Form 8752 - Required Payment Or Refund Under Section 7519 - 2015 Page 2
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Form 8752 (2015)
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. See
section 7519(c) for details.
Specific Instructions
Don't file Form 8752 for a personal service corporation (as
For the applicable election year beginning in 2015, enter the ending
defined in Regulations section 1.441-3). Instead, file Schedule H
date of the base year ending in 2015. See the definitions of
(Form 1120), Section 280H Limitations for a Personal Service
applicable election year and base year under Line 1. Net income for
Corporation (PSC), with the corporation’s income tax return.
base year below.
When to file. For applicable election years beginning in 2015, Form
Address. Include the suite, room, or other unit number after the
8752 must be filed and the required payment made on or before
street address. If the Post Office doesn't deliver mail to the street
May 16, 2016.
address and the entity has a P.O. box, show the box number
For your base year ending in 2015, you must use the
▲
instead of the street address.
!
2015 Form 8752. You can't use the 2015 Form 8752 for
Item B. If an applicable election year is the entity’s first year of
your base year ending in 2016.
existence (that is, it is a newly formed entity and therefore doesn't
CAUTION
have a base year), the required payment is zero.
However, Temporary Regulations section 1.444-3T(b)(4)(iii)
Item C. If the entity terminated its section 444 election and the
provides a special rule that extends the due date for filing Form
termination took effect for a tax year ending in 2015, or the entity
8752 and making the required payment related to certain back-up
liquidated during a tax year ending in 2015, check this box. The
section 444 elections.
entity should claim a full refund of the net required payment balance
Where to file. File Form 8752 at the applicable IRS address listed
shown on line 10. See section 7519(c)(3) to determine when you are
below.
eligible for the refund.
A partnership’s section 444 election ends if the partnership
If the entity’s principal place of
changes its accounting period to its required tax year or some other
business or principal office
permitted year, it is penalized for willfully failing to comply with the
or agency
requirements of section 7519, or it becomes a member of a tiered
Use the following address
is located in
structure and the same tax year exception doesn't apply (see
▼
▼
Temporary Regulations section 1.444-2T for more about tiered
structures).
Connecticut, Delaware, District of
Columbia, Florida, Georgia,
An S corporation’s section 444 election ends if it changes its
Illinois, Indiana, Kentucky, Maine,
accounting period to a calendar year or some other permitted year,
Department of
Maryland, Massachusetts,
it is penalized for willfully failing to comply with the requirements of
the Treasury,
Michigan, New Hampshire, New
section 7519, it becomes a member of a tiered structure and the
Internal Revenue
Jersey, New York, North Carolina,
same tax year exception doesn't apply (see Temporary Regulations
Service Center,
Ohio, Pennsylvania,
section 1.444-2T), or its S corporation election terminates (unless it
Cincinnati, OH 45999
Rhode Island, South Carolina,
immediately becomes a personal service corporation).
Tennessee, Vermont, Virginia,
See Temporary Regulations section 1.444-1T(a)(5)(ii) for the
West Virginia, Wisconsin
effective date of the termination of a section 444 election.
Once a section 444 election is terminated, the entity may never
Alabama, Alaska, Arizona,
make another section 444 election.
Arkansas, California, Colorado,
Department of
Hawaii, Idaho, Iowa, Kansas,
Line 1. Net income for base year. The term “base year” means the
the Treasury,
Louisiana, Minnesota,
tax year preceding the applicable election year. Any tax year for
Internal Revenue
Mississippi, Missouri, Montana,
which a section 444 election is in effect, including the first tax year
Service Center,
Nebraska, Nevada, New Mexico,
the section 444 election is made, is an applicable election year. For
Ogden, UT 84201
North Dakota, Oklahoma, Oregon,
example, if you are completing Form 8752 for the applicable
South Dakota, Texas, Utah,
election year beginning October 1, 2015, and ending September 30,
Washington, Wyoming
2016, the base year is the tax year beginning October 1, 2014, and
ending September 30, 2015.
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