Form 8082 - Instructions For Form printable pdf download

Instructions for Form 8082

Department of the Treasury

Internal Revenue Service

(Rev. December 2011)

Notice of Inconsistent Treatment or

Administrative Adjustment Request (AAR)

Who Must File

partnership. Instead you must report all

Section references are to the Internal

partnership items in a manner consistent

Revenue Code unless otherwise noted.

Notice of inconsistent treatment.

with the way the partnership reported

What’s New

Generally, file Form 8082 if:

them on Schedule K-1 (Form 1065-B).

1. You believe an item was not

1. Form 8082 will no longer be used

Administrative adjustment request

properly reported on the Schedule K-1

by REMICs to amend their returns or to

(AAR). Form 8082 is also used as an

you received from the partnership, S

make administrative adjustment requests.

administrative adjustment request to

corporation, estate, or domestic trust, the

Instead, REMICs will now use new Form

correct a previously filed return. An AAR

Schedule Q you received from the

1065X, Amended Return or

is:

REMIC, or the foreign trust statement you

Administrative Adjustment Request

1. A request by the tax matters

received from the foreign trust.

(AAR). See Form 1065X and its

partner (TMP) to correct items on the

The same is true if you believe an item

instructions for more information.

original partnership return.

shown on your schedule or statement is

2. Partnerships not electronically filing

2. A request by a partner (other than a

incorrect but it is not an item that

an amended return or making an

partner in an electing large partnership),

otherwise has to be reported on your tax

administrative adjustment request will no

or residual interest holder to correct

return. For example, if you believe that

longer use Form 8082 to amend their

pass-through items on that person’s

the percentage shown as your ownership

returns or make administrative adjustment

income tax return.

of capital at the end of the year was not

requests. Instead, these partnerships will

3. A request by an electing large

properly reflected on Schedule K-1, file

now use new Form 1065X. See Form

partnership to correct items on the

Form 8082 to report this, even though you

1065X and its instructions for more

original partnership return.

are not otherwise required to report that

information.

percentage on your tax return. If you

3. Partnerships electronically filing an

Definitions

discover this kind of inconsistency after

amended return or making an

filing your original return, file an amended

administrative adjustment request will

Pass-through entity. A partnership

return to report it. In the space provided

continue to use Form 8082.

(including an electing large partnership),

on the amended return for writing

4. A tax shelter registration number no

S corporation, estate, trust, or REMIC.

explanations, enter “See attached Form

longer has to be entered on Form 8082.

8082.” If the correction does not affect

5. The IRS has created a page on

Item. Any item of a partnership, S

your tax return, no amounts need to be

IRS.gov for information about Form 8082

corporation, estate, trust, or REMIC

entered on the amended return if the

and its instructions at

required to be taken into account for the

Form 8082 item is the only reason for

form8082. Information about any future

pass-through entity’s tax year by the

filing the amended return.

developments affecting Form 8082 (such

partners, shareholders, beneficiaries,

2. The pass-through entity has not

as legislation enacted after we release it)

owners, or residual interest holders of that

filed a tax return or given you a Schedule

will be posted on that page.

pass-through entity.

K-1, Schedule Q, or foreign trust

Tax matters partner (TMP). A tax

statement by the time you are required to

General Instructions

matters partner is a general partner or

file your tax return (including extensions),

member-manager designated by the

and there are items you must include on

Purpose of Form

partnership to represent the partnership in

your return.

consolidated audit and litigation

Notice of inconsistent treatment. If

Caution. If you do not notify the IRS that

proceedings under sections 6221 through

you are a partner, S corporation

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

6234. See the Instructions for Form 1065

shareholder, beneficiary of an estate or

box a) inconsistently, any deficiency

for more information.

trust, owner of a foreign trust, or residual

(including any late filing or late payment

interest holder in a real estate mortgage

penalties applicable to the deficiency) that

Schedule K-1. An annual schedule

investment conduit (REMIC), you

results from a computational adjustment

reporting the partner’s, shareholder’s, or

generally must report items consistent

to make your amount or treatment of the

beneficiary’s share of income, deductions,

with the way they were reported to you on

item consistent with the amount or

credits, etc., from a partnership, S

Schedule K-1, Schedule Q, or a foreign

treatment of the item on the pass-through

corporation, estate, or domestic trust.

trust statement. However, there may be

entity’s return may be assessed

Schedule Q. A quarterly schedule

reasons why you wish to report these

immediately. An inconsistent item can

reporting the residual interest holder’s

items differently. Use Form 8082 for this

exist on either your original or amended

share of taxable income or net loss from

purpose.

return.

the REMIC.

Use Form 8082 to notify the IRS of any

AAR. File Form 8082 if:

Foreign trust statement. Any of the

inconsistency between your tax treatment

of an item and the way the pass-through

following annual statements furnished by

1. You are requesting an

entity treated and reported the same item

a foreign trust to its owners or

administrative adjustment to correct a

on its return. Also use the form to notify

beneficiaries:

previously filed partnership return. S

•

the IRS if you did not receive Schedule

Foreign Grantor Trust Owner

corporations, estates, and trusts cannot

K-1, Schedule Q, or a foreign trust

Statement,

file an AAR (see items 4 and 5 under

•

statement from the foreign trust by the

Foreign Grantor Trust Beneficiary

Who May Not File for details).

due date for filing your return (including

Statement, or

2. You are a partner (other than a

•

extensions). However, do not file Form

Foreign Nongrantor Trust Beneficiary

partner in an electing large partnership) or

8082 as a partner in an electing large

Statement.

residual interest holder in a REMIC

Jan 12, 2012

Cat. No. 62051N

Form 8082 - Instructions For Form

Related Articles

Related forms

Related Categories