Form 8893 - Election Of Partnership Level Tax Treatment Page 2

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Form 8893 (Rev. 9-2017)
Page
What’s New
Signing the Form
The election made with this form is available only for partnership
Each partner who was a partner in the partnership during the
tax years beginning before January 1, 2018, and for tax years in
tax year for which the election is filed must sign the form. This
which no election under Temporary Regulations section
includes all partners during the year, not just those who are
301.9100-22T is in effect.
partners at the end of the year.
A husband and wife are generally considered as one partner,
General Instructions
and should both sign the election. Corporate partners should
name the corporation, with the signature of the appropriate
Section references are to the Internal Revenue Code unless
corporate officer. Attach a continuation sheet if more signature
otherwise noted.
space is needed.
Purpose of Form
Paperwork Reduction Act Notice
Form 8893 is used only by small partnerships electing the
unified audit and litigation procedures as set forth in section
We ask for the information on this form to carry out the Internal
6231(a)(1)(B)(ii) (prior to amendment by BBA). A “small
Revenue laws of the United States. You are required to give us
partnership” is defined as any partnership having 10 or fewer
the information. We need it to ensure that you are complying
partners each of whom is an individual (other than a nonresident
with these laws and to allow us to figure and collect the right
alien), a C corporation, or an estate of a deceased partner. For
amount of tax.
this purpose, a husband and wife (and their estates) are treated
You are not required to provide the information requested on
as one partner.
a form that is subject to the Paperwork Reduction Act unless
How To File
the form displays a valid OMB control number. Books or
records relating to a form or its instructions must be retained as
This form must be attached to the partnership return for the tax
long as their contents may become material in the
year shown and must be filed by the due date of the return
administration of any Internal Revenue law. Generally, tax
(including extensions). If the partnership files Form 1065 on
returns and return information are confidential, as required by
time, the election can be made on an amended return filed no
section 6103.
later than 6 months after the due date (excluding extensions) of
The time needed to complete and file this form will vary
the original return. Write “FILED PURSUANT TO SECTION
depending on individual circumstances. The estimated burden
301.9100-2” in the top margin of the amended return and file it
for business taxpayers filing this form is approved under OMB
at the same address the original return was filed.
control number 1545-0123 and is included in the estimates
The election will be effective for the partnership tax year to
shown in the instructions for their business income tax return.
which the return relates and all subsequent tax years unless
revoked with IRS consent. However, the election will not be
effective for tax years beginning after 2017. A revocation of the
election can be requested by filing Form 8894, Request to
Revoke Partnership Level Tax Treatment Election.

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