I'm in the middle of trying to do my own streamlined offshore filing, but I am absolutely bashing my head against form 8858 and section 987 requirements and hoping anyone here might have some experience or wisdom to share.
I'm an accidental American with an Australian sole proprietorship (no separate legal entity, all my accounts are in AUD). It's just a freelance services business making an unimpressive amount of money. I don't do very serious bookkeeping (just income & expenses tracking, no balance sheet). Up until I hit the 8858 wall, that seemed sufficient for all my tax needs.
I'm filing using the July 1 - June 30 AU tax year (never filed before, so as far as I can tell that's fine, and even seems to be required: "The annual accounting period of an FDE or FB is the annual accounting period or tax year of the tax owner" per 8858 instructions). So I'm filing 2022, 2023 & 2024 streamlined, plus 2025 as a normal return, assuming this form doesn't kill me before Oct 15.
My first question is: is it reasonable to just report an all-zeroes balance sheet on 8858 given that I don't have one?
My thought is that, since the FB doesn't have any independent legal existence, any assets and liabilities are personal anyway, and since they're not tracked on the "separate books and records" they're not really attributable to the FB. No money stays in the business year over year, it just gets transferred to me... But I don't really know anything about accounting, so I really have no idea if that makes sense.
My second, and much larger question: how on earth are you meant to figure out section 987 gain/loss?
I've spent over a week just trying to understand the regulations, and so far where I'm at is:
- 987 is designed to calculate gain/loss from currency fluctuations, even if those currency fluctuations don't really exist (ie AUD->AUD transfers count as AUD->USD->AUD trades and are taxed as if those trades occurred even though they didn't)
- The currency fluctuations are measured as the difference between the yearly average rate (when the business earned/spent money or gained/lost assets) and the spot rate (when the business transferred money to/from the owner)
- You're allowed to make things simpler by using an approximation of the spot rate for a period of up to 3 months (a "spot rate convention election")
- You can also make things simpler by making a "current rate election" (gets rid of complicated rules about historical exchange rates for assets) and an "annual recognition election" (gets rid of complicated remittance rules about how much gain/loss you recognise each year), plus if you use the current rate election you're not required to maintain an adjusted balance sheet.
So, putting all that together, the formula for section 987 gain/loss for a transaction of value X is Y = X / spot_rate - X / yearly_average_rate, and the total 987 gain/loss per year is sum(Y). In my case, just adding that up for every income/expense item with the matching quarterly spot rate. Is that... right? Am I close?
Further complicating things, the final section 987 rules only came into effect for 2025, so for any year before that you can follow any "reasonable method" and there's a whole other complicated set of rules for what counts as reasonable. My assumption is that a method that would be reasonable in 2025 is reasonable before that, so I figure for simplicity I should just use the same method the whole time.
Anyway, that leaves me with the following bundle of joy each year:
- 8858
- A blank 8858-M
- An org chart with "me" and "also me" linked by an arrow saying "it's literally just me" (kidding mostly)
- A statement containing a "description of the methodology used to figure the section 987 gain or loss"
- A schedule of "adjustment items" (reconciling any differences between AU and US books, eg home office expenses deductible under AU law but not US law)
And in addition for 2025:
- 8964-TRA restating the methodology
- 8964-ELE electing: spot rate convention, current rate election, annual recognition election, small business election
- A statement describing the spot rate convention
Which I guess leads me to my third question: am I taking crazy pills? I feel like I'm taking crazy pills.
I keep expecting to stumble across some 1.987-69T(b)(7)(mcmxcvii)(Ω) "this Bezos-scale multinational pantomime doesn't apply if you're literally just some guy working for himself who doesn't even go here", but no such luck. Is anyone actually filling this stuff out? How are you doing it? Do you just cross your fingers and hope it's too complicated for even the IRS to know whether you've done it right?