Instructions For Form 8697 (Rev. 2013)

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Instructions for Form 8697
Department of the Treasury
Internal Revenue Service
(Rev. September 2013)
(Use with the December 2011 revision of Form 8697)
Interest Computation Under the Look-Back Method for Completed Long-Term
Contracts
Pass-Through Entities
transaction or a step-in-the shoes
Section references are to the Internal Revenue
Code unless otherwise noted.
transaction. For guidance regarding
A pass-through entity (partnership, S
these transactions, see Regulations
corporation, or trust) that is not closely
General Instructions
1.460-4(g). In the case of constructive
held must apply the look-back method
completion transactions, the old
at the entity level to any contract for
Future Developments
taxpayer treats the contract as
which at least 95% of the gross income
completed in the transaction year and
For the latest information about
is from U.S. sources. A pass-through
applies the look-back method to the
developments related to Form 8697 and
entity is considered closely held if, at
pre-transaction years. The new
its instructions, such as legislation
any time during any tax year for which
taxpayer is treated as entering into a
enacted after they were published, go to
there is income under the contract, 50%
new contract and applies the look-back
or more (by value) of the beneficial
method to the post-transaction years
interests in the entity is held (directly or
What's New
upon the contract's completion. In the
indirectly) by or for five or fewer
case of step-in-the-shoes transactions,
persons. For this purpose, rules similar
Form 8697 is not being revised at this
the new taxpayer applies the look-back
to the constructive ownership rules of
time. Continue to use the December
method to both the pre and post
section 1563(e) apply. For a
2011 revision of Form 8697 with these
transaction years. See Regulations
mid-contract change in taxpayer
updated instructions.
section 1.460-6(g) for additional
resulting in the conversion of a C
The tax rate used for the interest
guidance.
corporation into an S corporation, the
computation for individuals and certain
look-back method is applied at the entity
Exception for Certain
pass-through entities has changed. See
level with respect to contracts entered
the instructions for Part II, line 2, later.
Construction Contracts
into prior to the conversion regardless of
The look-back method does not apply to
Purpose of Form
whether the S corporation is considered
the regular taxable income from:
closely held. See the section discussing
Use Form 8697 to figure the interest due
Any home construction contract (as
Mid-Contract Change in Taxpayer.
or to be refunded under the look-back
defined in section 460(e)(6)(A)) or
method of section 460(b)(2) on certain
Any other construction contract
If you are an owner of an interest in a
long-term contracts that are accounted
entered into by a taxpayer: (a) who
pass-through entity in which a long-term
for under either the percentage of
estimates the contract will be completed
contract was being accounted for under
completion method or the percentage of
within 2 years from the date the contract
the percentage of completion method or
completion-capitalized cost method. For
begins and (b) whose average annual
the percentage of completion
guidance concerning these methods,
gross receipts for the 3 tax years
capitalized cost method and the
see Regulations section 1.460-4. For
preceding the tax year in which the
pass-through entity is not subject to the
details and computational examples
contract is entered into do not exceed
look-back method at the entity level, you
illustrating the use of the look-back
$10 million. See section 460(e).
must file this form for your tax year that
method, see Regulations section
ends with or includes the end of the
1.460-6.
entity's tax year in which the contract
However, the look-back method does
was completed or adjusted in a
apply to the alternative minimum taxable
Who Must File
post-completion tax year. The
income from any such contract that is
pass-through entity will provide on
General Rule
not a home construction contract and,
Schedule K-1 the information you need
therefore, must be accounted for using
You must file Form 8697 for each tax
to complete this form.
the percentage of completion method
year in which you completed a
for alternative minimum tax purposes.
Mid-Contract Change in
long-term contract entered into after
See section 56(a)(3) for details.
February 28, 1986, that you accounted
Taxpayer
for using either the percentage of
Small Contract Exception
If prior to the completion of a long-term
completion method or the percentage of
contract accounted for using the
The look-back method does not apply to
completion-capitalized cost method for
percentage of completion method or the
any contract completed within 2 years of
Federal income tax purposes. You also
percentage of completion capitalized
the contract start date if the gross price
must file Form 8697 for any tax year,
cost method, there is a transaction that
of the contract (as of contract
subsequent to the year of completion, in
makes another taxpayer responsible for
completion) does not exceed the
which the contract price or contract
accounting for income from the same
smaller of:
costs are adjusted for one or more of
contract, the taxpayer responsible for
$1 million or
these long-term contracts from a prior
computing look-back interest depends
1% of the taxpayer's average annual
year.
on whether the ownership change is
gross receipts for the 3 tax years before
due to a constructive completion
the tax year of contract completion.
Aug 29, 2013
Cat. No. 10703K

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