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.
-3-