Form 8752 - Required Payment Or Refund Under Section 7519 - 2017 Page 2

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Form 8752 (2017)
Page
General Instructions
An entity without a principal office or agency or principal place of
business in the United States must file Form 8752 with the Internal
Section references are to the Internal Revenue Code unless
Revenue Service Center, P.O. Box 409101, Ogden, UT 84409.
otherwise noted.
Penalties. If the required payment isn’t made by the due date, the
Future developments. For the latest information about
entity may have to pay a penalty equal to 10% of the
developments related to Form 8752 and its instructions, such as
underpayment. For this purpose, “underpayment” means the
legislation enacted after they were published, go to
excess of the required payment over the amount (if any) of such
payment made on or before the due date for the applicable election
year. The penalty will not be imposed if the entity can show that the
Purpose of form. Partnerships and S corporations use Form 8752
failure to pay on time was due to reasonable cause and not willful
to figure and report the payment required under section 7519 or to
neglect. If you include this penalty with the entity’s payment, identify
obtain a refund of net prior year payments.
and enter the penalty amount in the bottom margin of page 1. Don’t
Section 7519 payments are required of any partnership or
include the penalty in the Required payment due space on line 11.
S corporation that has elected under section 444 to have a tax year
Other penalties may also apply. If the entity receives a notice about
other than a required tax year.
a penalty after it files Form 8752, the entity should send us an
explanation and we will determine if the entity meets reasonable
Who must file. A partnership or S corporation must file Form 8752
cause criteria. Do not attach an explanation when filing Form 8752.
if it made a section 444 election by filing Form 8716, Election To
Have a Tax Year Other Than a Required Tax Year, and its election is
Amended return. To correct an error in a Form 8752 already filed,
in effect for the tax year. A partnership or S corporation that
file an amended Form 8752 and write “Amended Return” across the
terminates its section 444 election or liquidates must also file Form
top.
8752 to claim a refund of its net required payment balance. Form
8752 must be filed for each year the section 444 election is in effect,
Specific Instructions
even if the required payment for the applicable election year is zero.
See section 7519(c) for details.
For the applicable election year beginning in 2017, enter the ending
date of the base year ending in 2017. See the definitions of
Don’t file Form 8752 for a personal service corporation (as
applicable election year and base year under Line 1. Net income for
defined in Regulations section 1.441-3). Instead, file Schedule H
base year below.
(Form 1120), Section 280H Limitations for a Personal Service
Address. Include the suite, room, or other unit number after the
Corporation (PSC), with the corporation’s income tax return.
street address. If the Post Office doesn’t deliver mail to the street
When to file. For applicable election years beginning in 2017, Form
address and the entity has a P.O. box, show the box number
8752 must be filed and the required payment made on or before
instead of the street address.
May 15, 2018.
Item B. If an applicable election year is the entity’s first year of
For your base year ending in 2017, you must use the
!
existence (that is, it is a newly formed entity and therefore doesn’t
2017 Form 8752. You can’t use the 2017 Form 8752 for
have a base year), the required payment is zero.
your base year ending in 2018.
Item C. If the entity terminated its section 444 election and the
CAUTION
termination took effect for a tax year ending in 2017, or the entity
However, Temporary Regulations section 1.444-3T(b)(4)(iii)
liquidated during a tax year ending in 2017, check this box. The
provides a special rule that extends the due date for filing Form
entity should claim a full refund of the net required payment balance
8752 and making the required payment related to certain back-up
shown on line 10. See section 7519(c)(3) to determine when you are
section 444 elections.
eligible for the refund.
Where to file. File Form 8752 at the applicable IRS address listed
A partnership’s section 444 election ends if the partnership
below.
changes its accounting period to its required tax year or some other
permitted year, it is penalized for willfully failing to comply with the
If the entity’s principal place of
requirements of section 7519, or it becomes a member of a tiered
business or principal office
structure and the same tax year exception doesn’t apply (see
or agency
Temporary Regulations section 1.444-2T for more about tiered
Use the following address
is located in
structures).
An S corporation’s section 444 election ends if it changes its
Connecticut, Delaware, District of
accounting period to a calendar year or some other permitted year,
Columbia, Florida, Georgia,
it is penalized for willfully failing to comply with the requirements of
Illinois, Indiana, Kentucky, Maine,
section 7519, it becomes a member of a tiered structure and the
Department of
Maryland, Massachusetts,
same tax year exception doesn't apply (see Temporary Regulations
the Treasury,
Michigan, New Hampshire, New
section 1.444-2T), or its S corporation election terminates (unless it
Internal Revenue
Jersey, New York, North Carolina,
immediately becomes a personal service corporation).
Service Center,
Ohio, Pennsylvania,
Cincinnati, OH 45999
See Temporary Regulations section 1.444-1T(a)(5)(ii) for the
Rhode Island, South Carolina,
effective date of the termination of a section 444 election.
Tennessee, Vermont, Virginia,
West Virginia, Wisconsin
Once a section 444 election is terminated, the entity may never
make another section 444 election.
Alabama, Alaska, Arizona,
Line 1. Net income for base year. The term “base year” means the
Arkansas, California, Colorado,
tax year preceding the applicable election year. Any tax year for
Department of
Hawaii, Idaho, Iowa, Kansas,
which a section 444 election is in effect, including the first tax year
the Treasury,
Louisiana, Minnesota,
the section 444 election is made, is an applicable election year. For
Internal Revenue
Mississippi, Missouri, Montana,
example, if you are completing Form 8752 for the applicable
Service Center,
Nebraska, Nevada, New Mexico,
election year beginning October 1, 2017, and ending September 30,
Ogden, UT 84201
North Dakota, Oklahoma, Oregon,
2018, the base year is the tax year beginning October 1, 2016, and
South Dakota, Texas, Utah,
ending September 30, 2017.
Washington, Wyoming

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