Instructions For Form 8082 printable pdf download

Instructions for Form 8082

Department of the Treasury

Internal Revenue Service

(Revised January 2000)

Notice of Inconsistent Treatment or

Administrative Adjustment Request (AAR)

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

Schedule K-1. An annual schedule (or

Schedule Q, or foreign trust statement by

General Instructions

similar statement used as a substitute for

the time you are required to file your tax

return (including extensions), and there

Schedule K-1) reporting the partner's,

Purpose of Form

shareholder's, or beneficiary's share of

are items you must include on your return.

If you are a partner, S corporation

income, deductions, credits, etc., from a

Caution: If you do not notify the IRS that

shareholder, beneficiary of an estate or

partnership, S corporation, estate, or

you are reporting an item (Part I, line 1,

trust, owner of a foreign trust, or residual

domestic trust.

box a) inconsistently, any deficiency

interest holder in a real estate mortgage

Schedule Q. A quarterly schedule (or

(including any late filing or late payment

investment conduit (REMIC), you

similar statement used as a substitute for

penalties applicable to the deficiency) that

generally must report items consistent

Schedule Q) reporting the residual

results from a computational adjustment

with the way they were reported to you

interest holder's share of taxable income

to make your amount or treatment of the

on Schedule K-1, Schedule Q, or a

or net loss from the REMIC.

item consistent with the amount or

foreign trust statement. See Definitions

treatment of the item on the partnership's,

Foreign trust statement. Any of the

below. However, there may be reasons

S corporation's, estate's, trust's, or

following annual statements furnished by

why you wish to report these items

REMIC's return may be assessed

a foreign trust to its owners or

differently.

immediately. An inconsistent item can

beneficiaries:

Use Form 8082 to notify the IRS of any

exist on either your original or amended

●

Foreign Grantor Trust Owner

such inconsistency between your tax

return.

Statement,

treatment of an item and the way the

3. Administrative adjustment

●

Foreign Grantor Trust Beneficiary

pass-through entity treated and reported

request (AAR). You are filing Form 8082

Statement, or

the same item on its return. Also use the

as an AAR to adjust pass-through items.

●

Foreign Nongrantor Trust Beneficiary

form to notify the IRS if you did not

Statement.

receive Schedule K-1 from the

Who May Not File

partnership, S corporation, estate or

Do not file Form 8082:

Who Must File

domestic trust, Schedule Q from the

1. For any amount of loss, deduction,

Generally, file Form 8082 if any one of

REMIC, or a foreign trust statement from

or credit from Schedule K-1, Schedule Q,

the following applies:

the foreign trust by the due date for filing

or foreign trust statement that you do not

your return (including extensions).

1. Schedule K-1, Schedule Q, or a

report on your return because the amount

However, do not file Form 8082 as a

foreign trust statement is incorrect.

is otherwise limited by law (such as a loss

partner in an electing large partnership.

You believe an item was not properly

limited by the at-risk or passive activity

Instead, you must report all partnership

reported on (a) the Schedule K-1 you

rules).

items in a manner consistent with the way

received from the partnership, S

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

the partnership reported them on

corporation, estate, or domestic trust, (b)

following apply:

Schedule K-1 (Form 1065–B).

the Schedule Q you received from the

●

Your partnership had no more than 10

Also use Form 8082 to make an

REMIC, or (c) the foreign trust statement

partners at any one time during the tax

administrative adjustment request (AAR).

you received from the foreign trust.

year. A husband and wife (and their

An AAR is:

The same is true if you believe an item

estates) are treated as one partner.

1. A request by the tax matters partner

shown on your Schedule K-1, Schedule

●

Each partner was either an individual

or tax matters person (TMP) to correct

Q, or foreign trust statement is incorrect

(other than a nonresident alien) or an

but it is not an item that otherwise has to

items on the original partnership, S

estate (or for tax years ending after

be reported on your tax return. For

corporation (for a tax year beginning

August 5, 1997, a C corporation).

before 1997), or REMIC return.

example, if you believe that the

●

percentage shown as your ownership of

For tax years ending before August 6,

2. A request by a partner (other than

capital at the end of the year was not

1997, each partner's proportionate share

a partner in an electing large partnership),

properly reflected on Schedule K-1, file

of each partnership item was the same

shareholder (for a tax year beginning

Form 8082 to report this, even though you

as his or her proportionate share of every

before 1997), or residual interest holder

are not otherwise required to report that

other item.

to correct pass-through items on that

percentage on your tax return. If you

●

The partnership did not have an

person's income tax return.

discover this kind of inconsistency after

election in effect under section

3. A request by an electing large

filing your original return, file an amended

6231(a)(1)(B)(ii) for the tax year to have

partnership to correct items on the original

return to report it. In the space provided

the consolidated audit rules apply.

partnership return.

on the amended return for writing

3. If you are a shareholder in an S

Definitions

explanations, write “See attached Form

corporation for a tax year beginning

8082.” In this case, no amounts need to

before 1997, and all of the following

Pass-through entity. A partnership

be entered on the amended return if the

apply:

(including an electing large partnership),

Form 8082 item is the only reason for

S corporation, estate, trust, or REMIC.

●

Your S corporation had no more than

filing the amended return.

five shareholders at any one time during

Item. Any item of a partnership, S

2. Partnership, S corporation,

the tax year.

corporation, estate, trust, or REMIC

estate, trust, or REMIC has not filed a

●

Each shareholder was either an

required to be taken into account for the

tax return or given you a Schedule K-1,

pass-through entity's tax year by the

individual or an estate.

Schedule Q, or foreign trust statement.

partners, shareholders, beneficiaries,

●

The S corporation did not have an

The pass-through entity has not filed a tax

owners, or residual interest holders of that

election in effect under Temporary

return or given you a Schedule K-1,

pass-through entity.

Cat. No. 62051N

Instructions For Form 8082

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