Instructions For Form 1120-Ric - U.s. Income Tax Return For Regulated Investment Companies - 2009 Page 4

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Tax Deposit Coupon. If the RIC does not
Form 4466, Corporation Application for
transaction understatements, and fraud.
have a preprinted Form 8109, use Form
Quick Refund of Overpayment of
See sections 6662, 6662A, and 6663.
8109-B to make deposits. You can get
Estimated Tax. The overpayment must be
Accounting Methods
this form by calling 1-800-829-4933 or
at least 10% of the RIC’s expected
visiting an IRS taxpayer assistance
income tax liability and at least $500.
Figure taxable income using the method
center. Have the RIC’s EIN ready when
of accounting regularly used in keeping
For more information, including
you call or visit.
the RIC’s books and records. In all cases,
penalties, see the instructions for line 29,
Do not send deposits directly to an IRS
the method used must clearly reflect
Estimated tax penalty, on page 10.
office; otherwise, the RIC may have to
taxable income.
pay a penalty. Mail or deliver the
Interest and Penalties
Generally, permissible methods
completed Form 8109 with the payment
include:
Interest. Interest is charged on taxes
to an authorized depositary (such as a
Cash,
paid late even if an extension of time to
commercial bank or other financial
Accrual, or
file is granted. Interest is also charged on
institution authorized to accept federal tax
Any other method authorized by the
penalties imposed for failure to file,
deposits). Make checks or money orders
Internal Revenue Code.
negligence, fraud, substantial valuation
payable to the depositary. Records of the
Accrual method. Generally, a RIC must
misstatements, substantial
deposits will be sent to the IRS.
use the accrual method of accounting if
understatements of tax, and reportable
If the RIC prefers, it may mail the
its average annual gross receipts exceed
transaction understatements from the due
coupon and payment to: Financial Agent,
$5 million. See section 448(c).
date (including extensions) to the date of
Federal Tax Deposit Processing, P.O.
Under the accrual method, an amount
payment. The interest charge is figured at
Box 970030, St. Louis, MO 63197. Make
is includible in income when:
a rate determined under section 6621.
the check or money order payable to
1. All the events have occurred that fix
“Financial Agent.”
Late filing of return. A RIC that does
the right to receive the income, which is
not file its tax return by the due date,
The financial agent cannot process
the earliest of the date:
including extensions, may be penalized
foreign checks. If the corporation sends a
a. the required performance takes
5% of the unpaid tax for each month or
check written on a foreign bank to pay a
place,
part of a month the return is late, up to a
federal tax deposit, it may be charged a
b. payment is due, or
maximum of 25% of the unpaid tax. The
deposit penalty.
c. payment is received, and
minimum penalty for a return that is over
To help ensure proper crediting, enter
2. The amount can be determined
60 days late is the smaller of the tax due
the RIC’s EIN, the tax period to which the
with reasonable accuracy.
or $135. The penalty will not be imposed
deposit applies, and “Form 1120-RIC” on
if the RIC can show that the failure to file
the check or money order. On the
See Regulations section 1.451-1(a)
on time was due to reasonable cause.
coupon, darken the “1120” box under
and Pub. 538, Accounting Periods and
RICs that file late should attach a
“Type of Tax” and the appropriate
Methods, for details.
statement explaining the reasonable
“Quarter” box only under “Tax Period.”
Mark-to-market accounting method.
cause.
See the instructions for Form 8109 for
Generally, dealers in securities must use
Late payment of tax. A RIC that does
details on how to complete the
the mark-to-market accounting method
not pay the tax when due generally may
appropriate “Quarter” box for income tax
described in section 475. Under this
be penalized
1
/
of 1% of the unpaid tax
deposits.
2
method, any security that is inventory to
for each month or part of a month the tax
For more information on deposits, see
the dealer must be held at its fair market
is not paid, up to a maximum of 25% of
the instructions for Form 8109 and Pub.
value (FMV).
the unpaid tax. The penalty will not be
15 (Circular E), Employer’s Tax Guide.
Any security held by a dealer that is
imposed if the RIC can show that the
not inventory and held at the close of the
If the RIC owes tax when it files
failure to pay on time was due to
!
tax year is treated as sold at its FMV on
Form 1120-RIC, do not include the
reasonable cause.
the last business day of the tax year. Any
payment with the tax return.
CAUTION
Trust fund recovery penalty. This
resulting gain or loss must be taken into
Instead, mail or deliver the payment with
penalty may apply if certain excise,
account that year in determining gross
Form 8109 to an authorized depositary or
income, social security, and Medicare
income. The gain or loss taken into
use EFTPS, if applicable.
taxes that must be collected or withheld
account is generally treated as ordinary
are not collected or withheld, or these
Estimated Tax Payments
gain or loss.
taxes are not paid. These taxes are
For details, including exceptions, see
Generally, the following rules apply to the
generally reported on:
section 475, the related regulations, and
RIC’s payments of estimated tax.
Form 720, Quarterly Federal Excise
Rev. Rul. 97-39, 1997-39 I.R.B, 4.
The RIC must make installment
Tax Return;
payments of estimated tax if it expects its
Dealers in commodities and traders in
Form 941, Employer’s QUARTERLY
total tax for the year (less applicable
securities and commodities may elect,
Federal Tax Return;
credits) to be $500 or more.
with some exceptions, to use the
Form 944, Employer’s ANNUAL
The installments are due by the 15th
mark-to-market accounting method. To
Federal Tax Return; or
day of the 4th, 6th, 9th, and 12th months
make the election, the RIC must file a
Form 945, Annual Return of Withheld
of the tax year. If any date falls on a
statement describing the election, the first
Federal Income Tax.
Saturday, Sunday, or legal holiday, the
tax year the election is to be effective,
The trust fund recovery penalty may
installment is due on the next regular
and in the case of an election for traders
be imposed on all persons who are
business day.
in securities or commodities, the trade or
determined by the IRS to be responsible
Use Form 1120-W, Estimated Tax for
business for which the election is made.
for collecting, accounting for, and paying
Corporations, as a worksheet to compute
Except for new taxpayers, the statement
over these taxes, and who acted willfully
estimated tax.
must be filed by the due date (not
in not doing so. The penalty is equal to
If the RIC does not use EFTPS, use the
including extensions) of the income tax
the full amount of the unpaid trust fund
deposit coupons (Forms 8109) to make
return for the tax year immediately
tax. See the Instructions for Form 720 or
deposits of estimated tax. See the
preceding the election year and attached
Pub. 15 (Circular E), for details, including
instructions for Form 8109 for information
to that return, or if applicable, to a request
the definition of responsible persons.
on completing the coupon for estimated
for an extension of time to file that return.
tax deposits.
Other penalties. Other penalties can be
For more details, see Rev. Proc. 99-17,
If the RIC overpaid its estimated tax, it
imposed for negligence, substantial
1999-7 I.R.B. 52, and sections 475(e) and
may be able to get a quick refund by filing
understatement of tax, reportable
(f).
-4-

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