Form 8082 - Instructions For Form (Page 3 of 3) in pdf

K-1 (Form 1065-B) for that partner with

In either case, if you are a TMP filing

statement was not properly reported,

Form 8082. Also give the partner a copy.

an AAR electronically, file an amended

state how you think the item should be

Form 1065, but do not enter any amounts

treated and why.

Specific Instructions

on the form itself. Attach Form 8082 and

2. If the pass-through entity has not

identify the amount and treatment of any

filed a tax return by the time you are

Specific instructions for most of the lines

item you are changing from the way it

required to file your tax return, enter as

have been provided. Lines that are not

was reported on the original return. The

the explanation, “Partnership (S

explained are self-explanatory. If, after

TMP must sign the amended return.

corporation, Estate, Trust, or REMIC)

reading the instructions, you are unable to

return not filed.”

complete an item in Part I or Part II, enter

Attach amended Schedules K-1

3. If the pass-through entity did not

“See Part III” in the entry space for that

showing the corrected amounts for each

give you a Schedule K-1, Schedule Q, or

item and provide the information there.

partner.

foreign trust statement by the time you

Note. If the pass-through entity did not

Lines 2 through 6. Generally, the

are required to file your tax return, enter

information for these lines can be found

file a return or give you a Schedule K-1,

as the explanation “Schedule K-1

on Schedule K-1, Schedule Q, or foreign

Schedule Q, or foreign trust statement by

(Schedule Q, or foreign trust statement)

trust statement.

the time you are required to file your

not received.”

return, complete Parts I and II to the best

Part II

4. If you are filing an AAR on which

of your knowledge.

you are changing the amount or treatment

Column (a). If you received a Schedule

Part I

of any item on your original return, explain

K-1, Schedule Q, or foreign trust

why you are changing the item.

statement, enter the line number and

Line 1. Check box (a) if you believe an

5. If you believe an item was omitted

description shown on the form.

item was not properly reported on the

from Schedule K-1, Schedule Q, or

Otherwise, enter a complete description

Schedule K-1, Schedule Q, or foreign

foreign trust statement, enter as the

of the item.

trust statement you received, or you have

explanation “Item was omitted from

not received a Schedule K-1, Schedule Q,

Column (b). If you believe that the

Schedule K-1 (Schedule Q, or foreign

or foreign trust statement by the time you

amount of any item shown on Schedule

trust statement).”

are required to file your tax return

K-1, Schedule Q, or foreign trust

(including extensions).

statement was not properly reported,

check “Amount of item.”

Check box (b) if you are filing an AAR

Paperwork Reduction Act Notice. We

on which you are requesting a change in

If you believe that the treatment of any

ask for the information on this form to

the amount or treatment of any item from

item was not properly reported (such as a

carry out the Internal Revenue laws of the

the way you reported it on your return as

long-term capital loss that a partner thinks

United States. You are required to give us

originally filed or as you later amended it.

should be an ordinary loss), check

the information. We need it to ensure that

“Treatment of item.”

Check both boxes if a partner or

you are complying with these laws and to

residual interest holder is reporting an

Check both parts of column (b) if

allow us to figure and collect the right

item on his or her AAR differently from the

either 1 or 2 below applies:

amount of tax.

way that the item was reported on his or

1. You believe that both the amount

You are not required to provide the

her original return and inconsistently with

and treatment of the item shown on

information requested on a form that is

the way the pass-through entity reported

Schedule K-1, Schedule Q, or foreign

subject to the Paperwork Reduction Act

the item.

trust statement were not properly

unless the form displays a valid OMB

Partnerships requesting substituted

reported, or you believe an item was

control number. Books or records relating

return treatment.

omitted from the form; or

to a form or its instructions must be

2. The pass-through entity did not file

Note. If you are a TMP filing an AAR on

retained as long as their contents may

a return or give you a Schedule K-1,

behalf of the partnership and requesting

become material in the administration of

Schedule Q, or foreign trust statement.

substituted return treatment, attach a

any Internal Revenue law. Generally, tax

statement to Form 8082 indicating that

returns and return information are

Note. If you check only “Treatment of

you are requesting substituted return

confidential, as required by section 6103.

item,” you do not need to complete

treatment.

The time needed to complete and file

columns (d) and (e).

A substituted return is an amended

this form will vary depending on individual

Column (c). If you attach Form 8082 to

return in which the TMP requests that the

circumstances. The estimated burden for

your original return, enter the amount as

treatment of an item shown on the AAR

individual taxpayers filing this form is

shown on the Schedule K-1, Schedule Q,

be substituted for the treatment of the

approved under OMB control number

or foreign trust statement you received.

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

1545-0074 and is included in the

If you attach Form 8082 to your

the IRS allows substituted return

estimates shown in the instructions for

amended return, enter the amount as

treatment, the changes shown on the

their individual income tax return. The

shown on your original return or as you

amended return will be treated as

estimated burden for all other taxpayers

amended it prior to the current

corrections of mathematical or clerical

who file this form is shown below.

amendment.

errors, and the IRS may credit or refund

Recordkeeping . . . . . . . . . .

4 hr., 4 min.

any overpayment of tax to the partners or

If the pass-through entity did not file a

residual interest holders based on the

Learning about the law or the

return, or if you did not receive a schedule

amended return or assess any resulting

form . . . . . . . . . . . . . . . . . . 1 hr., 23 min.

or statement, or if you are reporting items

tax without a deficiency or entity level

that you believe were omitted, enter zero

Preparing and sending the

proceeding.

in column (c).

form to the IRS . . . . . . . . . . . 1 hr., 30 min.

If the request is not treated as a

Part III

If you have comments concerning the

substituted return, the IRS may credit or

Explain in detail the reasons you are

accuracy of these time estimates or

refund any overpayment of tax to the

reporting an inconsistent or amended

suggestions for making this form simpler,

partners or residual interest holders per

item as follows:

we would be happy to hear from you. See

the request; conduct an examination of

the instructions for the tax return with

1. If you believe that the amount or

the pass-through entity’s return; or take

which this form is filed.

treatment of any item shown on Schedule

no action on the request. When a request

K-1, Schedule Q, or foreign trust

is not treated as a substituted return, the

IRS cannot assess tax without a

deficiency or entity level proceeding.

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Form 8082 - Instructions For Form Page 3

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