riggscpa
Level 3
03-22-2023
07:51 AM
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I agree with that but the S corp has completed and attached to K-1 form 8858 as if the shareholder has to file as well. When you look at 8858 instructions item 2 under "Who must file" confusingly states "A U.S. person that directly (or indirectly through a tier of FDEs or partnerships) is a tax owner of an FDE or operates an FB." Why did S corp provide 8858? Is filing a form 8858 a better answer given the severe penalties for not filing? Any downside to filing?