Discussion:Form 926 and IRA

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Discussion Forum Index --> Advanced Tax Questions --> Form 926 and IRA
Discussion Forum Index --> Tax Questions --> Form 926 and IRA

Pmrcpa (talk|edits) said:

11 September 2009
My client's IRA is custodied at Schwab. One of the investments is a partnership (actually LLC) which transferred cash to a foreign corporation (under Sec. 351) in 2008. My client's IRA's share of the cash was $250,000. Is the IRA a "person" and therefore required to file Form 926? Or do we look through the IRA, therefore requiring the IRA owner (my client) to file Form 926?

Smktax (talk|edits) said:

11 September 2009
Yes, the IRA is a U.S. person and Form 926 is required by the IRA. There is no look-thru rule.

If the LLC is engaged is business (directly or through other pass-thru entities) or has debt financing, the income from the LLC flowing up to the IRA would be subject to the unrelated business tax.

JSHORT7301 (talk|edits) said:

3 November 2009
How does the IRA fill out the Form 926? Where does it file the Form 926? Does the IRA have to obtain an EIN and file the Form 926 with a 990-T?

Thanks for your help!

Kevinh5 (talk|edits) said:

3 November 2009
pen and ink or computer and printer - or maybe you are asking WHO fills it out for the IRA? The trustee. The IRA, having no hands and fingers of its own, can't hold a pen or type on a computer.

it should be in the instructions

ditto

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