Instructions For Form 8082 printable pdf download

Department of the Treasury

Internal Revenue Service

Instructions for Form 8082

(Revised February 1993)

Notice of Inconsistent Treatment or Amended Return

(Administrative Adjustment Request (AAR))

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

General Instructions

partnership, S corporation, or REMIC return;

The last day for filing the pass-through

entity return for such year (excluding

Paperwork Reduction Act Notice

extensions); and

2. An amended return filed with Form 8082

We ask for the information on this form to

by a partner, shareholder, or residual interest

b. Before a notice of final pass-through

holder.

entity administrative adjustment for the tax

carry out the Internal Revenue laws of the

year is mailed to the TMP.

United States. You are required to give us the

Who Must File

information. We need it to ensure that you are

A partnership return or a REMIC return is

complying with these laws and to allow us to

Note: All references to Schedule K-1 and

generally due by the 15th day of the 4th

figure and collect the right amount of tax.

Schedule Q in the following instructions also

month following the close of the partnership’s

refer to any “similar statement” you may have

The time needed to complete and file this

or REMIC’s tax year. An S corporation return

received from the pass-through entity as a

is generally due by the 15th day of the 3rd

form will vary depending on individual

substitute for Schedule K-1 or Schedule Q.

month following the close of the

circumstances. The estimated average time

S corporation’s tax year.

is:

Generally, file Form 8082 if any one of the

following applies:

Caution: If you do not notify the IRS that you

Recordkeeping

4 hr., 18 min.

1. Schedule K-1 or Schedule Q is

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

Learning about

incorrect. You believe an item was not

inconsistently, any deficiency (including any

the law or the form

24 min.

properly reported on the Schedule K-1

late filing or late payment penalties applicable

Preparing and

(including any attached schedule) you

to the deficiency) that results from a

sending the form to

received from the partnership or S

computational adjustment to make your

the IRS

29 min.

corporation or the Schedule Q you received

amount or treatment of the item consistent

from the REMIC.

with the amount or treatment of the item on

If you have comments concerning the

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

accuracy of these time estimates or

The same is true if you believe an item

return may be assessed immediately. An

suggestions for making this form more

shown on your Schedule K-1 or Schedule Q

inconsistent item can exist on either your

simple, we would be happy to hear from you.

is incorrect but it is not an item that

original or amended return.

You can write to both the IRS and the Office

otherwise has to be reported on your tax

of Management and Budget at the addresses

return. For example, if you believe that the

Exceptions

listed in the instructions for the tax return

percentage shown as your ownership of

Do not file Form 8082:

with which this form is filed.

capital at the end of the year was not

properly reflected on Schedule K-1, file Form

1. For any amount of loss, deduction, or

Purpose of Form

8082 to report this, even though you are not

credit from Schedule K-1 or Schedule Q that

otherwise required to report that percentage

you do not report on your return because the

Note: The term pass-through entity as used

on your tax return. If you discover this kind of

amount is otherwise limited by law (such as a

in these instructions means partnership,

inconsistency after filing your original return,

loss limited by the at-risk or passive activity

S corporation, or REMIC (real estate mortgage

file an amended return to report it. In the

rules).

investment conduit). The term item as used in

space provided on the amended return for

these instructions means partnership,

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

writing explanations, write “See attached

S corporation, or REMIC item.

following apply:

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

If you are a partner, S corporation

Your partnership had no more than 10

be entered on the amended return if the Form

shareholder, or the holder of a residual

partners at any one time during the tax year.

8082 item is the only reason for filing the

interest in a REMIC, you generally must

Each partner was either an individual (other

amended return.

report items consistent with the way they

than a nonresident alien) or an estate.

2. Partnership, S corporation, or REMIC

were reported to you by the partnership or

Each partner’s proportionate share of each

has not filed a tax return or given you a

S corporation on Schedule K-1 or by the

partnership item was the same as his or her

Schedule K-1 or Schedule Q. The

REMIC on Schedule Q. However, there may

proportionate share of every other item.

pass-through entity has not filed a tax return

be reasons why you wish to report these

or given you a Schedule K-1 or Schedule Q

items differently.

The partnership did not have an election in

by the time you are required to file your tax

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

Use Form 8082 to notify the IRS of any

return (including extensions), and there are

year to have the consolidated audit rules

such inconsistency between your tax

items you must include on your return.

apply.

treatment of an item, and the way the

3. Administrative Adjustment Requests

pass-through entity treated and reported the

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

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

same item on its return. Also use the form to

following apply:

adjust pass-through items. This applies to an

notify the IRS if you did not receive Schedule

Your S corporation had no more than five

AAR filed on behalf of a partner, shareholder,

K-1 from the partnership or S corporation or

shareholders at any one time during the tax

or residual interest holder, or to a TMP filing

Schedule Q from the REMIC by the due date

year.

the AAR on behalf of the pass-through entity.

for filing your return (including extensions).

Each shareholder was either an individual

Generally, you may file an amended return

Form 8082 is also used to make an

or an estate.

to change items from a pass-through entity at

administrative adjustment request (AAR). An

The S corporation did not have an election

any time that is:

AAR is either:

in effect under Temporary Regulations section

a. Within 3 years after the later of:

1. An amended return filed with Form 8082

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

by the tax matters partner or tax matters

The date on which the pass-through entity

the consolidated audit rules apply.

person (TMP) to correct items on the original

return for such year is filed, or

Cat. No. 62051N

Instructions For Form 8082

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