Instructions For Form 8082 (Page 2 of 2) in pdf

4. If you are a residual interest holder, and

Schedule Q by the time you are required to

Schedule Q was not properly reported, check

ALL of the following apply:

file your return, complete Parts I and II to the

“Amount of item.”

best of your knowledge.

Your REMIC had no more than 10 residual

If you believe that the treatment of any item

interest holders at any one time during the

was not properly reported (e.g., a long-term

Part I

tax year.

capital loss that a partner thinks should be an

Line 1.—Check box (a) if either 1 or 2 below

ordinary loss) on Schedule K-1 or Schedule

If at any time during the tax year the

applies:

Q, check “Treatment of item.”

REMIC had more than one residual interest

1. You believe an item was not properly

holder, each residual interest holder was

Check both parts of column (b) if either 1

reported on the Schedule K-1 or Schedule Q

either an individual (other than a nonresident

or 2 below applies:

you received; or

alien) or an estate.

1. You believe that both the amount and

2. The pass-through entity has not filed a

The REMIC did not have an election in

treatment of the item shown on Schedule K-1

tax return or given you a Schedule K-1 or

effect under section 6231(a)(1)(B)(ii) for the tax

or Schedule Q were not properly reported, or

Schedule Q by the time you are required to

year to have the consolidated audit rules

you believe an item was omitted from

file your tax return (including extensions).

apply.

Schedule K-1 or Schedule Q; or

Check box (b) if you are filing an amended

2. The pass-through entity did not file a

Penalties

return (AAR) on which you are changing the

return or give you a Schedule K-1 or

If you disregard the requirements for filing

amount or treatment of any item from the

Schedule Q.

Form 8082, you may be subject to the

way you reported it on your return, or in the

Note: If you check only “Treatment of item,”

accuracy-related penalty under section 6662

case of a TMP, the pass-through entity return

you do not need to complete columns (d)

or the fraud penalty under section 6663.

as originally filed or as you later amended it.

and (e).

Either penalty is in addition to any tax that

Check boxes (a) and (b) if you are reporting

Column (c).—If Form 8082 is being attached

results from a computational adjustment to

an item on your amended return (AAR)

to your original return, enter the amount as

make your amount or treatment of the item

differently from the way that you reported the

shown on the Schedule K-1 or Schedule Q

consistent with the amount or treatment of

item on your original return and inconsistently

you received.

the item on the pass-through entity’s return.

with the way the pass-through entity reported

If Form 8082 is being attached to your

How Many Forms To Complete

the item.

amended return, enter the amount as shown

Line 2.—A substituted return is an amended

You must complete and file a separate form

on your return as originally filed or as you last

return in which the TMP requests that the

for each pass-through entity for which you

amended it prior to the current amendment.

treatment of an item shown on the AAR be

are reporting an inconsistent or AAR item. If

If the pass-through entity did not file a

substituted for the treatment of the item on

you are reporting more than four inconsistent

return, or if you did not receive a Schedule

the pass-through entity’s return.

or AAR items from one pass-through entity,

K-1 or Schedule Q, or if you are reporting

use additional Forms 8082.

If you are a TMP filing an AAR as a

items that you believe were omitted from

substituted return, file an amended return

Schedule K-1 or Schedule Q, enter zero in

How and When To File

(Form 1065, Form 1120S, or Form 1066), but

column (c).

If Form 8082 is filed as a notice of

do not enter any amounts on the form itself.

inconsistent treatment, complete a single

Part III

Attach Form 8082, check the box on line 2,

copy of the form, attach it to your tax return,

and identify the amount and treatment of any

Explain in detail the reasons you are reporting

and file it when you file your original return.

item you are changing from the way it was

an inconsistent or amended item as follows:

reported on the return as originally filed. The

If Form 8082 is filed as an AAR by the TMP

1. If you believe that the amount or

TMP must sign the amended return. On the

on behalf of the pass-through entity, it must

treatment of any item shown on Schedule K-1

top margin, enter “See attached Form 8082

be filed with the service center where the

or Schedule Q was not properly reported,

for AAR per IRC section 6227(b)(1).”

original partnership, S corporation, or REMIC

state how you think the item should be

return was filed.

Attach revised Schedules K-1 or Schedules

treated and why.

Q showing the changes made by the AAR for

If a partner, shareholder, or residual interest

2. If the pass-through entity has not filed a

each partner, shareholder, or residual interest

holder files Form 8082 as an AAR (amended

tax return by the time you are required to file

holder.

return), it must be filed in duplicate. The

your tax return, enter as the explanation,

original copy is filed with the partner’s,

Lines 3 through 8.—Generally, the

“Partnership (S corporation or REMIC) return

shareholder’s, or residual interest holder’s

information for these lines can be found on

not filed.”

amended income tax return, and the other

Schedule K-1 or Schedule Q. Skip line 6 if no

copy is filed with the service center where the

3. If the pass-through entity did not give

tax shelter registration number is reported on

pass-through entity return is filed.

you a Schedule K-1 or Schedule Q by the

Schedule K-1 or if you are filing as the holder

time you are required to file your tax return,

See the instructions under Who Must File,

of a residual interest in a REMIC. The tax

enter as the explanation “Schedule K-1 or

item 3, for information on when to file Form

year of a REMIC (line 8) always ends on

Schedule Q not received.”

8082 if it is filed as an amended return.

December 31.

4. If you are filing an amended return (AAR)

Specific Instructions

Part II

on which you are changing the amount or

treatment of any item on your original return,

Column (a).—If you received a Schedule K-1

Specific instructions for most of the lines

explain why you are changing the item.

or Schedule Q, enter the line number and

have been provided. Those lines that do not

description shown on the schedule.

5. If you believe an item was omitted from

appear in the instructions are

Otherwise, enter a complete description of

Schedule K-1 or Schedule Q, enter as the

self-explanatory. If, after reading the

the item.

explanation “Item was omitted from Schedule

instructions, you are unable to complete an

K-1 or Schedule Q.”

item in Part I or Part II, enter “See Part III” in

Column (b).—If you believe that the amount

the entry space for that item.

of any item shown on Schedule K-1 or

Note: If the pass-through entity did not file a

return or give you a Schedule K-1 or

Page 2

Instructions For Form 8082 Page 2

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