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About Form Instructions 8938

The IRS will send you a form to file. But if you don't have an advisor then there isn't really much you can do, unless the information that you really need to file is on Form 8829 which is the one that asks if you have foreign withholding tax to pay. You are required to report any foreign assets on your U.S. return, even if the foreign assets are the same as your foreign tax returns. It's also possible to report the foreign assets on your U.S. Form 8829 if you have a valid reason to do so; for example, a long-term job offer that's expected to result in a significant foreign withholding tax, and you're taking a portion of it. However, once you report the assets on the Form 8829 you're still required to file Form 8938. There's a good chance this is a new tax that will be coming on for 2022 — and for good reason; it's a big deal to report foreign assets because there's a lot of them being held by Americans in foreign countries.

What Is 8938 instructions?

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FAQ - Form Instructions 8938

What is the purpose of Form Instructions 8938?
What are the responsibilities of the individual who prepared or amended the Form Instructions 8938? What are the obligations of any individual who prepared, amended, modified, signed, received, or used the “Amended Statement of Assets and Liabilities” (Form 8938) and who failed to include certain amounts from any of the three reports filed with the Secretary of the Treasury? See “Instructions for Use of Form 8938,” later, and section 1341 of Pub. 15-A for additional information on the Secretary of the Treasury's responsibility. A copy of Form 8938 is printed in appendix B to this part. (Appendix B of part 773 contains an alternative format PDF of the text of Form 8938 that may be used in lieu of the PDF file that accompanies this part 773.) Example 3. The individual who prepared Form 8938 filed a Statement with the Secretary of the Treasury on October 16, 2011. On December 7, 2011, the individual filed another Statement with the Secretary of the Treasury under penalty of perjury. Is Form 8938 incomplete at the time the Form 8938 was filed or did it become complete when the individual filed a sworn statement under penalty of perjury? The Form 8938 is considered “complete” (part 773 does not require a correction if the Form 8938 is complete at the time of filing) when the following requirements are met. (i) The amount of the item which was the subject of the previous Form 8938 or earlier Statement is listed to the right of the heading “Amounts reported on line 1, itemized deductions and credits.” See sections 15, 20b, and 20c of Pub. 15-A for the requirements that must be satisfied to have the Form 8938 completed. (ii) The individual's basis in property is included at the top of the line that lists the amount of deductions listed for the item. See section 1202(e)(1)(B) of Pub. 15-A for the requirements of this requirement. (iii) There are no deductions reported in box 5 or 6, or in box 8 if itemized income deductions were made for that item in box 5 or 6. See section 2201(a) of Pub. 15-A for the requirements of this requirement. For instructions on correcting itemized deductions filed in box 5 or 6, see section 6018B(d)(1) of Pub. 15-A.
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