Form 8082 - Instructions For Form

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Instructions for Form 8082
Department of the Treasury
Internal Revenue Service
(Rev. December 2011)
Notice of Inconsistent Treatment or
Administrative Adjustment Request (AAR)
Who Must File
partnership. Instead you must report all
Section references are to the Internal
partnership items in a manner consistent
Revenue Code unless otherwise noted.
Notice of inconsistent treatment.
with the way the partnership reported
What’s New
Generally, file Form 8082 if:
them on Schedule K-1 (Form 1065-B).
1. You believe an item was not
1. Form 8082 will no longer be used
Administrative adjustment request
properly reported on the Schedule K-1
by REMICs to amend their returns or to
(AAR). Form 8082 is also used as an
you received from the partnership, S
make administrative adjustment requests.
administrative adjustment request to
corporation, estate, or domestic trust, the
Instead, REMICs will now use new Form
correct a previously filed return. An AAR
Schedule Q you received from the
1065X, Amended Return or
is:
REMIC, or the foreign trust statement you
Administrative Adjustment Request
1. A request by the tax matters
received from the foreign trust.
(AAR). See Form 1065X and its
partner (TMP) to correct items on the
The same is true if you believe an item
instructions for more information.
original partnership return.
shown on your schedule or statement is
2. Partnerships not electronically filing
2. A request by a partner (other than a
incorrect but it is not an item that
an amended return or making an
partner in an electing large partnership),
otherwise has to be reported on your tax
administrative adjustment request will no
or residual interest holder to correct
return. For example, if you believe that
longer use Form 8082 to amend their
pass-through items on that person’s
the percentage shown as your ownership
returns or make administrative adjustment
income tax return.
of capital at the end of the year was not
requests. Instead, these partnerships will
3. A request by an electing large
properly reflected on Schedule K-1, file
now use new Form 1065X. See Form
partnership to correct items on the
Form 8082 to report this, even though you
1065X and its instructions for more
original partnership return.
are not otherwise required to report that
information.
percentage on your tax return. If you
3. Partnerships electronically filing an
Definitions
discover this kind of inconsistency after
amended return or making an
filing your original return, file an amended
administrative adjustment request will
Pass-through entity. A partnership
return to report it. In the space provided
continue to use Form 8082.
(including an electing large partnership),
on the amended return for writing
4. A tax shelter registration number no
S corporation, estate, trust, or REMIC.
explanations, enter “See attached Form
longer has to be entered on Form 8082.
8082.” If the correction does not affect
5. The IRS has created a page on
Item. Any item of a partnership, S
your tax return, no amounts need to be
IRS.gov for information about Form 8082
corporation, estate, trust, or REMIC
entered on the amended return if the
and its instructions at
required to be taken into account for the
Form 8082 item is the only reason for
form8082. Information about any future
pass-through entity’s tax year by the
filing the amended return.
developments affecting Form 8082 (such
partners, shareholders, beneficiaries,
2. The pass-through entity has not
as legislation enacted after we release it)
owners, or residual interest holders of that
filed a tax return or given you a Schedule
will be posted on that page.
pass-through entity.
K-1, Schedule Q, or foreign trust
Tax matters partner (TMP). A tax
statement by the time you are required to
General Instructions
matters partner is a general partner or
file your tax return (including extensions),
member-manager designated by the
and there are items you must include on
Purpose of Form
partnership to represent the partnership in
your return.
consolidated audit and litigation
Notice of inconsistent treatment. If
Caution. If you do not notify the IRS that
proceedings under sections 6221 through
you are a partner, S corporation
you are reporting an item (Part I, line 1,
6234. See the Instructions for Form 1065
shareholder, beneficiary of an estate or
box a) inconsistently, any deficiency
for more information.
trust, owner of a foreign trust, or residual
(including any late filing or late payment
interest holder in a real estate mortgage
penalties applicable to the deficiency) that
Schedule K-1. An annual schedule
investment conduit (REMIC), you
results from a computational adjustment
reporting the partner’s, shareholder’s, or
generally must report items consistent
to make your amount or treatment of the
beneficiary’s share of income, deductions,
with the way they were reported to you on
item consistent with the amount or
credits, etc., from a partnership, S
Schedule K-1, Schedule Q, or a foreign
treatment of the item on the pass-through
corporation, estate, or domestic trust.
trust statement. However, there may be
entity’s return may be assessed
Schedule Q. A quarterly schedule
reasons why you wish to report these
immediately. An inconsistent item can
reporting the residual interest holder’s
items differently. Use Form 8082 for this
exist on either your original or amended
share of taxable income or net loss from
purpose.
return.
the REMIC.
Use Form 8082 to notify the IRS of any
AAR. File Form 8082 if:
Foreign trust statement. Any of the
inconsistency between your tax treatment
of an item and the way the pass-through
following annual statements furnished by
1. You are requesting an
entity treated and reported the same item
a foreign trust to its owners or
administrative adjustment to correct a
on its return. Also use the form to notify
beneficiaries:
previously filed partnership return. S
the IRS if you did not receive Schedule
Foreign Grantor Trust Owner
corporations, estates, and trusts cannot
K-1, Schedule Q, or a foreign trust
Statement,
file an AAR (see items 4 and 5 under
statement from the foreign trust by the
Foreign Grantor Trust Beneficiary
Who May Not File for details).
due date for filing your return (including
Statement, or
2. You are a partner (other than a
extensions). However, do not file Form
Foreign Nongrantor Trust Beneficiary
partner in an electing large partnership) or
8082 as a partner in an electing large
Statement.
residual interest holder in a REMIC
Jan 12, 2012
Cat. No. 62051N

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