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Department of the Treasury

Internal Revenue Service

Instructions for Form 8082

(Revised December 1995)

Notice of Inconsistent Treatment or Amended Return

(Administrative Adjustment Request (AAR))

Section references are to the Internal Revenue Code unless otherwise noted.

Paperwork Reduction Act

partnership, S corporation, or REMIC return;

amount or treatment of the item consistent

with the amount or treatment of the item on

Notice

the partnership’s, S corporation’s, or REMIC’s

2. An amended return filed with Form 8082

return may be assessed immediately. An

by a partner, shareholder, or residual interest

We ask for the information on this form to

inconsistent item can exist on either your

holder.

carry out the Internal Revenue laws of the

original or amended return.

United States. You are required to give us the

Who Must File

information. We need it to ensure that you are

Exceptions

complying with these laws and to allow us to

Note: All references to Schedule K-1 and

Do not file Form 8082:

figure and collect the right amount of tax.

Schedule Q in the following instructions also

refer to any “similar statement” you may have

1. For any amount of loss, deduction, or

The time needed to complete and file this

received from the pass-through entity as a

credit from Schedule K-1 or Schedule Q that

form will vary depending on individual

substitute for Schedule K-1 or Schedule Q.

you do not report on your return because the

circumstances. The estimated average time

amount is otherwise limited by law (such as a

is:

Generally, file Form 8082 if any one of the

loss limited by the at-risk or passive activity

following applies:

Recordkeeping

4 hr., 18 min.

rules).

1. Schedule K-1 or Schedule Q is

Learning about

2. If you are a partner, and all of the

incorrect. You believe an item was not

the law or the form

24 min.

following apply:

properly reported on the Schedule K-1

Preparing and

(including any attached schedule) you

Your partnership had no more than 10

sending the form to

received from the partnership or S

partners at any one time during the tax year.

the IRS

29 min.

corporation or the Schedule Q you received

Each partner was either an individual (other

If you have comments concerning the

from the REMIC.

than a nonresident alien) or an estate.

accuracy of these time estimates or

The same is true if you believe an item

Each partner’s proportionate share of each

suggestions for making this form simpler, we

shown on your Schedule K-1 or Schedule Q

partnership item was the same as his or her

would be happy to hear from you. See the

is incorrect but it is not an item that

proportionate share of every other item.

instructions for the tax return with which this

otherwise has to be reported on your tax

form is filed.

The partnership did not have an election in

return. For example, if you believe that the

effect under section 6231(a)(1)(B)(ii) for the tax

percentage shown as your ownership of

General Instructions

year to have the consolidated audit rules

capital at the end of the year was not

apply.

properly reflected on Schedule K-1, file Form

Purpose of Form

3. If you are a shareholder, and all of the

8082 to report this, even though you are not

Note: The term pass-through entity as used

following apply:

otherwise required to report that percentage

in these instructions means partnership,

on your tax return. If you discover this kind of

Your S corporation had no more than five

S corporation, or real estate mortgage

inconsistency after filing your original return,

shareholders at any one time during the tax

investment conduit (REMIC). The term item

file an amended return to report it. In the

year.

as used in these instructions means

space provided on the amended return for

Each shareholder was either an individual

partnership, S corporation, or REMIC item.

writing explanations, write “See attached

or an estate.

If you are a partner, S corporation

Form 8082.” In this case, no amounts need to

The S corporation did not have an election

shareholder, or the holder of a residual

be entered on the amended return if the Form

in effect under Temporary Regulations section

interest in a REMIC, you generally must

8082 item is the only reason for filing the

301.6241-1T(c)(2)(v) for the tax year to have

report items consistent with the way they

amended return.

the consolidated audit rules apply.

were reported to you by the partnership or

2. Partnership, S corporation, or REMIC

S corporation on Schedule K-1 or by the

4. If you are a residual interest holder, and

has not filed a tax return or given you a

REMIC on Schedule Q. However, there may

all of the following apply:

Schedule K-1 or Schedule Q. The

be reasons why you wish to report these

pass-through entity has not filed a tax return

Your REMIC had no more than 10 residual

items differently.

or given you a Schedule K-1 or Schedule Q

interest holders at any one time during the

Use Form 8082 to notify the IRS of any

by the time you are required to file your tax

tax year.

such inconsistency between your tax

return (including extensions), and there are

If at any time during the tax year the

treatment of an item and the way the

items you must include on your return.

REMIC had more than one residual interest

pass-through entity treated and reported the

holder, each residual interest holder was

3. Administrative Adjustment Requests

same item on its return. Also use the form to

either an individual (other than a nonresident

(AAR). You are filing Form 8082 as an AAR to

notify the IRS if you did not receive Schedule

alien) or an estate.

adjust pass-through items. This applies to an

K-1 from the partnership or S corporation or

AAR filed on behalf of a partner, shareholder,

The REMIC did not have an election in

Schedule Q from the REMIC by the due date

or residual interest holder, or to a TMP filing

effect under section 6231(a)(1)(B)(ii) for the tax

for filing your return (including extensions).

the AAR on behalf of the pass-through entity.

year to have the consolidated audit rules

Also use Form 8082 to make an

apply.

Caution: If you do not notify the IRS that you

administrative adjustment request (AAR). An

are reporting an item (Part I, line 1, box a)

Penalties

AAR is either:

inconsistently, any deficiency (including any

1. An amended return filed with Form 8082

late filing or late payment penalties applicable

If you disregard the requirements for filing

by the tax matters partner or tax matters

to the deficiency) that results from a

Form 8082, you may be subject to the

person (TMP) to correct items on the original

computational adjustment to make your

accuracy-related penalty under section 6662

Cat. No. 62051N

1295 Instructions 8082

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