Filing Your Taxes Online is Fast, Easy and Secure.
Start now and receive your tax refund in as little as 7 days.

1. Get Answers

Your online questions are customized to your unique tax situation.

2. Maximize your Refund

Find tax credits for everything from school tuition to buying a hybri

3. E-File for FREE

E-file free with direct deposit to get your refund in as few as 7 days.

Filing your taxes with paper mail can be difficult and it could take weeks for your refund to arrive. IRS e-file is easy, fast and secure. There is no paperwork going to the IRS so tax refunds can be processed in as little as 7 days with direct deposit. As you prepare your taxes online, you can see your tax refund in real time.

FREE audit support and representation from an enrolled agent – NEW and only from H&R Block

Amendment Return

1040x Amended Tax FormH&r Block Military Tax Return2013 State Income Tax Form1040ez Form Booklet1040ez Form For 2014Irs 1040ez Form2011 Federal Tax Form 1040ezMyfreetaxesFile 2005 Tax ReturnFree File State TaxesFile Tax ReturnFree 1040nrFree State TaxesIl 1040xHow Do I Amend My 2011 Tax ReturnFree FileAmend My TaxesWww Irs GovFree 1040ez1040nr Tax CalculatorFederal 1040ezPa Direct FileHr Block 2005 TaxesTurbo Tax Ez 1040 FreeForm 1040ez More:label_form_201040ez More:taxes1040 ComFree Turbotax For Military2012 1040ez Tax Form1040x Filing Instructions1040ez Instructions 2013Www Taxact Com 2012Late TaxHrblock Taxcut1040ez InstructionFile Taxes 2014I Need To File An Amended Tax ReturnFill Out 1040x Online2011taxesIrs Free FileFree E File Irs

Amendment Return

Amendment return 6. Amendment return   How To Get Tax Help Table of Contents Whether it's help with a tax issue, preparing your tax return or a need for a free publication or form, get the help you need the way you want it: online, use a smart phone, call or walk in to an IRS office or volunteer site near you. Amendment return Free help with your tax return. Amendment return   You can get free help preparing your return nationwide from IRS-certified volunteers. Amendment return The Volunteer Income Tax Assistance (VITA) program helps low-to-moderate income, elderly, people with disabilities, and limited English proficient taxpayers. Amendment return The Tax Counseling for the Elderly (TCE) program helps taxpayers age 60 and older with their tax returns. Amendment return Most VITA and TCE sites offer free electronic filing and all volunteers will let you know about credits and deductions you may be entitled to claim. Amendment return In addition, some VITA and TCE sites provide taxpayers the opportunity to prepare their own return with help from an IRS-certified volunteer. Amendment return To find the nearest VITA or TCE site, you can use the VITA Locator Tool on IRS. Amendment return gov, download the IRS2Go app, or call 1-800-906-9887. Amendment return   As part of the TCE program, AARP offers the Tax-Aide counseling program. Amendment return To find the nearest AARP Tax-Aide site, visit AARP's website at www. Amendment return aarp. Amendment return org/money/taxaide or call 1-888-227-7669. Amendment return For more information on these programs, go to IRS. Amendment return gov and enter “VITA” in the search box. Amendment return Internet. Amendment return    IRS. Amendment return gov and IRS2Go are ready when you are —24 hours a day, 7 days a week. Amendment return Download the free IRS2Go app from the iTunes app store or from Google Play. Amendment return Use it to check your refund status, order transcripts of your tax returns or tax account, watch the IRS YouTube channel, get IRS news as soon as it's released to the public, subscribe to filing season updates or daily tax tips, and follow the IRS Twitter news feed, @IRSnews, to get the latest federal tax news, including information about tax law changes and important IRS programs. Amendment return Check the status of your 2013 refund with the Where's My Refund? application on IRS. Amendment return gov or download the IRS2Go app and select the Refund Status option. Amendment return The IRS issues more than 9 out of 10 refunds in less than 21 days. Amendment return Using these applications, you can start checking on the status of your return within 24 hours after we receive your e-filed return or 4 weeks after you mail a paper return. Amendment return You will also be given a personalized refund date as soon as the IRS processes your tax return and approves your refund. Amendment return The IRS updates Where's My Refund? every 24 hours, usually overnight, so you only need to check once a day. Amendment return Use the Interactive Tax Assistant (ITA) to research your tax questions. Amendment return No need to wait on the phone or stand in line. Amendment return The ITA is available 24 hours a day, 7 days a week, and provides you with a variety of tax information related to general filing topics, deductions, credits, and income. Amendment return When you reach the response screen, you can print the entire interview and the final response for your records. Amendment return New subject areas are added on a regular basis. Amendment return  Answers not provided through ITA may be found in Tax Trails, one of the Tax Topics on IRS. Amendment return gov which contain general individual and business tax information or by searching the IRS Tax Map, which includes an international subject index. Amendment return You can use the IRS Tax Map, to search publications and instructions by topic or keyword. Amendment return The IRS Tax Map integrates forms and publications into one research tool and provides single-point access to tax law information by subject. Amendment return When the user searches the IRS Tax Map, they will be provided with links to related content in existing IRS publications, forms and instructions, questions and answers, and Tax Topics. Amendment return Coming this filing season, you can immediately view and print for free all 5 types of individual federal tax transcripts (tax returns, tax account, record of account, wage and income statement, and certification of non-filing) using Get Transcript. Amendment return You can also ask the IRS to mail a return or an account transcript to you. Amendment return Only the mail option is available by choosing the Tax Records option on the IRS2Go app by selecting Mail Transcript on IRS. Amendment return gov or by calling 1-800-908-9946. Amendment return Tax return and tax account transcripts are generally available for the current year and the past three years. Amendment return Determine if you are eligible for the EITC and estimate the amount of the credit with the Earned Income Tax Credit (EITC) Assistant. Amendment return Visit Understanding Your IRS Notice or Letter to get answers to questions about a notice or letter you received from the IRS. Amendment return If you received the First Time Homebuyer Credit, you can use the First Time Homebuyer Credit Account Look-up tool for information on your repayments and account balance. Amendment return Check the status of your amended return using Where's My Amended Return? Go to IRS. Amendment return gov and enter Where's My Amended Return? in the search box. Amendment return You can generally expect your amended return to be processed up to 12 weeks from the date we receive it. Amendment return It can take up to 3 weeks from the date you mailed it to show up in our system. Amendment return Make a payment using one of several safe and convenient electronic payment options available on IRS. Amendment return gov. Amendment return Select the Payment tab on the front page of IRS. Amendment return gov for more information. Amendment return Determine if you are eligible and apply for an online payment agreement, if you owe more tax than you can pay today. Amendment return Figure your income tax withholding with the IRS Withholding Calculator on IRS. Amendment return gov. Amendment return Use it if you've had too much or too little withheld, your personal situation has changed, you're starting a new job or you just want to see if you're having the right amount withheld. Amendment return Determine if you might be subject to the Alternative Minimum Tax by using the Alternative Minimum Tax Assistant on IRS. Amendment return gov. Amendment return Request an Electronic Filing PIN by going to IRS. Amendment return gov and entering Electronic Filing PIN in the search box. Amendment return Download forms, instructions and publications, including accessible versions for people with disabilities. Amendment return Locate the nearest Taxpayer Assistance Center (TAC) using the Office Locator tool on IRS. Amendment return gov, or choose the Contact Us option on the IRS2Go app and search Local Offices. Amendment return An employee can answer questions about your tax account or help you set up a payment plan. Amendment return Before you visit, check the Office Locator on IRS. Amendment return gov, or Local Offices under Contact Us on IRS2Go to confirm the address, phone number, days and hours of operation, and the services provided. Amendment return If you have a special need, such as a disability, you can request an appointment. Amendment return Call the local number listed in the Office Locator, or look in the phone book under United States Government, Internal Revenue Service. Amendment return Apply for an Employer Identification Number (EIN). Amendment return Go to IRS. Amendment return gov and enter Apply for an EIN in the search box. Amendment return Read the Internal Revenue Code, regulations, or other official guidance. Amendment return Read Internal Revenue Bulletins. Amendment return Sign up to receive local and national tax news and more by email. Amendment return Just click on “subscriptions” above the search box on IRS. Amendment return gov and choose from a variety of options. Amendment return Phone. Amendment return    You can call the IRS, or you can carry it in your pocket with the IRS2Go app on your smart phone or tablet. Amendment return Download the free IRS2Go app from the iTunes app store or from Google Play. Amendment return Call to locate the nearest volunteer help site, 1-800-906-9887 or you can use the VITA Locator Tool on IRS. Amendment return gov, or download the IRS2Go app. Amendment return Low-to-moderate income, elderly, people with disabilities, and limited English proficient taxpayers can get free help with their tax return from the nationwide Volunteer Income Tax Assistance (VITA) program. Amendment return The Tax Counseling for the Elderly (TCE) program helps taxpayers age 60 and older with their tax returns. Amendment return Most VITA and TCE sites offer free electronic filing. Amendment return Some VITA and TCE sites provide IRS-certified volunteers who can help prepare your tax return. Amendment return Through the TCE program, AARP offers the Tax-Aide counseling program; call 1-888-227-7669 to find the nearest Tax-Aide location. Amendment return Call the automated Where's My Refund? information hotline to check the status of your 2013 refund 24 hours a day, 7 days a week at 1-800-829-1954. Amendment return If you e-file, you can start checking on the status of your return within 24 hours after the IRS receives your tax return or 4 weeks after you've mailed a paper return. Amendment return The IRS issues more than 9 out of 10 refunds in less than 21 days. Amendment return Where's My Refund? will give you a personalized refund date as soon as the IRS processes your tax return and approves your refund. Amendment return Before you call this automated hotline, have your 2013 tax return handy so you can enter your social security number, your filing status, and the exact whole dollar amount of your refund. Amendment return The IRS updates Where's My Refund? every 24 hours, usually overnight, so you only need to check once a day. Amendment return Note, the above information is for our automated hotline. Amendment return Our live phone and walk-in assistors can research the status of your refund only if it's been 21 days or more since you filed electronically or more than 6 weeks since you mailed your paper return. Amendment return Call the Amended Return Hotline, 1-866-464-2050, to check the status of your amended return. Amendment return You can generally expect your amended return to be processed up to 12 weeks from the date we receive it. Amendment return It can take up to 3 weeks from the date you mailed it to show up in our system. Amendment return Call 1-800-TAX-FORM (1-800-829-3676) to order current-year forms, instructions, publications, and prior-year forms and instructions (limited to 5 years). Amendment return You should receive your order within 10 business days. Amendment return Call TeleTax, 1-800-829-4477, to listen to pre-recorded messages covering general and business tax information. Amendment return If, between January and April 15, you still have questions about the Form 1040, 1040A, or 1040EZ (like filing requirements, dependents, credits, Schedule D, pensions and IRAs or self-employment taxes), call 1-800-829-1040. Amendment return Call using TTY/TDD equipment, 1-800-829-4059 to ask tax questions or order forms and publications. Amendment return The TTY/TDD telephone number is for people who are deaf, hard of hearing, or have a speech disability. Amendment return These individuals can also contact the IRS through relay services such as the Federal Relay Service. Amendment return Walk-in. Amendment return   You can find a selection of forms, publications and services — in-person. Amendment return Products. Amendment return You can walk in to some post offices, libraries, and IRS offices to pick up certain forms, instructions, and publications. Amendment return Some IRS offices, libraries, and city and county government offices have a collection of products available to photocopy from reproducible proofs. Amendment return Services. Amendment return You can walk in to your local TAC for face-to-face tax help. Amendment return An employee can answer questions about your tax account or help you set up a payment plan. Amendment return Before visiting, use the Office Locator tool on IRS. Amendment return gov, or choose the Contact Us option on the IRS2Go app and search Local Offices for days and hours of operation, and services provided. Amendment return Mail. Amendment return   You can send your order for forms, instructions, and publications to the address below. Amendment return You should receive a response within 10 business days after your request is received. Amendment return Internal Revenue Service 1201 N. Amendment return Mitsubishi Motorway Bloomington, IL 61705-6613    The Taxpayer Advocate Service Is Here to Help You. Amendment return The Taxpayer Advocate Service (TAS) is your voice at the IRS. Amendment return Our job is to ensure that every taxpayer is treated fairly and that you know and understand your rights. Amendment return   What can TAS do for you? We can offer you free help with IRS problems that you can't resolve on your own. Amendment return We know this process can be confusing, but the worst thing you can do is nothing at all! TAS can help if you can't resolve your tax problem and: Your problem is causing financial difficulties for you, your family, or your business. Amendment return You face (or your business is facing) an immediate threat of adverse action. Amendment return You've tried repeatedly to contact the IRS but no one has responded, or the IRS hasn't responded by the date promised. Amendment return   If you qualify for our help, you'll be assigned to one advocate who'll be with you at every turn and will do everything possible to resolve your problem. Amendment return Here's why we can help: TAS is an independent organization within the IRS. Amendment return Our advocates know how to work with the IRS. Amendment return Our services are free and tailored to meet your needs. Amendment return We have offices in every state, the District of Columbia, and Puerto Rico. Amendment return   How can you reach us? If you think TAS can help you, call your local advocate, whose number is in your local directory and at Taxpayer Advocate, or call us toll-free at 1-877-777-4778. Amendment return   How else does TAS help taxpayers?  TAS also works to resolve large-scale, systemic problems that affect many taxpayers. Amendment return If you know of one of these broad issues, please report it to us through our Systemic Advocacy Management System. Amendment return Low Income Taxpayer Clinics (LITCs). Amendment return   Low Income Taxpayer Clinics (LITCs) serve individuals whose income is below a certain level and need to resolve tax problems such as audits, appeals, and tax collection disputes. Amendment return Some clinics can provide information about taxpayer rights and responsibilities in different languages for individuals who speak English as a second language. Amendment return Visit www. Amendment return TaxpayerAdvocate. Amendment return irs. Amendment return gov or see IRS Publication 4134, Low Income Taxpayer Clinic List. Amendment return Prev  Up  Next   Home   More Online Publications
Print - Click this link to Print this page

Market Segment Understandings (MSU)

The IRS, in a continuing effort to increase tax compliance and at the same time reduce taxpayer burden, has expanded its MSU Program into other industries. The newest additions are new voluntary compliance agreements for all industries where tipping is customary.

These voluntary compliance agreements are designed to enhance tax compliance among tipped employees through taxpayer education instead of through traditional enforcement actions, such as tip examinations.

Tip agreements available are:

EmTRAC - Employer-designed Tip Reporting Alternative Commitment (PDF). Taxpayers in the Food and beverage industry designing their own tip compliance program in conjunction with the IRS.

Page Last Reviewed or Updated: 27-Dec-2013

The Amendment Return

Amendment return Internal Revenue Bulletin:  2009-36  September 8, 2009  Rev. Amendment return Proc. Amendment return 2009-37 Table of Contents SECTION 1. Amendment return PURPOSE SECTION 2. Amendment return BACKGROUND SECTION 3. Amendment return SCOPE SECTION 4. Amendment return ELECTION PROCEDURES SECTION 5. Amendment return REQUIRED INFORMATION STATEMENT SECTION 6. Amendment return EFFECTIVE DATE SECTION 7. Amendment return TRANSITION RULE SECTION 8. Amendment return PAPERWORK REDUCTION ACT DRAFTING INFORMATION SECTION 1. Amendment return PURPOSE . Amendment return 01 This revenue procedure provides the exclusive procedures for taxpayers to make an election to defer recognizing discharge of indebtedness income (“COD income”) under § 108(i) of the Internal Revenue Code. Amendment return . Amendment return 02 This revenue procedure also requires taxpayers making the § 108(i) election to provide additional information on returns beginning with the taxable year following the taxable year for which the taxpayer makes the election. Amendment return This revenue procedure describes the time and manner of providing this additional information. Amendment return . Amendment return 03 The Internal Revenue Service and Treasury Department intend to issue additional guidance under § 108(i) that may include regulations addressing matters in this revenue procedure. Amendment return Taxpayers should be aware that these regulations may be retroactive. Amendment return See § 7805(b)(2). Amendment return This revenue procedure may be modified to provide procedures consistent with additional guidance. Amendment return SECTION 2. Amendment return BACKGROUND . Amendment return 01 Section 108(i), Generally. Amendment return Section 108(i) was added to the Code by § 1231 of the American Recovery and Reinvestment Tax Act of 2009, Pub. Amendment return L. Amendment return No. Amendment return 111-5, 123 Stat. Amendment return 338. Amendment return In general, § 108(i) provides that, at the election of a taxpayer, COD income realized in connection with a reacquisition after December 31, 2008, and before January 1, 2011, of an applicable debt instrument is includible in gross income ratably over a 5-taxable-year inclusion period, beginning with the taxpayer’s fourth or fifth taxable year following the taxable year of the reacquisition. Amendment return Generally, if a taxpayer makes a § 108(i) election and reacquires (or is treated as reacquiring) the applicable debt instrument generating the COD income for a new debt instrument with original issue discount (“OID”), then interest deductions for this OID also are deferred, as provided in § 108(i)(2). Amendment return The OID deferral rule, however, does not apply if the amount of OID is less than a de minimis amount, as determined under § 1273(a)(3) and § 1. Amendment return 1273-1(d) of the Income Tax Regulations. Amendment return The OID deferral rule in § 108(i)(2) applies at the entity level for a pass-through entity. Amendment return For example, a partnership (and therefore its partners) may not deduct currently the OID described in § 108(i)(2)(A)(i). Amendment return A taxpayer must take into account any item of income or deduction deferred under § 108(i), and not previously taken into account, in the taxable year in which certain events occur (such as the liquidation of the taxpayer and upon other events specified in administrative guidance). Amendment return See § 108(i)(5)(D). Amendment return The rule regarding acceleration of deferred COD income and OID deductions also applies in the case of certain dispositions by persons holding ownership interests in pass-through entities. Amendment return Section 108(i)(5)(D)(ii). Amendment return For purposes of § 108(i), regulated investment companies (as defined in § 851(a)) and real estate investment trusts (as defined in § 856(a)) are not pass-through entities. Amendment return . Amendment return 02 Applicable Debt Instrument. Amendment return Section 108(i)(3)(A) defines the term “applicable debt instrument” to mean any debt instrument issued by a C corporation or by any other person in connection with the conduct of a trade or business by that person. Amendment return The term “debt instrument” means any bond, debenture, note, certificate, or any other instrument or contractual arrangement constituting indebtedness within the meaning of § 1275(a)(1). Amendment return Section 108(i)(3)(B). Amendment return For purposes of § 108(i), in the case of an intercompany obligation (as defined in § 1. Amendment return 1502-13(g)(2)(ii)), an applicable debt instrument includes only an instrument for which COD income is realized upon the instrument’s deemed satisfaction under § 1. Amendment return 1502-13(g)(5). Amendment return . Amendment return 03 Reacquisition. Amendment return Section 108(i)(4)(A) defines the term “reacquisition” to mean, with respect to any applicable debt instrument, any acquisition of the debt instrument by the debtor that issued (or is otherwise the obligor under) the debt instrument, or a person related to the debtor under § 108(e)(4). Amendment return The term “acquisition” includes an acquisition of the debt instrument for cash or other property, the exchange of the debt instrument for another debt instrument (including an exchange resulting from a modification of the debt instrument), the exchange of the debt instrument for corporate stock or a partnership interest, the contribution of the debt instrument to capital, and the complete forgiveness of the indebtedness by the holder of the debt instrument. Amendment return See § 108(i)(4)(B). Amendment return The term “acquisition” also includes an indirect acquisition within the meaning of § 1. Amendment return 108-2(c) if a direct acquisition of the debt instrument would qualify for an election under § 108(i). Amendment return For example, if a corporation acquires debt of a partnership that the partnership issued in connection with its trade or business, and the partnership and corporation become related within six months of the corporation’s acquisition of the debt, the indirect acquisition is an acquisition for which an election under § 108(i) may be made. Amendment return . Amendment return 04 General Requirements for the Section 108(i) Election. Amendment return Section 108(i)(5)(B) provides, in general, that a taxpayer makes the § 108(i) election by including a statement that clearly identifies the applicable debt instrument with the return of tax imposed for the taxable year in which the reacquisition of the instrument occurs. Amendment return (For purposes of this revenue procedure, a return of tax or income tax return includes an information return, and a taxpayer includes a person that files an information return. Amendment return ) The statement must include the amount of income to which § 108(i)(1) applies and other information the Service may prescribe. Amendment return Once made, a § 108(i) election is irrevocable and, except as provided in section 7 of this revenue procedure, may not be modified. Amendment return . Amendment return 05 Section 108(i) Elections Made by Pass-through Entities. Amendment return In the case of COD income realized by a pass-through entity from the reacquisition of an applicable debt instrument, the pass-through entity makes the § 108(i) election. Amendment return Section 108(i)(5)(B)(iii). Amendment return . Amendment return 06 Additional Information on Subsequent Years’ Returns. Amendment return Section 108(i)(7) authorizes the Service to issue guidance necessary or appropriate for applying § 108(i), including requiring reporting the election and other information on returns of tax for subsequent taxable years. Amendment return . Amendment return 07 Exclusivity. Amendment return Section 108(i)(5)(C) provides that if a taxpayer elects to apply § 108(i) to an applicable debt instrument, § 108(a)(1)(A), (B), (C), and (D) do not apply to COD income deferred under § 108(i). Amendment return . Amendment return 08 Allocation of Deferred COD Income on Partnership Indebtedness. Amendment return Section 4. Amendment return 04(3) of this revenue procedure describes how a partnership may elect under § 108(i) to defer a portion of the COD income realized from the reacquisition of an applicable debt instrument. Amendment return If a partnership elects to defer all or any portion of COD income realized from the reacquisition of an applicable debt instrument, all of the COD income with respect to that debt instrument, without regard to § 108(i), is allocated to the partners in the partnership immediately before the reacquisition in the manner in which the income would be included in the distributive shares of these partners under § 704 and the regulations thereunder, including § 1. Amendment return 704-1(b)(2)(iii). Amendment return Each partner’s share of this COD income is the partner’s COD income amount (“COD income amount”). Amendment return The partner’s COD income amount that is deferred under § 108(i) is the partner’s deferred amount (“deferred amount”). Amendment return The partner’s COD income amount that is not deferred and is included in the partner’s distributive share of partnership income for the taxable year of the partnership in which the reacquisition occurs is the partner’s included amount (“included amount”). Amendment return . Amendment return 09 Partner’s Deferred § 752 Amount. Amendment return A decrease in a partner’s share of a partnership liability resulting from the reacquisition of an applicable debt instrument that is not treated as a current distribution of money to the partner under § 752 by reason of § 108(i)(6) is the partner’s deferred § 752 amount (“deferred § 752 amount”). Amendment return A partner’s deferred § 752 amount may not exceed the lesser of (i) the partner’s deferred amount or (ii) gain that the partner would recognize in the year of reacquisition under § 731 as a result of the reacquisition absent § 108(i)(6). Amendment return To determine the amount of gain the partner would recognize under clause (ii) of the preceding sentence, the amount of any deemed distribution of money under § 752(b) resulting from the decrease in the partner’s share of a reacquired applicable debt instrument that is treated as an advance or draw of money under § 1. Amendment return 731-1(a)(1)(ii) is determined as if no COD income resulting from the reacquisition of the applicable debt instrument is deferred under § 108(i). Amendment return See Rev. Amendment return Rul. Amendment return 92-97, 1992-2 C. Amendment return B. Amendment return 124, and Rev. Amendment return Rul. Amendment return 94-4, 1994-1 C. Amendment return B. Amendment return 195. Amendment return A partner’s deferred § 752 amount is treated as a distribution of money to the partner under § 752 at the same time, and to the extent remaining in the same amount, as the partner recognizes the COD income deferred under § 108(i). Amendment return . Amendment return 10 Allocation of Deferred COD Income on S Corporation Indebtedness. Amendment return For purposes of § 108(i), an S corporation’s COD income deferred under § 108(i) is shared pro rata only among those shareholders that are shareholders of the S corporation immediately before the reacquisition transaction. Amendment return . Amendment return 11 Deferred COD Income, Earnings and Profits, and Alternative Minimum Taxable Income. Amendment return (1) In general. Amendment return The Service and Treasury Department intend to issue regulations regarding the computation of a corporation’s earnings and profits with respect to COD income and OID deductions that are deferred under § 108(i). Amendment return These regulations generally will provide that deferred COD income increases earnings and profits in the taxable year that it is realized and not in the taxable year or years that the deferred COD income is includible in gross income. Amendment return OID deductions deferred under § 108(i) generally will decrease earnings and profits in the taxable year or years in which the deduction would be allowed without regard to § 108(i). Amendment return COD income and OID deductions that are deferred increase or decrease adjusted current earnings under § 56(g)(4) in the taxable year or years that the income or deduction is includible or deductible in determining taxable income. Amendment return See § 1. Amendment return 56(g)-1(c)(1). Amendment return (2) Exceptions for certain special status corporations. Amendment return The Service and Treasury Department intend to issue regulations providing that in the case of regulated investment companies and real estate investment trusts, COD income deferred under § 108(i) generally increases earnings and profits in the taxable year or years in which the deferred COD income is includible in gross income and not in the year that the deferred COD income is realized. Amendment return OID deductions deferred under § 108(i) generally decrease earnings and profits in the taxable year or years that the deferred OID deductions are deductible. Amendment return . Amendment return 12 Extension of Time to Make Election. Amendment return Under § 301. Amendment return 9100-1 of the Procedure and Administration Regulations, the Service may grant an extension of time to make a regulatory election. Amendment return An election is a regulatory election if the due date is prescribed by regulation or other published guidance of general applicability. Amendment return Section 301. Amendment return 9100-2(a) provides an automatic 12-month extension from the due date for making certain regulatory elections. Amendment return SECTION 3. Amendment return SCOPE This revenue procedure applies to taxpayers that realize COD income from a reacquisition after December 31, 2008, and before January 1, 2011, of an applicable debt instrument, as provided in § 108(i). Amendment return SECTION 4. Amendment return ELECTION PROCEDURES . Amendment return 01 In General. Amendment return (1) A taxpayer within the scope of this revenue procedure makes the § 108(i) election by— (a) Attaching a statement meeting the requirements of section 4. Amendment return 05 of this revenue procedure to the taxpayer’s timely filed (including extensions) original federal income tax return for the taxable year in which the reacquisition of the applicable debt instrument occurs, and (b) If applicable, satisfying the additional requirements of section 4. Amendment return 07, 4. Amendment return 08, 4. Amendment return 09, or 4. Amendment return 10 of this revenue procedure. Amendment return (2) The Service grants an automatic extension of 12 months from the due date prescribed in section 4. Amendment return 01(1)(a) of this revenue procedure for making the § 108(i) election. Amendment return The rules that apply to an automatic extension under § 301. Amendment return 9100-2(a) apply to this automatic extension. Amendment return . Amendment return 02 Section 108(i) Elections Made by Members of Consolidated Groups. Amendment return The common parent of a consolidated group makes the § 108(i) election on behalf of all members of the group. Amendment return See § 1. Amendment return 1502-77(a). Amendment return . Amendment return 03 Aggregation Rule. Amendment return A taxpayer within the scope of this revenue procedure may treat two or more applicable debt instruments that are part of the same issue and that are reacquired during the same taxable year as one applicable debt instrument for purposes of this revenue procedure. Amendment return A pass-through entity may not treat two or more applicable debt instruments as one applicable debt instrument under this section 4. Amendment return 03 if the owners and their ownership interests in the pass-through entity immediately prior to the reacquisition of each applicable debt instrument are not identical. Amendment return . Amendment return 04 Partial Elections. Amendment return (1) A taxpayer within the scope of this revenue procedure may make an election for any portion of COD income realized from the reacquisition of any applicable debt instrument. Amendment return Thus, for example, if a taxpayer realizes $100 of COD income from the reacquisition of an applicable debt instrument, the taxpayer may elect under § 108(i)(1) to defer only $40 of the $100 of COD income. Amendment return The taxpayer may exclude from income the portion of COD income that the taxpayer does not elect to defer under § 108(i) ($60 in this example) under § 108(a)(1)(A), (B), (C), or (D), if applicable. Amendment return (2) A taxpayer is not required to make an election for the same portion of COD income arising from each applicable debt instrument that it reacquires, but may make an election for different portions of COD income arising from different applicable debt instruments (whether or not part of the same issue). Amendment return Thus, for example, if a taxpayer realizes $100 of COD income from the reacquisition of an applicable debt instrument (Instrument A) and $100 of COD income from the reacquisition of a different applicable debt instrument (Instrument B), the taxpayer may elect to defer all or a portion of the COD income associated with Instrument A and none or a different portion of the COD income associated with Instrument B. Amendment return (3) A partnership that elects to defer less than all of the COD income realized from the reacquisition of an applicable debt instrument may determine, in any manner, the portion, if any, of a partner’s COD income amount that is the partner’s deferred amount and the portion, if any, of a partner’s COD income amount that is the partner’s included amount. Amendment return Thus, for example, one partner’s deferred amount may be zero while another partner’s deferred amount may equal that partner’s COD income amount (or any portion thereof). Amendment return A partner may exclude from income the partner’s included amount under § 108(a)(1)(A), (B), (C), or (D), if applicable. Amendment return The provisions of this section 4. Amendment return 04(3) apply for purposes of § 108(i) only and are not intended as an interpretation of or a change to existing law under § 704. Amendment return . Amendment return 05 Contents of Election Statement. Amendment return A statement meets the requirements of this section 4. Amendment return 05 if the statement— (1) Label. Amendment return States “Section 108(i) Election” across the top. Amendment return (2) Required information. Amendment return Provides, for each applicable debt instrument the reacquisition of which generates COD income that the taxpayer is electing to defer under § 108(i)— (a) The name and taxpayer identification numbers, if any, of the issuer or issuers of the applicable debt instrument; (b) A general description of the applicable debt instrument (including the issue and maturity dates) and, in the case of any person other than a C corporation, a general description of the person’s trade or business to which the applicable debt instrument is connected; (c) A general description of the reacquisition transaction or transactions generating the COD income (including the date(s) of the transaction(s)); (d) The total amount of COD income for the applicable debt instrument that results from the reacquisition (in the case of a partnership, the aggregate of the partners’ COD income amounts) and a general description of the manner in which this amount is calculated; (e) The amount of COD income for the applicable debt instrument that the taxpayer is electing to defer under § 108(i); (f) In the case of a partnership, a list of partners that have a deferred amount, their identifying information and each partner’s deferred amount; and in the case of an S corporation, a list of shareholders with COD income deferred under § 108(i), their identifying information and each shareholder’s share of the S corporation’s deferred COD income; and (g) In cases in which a new debt instrument is issued or deemed issued in exchange for the applicable debt instrument (including exchanges under § 108(e)(4), § 108(i)(2)(B), and § 1. Amendment return 1001-3), the issuer’s name, the issuer’s taxpayer identification number, if any, a general description of the new debt instrument and whether the new debt instrument has OID, and if the new debt instrument has OID, a schedule of the OID that the issuer expects to accrue each taxable year on the instrument and the amount of OID that the issuer expects to defer under § 108(i)(2) each taxable year. Amendment return . Amendment return 06 Supplemental information. Amendment return The statement described in section 4. Amendment return 05 of this revenue procedure may specify for each applicable debt instrument an amount greater than the amount identified in section 4. Amendment return 05(2)(e) of this revenue procedure that the taxpayer elects to defer under § 108(i) in the event the Service subsequently concludes that the taxpayer understated the amount of COD income described in section 4. Amendment return 05(2)(d) of this revenue procedure. Amendment return This additional amount of COD income the taxpayer elects to defer may be described as the entire additional COD income, or as a percentage of any additional COD income. Amendment return If the taxpayer is a partnership, the partnership must specify each partner’s share of the partnership’s additional COD income that would be deferred (the partner’s additional deferred amount), which the partnership may describe for each partner as the partner’s entire share of the partnership’s additional COD income or as a percentage of the partner’s share of the partnership’s additional COD income. Amendment return If the taxpayer is an S corporation, the S corporation must specify each shareholder’s share of the S corporation’s additional COD income that would be deferred, which the S corporation may describe for each shareholder as the shareholder’s entire share of the S corporation’s additional COD income or as a percentage of the shareholder’s share of the S corporation’s additional COD income. Amendment return In the case of partnerships and S corporations, the additional COD income and the portion of additional COD income that would be deferred are allocated or determined as provided in sections 2. Amendment return 08, 2. Amendment return 10 and, if applicable, 4. Amendment return 04(3) of this revenue procedure, respectively, as if the additional COD income was realized. Amendment return . Amendment return 07 Additional Requirements for Certain Partnerships Making a § 108(i) Election. Amendment return The rules of this section 4. Amendment return 07 apply to partnerships other than partnerships described in section 4. Amendment return 10 of this revenue procedure. Amendment return (1) Information filing on Schedule K-1 (Form 1065 and Form 1065-B). Amendment return For the taxable year in which the § 108(i) election is made, the partnership must report on the Schedule K-1 (Form 1065 or Form 1065-B), Partner’s Share of Income, Deductions, Credits, etc. Amendment return , in the manner specified in the instructions to the forms, for each partner § 108(i) information on an aggregate basis for all applicable debt instruments for which a § 108(i) election is made. Amendment return Partnerships reporting § 108(i) information on the 2008 Schedule K-1 (Form 1065 or Form 1065-B) must report for each partner on an aggregate basis for all applicable debt instruments for which a § 108(i) election is made: (a) The partner’s deferred amount that the partner must include in income in the current taxable year under § 108(i)(1) or § 108(i)(5)(D)(i) or (ii), in box 11 (“other income”) using code F for Schedule K-1 (Form 1065) or in box 9 (“other”) using code U for Schedule K-1 (Form 1065-B); (b) The partner’s share of the partnership’s OID deduction deferred under § 108(i)(2)(A)(i) that is allowable as a deduction in the current taxable year under § 108(i)(2)(A)(ii) or § 108(i)(5)(D)(i) or (ii), in box 13 (“other deductions”) using code W for Schedule K-1 (Form 1065) or in box 9 (“other”) using code U for Schedule K-1 (Form 1065-B); (c) The partner’s deferred amount that has not been included in income in the current or prior taxable years, in box 20 (“other information”) using code X for Schedule K-1 (Form 1065) or in box 9 (“other”) using code U for Schedule K-1 (Form 1065-B); (d) The partner’s share of the partnership’s OID deduction deferred under § 108(i)(2)(A)(i) that has not been deducted in the current or prior taxable years, in box 20 (“other information”) using code X for Schedule K-1 (Form 1065) or in box 9 (“other”) using code U for Schedule K-1 (Form 1065-B); (e) The partner’s deferred § 752 amount that is treated as a distribution of money to the partner under § 752 in the current taxable year, in box 20 (“other information”) using code X for Schedule K-1 (Form 1065) or in box 9 (“other”) using code U for Schedule K-1 (Form 1065-B); and (f) The partner’s deferred § 752 amount remaining as of the end of the current taxable year, in box 20 (“other information”) using code X for Schedule K-1 (Form 1065) or in box 9 (“other”) using code U for Schedule K-1 (Form 1065-B). Amendment return (2) Election information statement provided to partners. Amendment return The partnership must attach to the Schedule K-1 (Form 1065 or Form 1065-B) provided to each partner for the taxable year in which the § 108(i) election is made a statement satisfying the requirements of this section 4. Amendment return 07(2). Amendment return The partnership should not attach these statements to the Schedules K-1 that are filed with the Service, but must retain these statements, and each partner must retain that partner’s statement, in their respective books and records. Amendment return A statement meets the requirements of this section 4. Amendment return 07(2) if the statement— (a) Label. Amendment return States “Section 108(i) Election Information Statement for Partners” across the top. Amendment return (b) Required information. Amendment return Clearly identifies for each applicable debt instrument to which an election under § 108(i) applies— (i) The partner’s COD income amount, the partner’s deferred amount, and the partner’s included amount; (ii) The partner’s deferred amount that the partner must include in income in the current taxable year under § 108(i)(5)(D)(i) or (ii); (iii) The partner’s share of the partnership’s OID deduction deferred under § 108(i)(2)(A)(i) in the current taxable year; (iv) The partner’s share of the partnership’s OID deduction deferred under § 108(i)(2)(A)(i) that is allowable as a deduction in the current taxable year under § 108(i)(5)(D)(i) or (ii); (v) The partner’s share of each liability of the partnership described in section 4. Amendment return 05(2)(g) of this revenue procedure; (vi) The partner’s share of the decrease in the partnership liability that results from the reacquisition of the applicable debt instrument; (vii) The partner’s share of the decrease in the partnership liability that results from the reacquisition of the applicable debt instrument that is treated as a distribution of money to the partner under § 752 in the current taxable year; (viii) The partner’s deferred § 752 amount as described in section 2. Amendment return 09 of this revenue procedure; (ix) The partner’s additional deferred amount as described in section 4. Amendment return 06 of this revenue procedure; and (x) The date of the reacquisition transaction generating the COD income. Amendment return (c) If a partner fails to provide the written statement required by section 4. Amendment return 07(3) of this revenue procedure, the partnership must indicate that the amounts described in section 4. Amendment return 07(2)(b)(vii) and (viii) of this revenue procedure cannot be calculated because the partner did not provide the information necessary to report these amounts. Amendment return (3) Partner reporting requirements. Amendment return The partnership must make reasonable efforts prior to making a § 108(i) election to secure from each partner with a deferred amount for which it does not have the information necessary to compute the partner’s basis in its partnership interest (and its deferred § 752 amount as described in section 2. Amendment return 09 of this revenue procedure) a written statement signed under penalties of perjury that includes this information. Amendment return Each partner with a deferred amount must provide this written statement to the partnership within 30 days of the date of request by the partnership. Amendment return A partner’s failure to comply with this reporting requirement does not invalidate the partnership’s election under § 108(i) for an applicable debt instrument only if the partnership makes reasonable efforts before making the § 108(i) election to obtain the written statement from the partner and otherwise complies with the requirements of section 4 of this revenue procedure. Amendment return If a partner provides its written statement under this section 4. Amendment return 07(3) after the partnership has provided to the partner the Section 108(i) Election Information Statement for Partners, the partnership must provide to the partner a revised Section 108(i) Election Information Statement for Partners reporting the information required under section 4. Amendment return 07(2)(b)(vii) and (viii) of this revenue procedure and report the partner’s deferred § 752 amount on the partner’s Schedule K-1 (Form 1065 or Form 1065-B) in subsequent taxable years. Amendment return . Amendment return 08 Additional Requirements for an S Corporation Making a § 108(i) Election. Amendment return (1) Information filing on Schedule K-1 (Form 1120S). Amendment return For the taxable year in which the § 108(i) election is made, the S corporation must report on the Schedule K-1 (Form 1120S), Shareholder’s Share of Income, Deductions, Credits, etc. Amendment return , in the manner specified in the instructions to the forms, for each shareholder § 108(i) information on an aggregate basis for all applicable debt instruments for which a § 108(i) election is made. Amendment return S corporations reporting § 108(i) information on the 2008 Schedule K-1 (Form 1120S) must report for each shareholder, on an aggregate basis for all applicable debt instruments for which a § 108(i) election is made, the shareholder’s share of the S corporation’s: (a) COD income deferred under § 108(i) that the shareholder must include in income in the current taxable year under § 108(i)(1) or § 108(i)(5)(D)(i) or (ii), in box 10 (“other income”) using code E; (b) OID deduction deferred under § 108(i)(2)(A)(i) that is allowable as a deduction in the current taxable year under § 108(i)(2)(A)(ii), or § 108(i)(5)(D)(i) or (ii), in box 12 (“other deductions”) using code S; (c) COD income deferred under § 108(i) that has not been included in income in the current or prior taxable years, in box 17 (“other information”) using code T; and (d) OID deduction deferred under § 108(i)(2)(A)(i) that has not been deducted in the current or prior taxable years, in box 17 (“other information”) using code T. Amendment return (2) Election information statement provided to shareholders. Amendment return The S corporation must attach to the Schedule K-1 (Form 1120S) provided to each shareholder for the taxable year in which the § 108(i) election is made, a statement satisfying the requirements of this section 4. Amendment return 08(2). Amendment return The S corporation should not attach these statements to the Schedules K-1 that are filed with the Service, but must retain these statements, and each shareholder must retain that shareholder’s statement, in their respective books and records. Amendment return A statement meets the requirements of this section 4. Amendment return 08(2) if the statement— (a) Label. Amendment return States “Section 108(i) Election Information Statement for Shareholders” across the top. Amendment return (b) Required information. Amendment return Clearly identifies for each applicable debt instrument to which an election under § 108(i) applies, the shareholder’s share of the S corporation’s— (i) COD income that the S corporation elects to defer under § 108(i); (ii) COD income deferred under § 108(i) that the shareholder must include in income in the current taxable year under § 108(i)(5)(D)(i) or (ii); (iii) OID deduction deferred under § 108(i)(2)(A)(i) in the current taxable year; (iv) OID deduction deferred under § 108(i)(2)(A)(i) that is allowable as a deduction in the current taxable year under § 108(i)(5)(D)(i) or (ii); and (v) Additional COD income that would be deferred as described in section 4. Amendment return 06 of this revenue procedure. Amendment return . Amendment return 09 Section 108(i) Elections Made on Behalf of Certain Foreign Corporations. Amendment return The controlling domestic shareholder(s) (or common parent of the controlling domestic shareholder(s), if applicable) of a controlled foreign corporation or a noncontrolled § 902 corporation not otherwise required to file a return of tax may make the § 108(i) election on behalf of the foreign corporation by satisfying the requirements of § 1. Amendment return 964-1(c)(3). Amendment return Each controlling domestic shareholder must attach a statement identifying the foreign corporation and satisfying the requirements of section 4. Amendment return 05 of this revenue procedure and, if applicable, section 4. Amendment return 06 of this revenue procedure, to its federal income tax return for the taxable year ending within or with the taxable year of the foreign corporation for which the § 108(i) election is made. Amendment return . Amendment return 10 Section 108(i) Elections Made By Certain Foreign Partnerships. Amendment return The rules of this section 4. Amendment return 10 apply to a foreign partnership making a § 108(i) election that is not otherwise required to file a federal partnership return (“nonfiling foreign partnership”). Amendment return See § 1. Amendment return 6031(a)-1(b). Amendment return (1) A nonfiling foreign partnership making the election must attach a statement satisfying the requirements of section 4. Amendment return 05 of this revenue procedure and, if applicable, section 4. Amendment return 06 of this revenue procedure, to a partnership return satisfying the requirements of § 1. Amendment return 6031(a)-1(b)(5) it files with the Service. Amendment return In addition, a nonfiling foreign partnership must include in the information required in section 4. Amendment return 05(2)(d) and (e) of this revenue procedure the aggregate amounts for all partners as well as the aggregate amounts for all U. Amendment return S. Amendment return persons (as defined in § 7701(a)(30)) and controlled foreign corporation(s) that are partners with deferred amounts in the nonfiling foreign partnership (“affected partners”). Amendment return (2) The nonfiling foreign partnership must make the election, in accordance with § 1. Amendment return 6031(a)-1(b)(5), by the date provided in section 4. Amendment return 01(1)(a) of this revenue procedure, as if it had a filing obligation for the taxable year in which the reacquisition of the applicable debt instrument occurs. Amendment return (3) For each affected partner, the partnership must file with the Service a Schedule K-1 (Form 1065) and report on the Schedule K-1 (Form 1065) for the affected partner as provided in section 4. Amendment return 07(1) of this revenue procedure. Amendment return Except for this § 108(i) information, the partnership need not complete Part III of the Schedule K-1 (Form 1065). Amendment return The partnership must provide a copy of the respective Schedule K-1 (Form 1065) to each affected partner and must also attach to the Schedule K-1 (Form 1065) provided to each affected partner a statement satisfying the requirements of section 4. Amendment return 07(2) of this revenue procedure by the date provided in section 4. Amendment return 01(1)(a) of this revenue procedure. Amendment return The partnership should not attach any statement described in section 4. Amendment return 07(2) of this revenue procedure to the Schedules K-1 that are filed with the Service. Amendment return However, the partnership must retain the statements provided to the affected partners, and each affected partner must retain that partner’s statement, in their respective books and records. Amendment return (4) The partnership and each affected partner must satisfy the requirements of section 4. Amendment return 07(3) of this revenue procedure. Amendment return . Amendment return 11 Protective § 108(i) Election. Amendment return (1) In general. Amendment return A taxpayer may make a protective election under § 108(i) for an applicable debt instrument if the taxpayer concludes that a particular transaction does not result in the realization of COD income, reports the transaction on its federal income tax return in a manner consistent with the taxpayer’s conclusion, and would be within the scope of this revenue procedure if the taxpayer’s conclusion were incorrect. Amendment return If the Service at any time determines the taxpayer’s conclusion that the particular transaction does not result in the realization of COD income is incorrect, the taxpayer’s protective election is treated as a valid, irrevocable election under § 108(i). Amendment return Thus, if a taxpayer makes a protective election, the Service subsequently may require the taxpayer to report COD income deferred pursuant to the valid and irrevocable protective election even if the statute of limitations has expired for the year in which the COD income was realized and the protective election was made. Amendment return A taxpayer makes a protective election by attaching a statement satisfying the requirements of this section 4. Amendment return 11(1) to the taxpayer’s original federal income tax return within the period described in section 4. Amendment return 01(1)(a) of this revenue procedure. Amendment return The taxpayer also must attach the election to its federal income tax return in each of the 8 or 9 taxable years, as applicable, following the taxable year of the election. Amendment return A statement meets the requirements of this section 4. Amendment return 11(1) if the statement— (a) States “Section 108(i) Protective Election” across the top; (b) Provides the information required under section 4. Amendment return 05(2)(a), (b), and (c) of this revenue procedure; (c) Provides that the amounts described in sections 4. Amendment return 05(2)(d) and (e) of this revenue procedure are zero; and (d) Provides the information described in section 4. Amendment return 06 of this revenue procedure. Amendment return (2) Statements provided to shareholders and partners. Amendment return (a) For each applicable debt instrument, a partnership or S corporation that makes a protective election must attach to the Schedule K-1 (Form 1065, Form 1065-B, or Form 1120S) it provides each of its partners or shareholders, as the case may be, for the taxable year in which the protective election is made a statement containing the information described in section 4. Amendment return 11(1)(b) of this revenue procedure (an S corporation need not provide its shareholders with the date(s) of the transaction(s) that would constitute the reacquisition transaction or transactions) and the partner’s or shareholder’s share of the additional COD income that would be deferred as described in section 4. Amendment return 11(1)(d) of this revenue procedure. Amendment return (b) The partnership or S corporation should not attach the statements described in this section 4. Amendment return 11(2) to the Schedules K-1 that are filed with the Service but must retain these statements, and each partner and shareholder must retain that partner’s or shareholder’s statement, in their respective books and records. Amendment return . Amendment return 12 Election-Year Reporting by Tiered Pass-Through Entities. Amendment return (1) A partnership required to file a U. Amendment return S. Amendment return partnership return other than under § 1. Amendment return 6031(a)-1(b)(5), or an S corporation, that receives a Schedule K-1 (Form 1065 or Form 1065-B) reflecting its share of any items listed in section 4. Amendment return 07(1) of this revenue procedure, must report on the Schedules K-1 (Form 1065, Form 1065-B, or Form 1120S) to its partners or shareholders, as the case may be, each partner’s or shareholder’s share of those items (an S corporation only reports to its shareholders the items described in section 4. Amendment return 07(1)(a) through (d) of this revenue procedure). Amendment return (2) If a partnership described in section 4. Amendment return 12(1) of this revenue procedure receives a statement described in sections 4. Amendment return 07(2) or 4. Amendment return 10(3) of this revenue procedure or this section 4. Amendment return 12(2), it must provide each of its partners a statement containing the partner’s share of each of the items listed on each statement received by the partnership, including the information described in section 4. Amendment return 07(2)(b)(x) of this revenue procedure. Amendment return If an S corporation receives a statement described in sections 4. Amendment return 07(2) or 4. Amendment return 10(3) of this revenue procedure or this section 4. Amendment return 12(2), it must provide each of its shareholders a statement containing the shareholder’s share of each of the items listed on each statement received by the S corporation that are described in section 4. Amendment return 07(2)(b)(i), (ii), (iii), (iv) and (ix) of this revenue procedure. Amendment return The partnership or S corporation must attach this statement or statements to the Schedule K-1 (Form 1065, Form 1065-B, or Form 1120S) that it provides to each of its partners or shareholders, as the case may be, for the taxable year of the partnership or S corporation. Amendment return The partnership or S corporation should not attach these statements to the Schedules K-1 that are filed with the Service but must retain these statements, and each partner and shareholder must retain that partner’s or shareholder’s statement, in their respective books and records. Amendment return (3) A partnership that receives a statement described in this section 4 identifying its COD income amount with respect to an applicable debt instrument must allocate its COD income amount, without regard to § 108(i), to the partners in the partnership immediately before the reacquisition transaction in the manner in which the income would be included in the distributive shares of these partners under § 704 and the regulations thereunder, including § 1. Amendment return 704-1(b)(2)(iii). Amendment return The partnership may determine in any manner the portion, if any, of a partner’s COD income amount that is the partner’s deferred amount and the portion, if any, of a partner’s COD income amount that is the partner’s included amount. Amendment return No partner’s deferred amount with respect to an applicable debt instrument may exceed its COD income amount with respect to the applicable debt instrument, and the aggregate of deferred amounts of its partners with respect to an applicable debt instrument must equal the partnership’s deferred amount with respect to the applicable debt instrument. Amendment return The partnership allocates amounts described in section 4. Amendment return 06 of this revenue procedure under this section 4. Amendment return 12(3) as if the additional COD income was realized. Amendment return (4) The deferred § 752 amount for partners in a partnership making a § 108(i) election is calculated only for the partnership’s direct partners. Amendment return No further adjustment to the deferred § 752 amount is made to reflect the basis or other attributes of partners that are indirect partners in the partnership. Amendment return (5) If an S corporation receives a statement described in this section 4 identifying its COD income amount, deferred amount, included amount or additional COD income that would be deferred with respect to an applicable debt instrument, these amounts are shared pro rata only among those shareholders that are shareholders in the S corporation immediately before the reacquisition transaction. Amendment return (6) This paragraph 4. Amendment return 12(6) provides the rules for Category 1 and Category 2 filers of Form 8865, Return of U. Amendment return S. Amendment return Persons With Respect to Certain Foreign Partnerships, as defined in the instructions for Form 8865, if the foreign partnership, for which the Category 1 or Category 2 filer has a filing requirement, receives a Schedule K-1 (Form 1065 or Form 1065-B) reflecting the partnership’s share of any items listed in section 4. Amendment return 07(1) of this revenue procedure, or a statement described in sections 4. Amendment return 07(2) or 4. Amendment return 10(3) of this revenue procedure (because the foreign partnership owns an interest directly or indirectly in another partnership in which an election was made under § 108(i) with respect to that foreign partnership’s distributive share from the other entity). Amendment return (a) For each partner for whom the Category 1 filer is required to complete a Schedule K-1 (Form 8865) (which includes the Category 1 filer itself), the Category 1 filer must: (i) Include the information described in section 4. Amendment return 07(1) of this revenue procedure in the Schedule K-1 (Form 8865) that the Category 1 filer files with the Service and completes for the partner; (ii) Produce a statement containing the partner’s share of the items listed on each statement received by the partnership; and (iii) Attach the statement described in section 4. Amendment return 12(6)(a)(ii) of this revenue procedure to each Schedule K-1 (Form 8865) that it is required to provide to a partner of the foreign partnership. Amendment return (b) A Category 2 filer must include its share of the information described in section 4. Amendment return 07(1) on the Schedule K-1 (Form 8865) that it is required to complete. Amendment return Category 2 filers also must complete a statement containing their share of the items listed on each statement received by the partnership. Amendment return (c) The Category 1 and Category 2 filers should not attach the statements described in sections 4. Amendment return 12(6)(a)(ii) and 4. Amendment return 12(6)(b) of this revenue procedure, respectively, to the Schedules K-1 that are filed with the Service. Amendment return However, Category 1 filers must retain the statements they complete and each partner must retain its own statement, in their respective books and records. Amendment return (7) If as a result of § 108(i)(5)(D)(ii), a partner of a partnership described in section 4. Amendment return 12(1) of this revenue procedure or a shareholder of an S corporation described in section 4. Amendment return 12(1) of this revenue procedure must recognize items deferred under § 108(i), the partnership or S corporation must report these items on the Schedule K-1 (Form 1065, Form 1065-B, or Form 1120S) and statements provided to the partner or shareholder pursuant to section 4. Amendment return 12(1) and (2) of this revenue procedure. Amendment return Similar rules apply to Category 1 and Category 2 filers (Form 8865) described in section 4. Amendment return 12(6) of this revenue procedure. Amendment return (8) The provisions of section 4. Amendment return 12(2), (3), (5) and (6) of this revenue procedure also apply to a statement received that is described in section 4. Amendment return 11(2) of this revenue procedure, except that the information that must be provided are those items described in section 4. Amendment return 11(1)(b) of this revenue procedure (an S corporation need not provide its shareholders with the date(s) of the transaction(s) that would constitute the reacquisition transaction or transactions) and the share of the partner or shareholder in the amounts described in section 4. Amendment return 11(1)(d) of this revenue procedure. Amendment return SECTION 5. Amendment return REQUIRED INFORMATION STATEMENT . Amendment return 01 Annual Information Statements. Amendment return Pursuant to § 108(i)(7)(B), a taxpayer that makes an election under § 108(i) (except for a protective election under section 4. Amendment return 11(1) of this revenue procedure) must attach a statement meeting the requirements of section 5. Amendment return 02 of this revenue procedure to its federal income tax return for each taxable year beginning with the taxable year following the taxable year for which the taxpayer makes the election and ending with the first taxable year in which all items deferred under § 108(i) have been recognized. Amendment return . Amendment return 02 Contents of Statement. Amendment return A statement meets the requirements of this section 5. Amendment return 02 if the statement— (1) Label. Amendment return States “Section 108(i) Information Statement” across the top; (2) Required information. Amendment return Clearly identifies for each applicable debt instrument to which an election under § 108(i) applies— (a) COD income deferred under § 108(i) that is included in income in the current taxable year under § 108(i)(1); (b) COD income deferred under § 108(i) that is included in income in the current taxable year under § 108(i)(5)(D), including a description and date of the acceleration event described in § 108(i)(5)(D); (c) COD income deferred under § 108(i) that has not been included in income in the current or prior taxable years (in the case of a partnership, the aggregate of the partners’ deferred amounts that have not been included in income in the current or prior taxable years, and in the case of an S corporation, the S corporation’s COD income deferred under § 108(i) that has not been included in income in the current or prior taxable years); (d) OID deduction deferred under § 108(i)(2)(A)(i) that is allowable as a deduction in the current taxable year under § 108(i)(2)(A)(ii); (e) OID deduction deferred under § 108(i)(2)(A)(i) that is allowable as a deduction in the current taxable year under § 108(i)(5)(D); and (f) OID deduction deferred under § 108(i)(2)(A)(i) that has not been deducted in the current or prior taxable years. Amendment return (3) Election attached. Amendment return Includes a copy of the election statement described in section 4. Amendment return 05 of this revenue procedure. Amendment return . Amendment return 03 Additional Annual Reporting Requirements for Certain Partnerships. Amendment return The rules of this section 5. Amendment return 03 apply to partnerships other than partnerships described in section 5. Amendment return 05 of this revenue procedure. Amendment return (1) In general. Amendment return A partnership that makes an election under § 108(i) (except for a protective election under section 4. Amendment return 11(1) of this revenue procedure) must attach to its federal income tax returns the statements required under section 5. Amendment return 01 of this revenue procedure. Amendment return In addition, for each taxable year in which a statement is required under section 5. Amendment return 01 of this revenue procedure, the partnership must report on the Schedule K-1 (Form 1065 or Form 1065-B) for each partner § 108(i) information in the manner described in section 4. Amendment return 07(1) of this revenue procedure. Amendment return (2) Annual information statements provided to partners. Amendment return The partnership must attach to the Schedule K-1 (Form 1065) provided to each partner for each taxable year in which a statement is required under section 5. Amendment return 01 of this revenue procedure, a statement meeting the requirements of this section 5. Amendment return 03(2). Amendment return The partnership should not attach these statements to the Schedules K-1 that are filed with the Service, but must retain these statements, and each partner must retain that partner’s statement, in their respective books and records. Amendment return A statement meets the requirements of this section 5. Amendment return 03(2) if the statement— (a) Label. Amendment return States “Section 108(i) Annual Information Statement for Partners” across the top of the statement. Amendment return (b) Required information. Amendment return Clearly identifies for each applicable debt instrument to which a § 108(i) election applies— (i) The partner’s deferred amount that has not been included in income as of the end of the prior taxable year; (ii) The partner’s deferred amount that the partner must include in income in the current taxable year under § 108(i)(1); (iii) The partner’s deferred amount that the partner must include in income in the current taxable year under § 108(i)(5)(D)(i) or (ii); (iv) The partner’s deferred amount that has not been included in income in the current or prior taxable years; (v) The partner’s share of the partnership’s OID deduction deferred under § 108(i)(2)(A)(i) in the current taxable year; (vi) The partner’s share of the partnership’s OID deduction deferred under § 108(i)(2)(A)(i) that is allowable as a deduction in the current taxable year under § 108(i)(2)(A)(ii); (vii) The partner’s share of the partnership’s OID deduction deferred under § 108(i)(2)(A)(i) that is allowable as a deduction in the current taxable year under § 108(i)(5)(D)(i) or (ii); (viii) The partner’s share of the partnership’s OID deduction deferred under § 108(i)(2)(A)(i) that has not been deducted in the current or prior taxable years; and (ix) The partner’s deferred § 752 amount that is treated as a distribution of money to the partner under § 752 in the current taxable year and any remaining deferred § 752 amount. Amendment return If a partner fails to provide the written statement required by section 4. Amendment return 07(3) of this revenue procedure, the partnership must indicate that the amounts described in this section 5. Amendment return 03(2)(b)(ix) cannot be calculated because the partner did not provide the information necessary to report these amounts. Amendment return . Amendment return 04 Additional Annual Reporting Requirements for an S Corporation. Amendment return (1) In general. Amendment return An S corporation that makes an election under § 108(i) (except for a protective election under section 4. Amendment return 11(1) of this revenue procedure) must attach to its federal income tax returns the statements required under section 5. Amendment return 01 of this revenue procedure. Amendment return In addition, for each taxable year in which a statement is required under section 5. Amendment return 01 of this revenue procedure, the S corporation must report on the Schedule K-1 (Form 1120S) for each shareholder § 108(i) information in the manner described in section 4. Amendment return 08(1) of this revenue procedure. Amendment return (2) Annual information statements provided to shareholders. Amendment return The S corporation must attach to the Schedule K-1 (Form 1120S) provided to each shareholder for each taxable year in which a statement is required under section 5. Amendment return 01 of this revenue procedure a statement meeting the requirements of this section 5. Amendment return 04(2). Amendment return The S corporation should not attach these statements to the Schedules K-1 that are filed with the Service, but must retain these statements, and each shareholder must retain that shareholder’s statement, in their respective books and records. Amendment return A statement meets the requirements of this section 5. Amendment return 04(2) if the statement— (a) Label. Amendment return States “Section 108(i) Annual Information Statement for Shareholders” across the top; (b) Required information. Amendment return Clearly identifies for each applicable debt instrument to which an election under § 108(i) applies, the shareholder’s share of the S corporation’s— (i) COD income deferred under § 108(i) that has not been included in income as of the end of the prior taxable year; (ii) COD income deferred under § 108(i) that the shareholder must include in income in the current taxable year under § 108(i)(1); (iii) COD income deferred under § 108(i) that the shareholder must include in income in the current taxable year under § 108(i)(5)(D)(i) or (ii); (iv) COD income deferred under § 108(i) that has not been included in income in the current or prior taxable years; (v) OID deduction deferred under § 108(i)(2)(A)(i) in the current taxable year; (vi) OID deduction deferred under § 108(i)(2)(A)(i) that is allowable as a deduction in the current taxable year under § 108(i)(2)(A)(ii); (vii) OID deduction deferred under § 108(i)(2)(A)(i) that is allowable as a deduction in the current taxable year under § 108(i)(5)(D)(i) or (ii); and (viii) OID deduction deferred under § 108(i)(2)(A)(i) that has not been deducted in the current or prior taxable years. Amendment return . Amendment return 05 Additional Annual Reporting Requirements for Certain Foreign Partnerships. Amendment return (1) The rules of this section 5. Amendment return 05 apply to nonfiling foreign partnerships. Amendment return (2) A nonfiling foreign partnership that makes an election under § 108(i) (except for a protective election under section 4. Amendment return 11(1) of this revenue procedure) must file federal income tax returns with the Service containing the information under § 1. Amendment return 6031(a)-1(b)(5) for each taxable year in which a statement is required by section 5. Amendment return 01 of this revenue procedure. Amendment return (3) The nonfiling foreign partnership must attach to its federal income tax returns the statements required under section 5. Amendment return 01 of this revenue procedure, but only for that portion of the COD income allocated to affected partners. Amendment return (4) For each taxable year in which a statement is required under section 5. Amendment return 01 of this revenue procedure, the nonfiling foreign partnership must provide each affected partner a Schedule K-1 (Form 1065) reporting § 108(i) information in the manner described in section 4. Amendment return 07(1) of this revenue procedure. Amendment return Except for this § 108(i) information, the partnership need not complete Part III of the Schedule K-1 (Form 1065). Amendment return The partnership must provide each affected partner with a copy of the Schedule K-1 (Form 1065) by the date provided in § 1. Amendment return 6031(b)-1T(b). Amendment return The partnership must attach the Schedules K-1 (Form 1065) to the federal income tax returns filed with the Service pursuant to section 5. Amendment return 05(2) of this revenue procedure. Amendment return (5) For each taxable year for which a statement is required under section 5. Amendment return 01 of this revenue procedure, the nonfiling foreign partnership must attach to each affected partner’s Schedule K-1 (Form 1065) a statement meeting the requirements of section 5. Amendment return 03(2) of this revenue procedure. Amendment return The partnership should not attach these statements to the Schedules K-1 that are filed with the Service, but must retain the statements, and each partner must retain that partner’s statement, in their respective books and records. Amendment return . Amendment return 06 Information Statements Made on Behalf of Certain Foreign Corporations. Amendment return Each controlling domestic shareholder must attach a statement identifying the foreign corporation and meeting the requirements of section 5. Amendment return 02 of this revenue procedure to the shareholder’s federal income tax return for each taxable year for which a statement is required under section 5. Amendment return 01 of this revenue procedure. Amendment return . Amendment return 07 Additional Annual Reporting Requirements for Tiered Pass-Through Entities. Amendment return (1) A partnership required to file a U. Amendment return S. Amendment return partnership return other than under § 1. Amendment return 6031(a)-1(b)(5), or an S corporation, that receives a Schedule K-1 (Form 1065 or Form 1065-B) described in the second sentence of section 5. Amendment return 03(1) of this revenue procedure reflecting its share of any § 108(i) information must report on the Schedules K-1 (Form 1065, Form 1065-B, or Form 1120S) to its partners or shareholders, as the case may be, each partner’s or shareholder’s share of those items (an S corporation only reports to its shareholders the items described in section 4. Amendment return 07(1)(a) through (d) of this revenue procedure). Amendment return (2) If a partnership described in section 5. Amendment return 07(1) of this revenue procedure receives a statement described in sections 5. Amendment return 03(2) or 5. Amendment return 05(5) of this revenue procedure or this section 5. Amendment return 07(2), it must provide each of its partners a statement containing the partner’s share of each of the items listed on each statement received by the partnership. Amendment return If an S corporation receives a statement described in sections 5. Amendment return 03(2) or 5. Amendment return 05(5) of this revenue procedure or this section 5. Amendment return 07(2), it must provide each of its shareholders a statement containing the shareholder’s share of each of the items listed on each statement received by the S corporation that are described in section 5. Amendment return 03(2)(b)(i) through (viii) of this revenue procedure. Amendment return The partnership or S corporation must attach the statement or statements to the Schedule K-1 (Form 1065 or Form 1065-B) or Schedule K-1 (Form 1120S) that is provided to each of its partners or shareholders, as the case may be, for the taxable year of the partnership or S corporation. Amendment return The partnership or S corporation should not attach these statements to the Schedules K-1 that are filed with the Service, but must retain these statements, and each partner and shareholder must retain that partner’s or shareholder’s statement, in their respective books and records. Amendment return (3) This paragraph 5. Amendment return 07(3) provides the rules for persons described in section 4. Amendment return 12(6) of this revenue procedure if the foreign partnership, for which the Category 1 or 2 filer has a filing requirement, receives a Schedule K-1 (Form 1065 or Form 1065-B) reflecting the partnership’s share of any items described in the second sentence of section 5. Amendment return 03(1) of this revenue procedure, or a statement described in sections 5. Amendment return 03(2) or 5. Amendment return 05(5) of this revenue procedure (because the foreign partnership owns an interest directly or indirectly in another partnership in which an election was made under § 108(i) with respect to that foreign partnership’s distributive share from the other entity). Amendment return (a) For each partner for whom the Category 1 filer is required to complete a Schedule K-1 (Form 8865) (which includes the Category 1 filer itself), the Category 1 filer must: (i) Include the information described in section 4. Amendment return 07(1) of this revenue procedure in the Schedule K-1 (Form 8865) that the Category 1 filer files with the Service and completes for the partner; (ii) Produce a statement containing the partner’s share of the items listed on each statement received by the partnership; and (iii) Attach the statement described in section 5. Amendment return 07(3)(a)(ii) of this revenue procedure to each Schedule K-1 (Form 8865) that it is required to provide to a partner of the foreign partnership. Amendment return (b) A Category 2 filer must include its share of the information described in section 4. Amendment return 07(1) on the Schedule K-1 (Form 8865) that it is required to complete. Amendment return Category 2 filers also must complete a statement containing their share of the items listed on each statement received by the partnership. Amendment return (c) The Category 1 and Category 2 filers should not attach the statements described in sections 5. Amendment return 07(3)(a)(ii) and 5. Amendment return 07(3)(b) of this revenue procedure, respectively, to the Schedules K-1 that are filed with the Service. Amendment return However, Category 1 filers must retain the statements they complete and each partner must retain its own statement, in their respective books and records. Amendment return (4) If as a result of § 108(i)(5)(D)(ii), a partner of a partnership described in section 5. Amendment return 07(1) of this revenue procedure or a shareholder of an S corporation described in section 5. Amendment return 07(1) of this revenue procedure must recognize items deferred under § 108(i), the partnership or S corporation must report these items on the Schedule K-1 (Form 1065, Form 1065-B, or Form 1120S) and statements provided to the partner or shareholder pursuant to section 5. Amendment return 07(1) and (2) of this revenue procedure. Amendment return Similar rules apply to Category 1 and Category 2 filers (Form 8865) described in section 4. Amendment return 12(6) of this revenue procedure. Amendment return SECTION 6. Amendment return EFFECTIVE DATE This revenue procedure is effective for reacquisitions of applicable debt instruments in taxable years ending after December 31, 2008. Amendment return SECTION 7. Amendment return TRANSITION RULE . Amendment return 01 Noncomplying Election. Amendment return Except as otherwise provided in this section 7. Amendment return 01, the Service will treat a § 108(i) election as effective if a taxpayer files an election with the taxpayer’s federal income tax return filed on or before September 16, 2009, using any reasonable procedure to make the election. Amendment return However, an election that does not comply with section 4 of this revenue procedure will not be effective unless the taxpayer on or before November 16, 2009, files an amended return for the taxable year of the election and complies with the requirements of section 4 of this revenue procedure. Amendment return . Amendment return 02 Modification of Election. Amendment return A taxpayer that files a § 108(i) election on or before September 16, 2009, may modify that election by filing an amended return on or before November 16, 2009 (for example, to modify the amount of COD income the taxpayer elects to defer). Amendment return To be effective, a modification of an election described in the preceding sentence must satisfy the requirements for an election described in section 4 of this revenue procedure. Amendment return . Amendment return 03 Notations. Amendment return A taxpayer that files the amended return on paper must write “Section 108(i) Election” on the top of the first page. Amendment return A taxpayer that files the amended return electronically should indicate “Section 108(i) Election” on the return. Amendment return See Publication 4163, Modernized e-File (MeF) Information for Authorized IRS e-file Providers for Business Returns Tax Year 2008 for more details. Amendment return SECTION 8. Amendment return PAPERWORK REDUCTION ACT The collection of information contained in this revenue procedure has been reviewed and approved by the Office of Management and Budget in accordance with the Paperwork Reduction Act (44 U. Amendment return S. Amendment return C. Amendment return 3507) under control number 1545-2147. Amendment return An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Amendment return The collection of information in this revenue procedure is in sections 4, 5 and 7. Amendment return This information is required to determine the amount of income and deductions a taxpayer elects to defer and to track those amounts until the taxpayer has reported all deferred income and deductions on the taxpayer’s tax return. Amendment return This information will be used during examination to verify that a taxpayer has correctly deferred income and deductions. Amendment return The collection of information is required to obtain a benefit. Amendment return The likely respondents are C corporations, shareholders of S corporations, partners of partnerships, and other individuals engaged in a trade or business, that reacquire applicable debt instruments in 2009 or 2010. Amendment return The estimated total annual reporting burden is 300,000 hours. Amendment return The estimated annual burden per respondent varies from 1 to 8 hours, depending on individual circumstances, with an estimated average of 6 hours. Amendment return The estimated number of respondents is 50,000. Amendment return Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Amendment return Generally, tax returns and return information are confidential, as required by § 6103. Amendment return DRAFTING INFORMATION The principal authors of this revenue procedure are Megan A. Amendment return Stoner of the Office of Associate Chief Counsel (Passthroughs & Special Industries) and Craig Wojay of the Office of Associate Chief Counsel (Income Tax & Accounting). Amendment return For further information regarding this revenue procedure, contact Megan A. Amendment return Stoner at (202) 622-3070 for questions involving partnerships and S corporations, William E. Amendment return Blanchard at (202) 622-3950 for questions involving OID, Ronald M. Amendment return Gootzeit at (202) 622-3860 for questions involving foreign entities, Robert Rhyne at (202) 622-7790 for questions involving earnings and profits and consolidated groups, and Craig Wojay at (202) 622-4920 for questions on § 108(i) generally (not toll-free calls). Amendment return Prev  Up  Next   Home   More Internal Revenue Bulletins