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Handling an International Tax Assessment: Form 8865

HANDLING AN INTERNATIONAL TAX ASSESSMENT: FORM 8865

Cost Free
Presentation Length 1.5 hours

Recorded DateMarch 12, 2024
CPE:Not available
(archived webinars do not offer CPE credits)
Subject AreaTaxes
Course LevelBasic
Course Description

The Internal Revenue Service has increasingly sought to assess penalties against taxpayers who have previously failed to file required information forms. One of the most commonly required forms, and one of the forms most often the subject of penalty assessment, is Form 8865, required for specified stakeholders in foreign partnerships. In many fashions, this is the "matching" form for Form 5471 in the context of foreign partnerships making determinations as to how a foreign business entity is classified as critical.

This program details Form 8865 requirements and assessable penalties including automatic extensions of Statute of Limitations periods. We'll cover how to best combat penalty assessment and options for penalty mitigation, compare and contrast Forms 8865 and 5471, and discuss how foreign business entities are classified for United States purposes. 

Learning Objectives:


  • Outline Form 8865 

  • Evaluate automatic extensions of Statute of Limitations periods 

  • Determine how to best combat penalty assessment and options for penalty mitigation

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Patrick McCormick is an attorney with over a dozen years of experience, focusing his practice specifically on international taxation. Mr. McCormick represents both business and individual clients on all aspects of United States international tax rules, both from an income tax and estate/gift tax perspective. Having previously served as a partner at a large law firm, a midsized accounting firm, and a boutique tax law firm, Patrick’s client exposures have covered every conceivable area of American-side international tax matters. Patrick has also represented every type of taxpayer – from multibillion-dollar business enterprises and ultra-high net worth individuals to startups and individuals with complex questions but limited budgets.


Mr. McCormick has worked with clients located in over 90 countries on American tax considerations of multinational activities, cultivating specialized knowledge in every area of United States international tax rules. His explicit practice focus has facilitated an unparalleled expertise in the field; Patrick is trusted by clients and advisors around the world to obtain optimal results on international tax matters.


Mr. McCormick is a primary and prolific authority on tax matters. He has spoken on all aspects of international tax to hundreds of thousands of attendees around the globe, functioning as the primary international tax resource for national organizations including CPAacademy.org, Strafford, Lawline, and Leimberg Information Services. Patrick has presented for the American Bar Association, the American Immigration Law Association, and state and local bar associations around the United States. He is a regular contributor to America’s premier tax law publications, including Tax Notes, Journal of Taxation, Tax Notes International, Law360, and Practical Tax Lawyer.


Mr. McCormick published his first treatise on international tax matters, Allocation and Apportionment Rules Under Secs. 861-865, for Thomson Reuters’ Catalyst platform, in October 2021. In late 2021, he also released a 15-hour digital course entirely dedicated to nonresident taxation, United States Tax Considerations for Nonresident Taxpayers. Mr. McCormick has been named a Super Lawyers Rising Star from 2016-2022.


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