What other forms need to be filed along with Form 8023?

Each U.S. shareholder must also file Form 8883, Asset Allocation Statement Under Section 338, with Form 5471.

Who needs to file Form 8023?

The foreign entity must file Form 8023 along with the Form 5471, Information Return of U.S. Persons With Respect to Certain Foreign Corporations, for the tax year that includes the acquisition date.

Are there any special instructions for foreign targets?

Yes, a section 338 election will not be valid for a target that is a CFC, passive foreign investment company, or foreign personal holding company unless affected U.S. persons are notified in writing.

Is there a deadline to file Form 8023?

No, there is no specific deadline stated in the regulations to file Form 8023. However, it is recommended to file as soon as possible after the acquisition date to avoid any potential penalties or interest.

When should Form 8023 be filed?

Form 8023 should be filed for the foreign entity's tax year that includes the acquisition date.

What is required for a U.S. shareholder to make this election?

Each U.S. shareholder must file Form 8023 and attach a statement to it showing the name, address, identifying number, country of organization, and stock interest. The statement must be signed by each U.S. shareholder under penalties of perjury.

What is Form 8023 used for?

Form 8023, Election to File Joint Return on Behalf of a Deemed Foreign Corporation or Branch, is used by a foreign corporation or branch (collectively referred to as 'foreign entity') that is a deemed U.S. person under section 7701(a)(2)(C) or (g) of the Internal Revenue Code to make an election to file a joint U.S. income tax return with its 50% or more owned U.S. corporate parent.

What is the alternative for a U.S. shareholder to sign the statement in Form 8023?

The person signing for the U.S. shareholder must state under penalties of perjury that they are authorized to sign the statement on behalf of the U.S. shareholder.

Form 8023

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Elections Under Section 338 for Corporations Making Qualified Stock Purchases

Rev. October 2023

Form 8023 (Rev. 10-2023) is a tax form used for elections under Section 338 of the Internal Revenue Code for corporations making qualified stock purchases. The form includes sections for the purchasing corporation, common parent of the purchasing corporation, target corporation, and general information. The form requires entities to provide identifying information such as names, street addresses, cities, states, ZIP codes, countries, and employer identification numbers. It also requires the acquisition date and percentage of target corporation stock purchased. The form includes checkboxes for making various elections under Section 338(h)(10) or other than Section 338(h)(10). Signatures from authorized persons for the purchasing corporation(s), common parent or selling affiliate, and S corporation shareholder(s) are required.

Instructions

Form 8023 Instructions - Instructions for Form 8023, Elections Under Section 338 for Corporations Making Qualified Stock Purchases

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FAQ

What other forms need to be filed along with Form 8023?
Each U.S. shareholder must also file Form 8883, Asset Allocation Statement Under Section 338, with Form 5471.
Who needs to file Form 8023?
The foreign entity must file Form 8023 along with the Form 5471, Information Return of U.S. Persons With Respect to Certain Foreign Corporations, for the tax year that includes the acquisition date.
Are there any special instructions for foreign targets?
Yes, a section 338 election will not be valid for a target that is a CFC, passive foreign investment company, or foreign personal holding company unless affected U.S. persons are notified in writing.
Is there a deadline to file Form 8023?
No, there is no specific deadline stated in the regulations to file Form 8023. However, it is recommended to file as soon as possible after the acquisition date to avoid any potential penalties or interest.
When should Form 8023 be filed?
Form 8023 should be filed for the foreign entity's tax year that includes the acquisition date.
What is required for a U.S. shareholder to make this election?
Each U.S. shareholder must file Form 8023 and attach a statement to it showing the name, address, identifying number, country of organization, and stock interest. The statement must be signed by each U.S. shareholder under penalties of perjury.
What is Form 8023 used for?
Form 8023, Election to File Joint Return on Behalf of a Deemed Foreign Corporation or Branch, is used by a foreign corporation or branch (collectively referred to as 'foreign entity') that is a deemed U.S. person under section 7701(a)(2)(C) or (g) of the Internal Revenue Code to make an election to file a joint U.S. income tax return with its 50% or more owned U.S. corporate parent.
What is the alternative for a U.S. shareholder to sign the statement in Form 8023?
The person signing for the U.S. shareholder must state under penalties of perjury that they are authorized to sign the statement on behalf of the U.S. shareholder.

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Federal tax forms

Form 8023 is one of Federal tax forms that are documents used to report and file federal income taxes with the Internal Revenue Service (IRS) in the United States. These forms are used by individuals, businesses, and organizations to report their income, deductions, and other relevant information necessary for calculating their federal tax liability.

The most commonly used federal tax form is the Form 1040, which is used by individual taxpayers to report their personal income tax. Other commonly used forms include the Form 1065 for partnerships, Form 1120 for corporations, and Form 990 for tax-exempt organizations.

Federal tax forms typically require taxpayers to report various sources of income, such as wages, salaries, and tips, as well as income from investments, rental properties, and other sources. The forms also allow taxpayers to claim deductions and credits for various expenses, such as charitable contributions, mortgage interest, and healthcare expenses.

It is important to file federal tax forms accurately and on time, as failure to do so can result in penalties and interest charges from the IRS.

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