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

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about EFTPS, call 1-800-555-4477. To
If the RIC does not use EFTPS, use the
Other penalties. Other penalties can be
enroll online, visit
deposit coupons (Forms 8109) to make
imposed for negligence, substantial
deposits of estimated tax.
understatement of tax, reportable
Depositing on time. For EFTPS
If the RIC overpaid its estimated tax, it
transaction understatements, and fraud.
deposits to be made timely, the RIC must
may be able to get a quick refund by filing
See sections 6662, 6662A, and 6663.
initiate the transaction at least 1 business
Form 4466, Corporation Application for
day before the date the deposit is due.
Accounting Methods
Quick Refund of Overpayment of
Deposits With Form 8109
Estimated Tax. The overpayment must be
Figure taxable income using the method
at least 10% of the RIC’s expected
If the RIC does not use EFTPS, deposit
of accounting regularly used in keeping
income tax liability and at least $500.
RIC income tax payments (and estimated
the RIC’s books and records. In all cases,
tax payments) with Form 8109, Federal
the method used must clearly reflect
For more information, including
Tax Deposit Coupon. If the RIC does not
taxable income.
penalties, see the instructions for line 29,
have a preprinted Form 8109, use Form
Estimated tax penalty, on page 10.
Generally, permissible methods
8109-B to make deposits. You can get
include:
this form by calling 1-800-829-4933 or
Interest and Penalties
Cash,
visiting an IRS taxpayer assistance
Accrual, or
Interest. Interest is charged on taxes
center. Have the RIC’s EIN ready when
Any other method authorized by the
paid late even if an extension of time to
you call or visit.
Internal Revenue Code.
file is granted. Interest is also charged on
Do not send deposits directly to an IRS
Accrual method. Generally, a RIC must
penalties imposed for failure to file,
office; otherwise, the RIC may have to
use the accrual method of accounting if
negligence, fraud, substantial valuation
pay a penalty. Mail or deliver the
its average annual gross receipts exceed
misstatements, substantial
completed Form 8109 with the payment
$5 million. See section 448(c).
understatements of tax, and reportable
to an authorized depositary (such as a
transaction understatements from the due
Under the accrual method, an amount
commercial bank or other financial
date (including extensions) to the date of
is includible in income when:
institution authorized to accept federal tax
payment. The interest charge is figured at
1. All the events have occurred that fix
deposits). Make checks or money orders
a rate determined under section 6621.
the right to receive the income, which is
payable to the depositary.
Late filing of return. A RIC that does
the earliest of the date:
If the RIC prefers, it may mail the
not file its tax return by the due date,
a. the required performance takes
coupon and payment to: Financial Agent,
including extensions, may be penalized
place,
Federal Tax Deposit Processing, P.O.
5% of the unpaid tax for each month or
b. payment is due, or
Box 970030, St. Louis, MO 63197. Make
part of a month the return is late, up to a
c. payment is received, and
the check or money order payable to
maximum of 25% of the unpaid tax. The
2. The amount can be determined
“Financial Agent.”
minimum penalty for a return that is over
with reasonable accuracy.
To help ensure proper crediting, enter:
60 days late is the smaller of the tax due
the RIC’s EIN,
or $135. The penalty will not be imposed
See Regulations section 1.451-1(a)
the tax period to which the deposit
if the RIC can show that the failure to file
and Pub. 538, Accounting Periods and
applies, and
on time was due to reasonable cause.
Methods, for details.
“Form 1120-RIC” on the check or
RICs that file late should attach a
Mark-to-market accounting method.
money order.
statement explaining the reasonable
Generally, dealers in securities must use
Darken the “1120” box under “Type of
cause.
the mark-to-market accounting method
Tax” and the appropriate “Quarter” box
described in section 475. Under this
Late payment of tax. A RIC that does
under “Tax Period” on the coupon.
method, any security that is inventory to
not pay the tax when due generally may
Records of these deposits will be sent to
the dealer must be held at its fair market
be penalized
1
/
of 1% of the unpaid tax
2
the IRS. For more information, see
value (FMV).
for each month or part of a month the tax
“Marking the Proper Tax Period” in the
is not paid, up to a maximum of 25% of
Any security held by a dealer that is
Instructions for Form 8109.
the unpaid tax. The penalty will not be
not inventory and held at the close of the
For more information on deposits, see
imposed if the RIC can show that the
tax year is treated as sold at its FMV on
the instructions in the coupon booklet
failure to pay on time was due to
the last business day of the tax year. Any
(Form 8109) and Pub. 583, Starting a
reasonable cause.
resulting gain or loss must be taken into
Business and Keeping Records.
account that year in determining gross
Trust fund recovery penalty. This
income. The gain or loss taken into
If the RIC owes tax when it files
penalty may apply if certain excise,
!
account is generally treated as ordinary
Form 1120-RIC, do not include the
income, social security, and Medicare
gain or loss.
payment with the tax return.
taxes that must be collected or withheld
CAUTION
Instead, mail or deliver the payment with
are not collected or withheld, or these
For details, including exceptions, see
Form 8109 to an authorized depositary or
taxes are not paid. These taxes are
section 475, the related regulations, and
use EFTPS, if applicable.
generally reported on:
Rev. Rul. 94-7, 1994-1 C.B. 151.
Form 720, Quarterly Federal Excise
Dealers in commodities and traders in
Estimated Tax Payments
Tax Return;
securities and commodities may elect,
Form 941, Employer’s Quarterly
Generally, the following rules apply to the
with some exceptions, to use the
Federal Tax Return; or
RIC’s payments of estimated tax.
mark-to-market accounting method. To
Form 945, Annual Return of Withheld
The RIC must make installment
make the election, the RIC must file a
Federal Income Tax.
payments of estimated tax if it expects its
statement describing the election, the first
total tax for the year (less applicable
The trust fund recovery penalty may
tax year the election is to be effective,
credits) to be $500 or more.
be imposed on all persons who are
and in the case of an election for traders
The installments are due by the 15th
determined by the IRS to have been
in securities or commodities, the trade or
day of the 4th, 6th, 9th, and 12th months
responsible for collecting, accounting for,
business for which the election is made.
of the tax year. If any date falls on a
and paying over these taxes, and who
Except for new taxpayers, the statement
Saturday, Sunday, or legal holiday, the
acted willfully in not doing so. The penalty
must be filed by the due date (not
installment is due on the next regular
is equal to the unpaid trust fund tax. See
including extensions) of the income tax
business day.
the Instructions for Form 720, or Pub. 15
return for the tax year immediately
Use Form 1120-W, Estimated Tax for
(Circular E), Employer’s Tax Guide, for
preceding the election year and attached
Corporations, as a worksheet to compute
details, including the definition of
to that return, or if applicable, to a request
estimated tax.
responsible persons.
for an extension of time to file that return.
-4-

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