must conform with the IRS version of that
section 1.367(a)-1T(c)(3)(ii)(D). If the
next to the information entered in this
section.
answer to line 2d is “Yes,” the rules of
section. In addition, if you contributed
Regulations section
property to a foreign corporation as a part
1.367(a)-1T(c)(3)(ii)(C) apply.
of a wider transaction, briefly describe the
Part I—U.S. Transferor
entire transaction.
Information
Part II—Transferee
Part IV— Additional
Foreign Corporation
Identifying Number
Information Regarding
The identifying number of an individual is
Information
his or her social security number (SSN).
Transfer of Property
Line 5. Address. Enter the information
The identifying number of all others is
in the following order: city, province or
their employer identification number
Line 10. List the type of nonrecognition
state, and country. Follow the country’s
(EIN).
transaction that gave rise to the reporting
practice for entering the postal code, if
obligation (e.g., section 332, 351, 354,
any. Do not abbreviate the country name.
356, or 361).
Line 1a
Line 6. Enter the two-digit country code
Line 11a. If gain recognition was
If you answered “Yes” to question 1a and
of the transferee foreign corporation’s
required with respect to any transfer
the asset is a tangible asset, section
country of incorporation or organization.
reported in Part III under section
367(a)(5) may require basis adjustments.
See the list of country codes which begins
904(f)(3), attach a statement identifying
If you answered “No” to question 1a and
on page 3.
the transfer and the amount of gain
the asset is a tangible asset, the transfer
recognized.
is taxable under sections 367(a)(1) and
Line 7. List the entity classification (e.g.,
(a)(5). If the asset transferred is an
partnership, corporation, etc.) of the
Line 11b. If gain recognition was
intangible asset, see section 367(d) and
transferee foreign corporation under the
required with respect to any transfer
its regulations.
laws of the country of incorporation or
reported in Part III under section
organization.
904(f)(5)(F), attach a statement
Line 1b
identifying the transfer and the amount of
Line 8. See section 957(a) to determine
If the transferor went out of existence
whether the corporation is a controlled
gain recognized.
pursuant to the transfer (e.g., as in a
foreign corporation immediately after the
reorganization described in section
Line 11c. If recapture was required with
transfer.
368(a)(1)(C)), list the controlling
respect to any transfer reported in Part III
shareholders and their identifying
under section 1503(d) (dual consolidated
Part III—Information
numbers.
loss), attach a statement identifying the
Regarding Transfer of
transfer and the amount of recapture. See
Line 1c
section 1503(d) and the regulations
Property
If the transferor was a member of an
thereunder.
affiliated group filing a consolidated tax
Column (a). Date of Transfer. Enter the
Line 11d. If exchange gain recognition
return (see sections 1501 through 1504),
first date on which title to, possession of,
was required with respect to any transfer
but was not the parent corporation, list the
or rights to the use of the property passed
reported in Part III under section 987,
name and EIN of the parent corporation
for U.S. income tax purposes. See
attach a statement identifying the transfer
and file Form 926 with the parent
Temporary Regulations section
and the amount of exchange gain
corporation’s consolidated return.
1.6038B-1T(b)(4) for additional
recognized. See Regulations section
information.
Line 1d
1.987-5.
Column (b). Description of property.
If the answer to line 1d is ‘‘Yes,’’ and if the
Line 12. If this transfer resulted from a
Provide a description of the property
asset is transferred in an exchange
change in the classification of the
transferred. With respect to section
described in section 361(a) or (b), attach
transferee to that of a foreign corporation
6038B(a)(1)(A) transfers, see Temporary
the following:
(a deemed transfer resulting from a
•
Regulations section 1.6038B-1T(c)(4) for
A statement that the conditions set
classification change on Form 8832,
specific information that must be reported
forth in the second sentence of section
Entity Classification Election, or a
in column (b) (or, if necessary, under the
367(a)(5) and any regulations under that
termination of a section 1504(d) election),
Supplemental Information section or on
section have been satisfied.
check the “Yes” box. If the transfer was
•
attached sheets). With respect to section
An explanation of any basis or other
an actual transfer of property to a foreign
367(d) transfers, see Temporary
adjustments made pursuant to section
corporation, check the “No” box.
Regulations section 1.6038B-1T(d). With
367(a)(5) and any regulations thereunder.
respect to section 367(e) transfers, see
Line 13. See Temporary Regulations
Line 2
Regulations section 1.6038B-1(e).
sections 1.367(a)-4T through 1.367(a)-6T
If a partnership (whether foreign or
for instances in which a transferor must
Column (c). Fair market value. Enter
domestic) transfers property to a foreign
recognize income on the transfer of
the fair market value of the property
corporation in an exchange described in
tangible property that qualifies for
transferred (measured as of the date of
section 367(a)(1), then a U.S. person that
nonrecognition treatment (see section
transfer).
is a partner in the partnership shall be
367(a)(3) and Temporary Regulations
Column (d). Cost or other basis. Enter
treated as having transferred a
section 1.367(a)-2T). Additional
your adjusted basis in the property
proportionate share of the property in an
information is required to be attached to
transferred on the date of the transfer.
exchange described in section 367(a)(1).
this form. See Temporary Regulations
See sections 1011 through 1016 for more
A U.S. person’s proportionate share of
sections 1.6038B-1T(c)(4)(iii) and (vii),
information for the determination of
partnership property shall be determined
and 1.6038B-1T(c)(5).
adjusted basis.
under the rules and principles of sections
Line 17a. If you checked the ‘‘Yes’’ box,
701 through 761 and the regulations
additional information is required to be
thereunder. See Temporary Regulations
Supplemental information required
attached to this form. See Temporary
section 1.367(a)-1T(c)(3).
to be reported
Regulations section 1.6038B-1T(d).
Line 2d. For definition of “regularly
Enter any information from Part III that is
traded on an established securities
required to be reported in greater detail.
Line 17b. See Temporary Regulations
market,” see Temporary Regulations
Identify the applicable column number
section 1.6038B-1T(d).
-2-