Instructions For Form 1120-Ric - U.s. Income Tax Return For Regulated Investment Companies - 2005 Page 3

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These private delivery services include
If the “Yes” box is checked, the RIC is
transaction. These transactions are
only the following.
authorizing the IRS to call the paid preparer
identified by notice, regulation, or other form
DHL Express (DHL): DHL Same Day
to answer any questions that may arise
of published guidance as a listed
Service, DHL Next Day 10:30 am, DHL Next
during the processing of its return. The RIC
transaction.
Day 12:00 pm, DHL Next Day 3:00 pm, and
is also authorizing the paid preparer to:
See the instructions for Form 8886 for
DHL 2nd Day Service.
Give the IRS any information that is
more details on the conditions that apply to
Federal Express (FedEx): FedEx Priority
missing from the return,
determine if a RIC participated in a listed
Overnight, FedEx Standard Overnight,
Call the IRS for information about the
transaction.
FedEx 2Day, FedEx International Priority,
processing of the return or the status of any
and FedEx International First.
related refund or payment(s), and
Statements
United Parcel Service (UPS): UPS Next
Respond to certain IRS notices about
Day Air, UPS Next Day Air Saver, UPS 2nd
math errors, offsets, and return preparation.
Day Air, UPS 2nd Day Air A.M., UPS
Safe harbor under Temporary
The RIC is not authorizing the paid
Worldwide Express Plus, and UPS
preparer to receive any refund check, bind
Regulations section
Worldwide Express.
the RIC to anything (including any additional
1.67-2T(j)(2)
tax liability), or otherwise represent the RIC
The private delivery service can tell you
Generally, shareholders in a nonpublicly
before the IRS.
how to get written proof of the mailing date.
offered fund that are individuals or
The authorization will automatically end
pass-through entities are treated as having
Private delivery services cannot
no later than the due date (excluding
!
received a dividend in an amount equal to
deliver items to P.O. boxes. You
extensions) for filing the RIC’s 2006 tax
the shareholder’s allocable share of affected
must use the U.S. Postal Service to
CAUTION
return. If the RIC wants to expand the paid
RIC expenses for the calendar year. They
mail any item to an IRS P.O. box address.
preparer’s authorization or revoke the
are also treated as having paid or incurred
authorization before it ends, see Pub. 947,
Extension of time to file
an expense described in section 212 (and
Practice Before the IRS and Power of
subject to the 2% limitation on
To request an extension, file Form 7004,
Attorney.
miscellaneous itemized deductions) in the
Application for Automatic 6-Month Extension
same amount for the calendar year.
Other Forms That May Be
of Time To File Certain Business Income
Tax, Information, and Other Returns.
Election. A nonpublicly offered fund may
Required
elect to treat its affected RIC expenses for a
Who Must Sign
calendar year as equal to 40% of the
The RIC may have to file some of the
amount determined under Temporary
following forms. Also see Pub. 542,
The return must be signed and dated by:
Regulations section 1.67-2T(j)(1)(i) for that
Corporations, for a list of other forms that
The president, vice president, treasurer,
calendar year.
the RIC may be required to file.
assistant treasurer, chief accounting officer
Form 1096, Annual Summary and
To make this election, attach to Form
or
Transmittal of U.S. Information Returns. Use
Any other corporate officer (such as tax
1120-RIC for the tax year that includes the
Form 1096 to transmit Forms 1099, 1098,
last day of the calendar year for which the
officer) authorized to sign.
5498, and W2-G to the Internal Revenue
fund makes the election, a statement that it
If a return is filed on behalf of a RIC by a
Service.
is making an election under Temporary
receiver, trustee or assignee, the fiduciary
Regulations section 1.67-2T(j)(2). Once
Form 1099-DIV, Dividends and
must sign the return, not the corporate
made, the election remains in effect for all
Distributions. Report certain dividends and
officer.
subsequent calendar years and may not be
distributions.
Note. If this return is being filed for a series
revoked without IRS consent. See
Form 1099-INT, Interest Income. Report
fund (as defined in section 851(g)(2)), the
Temporary Regulations section 1.67-2T for
interest income.
return may be signed by any officer
definitions and other details.
Form 2438, Undistributed Capital Gains
authorized to sign for the RIC in which the
Tax Return. If the RIC designates
Notice to shareholders
fund is a series.
undistributed capital gains under section
A RIC must notify its shareholders within 60
If an employee of the RIC completes
852(b)(3)(D), it must file this return and pay
Form 1120-RIC, the paid preparer’s space
days after the close of its tax year of the
tax on the gains designated by the 30th day
should remain blank. Anyone who prepares
distribution made during the tax year that
after the end of the RIC’s tax year. In
Form 1120-RIC but does not charge the RIC
qualifies for the dividends received
addition, a copy of Form 2438 (with Copy A
should not complete that section. Generally,
deduction under section 243. For purposes
of all Forms 2439) must be attached to Form
anyone who is paid to prepare the return
of the dividends-received deduction, a
1120-RIC when filed.
must sign it and fill in the “Paid Preparer’s
capital gain dividend received from a RIC is
Form 2439, Notice to Shareholder of
Use Only” area.
not treated as a dividend.
Undistributed Long-Term Capital Gains. If
The paid preparer must complete the
the RIC filed Form 2438, it must complete
Consent to partnership election
required preparer information and:
Form 2439 for each shareholder for whom it
to close its books monthly
Sign the return in the space provided for
paid tax on undistributed capital gains and
the preparer’s signature.
furnish a copy to the shareholder by the
Certain money market funds that obtain an
Give a copy of the return to the taxpayer.
60th day after the end of the RIC’s tax year.
interest in an eligible partnership that invests
in assets exempt from taxation under
Form 8613, Return of Excise Tax on
Note. A paid preparer may sign original or
section 103 may be qualified to pay
Undistributed Income of Regulated
amended returns by rubber stamp,
exempt-interest dividends to its
Investment Companies. If the RIC is liable
mechanical device, or computer software
shareholders. To qualify for payment of
for the 4% excise tax on undistributed
program.
exempt-interest dividends, a RIC must meet
income under section 4982 or makes an
the quarterly net asset value (NAV)
Paid Preparer
election under section 4982(e)(4), it must file
requirements under section 852(b)(5). To
this return for the calendar year.
Authorization
maintain the required NAV at the end of
Form 8886, Reportable Transaction
each quarter, the RIC may take into account
If the RIC wants to allow the IRS to discuss
Disclosure Statement. File Form 8886 if the
on a monthly basis its distributive share of
its 2005 tax return with the paid preparer
RIC or an investment vehicle that is at least
partnership items if the eligible partnership
who signed it, check the “Yes” box in the
95% owned by one or more RICs at all
makes a proper election to close its books at
signature area of the return. This
times during the course of a transaction
the end of each month. See Rev. Proc.
authorization applies only to the individual
participated in a listed transaction. Listed
2002-16 for details.
whose signature appears in the “Paid
transactions include transactions that are
Preparer’s Use Only” section of the RIC’s
the same as or substantially similar to one of
Eligibility. A RIC is entitled to take into
return. It does not apply to the firm, if any,
the types of transactions that the IRS has
account its distributive share of partnership
shown in that section.
determined to be a tax avoidance
items on a monthly basis if:
-3-

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