On January $15,2023,$ Dave Quinn, a U$.$S$.$ citizen, formed a GmbH in Germany to own and operate a building in Hamburg, Germany. Briefly discuss the answers to the following questions:

a$.$ Assuming Dave does not do anything else other than form the GmbH$,$ how will this entity be treated for U$.$S$.$ tax purposes? $($corporation$,$ DRE, partnership$)$

b$.$ Is a GmbH a per se Corporation or is there an opportunity to be treated as something other than the default rule?

c$.$ If Dave wishes to have the GmbH treated as something other than that under the default rule $($item a above$),$ then

i$.$ Complete Form $8832$ as best you can with the limited information provided. You may use poetic license, i$.$e$.$ make up additional information, to fill in certain blanks such as identifying numbers and addresses.

ii$.$ When must Form $8832$ be filed to be effective as of its formation date? $($indicate both initial and late filing deadlines$)$

iii. Who signs the form, in what capacity $($title$)$ and where on the form for both of the filing deadlines in ii$.$ above.

iv$.$ Assume in addition to Dave, Emma Schilling, a German citizen who not a resident alien for U$.$S$.$ tax purposes, is also an owner in the GmbH$.$ Does Emma sign the Form $8832$ under either of the filing deadlines in ii$.?$

d$.$ Why is the regime for electing to be treated as a hybrid entity known as $$check$-$the$-$box$?$

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a Tax Treatment of the GmbH for US Purposes When a US citizen forms a foreign entity like a GmbH Gesellschaft mit beschrnkter Haftung in Germany the I... View the full answer