You can prepare 8865 in one return, and then access and file those from another return. Also, from one return you can access Forms 8865 from many other returns using your current return as a master or combined return for e-file or paper filing purposes. A Form 8865 prepared this way is called a “crossover 8865.”
A return accesses Forms 8865 in another return by using
The additional 8865 level forms we included this year are 4797, 8825, 4562, Sch F, and 3468. These are 8865 versions of corresponding return level forms.
Cross over 8865 will read TS code to flag an 8865 for spouse or for taxpayer. For this reason, the TS code will not be limited to just 1040 return types. TS code is located under
In a married filing joint 1040 return, when both taxpayer and spouse are partners in the same partnership, we default to the position that only one 8865 may be necessary with K1 for both taxpayer and spouse included considering attribution rules. However, if you take a different position and would like to attach two separate automated 8865s, you create two versions of the partnership return and flag one of those with a TS code of S. Then, link both versions to the 1040 return.
Form 8865 created through crossover feature will be available for e-filing.
Additional forms 4797, 8825, 4562, Sch F, and 3468 behind Form 8865, will not be available for e-filing since the IRS has no schema for those. However, Form 8865 will still qualify for e-filing and transmit when these forms are present. Please note this exception is only for the 8865 version of these forms.
When you export the 8865 reporting entity return, only the top return will export. The crossover feature already includes 8865 with that return and in the e-file.
A standalone 8865 will not export since it can not be transmitted to IRS. Please see additional detail on 8865 automation under topic 8865 Automation using 1065 calculation.
Standalone 8865 is created when you select
See Also
Form 8865 - Return of U.S. Persons with Respect to Certain Foreign Partnerships
8865 Automation Using 1065 Calculation
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