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International Tax
Foreign Disregarded Entities
A Foreign Disregarded Entity (FDE) is defined by the IRS as an “entity that is not created or organized in the United States and that is disregarded as an entity separate from its owner for U.S. income tax purposes. An eligible entity can elect how it will be classified for federal tax purposes. U.S. persons who are owners of FDEs at any time during their taxable year or annual accounting period must file Form 8858 with their tax return.
U.S. persons that are tax owners of FDEs or that own certain interests in foreign tax owners of FDEs must file the form as outlined below:
- U.S. persons that are tax owners of FDEs at any time during the taxable year or annual accounting period.
- U.S. persons that are required to file Form 5471 relating to a Controlled Foreign Corporation (CFC) that is a tax owner of a FDE at any time during the CFC’s annual accounting period.
Esquire Group can assess your unique situation and assist in determining your filing requirements.

