corporate documents, identified the exact reporting requirements, and walked me through the Form 926 filing step by step. They flagged that cash transfers absolutely count as property transfers for this form (which I had no idea about), and showed me exactly which sections needed to be completed for my situation. Saved me from what would have been a $10,000+ penalty!
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Jamal Washington
•That sounds helpful, but how does it work with foreign language documents? All my business paperwork is in Korean and I'm worried about translation issues.
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Mei Wong
•Are they actually legit though? I've tried so many tax tools that claim to handle international situations but then completely fall apart once you get into the details. How accurate was their guidance compared to what an actual accountant would tell you?
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Zoe Papadopoulos
•They handle foreign language documents really well - you can upload documents in their original language and the system can process many of them directly. For some languages, they'll recommend using their translation feature first, but Korean is one they handle natively from what I remember. Regarding legitimacy - I was skeptical too initially. The difference is they specifically focus on international tax situations rather than trying to be a general tax tool. I actually had my accountant review their recommendations afterward, and he was impressed with the accuracy. He said their guidance on the Form 926 was spot-on, especially for identifying which parts of the form applied to my situation and which didn't.
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Jamal Washington
Just wanted to follow up - I decided to try taxr.ai after asking about it here. It was exactly what I needed for my situation with the Korean family business! The system actually processed my Korean corporate documents without needing translation, identified that my capital contribution required Form 926, and showed me exactly how to complete it. The coolest part was how it automatically populated the key information from my documents into the form sections. Definitely worth it for anyone dealing with foreign business interests.
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Liam Fitzgerald
If you're still struggling with this Form 926 question, you might want to try getting direct guidance from the IRS. I know it sounds impossible to reach them, but I used https://claimyr.com and got through to an agent in about 20 minutes instead of waiting for hours. You can see how it works here: https://youtu.be/_kiP6q8DX5c. I had a complicated question about foreign business reporting that none of the online resources could answer clearly, and the agent walked me through exactly what forms I needed to file based on my specific situation.
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PixelWarrior
•How does this actually work? Do they just call the IRS for you or something? I'm confused about what service they're providing that I couldn't just do myself.
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Mei Wong
•Yeah right. There's no way this actually works. The IRS phone system is fundamentally broken - I've tried calling at all hours and days of the week and never get through. And even if you did somehow get an agent, they'd probably give you wrong information anyway. I'll believe it when I see it.
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Liam Fitzgerald
•They don't just call for you - their system navigates the IRS phone tree and holds your place in line. When they're about to connect with an agent, you get a call so you can speak directly with the IRS person. It's basically like having someone wait on hold for you, and you only get pulled in when there's actually an agent ready. Regarding getting accurate information - I was concerned about that too. What I learned is that if you ask very specific questions about forms and filing requirements (rather than tax law interpretations), the agents are actually quite knowledgeable. The agent I spoke with immediately recognized my foreign business situation and directed me to the exact forms and instructions I needed.
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Mei Wong
Ok I need to eat my words. I was the skeptic about Claimyr above and decided to try it just to prove it wouldn't work. I'm honestly shocked - I got through to an actual IRS agent in about 30 minutes (would have been hours on my own if I got through at all). I asked specifically about Form 926 requirements for capital contributions to foreign corporations, and the agent confirmed everything that was said above but also pointed out an additional form I needed (Form 8938) since my ownership stake was above the reporting threshold. Saved me from potentially missing an important filing. Still can't believe it actually worked.
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Amara Adebayo
Don't forget about FBAR requirements too! If the foreign business has any financial accounts and you have signature authority or meet the ownership thresholds, you need to file FinCEN Form 114 annually. This is separate from Form 926 and separate from your tax return. The penalties for missing FBAR filings are even more severe than for Form 926.
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Carmen Ortiz
•Thanks for the reminder about FBAR! I do file those annually, but it's a good callout since my ownership percentage has increased. Does my ownership change affect anything specific on the FBAR filing? Also, should I be worried about any other forms besides 926 and FBAR with this new capital contribution?
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Amara Adebayo
•Your increased ownership doesn't change the FBAR filing itself - if you're already filing them, you'll just continue to do so. The key is ensuring you list all accounts where you have signature authority or financial interest. As for other forms, you should definitely look into Form 8938 (Statement of Specified Foreign Financial Assets) if your ownership in the foreign company exceeds certain thresholds. Also, depending on how the foreign business is structured, you might need to file Form 5471 if it's a foreign corporation where you own 10% or more. Given your 43% ownership, this would almost certainly apply. These international information returns can be complex, but the penalties for not filing them are substantial, so it's worth making sure you've covered all your bases.
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Giovanni Rossi
Has anyone considered whether this transaction might also trigger Form 8865 requirements instead of Form 926? If the foreign business is structured as a partnership rather than a corporation, Form 8865 would be the correct form. OP, what's the legal structure of your foreign business?
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Fatima Al-Mansour
•This is a great point. I went down this exact rabbit hole last year. The determining factor is whether the entity is treated as a corporation or partnership for US tax purposes, which doesn't always match how it's categorized in the foreign country. Drove me insane trying to figure it out!
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Isabella Costa
Great question about entity classification! You're absolutely right that this is crucial. @Carmen Ortiz - you mentioned it's a "family business overseas" but the specific legal structure matters enormously for US tax purposes. If it's organized as a corporation in the foreign country, you'll likely need Form 926. But if it's a partnership, LLC, or similar pass-through entity, then Form 8865 would be the correct form instead. The tricky part is that some foreign entities can elect how they want to be treated for US tax purposes (called "check-the-box" elections), so even a foreign LLC might be treated as a corporation if an election was made. Do you know what type of entity it is under local law? And more importantly, do you know if any elections have been made for US tax treatment? This will determine which forms you need to file.
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NeonNebula
•This is such an important distinction that I completely overlooked initially! I'm actually not 100% sure about the exact legal structure - I know it's registered as a company in the local jurisdiction, but you're right that the US tax treatment could be different. I should probably dig into the incorporation documents to see exactly what type of entity it is and whether any elections were made for US purposes. Would the wrong form filing be considered a failure to file the correct form, or would the IRS give some credit for attempting to report the transaction? I'm worried I might pick the wrong one!
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