Looking for a Form 8082 Templates? Download it for free!

partnership tax year in which the

amended by BBA). An eligible tax year is

insolvent before resolution of any

adjustment is allowed, the partnership

any tax period beginning after November

adjustment with respect to the partnership

must pay tax in an amount equal to that

2, 2015, and before January 1, 2018. Only

tax year for which the election is being

excess amount, or

partnerships can file an AAR under

made;

section 6227 (as amended by BBA). A

2. It may elect not to pass the

2. The partnership has not voluntarily

partnership may not make this election

adjustment through to current partners by

filed, and does not reasonably anticipate

where:

paying tax on any imputed underpayment

filing, a petition for relief under title 11 of

An AAR has been filed on behalf of a

that results from the adjustment, as

the United States Code;

TEFRA partnership under section 6227(c)

explained in section 6242(b)(4).

3. The partnership is not subject to,

(prior to amendment by BBA); or

and does not reasonably anticipate

In either case, the partnership is liable

An amended return of a nonTEFRA

becoming subject to, an involuntary

for any interest and penalties on the

partnership has been filed. See

petition for relief under title 11 of the

imputed underpayment that results from

Temporary Regulations section

United States Code; and

the adjustment. See section 6242(b) for

301.9100-22T(c)(4).

details. Interest is figured on the imputed

4. The partnership has sufficient

An AAR filed for an eligible tax year

underpayment for the period beginning on

assets, and reasonably anticipates having

before January 1, 2018, will be treated as

the day after the due date (excluding

sufficient assets, to pay a potential

an AAR filed on behalf of a TEFRA

extensions) of the partnership return for

imputed underpayment with respect to the

partnership or as an amended return filed

the adjusted year and ending on the due

partnership tax year that may be

on behalf of a nonTEFRA partnership, as

date (excluding extensions) of the

determined under subchapter C of

applicable. An AAR filed after January 1,

partnership return for the tax year the

chapter 63 of the Internal Revenue Code

2018, for an eligible tax year without a

adjustment takes effect (or the date the

as amended by BBA.

statement attached to the AAR on which

partnership paid the tax due under 2

A representation, signed under

the partnership makes the election into the

above, if earlier). The adjusted year is

penalties of perjury, that the individual

centralized partnership audit regime will

the partnership tax year in which the item

signing the statement is duly authorized to

be treated as an AAR filed on behalf of a

being adjusted arose.

make the election described in Temporary

TEFRA partnership or as an amended

Regulations section 301.9100–22T and

How to file. Attach Form 8082 to an

return filed on behalf of a nonTEFRA

that, to the best of the individual's

amended Form 1065-B for the adjusted

partnership, as applicable. An AAR filed

knowledge and belief, all of the

year. Enter in the top margin of the

with respect to a 2018 short tax period

information contained in the statement is

amended return “See attached Form 8082

return by a partnership that is subject to

true, correct, and complete.

for AAR per IRC section 6251.” Be sure to

the centralized partnership audit regime

Signed and dated by the tax matters

check box G(4) on page 1 of the amended

must meet the requirements under section

partner, as defined under section 6231(a)

return. Identify in Part II of Form 8082 the

6227 (as amended by BBA).

(7) (prior to the amendment by BBA), and

amount and treatment of any item the

the applicable regulations, or an individual

The election cannot be made in this

partnership is changing from the way it

who has the authority to sign the

manner before January 1, 2018. Once

was reported on the original return. If the

partnership return for the tax year. The

made, an election may only be revoked

partnership elects to pay the tax, enter it

fact that an individual dates and signs the

with the consent of the IRS.

on line 26 of page 1 of the amended Form

statement making the election shall be

1065-B. Do not enter any other amounts

Making the election. To make the

prima facie evidence that the individual is

on the amended Form 1065-B. Attach a

election, the partnership must write across

authorized to make the election on behalf

computation of the tax to Form 8082. The

the top of Form 1065 used to file the AAR,

of the partnership.

IRS will bill the partnership for any interest

“Election under Section 1101(g)(4)” and

and penalties it owes.

Imputed underpayment. Partnerships

attach a statement to the AAR with the

filing an AAR with an election into the

If the income, deductions, credits, or

following information.

centralized partnership audit regime under

other information provided to any partner

The partnership's name, taxpayer

BBA will need to determine if the

on Schedule K-1 are incorrect under

identification number, and the partnership

partnership adjustment as defined by

section 704 in the partner's distributive

tax year for which the election is being

section 6241(2) (as amended by BBA)

share of any partnership item shown on

made.

results in an imputed underpayment as

Form 1065-B, file an amended

The name, taxpayer identification

described in section 6225(b) (as amended

Schedule K-1 (Form 1065-B) for that

number, address, and daytime telephone

by BBA). See section 6225(c) (as

partner with Form 8082. Also give the

number of the individual who signs the

amended by BBA), excluding paragraphs

partner a copy.

statement.

(2), (7), and (8), for guidance regarding

Language indicating that the

AAR with Election Into the

the modification rules that may apply to an

partnership is electing application of

Centralized Partnership Audit

imputed underpayment. If modification is

section 1101(c) of BBA for the partnership

applied to an imputed underpayment, the

Regime under BBA

return for the eligible tax year.

AAR must include detailed documentation

The information required to properly

The Bipartisan Budget Act of 2015 (BBA)

to support all modifications made to the

designate the partnership representative

was enacted on November 2, 2015, and is

imputed underpayment. If the partnership

as defined by section 6223 (as amended

generally effective for partnership tax

adjustment results in an imputed

by BBA), which must include the name,

years beginning after 2017. The BBA

underpayment, the partnership must

taxpayer identification number, address,

repealed the TEFRA partnership audit

report and pay the imputed underpayment

and daytime telephone number of the

rules and established the new centralized

and any interest and penalty associated

partnership representative. (See

partnership audit regime. Certain

with the imputed underpayment at the time

Partnership Representative in the Form

partnerships may elect to have the new

the AAR is submitted. See section 6233

1065 instructions.)

centralized partnership audit regime apply

(as amended by BBA) for information

The following representations must be

to a return filed for an eligible tax year

regarding interest and penalties

made on the statement:

when filing an administrative adjustment

associated with an imputed

request (AAR) under section 6227 (as

1. The partnership is not insolvent and

underpayment. If modification did not

does not reasonably anticipate becoming

Instructions for Form 8082

-3-

Instructions For Form 8082 - Notice Of Inconsistent Treatment Or Administrative Adjustment Request (Aar) Page 3

Related Articles

Related forms

Related Categories