Instructions For Form 8082 (Page 3 of 3) in pdf

2. The pass-through entity has not

Lines 3 through 8. Generally, the

statement was not properly reported,

filed a tax return or given you a Schedule

information for these lines can be found

state how you think the item should be

K-1, Schedule Q, or foreign trust

on Schedule K-1, Schedule Q, or foreign

treated and why.

statement by the time you are required to

trust statement. Skip line 6 if no tax

2. If the pass-through entity has not

file your tax return (including extensions).

shelter registration number is reported on

filed a tax return by the time you are

Schedule K-1 or if you are filing as the

Check box (b) if you are filing an AAR

required to file your tax return, enter as

holder of a residual interest in a REMIC.

on which you are changing the amount

the explanation, “Partnership (S

The tax year of a REMIC (line 8) always

or treatment of any item from the way you

corporation, Estate, Trust, or REMIC)

ends on December 31.

reported it on your return, or in the case

return not filed.”

of a TMP, the pass-through entity return

3. If the pass-through entity did not

Part II

as originally filed or as you later amended

give you a Schedule K-1, Schedule Q, or

Column (a). If you received a Schedule

it.

foreign trust statement by the time you are

K-1, Schedule Q, or foreign trust

required to file your tax return, enter as

Check boxes (a) and (b) if you are

statement, enter the line number and

reporting an item on your AAR differently

the explanation “Schedule K-1 (Schedule

description shown on the form. Otherwise,

from the way that you reported the item

Q or foreign trust statement) not

enter a complete description of the item.

on your original return and inconsistently

received.”

with the way the pass-through entity

Column (b). If you believe that the

4. If you are filing an AAR on which

amount of any item shown on Schedule

reported the item.

you are changing the amount or treatment

K-1, Schedule Q, or foreign trust

Line 2. A substituted return is an

of any item on your original return, explain

statement was not properly reported,

amended return in which the TMP

why you are changing the item.

check “Amount of item.”

requests that the treatment of an item

5. If you believe an item was omitted

shown on the AAR be substituted for the

If you believe that the treatment of any

from Schedule K-1, Schedule Q, or

treatment of the item on the pass-through

item was not properly reported (e.g., a

foreign trust statement, enter as the

entity's return. If the IRS allows

long-term capital loss that a partner thinks

explanation “Item was omitted from

should be an ordinary loss), check

substituted return treatment, the changes

Schedule K-1 (Schedule Q or foreign trust

“Treatment of item.”

shown on the amended return will be

statement).”

treated as corrections of mathematical or

Check both parts of column (b) if either

clerical errors, and the IRS may credit or

1 or 2 below applies:

refund any overpayment of tax to the

1. You believe that both the amount

Paperwork Reduction Act Notice. We

partners, shareholders, or residual

and treatment of the item shown on

ask for the information on this form to

interest holders based on the amended

Schedule K-1, Schedule Q, or foreign

carry out the Internal Revenue laws of the

return or assess any resulting tax without

trust statement were not properly

United States. You are required to give

a deficiency or entity level proceeding.

reported, or you believe an item was

us the information. We need it to ensure

If the request is not treated as a

omitted from the form; or

that you are complying with these laws

substituted return, the IRS may credit or

2. The pass-through entity did not file

and to allow us to figure and collect the

refund any overpayment of tax to the

a return or give you a Schedule K-1,

right amount of tax.

partners, shareholders, or residual

Schedule Q, or foreign trust statement.

You are not required to provide the

interest holders per the request; conduct

information requested on a form that is

Note: If you check only “Treatment of

an examination of the pass-through

subject to the Paperwork Reduction Act

item,” you do not need to complete

entity's return; or take no action on the

unless the form displays a valid OMB

columns (d) and (e).

request. When a request is not treated as

control number. Books or records relating

Column (c). If you attach Form 8082 to

a substituted return, the IRS cannot

to a form or its instructions must be

your original return, enter the amount as

assess tax without a deficiency or entity

retained as long as their contents may

shown on the Schedule K-1, Schedule Q,

level proceeding.

become material in the administration of

or foreign trust statement you received.

In either case, if you are a TMP filing

any Internal Revenue law. Generally, tax

If you attach Form 8082 to your

an AAR, file an amended Form 1065,

returns and return information are

amended return, enter the amount as

Form 1120S, or Form 1066, but do not

confidential, as required by section 6103.

shown on your original return or as you

enter any amounts on the form itself.

The time needed to complete and file

last amended it prior to the current

Attach Form 8082, answer the question

this form will vary depending on individual

amendment.

on line 2, and identify the amount and

circumstances. The estimated average

If the pass-through entity did not file a

treatment of any item you are changing

time is:

return, or if you did not receive a

from the way it was reported on the

Schedule K-1, Schedule Q, or foreign

original return. The TMP must sign the

Recordkeeping ......................... 4 hr., 18 min.

trust statement, or if you are reporting

amended return.

Learning about the law or the

items that you believe were omitted, enter

If you are requesting substituted return

form ...........................................

42 min.

zero in column (c).

treatment, enter in the top margin of the

Preparing and sending the

amended return “See attached Form 8082

form to the IRS ........................

48 min.

Part III

for AAR per IRC section 6227(c)(1).” If

If you have comments concerning the

Explain in detail the reasons you are

you are not requesting substituted return

accuracy of these time estimates or

reporting an inconsistent or amended item

treatment, enter “See attached Form 8082

suggestions for making this form simpler,

as follows:

for AAR per IRC section 6227(c)(2).”

we would be happy to hear from you. See

1. If you believe that the amount or

Attach amended Schedules K-1 or

the instructions for the tax return with

treatment of any item shown on Schedule

Schedules Q showing the corrected

which this form is filed.

K-1, Schedule Q, or foreign trust

amounts for each partner, shareholder,

or residual interest holder.

Page 3

Instructions For Form 8082 Page 3

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