Instructions For Form 8918 - Material Advisor Disclosure Statement

Item C

Line 5

tax benefits expected to result from the

transaction, describe any tax result

Answer “Yes” if this is the original Form

If more than one material advisor is

protection with respect to the transaction,

8918 for this reportable transaction. If this

required to disclose a reportable

and identify and describe the transaction

is an amendment to a previously filed

transaction under this section, the material

in sufficient detail for the IRS to be able to

Form 8918 for the reportable transaction,

advisors may designate by written

understand the tax structure of the

answer “No” and enter the reportable

agreement a single material advisor to

reportable transaction. A Form 8918

transaction number previously provided

disclose the transaction. The transaction

containing a statement that information will

for the reportable transaction by the IRS.

must be disclosed by the last day of the

be provided upon request is not

month following the end of the calendar

Amended statement. An amended

considered a complete disclosure

quarter that includes the earliest date on

statement must be filed if information

statement.

which a material advisor who is a party to

previously provided is no longer accurate,

the agreement became a material advisor

If the information required exceeds the

if additional information that was not

to the transaction.

space provided, complete as much

disclosed becomes available, or if there

information as possible in the available

are material changes to the transaction.

The designation of one material

space and attach the remaining

advisor to disclose the transaction

Line 1

information on additional sheets. The

does not relieve the other material

additional sheets must be in the same

CAUTION

Enter the name, if any, by which the

advisors of the obligation to disclose the

order as the lines to which they

transaction is known or commonly referred

transaction to the IRS in accordance with

correspond. You must also include your

to by either yourself or published

these instructions, if the designated

name and identifying number at the top of

guidance. If no name exists, provide a

material advisor fails to disclose the

each additional sheet. Do not write “See

short identifying description of this

transaction to the IRS in a timely manner.

Attached” on the form and provide all the

transaction that distinguishes it from other

information on an attached statement.

Line 6a

reportable transactions in which you have

participated (or may participate in the

Material Advisor Identifying

Provide a concise statement indicating

future). Do not report more than one

Information

your role as a material advisor to this

transaction on this form unless the

transaction. See

Who Is a Material

transactions are the same or substantially

Individuals. If the material advisor is an

Advisor, earlier. If you are filing a

similar. See

Substantially

Similar, earlier.

individual, enter the first name, middle

protective disclosure, you must explain

initial (if any), and last name; the social

Line 2

why you believe you are not a material

security number; the phone number; and

advisor. If you need more space, follow

Check the box(es) for all categories that

the complete address.

the instructions under

How To Complete

apply to the transaction being reported.

Form

8918, earlier.

Entities. If the material advisor is an

The reportable transaction categories are

entity, enter the full name of the entity as

Lines 7a and 7b

described under

What Is a Reportable

shown on its income tax return, the

Transaction, earlier.

Check the box(es) for all categories that

employer identification number, and the

apply to the transaction being reported.

If the transaction is a listed

complete address. See Item A for contact

transaction, you must check the

Indicate the related parties that are

information.

needed and how they are related. Indicate

listed transaction box in addition

CAUTION

Item A

the role of tax-exempt entities if they are

to any others that apply.

required for the transaction. In addition, if

Contact information. If the material

Line 3

a foreign entity is required, indicate how

advisor is an entity, list the name of a

and why the foreign entity is used, along

Identify the notice, revenue ruling,

contact person along with a contact

with which country is used if a particular

regulation (for example, Notice 2003-81,

telephone number. If the material advisor

country is required for the transaction. If

modified and supplemented by Notice

is an individual, you may disregard this

you need more space, follow the

2007-71), announcement, or other

line.

instructions under

How To Complete Form

published guidance that identified the

Item B

8918, earlier.

transaction as a listed transaction or

transaction of interest. For listed

Line 9

Protective disclosure. Indicate if you

transactions, identify the guidance as

are filing on a protective basis by checking

Identify the types of financial instruments

shown in Notice 2009-59 or later IRS

the appropriate box. If you are uncertain if

required by the transaction (loan, stocks,

guidance.

a transaction must be disclosed, check the

bonds, notes, original issue discounts,

“Yes” box and disclose the transaction in

Line 4

domestic and foreign currency

accordance with these instructions.

agreements, swaps, futures, notional

Enter the latest of the following dates.

principal contracts, options, input or risk

On line 6a, you must explain why you

The date you made a tax statement with

hedges, etc.). If you need more space,

are filing the disclosure on a protective

regard to the transaction.

follow the instructions under

How To

basis. Generally, the IRS will not treat

The date you received or had an

Complete Form

8918, earlier.

disclosure statements filed on a protective

expectation that you would receive gross

basis any differently than other disclosure

Line 10

income in excess of the threshold amount

statements filed on Form 8918. An

(defined earlier).

Check all the boxes that apply for the tax

incomplete form containing a statement

The date the transaction was entered

benefits expected from the transaction. A

that information will be provided on

into by the taxpayer.

tax benefit includes deductions,

request is not a complete disclosure

The date the transaction became a

exclusions from gross income,

statement. For a protective disclosure to

listed transaction or transaction of interest.

nonrecognition of gain, tax credits,

be effective, you must properly complete

The latest of these dates is the date you

adjustments (or the absence of

Form 8918 and provide all required

became a material advisor. See

Date you

adjustments) to the basis of property,

information. See

How To Complete Form

became a material

advisor, earlier.

status as an entity exempt from federal

8918, earlier, for more information.

income taxation, and any other tax

Instructions for Form 8918 Rev. 06-2017

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Instructions For Form 8918 - Material Advisor Disclosure Statement - 2017 Page 5

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