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return (including extensions), and there

request an administrative adjustment to

electing large partnership must file it with

are items you must include on your return.

his or her tax return to correct S

the service center where the original return

corporation items. Instead, the

was filed.

If you do not notify the IRS that

shareholder must file an amended income

If a partner or residual interest holder

you are reporting an item (Part I,

tax return.

files Form 8082 as an AAR, it must be filed

line 1, box a) inconsistently, any

If you are a beneficiary of an estate or

CAUTION

in duplicate. The original copy is filed with

deficiency (including any late filing or late

domestic trust, or a beneficiary or an

the partner's or residual interest holder's

payment penalties applicable to the

owner of a foreign trust, except as a notice

amended income tax return, and the other

deficiency) that results from a

of inconsistent treatment when the

copy is filed with the service center where

computational adjustment to make your

beneficiary's or owner's return is not

the pass-through entity return is filed.

amount or treatment of the item consistent

consistent with the return of the estate or

with the amount or treatment of the item

trust. Form 8082 cannot be filed by a

Generally, you may file an AAR to

on the pass-through entity's return may be

beneficiary or owner to request an

change items from a pass-through entity

assessed immediately. An inconsistent

administrative adjustment to his or her tax

for any tax year of that entity at any time

item can exist on either your original or

return to correct estate or trust items.

that is:

amended return.

Instead, the beneficiary or owner must file

1. Within 3 years after the later of:

an amended income tax return.

AAR. File Form 8082 if any of the

The date on which the pass-through

If you are a residual interest holder, and

following apply.

entity return for that year is filed, or

all of the following apply.

You are requesting an administrative

The last day for filing the pass-through

adjustment to correct a previously filed

° Your REMIC had no more than one

entity return for that year (excluding

partnership return. S corporations,

residual interest holder at any one

extensions); and

estates, and trusts cannot file an AAR (see

time during the tax year.

2. Before a notice of final

items 4 and 5 under Who May Not File for

° If at any time during the tax year the

pass-through entity administrative

details).

REMIC had more than one residual

adjustment for that year is mailed to the

You are a partner in a TEFRA

interest holder, each residual interest

TMP.

partnership (other than a partner in an

holder was either an individual (other

electing large partnership) or residual

A partnership return or a REMIC return

than a nonresident alien) or an estate,

interest holder in a REMIC requesting an

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

or a C corporation.

administrative adjustment to correct

month following the close of the

° The REMIC did not have an election

pass-through items on your income tax

partnership's or REMIC's tax year. The tax

in effect under section 6231(a)(1)(B)

return.

year of a REMIC always ends on

(ii) for the tax year to have the

You are a partnership making an

December 31.

consolidated audit rules apply.

election into the centralized partnership

If you are a partner in an electing large

Special rules apply if the period of

audit regime under BBA.

partnership. Partners must report all

limitations has been extended by

Who May Not File

partnership items consistently with their

agreement and in the case of an AAR that

treatment on the partnership return as

relates to the deductibility of bad debts or

Do not file Form 8082:

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

worthless securities. See sections 6227

If you are a REMIC and want to correct

Only the partnership may file an AAR.

and 6251 for details.

items on the original REMIC return.

Penalties

Instead, file Form 1065X.

Judicial Review of an AAR

For any amount of loss, deduction, or

If you disregard the requirements for filing

If the IRS fails to act on an AAR filed on

credit from Schedule K-1, Schedule Q, or

Form 8082, you may be subject to the

behalf of a TEFRA partnership or by a

the foreign trust statement that you do not

accuracy-related penalty under section

partner in a TEFRA partnership, you may

report on your return because the amount

6662 or the fraud penalty under section

file a petition for judicial review with the

is otherwise limited by law (such as a loss

6663. Either penalty is in addition to any

United States Tax Court, United States

limited by the at-risk or passive activity

tax that results from a computational

Court of Federal Claims, or United States

rules).

adjustment to make your amount or

District Court. You must file the petition

If you are a partner, and all of the

treatment of the item consistent with the

before the date that is 2 years after the

following apply.

amount or treatment of the item on the

date you filed the AAR, but not until after

° Your partnership had no more than

pass-through entity's return.

the date that is 6 months from the date of

10 partners at any one time during the

such filing. The 2-year period may be

How Many Forms To Complete

tax year. A husband and wife (and

extended if the IRS and you agree in

their estates) are treated as one

You must complete and file a separate

writing. For more details, see sections

partner.

form for each pass-through entity for

6228 and 6252.

° Each partner was either an individual

which you are reporting an inconsistent or

Special Rules for Electing

(other than a nonresident alien) or an

AAR item. If you are reporting more than

Large Partnerships

estate of a deceased partner, or a C

four inconsistent or AAR items from one

corporation.

pass-through entity, use additional Forms

An electing large partnership may file an

° The partnership did not have an

8082.

AAR to adjust partnership items. However,

election in effect under section

How and When To File

a partner may not file an AAR. Generally,

6231(a)(1)(B)(ii) for the tax year to

the electing large partnership has two

If you file Form 8082 as a notice of

have the consolidated audit rules

choices for handling the adjustment.

inconsistent treatment, complete a single

apply.

1. It can combine the adjustment with

copy of the form, attach it to your tax

If you are a shareholder in an S

the same partnership item for the year in

return, and file it when you file your original

corporation, except as a notice of

which the IRS allows the adjustment and

return.

inconsistent treatment when the

pass it through to the current partners for

shareholder's return is not consistent with

If a TMP or electing large partnership

that year. However, if the adjustment

the return of the S corporation. Form 8082

files Form 8082 as an AAR on behalf of

involves a reduction in a credit which

cannot be filed by a shareholder to

the pass-through entity, the TMP or

exceeds the amount of that credit for the

Instructions for Form 8082

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Instructions For Form 8082 - Notice Of Inconsistent Treatment Or Administrative Adjustment Request (Aar) Page 2

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