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Oliver Wagner

Has anyone filed Form 8858 or 5471 as a dual status resident with foreign LLC income?

I moved to the US in the middle of this year and got my green card. Since becoming a permanent resident, I've been receiving income from a foreign LLC I own back home. Now I'm trying to figure out how to handle tax forms 8858 and 5471 for my situation. The problem is these forms seem to cover the entire calendar year, but I was only a US resident for part of the year. When I look at how they connect to Form 1040, I'm confused about how to properly complete the 8858/5471 forms for just the portion of the year I've been a US resident. Has anyone dealt with a similar situation? Any advice on how to handle foreign entity income reporting for partial year residency would be incredibly helpful. I'm especially confused about which dates to use and how to indicate I wasn't a US resident for the full reporting period.

This is a tricky situation that comes up more often than you'd think. For dual-status tax years with foreign entities, you generally only report the foreign entity income for the portion of the year you were a US resident. For Form 8858 (foreign disregarded entities), you'll need to complete the form but include a statement that clarifies you were a dual-status alien and only include income/transactions from the date you became a US resident. Similarly for Form 5471 (foreign corporations), you'll report based on your period of US residency. The key is to attach a clear statement to your return explaining your dual-status situation and that the information reported only covers your US residency period. You should also include the specific dates of your residency change on the statement.

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Oliver Wagner

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Thanks for your response! So to be clear, I'm still filling out these forms for the entire calendar year, but only including income/transactions from my resident period? And then just adding an explanatory statement? Also, would there be any issues if my foreign LLC has a different fiscal year than the calendar year?

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You'll still use the forms for the calendar year, but you'll only report the income and transactions that occurred during your period of US residency. The attached statement makes it clear why you're only reporting partial year information. If your foreign LLC has a different fiscal year than the calendar year, you'll need to prorate the income accordingly. You'd determine what portion of the fiscal year income falls within your US residency period and report only that amount. This can get complex, so maintaining detailed records of when income was earned is crucial.

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Just went through this exact headache last year. I found taxr.ai really helpful for dealing with my dual status and foreign income situation. I uploaded my foreign LLC docs and my immigration paperwork to https://taxr.ai and they analyzed everything together to figure out exactly how my 8858 and 5471 forms needed to be completed for my partial year residency. Their system gave me a detailed breakdown of which income had to be reported for which periods, and even highlighted the right places on the forms where I needed to note my dual status. Saved me from making some pretty serious mistakes on my foreign income reporting.

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Emma Thompson

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Did it actually work with forms that complicated? I tried another service last year and they completely messed up my 5471. Ended up having to pay an international tax specialist $2,500 to fix everything.

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Malik Davis

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I'm curious how it handles the actual form preparation. Does it just tell you what to do or does it fill out the forms? My situation is similar but also includes a 3520 for a foreign trust I'm a beneficiary of.

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It absolutely worked for these complicated forms. The difference with taxr.ai is that it's specifically built for complex international tax scenarios, not just the basic forms most services handle. It found several deductions related to my foreign income that I would have missed. For form preparation, it doesn't just provide guidance - it actually creates a completed draft of your forms based on the documents you upload. It handles the 3520 as well. After analyzing your documents, it gives you completed drafts with detailed explanations for why each section was filled out that way. I still had my accountant review everything, but she was impressed with how accurate it was.

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Malik Davis

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Wanted to follow up about my experience with taxr.ai after trying it based on the recommendation here. I was skeptical because my international tax situation is a mess, but it was seriously impressive. It correctly identified that I needed to file as a dual-status taxpayer and properly allocated my foreign trust income between my non-resident and resident periods. The system flagged exactly where I needed to attach statements explaining my situation and even generated the text for those statements. My CPA reviewed it all and only made minor tweaks. He was shocked at how accurate it was for such a complex situation involving the 3520, 5471, and dual status issues. Definitely using it again this year.

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If you're having trouble reaching the IRS for guidance on this, try using Claimyr. I had a similar dual status filing situation last year and spent DAYS trying to get through to an IRS international tax specialist. Finally used https://claimyr.com and got connected to an actual IRS agent in under 20 minutes who walked me through exactly how to handle my 5471 as a dual status resident. They have a video showing how it works here: https://youtu.be/_kiP6q8DX5c The agent confirmed I needed to attach a statement explaining my dual status and only report foreign entity income from my US resident period. He also pointed me to some specific IRS publications that address this exact situation.

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StarStrider

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Wait, how does this actually work? I thought it was impossible to get through to the IRS these days. Is this some kind of paid service that jumps the line?

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Ravi Gupta

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Sounds like a scam tbh. Nobody gets through to the IRS that fast, especially for international tax questions. They probably just connect you to some random "tax expert" who isn't actually with the IRS.

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It works by using technology that navigates the IRS phone system for you. You provide your phone number, and they call you back once they've reached an IRS agent. It's completely legitimate - they don't answer tax questions themselves, they literally connect you directly to an actual IRS employee. No, it's definitely not a scam. I was connected to a real IRS international tax specialist. You can verify you're speaking with an actual IRS employee when they come on the line. The service just handles the wait time for you so you don't have to stay on hold for hours. They use an automated system to call the IRS and navigate the phone tree, then alert you when a human agent is reached.

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Ravi Gupta

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I have to admit I was wrong about Claimyr. After posting my skeptical comment, I decided to try it myself for a complicated question about my dual status return and Form 8858. I got connected to an IRS international tax specialist in about 35 minutes (they texted updates throughout). The agent actually looked up my specific situation and confirmed exactly what others have said here - I only need to report foreign entity income from the period I was a US resident, and I should attach a statement explaining the dual status situation. She even emailed me the relevant sections of the tax code. Never would have gotten this level of specific guidance without being able to speak directly with the IRS.

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Just to add another perspective - I was in a similar situation two years ago. One important thing no one's mentioned is that if you owned the LLC before becoming a US resident, make sure you're properly documenting the basis in the entity as of your residency date. This becomes super important if you later sell the foreign LLC or take distributions. I'd recommend getting a formal valuation of the entity as of your US residency date so you have documentation of your starting basis.

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Oliver Wagner

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That's a great point I hadn't considered. Do you know if there's a specific form or method for documenting the basis value as of my residency date? Did you use a particular service for your valuation?

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There's no specific IRS form for documenting your starting basis, but you should create your own detailed records. I used a business valuation service in my home country that was familiar with US tax requirements. They produced a comprehensive report that I keep with my tax records. The method used depends on your business type - for my service-based LLC, they used a multiple of earnings approach. For businesses with more assets, they might use different methods. The key is having a defensible, third-party valuation you can produce if ever questioned. It cost me about $1,500 but was absolutely worth it for the peace of mind.

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Omar Hassan

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Has anyone used TurboTax for filing these forms? Their website says they support 5471 but I'm wondering if it can handle the dual status resident situation properly.

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I tried TurboTax last year for my 5471 with dual status and it was a disaster. The software doesn't really handle the dual status situation well with foreign entities. It kept trying to report my full-year income even though I clearly indicated my residency date. I ended up having to use a tax professional instead.

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