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Irs Ez Forms

Irs ez forms Publication 557 - Introductory Material Table of Contents What's New Reminders Introduction What's New Proposed regulations on “good faith determinations”. Irs ez forms  Proposed regulations modify standards for making a good faith determination that a foreign organization is a charitable organization, grants to which may be qualifying distributions and not taxable expenditures. Irs ez forms The proposed regulations identify a broader class of tax practitioners upon whose written advice a private foundation may base a “good faith determination. Irs ez forms ” See, Proposed Regulations: Reliance Standards for Making Good Faith Determinations, REG-134974-12, 2012-47 I. Irs ez forms R. Irs ez forms B. Irs ez forms 553. Irs ez forms Prop. Irs ez forms Regs. Irs ez forms on Good Faith Determinations. Irs ez forms New Requirements for section 501(c)(3) Hospitals Under the Affordable Care Act. Irs ez forms  The Affordable Care Act (ACA), enacted March 23, 2010, added new requirements that hospital organizations must satisfy in order to be described in section 501(c)(3), as well as new reporting requirements and excise taxes. Irs ez forms On June 22, 2012, the Service issued a notice of proposed rulemaking that addresses the new requirements enacted by the ACA applicable to section 501(c)(3) hospital organizations. Irs ez forms See, Proposed Regulations: Additional Requirements for Charitable Hospitals, REG-13026-11, 77 Fed. Irs ez forms Reg. Irs ez forms 38148. Irs ez forms On April 3, 2013, the Service issued proposed regulations on the ACA's community health needs assessment (CHNA) requirements. Irs ez forms The proposed regulations also discuss the related reporting and excise tax requirements for charitable hospitals and the consequences for failure to satisfy the section 501(r) requirements. Irs ez forms See, Proposed Regulations: Community Health Needs Assessments for Charitable Hospitals, REG-106499-12, 78 Fed. Irs ez forms Reg. Irs ez forms 20,523. Irs ez forms Timing of when an Organization is exempt for Federal Tax Purposes. Irs ez forms  As noted in section 2. Irs ez forms 03(4) of Revenue Procedure 2013-9, 2013-2 I. Irs ez forms R. Irs ez forms B. Irs ez forms 267, the provisions in section 11. Irs ez forms 01 regarding the effect of determination letters or rulings recognizing exempt status of organizations described in section 501(c), other than sections 501(c)(3), (9), (17), and (29), have been revised. Irs ez forms Prior to this year, and back to 1962, when such organizations applied for recognition, the IRS would usually recognize the organizations as tax exempt from the date of formation, no matter how long the interval between the date of formation and the date of application. Irs ez forms In addition to the practical difficulties of ascertaining an organization's purposes and activities for this period, such recognition is now potentially inconsistent with the provisions of section 6033(j), which automatically revokes the exempt status of an organization that fails to file required Form 990 series returns or notices for three consecutive years. Irs ez forms The new procedure adopts a practice similar to the rule for section 501(c)(3) organizations for these organizations, generally permitting recognition from the date of formation if the organization has: always met the requirements for exemption, has applied within 27 months from the end of the month in which it was organized, and has not failed to file required Form 990 series returns or notices for three consecutive years. Irs ez forms Section 11. Irs ez forms 01(3) notes: an organization that otherwise meets the requirements for tax-exempt status and the issuance of a determination letter or ruling that does not meet the requirements for recognition from date of formation will generally be recognized from the postmark date of its application. Irs ez forms Exempt Organizations Select Check. Irs ez forms  The IRS has developed an on-line search tool, Exempt Organizations Select Check, that allows users to select an exempt organization and check certain information about its federal tax status and filings. Irs ez forms It consolidates three former search sites into one, providing expanded search capability and a more efficient way to search for organizations that: Are eligible to receive tax-deductible charitable contributions (Publication 78 data). Irs ez forms Users may rely on this list in determining deductibility of contributions, just as they did when Publication 78 was a separate electronic publication rather than part of Select Check. Irs ez forms Have had their tax-exempt status automatically revoked under the law because they have not filed Form 990 series returns or notices annually as required for three consecutive years (Auto-Revocation List). Irs ez forms Have filed a Form 990-N (e-Postcard) annual electronic notice. Irs ez forms  In addition to searching for a particular organization, users may download a complete list of each of the three types of organizations through Exempt Organizations Select Check. Irs ez forms See also Revenue Procedure 2011-33, 2011-25 I. Irs ez forms R. Irs ez forms B. Irs ez forms 887. Irs ez forms Future developments. Irs ez forms . Irs ez forms  The IRS has created a page on IRS. Irs ez forms gov for information about Publication 557, at www. Irs ez forms irs. Irs ez forms gov/pub557. Irs ez forms Information about any future developments affecting Publication 557 (such as legislation enacted after we release it) will be posted on that page. Irs ez forms Reminders The Patient Protection and Affordable Care Act (ACA). Irs ez forms   The ACA added several new laws. Irs ez forms This includes a new excise tax on indoor tanning services, a small business health care tax credit, additional requirements for tax-exempt hospitals, and the section 501(c)(29) CO-OP program. Irs ez forms For more information, go to IRS. Irs ez forms gov and select Affordable Care Act Tax Provisions. Irs ez forms Electronic filing requirement for large organizations. Irs ez forms  For tax years ending on or after December 31, 2006, only organizations that file 250 returns during the calendar year and that have total assets of $10 million or more are required to file Form 990 electronically. Irs ez forms For more information, go to e-file for Charities and Non-Profits. Irs ez forms Section 501(c)(15) gross receipts. Irs ez forms   The definition of gross receipts for purposes of determining whether small insurance companies qualify as tax-exempt under section 501(c)(15) has changed. Irs ez forms See Notice 2006-42, 2006-19 I. Irs ez forms R. Irs ez forms B. Irs ez forms 878, Notice 2006-42. Irs ez forms Prohibited tax shelter transactions. Irs ez forms  New excise taxes are imposed under section 4965 on certain tax-exempt organizations entering into prohibited tax shelter transactions. Irs ez forms See T. Irs ez forms D. Irs ez forms 9492, Excise Taxes on Prohibited Tax Shelter Transactions and Related Disclosure Requirements, 2010-33 I. Irs ez forms R. Irs ez forms B. Irs ez forms 242. Irs ez forms See IRS Issues Final Regulations Regarding Excise Taxes on Prohibited Tax Shelter Transactions and Related Disclosure Requirement. Irs ez forms Pension Protection Act of 2006 tax changes. Irs ez forms  The Pension Protection Act of 2006 made numerous changes to the tax law provisions affecting tax-exempt organizations. Irs ez forms Unless otherwise noted, most of the changes became effective on August 17, 2006. Irs ez forms For key provisions, go to The Pension Protection Act of 2006. Irs ez forms Section 501(c)(3) organizations must make their Form 990-T, Exempt Organization Business Tax Return (and proxy tax under section 6033(e)), open for public inspection for a period of 3 years from the date the Form 990-T is required to be filed (determined with regard to any extension of time for filing) or is actually filed, whichever is later. Irs ez forms There is an increase in excise taxes relating to public charities, social welfare organizations, and private foundations. Irs ez forms There are additional standards for credit counseling organizations. Irs ez forms The definition of convention or association of churches has been modified. Irs ez forms Entities that are not required to file Form 990 or 990-EZ must file new Form 990-N, Electronic Notice (e-Postcard) for Tax-Exempt Organizations Not Required to File Form 990 or 990-EZ. Irs ez forms The requirements of disclosure to state officials relating to exempt organizations has been modified. Irs ez forms There are excise taxes imposed on excess benefit transactions involving donor advised funds and sponsoring organizations. Irs ez forms There are new excise taxes on prohibited tax shelter transactions. Irs ez forms There is a modification of recordkeeping requirements for certain charitable contributions. Irs ez forms Introduction This publication discusses the rules and procedures for organizations that seek recognition of exemption from federal income tax under section 501(a) of the Internal Revenue Code (the Code). Irs ez forms It explains the procedures you must follow to obtain an appropriate ruling or determination letter recognizing your organization's exemption, as well as certain other information that applies generally to all exempt organizations. Irs ez forms To qualify for exemption under the Code, your organization must be organized for one or more of the purposes specifically designated in the Code. Irs ez forms Organizations that are exempt under section 501(a) include those organizations described in section 501(c). Irs ez forms Section 501(c) organizations are covered in this publication. Irs ez forms Chapter 1, Application, Approval, and Appeal Procedures, provides general information about the procedures for obtaining recognition of tax-exempt status. Irs ez forms Chapter 2, Filing Requirements and Required Disclosures, contains information about annual filing requirements and other matters that may affect your organization's tax-exempt status. Irs ez forms Chapter 3, Section 501(c)(3) Organizations, contains detailed information on various matters affecting section 501(c)(3) organizations, including a section on the determination of private foundation status. Irs ez forms Chapter 4, Other Section 501(c) Organizations, includes separate sections for specific types of organizations described in section 501(c). Irs ez forms Chapter 5, Excise Taxes, provides information on when excise taxes may be imposed. Irs ez forms Organizations not discussed in this publication. Irs ez forms   Certain organizations that may qualify for exemption are not discussed in this publication, although they are included in the Organization Reference Chart. Irs ez forms These organizations (and the Code sections that apply to them) are as follows. Irs ez forms Corporations organized under Acts of Congress 501(c)(1) Teachers' retirement fund associations 501(c)(11) Mutual insurance companies 501(c)(15) Corporations organized to finance crop operations 501(c)(16) Employee funded pension trusts (created before June 25, 1959) 501(c)(18) Withdrawal liability payment fund 501(c)(22) Veterans' organizations (created before 1880) 501(c)(23) National Railroad Retirement Investment Trust 501(c)(28) Religious and apostolic associations 501(d) Cooperative hospital service organizations 501(e) Cooperative service organizations of operating educational organizations 501(f)   Section 501(c)(24) organizations (section 4049 ERISA trusts) are neither discussed in the text nor listed in the Organization Reference Chart. Irs ez forms   Similarly, farmers' cooperative associations that qualify for exemption under section 521, qualified state tuition programs described in section 529, and pension, profit-sharing, and stock bonus plans described in section 401(a) are not discussed in this publication. Irs ez forms If you think your organization falls within one of these categories, contact the IRS for any additional information you need. Irs ez forms For telephone assistance, call 1-877-829-5500. Irs ez forms   Check the Table of Contents at the beginning of this publication to determine whether your organization is described in this publication. Irs ez forms If it is, read the chapter (or section) that applies to your type of organization for the specific information you must give when applying for recognition of exemption. Irs ez forms Organization Reference Chart. Irs ez forms   The Organization Reference Chart enables you to locate at a glance the section of the Code under which your organization might qualify for exemption. Irs ez forms It also shows the required application form and, if your organization meets the exemption requirements, the annual return to be filed (if any), and whether or not a contribution to your organization will be deductible by a donor. Irs ez forms It also describes each type of qualifying organization and the general nature of its activities. Irs ez forms   You may use the Organization Reference Chart to determine the Code section that you think applies to your organization. Irs ez forms Any correspondence with the IRS (in requesting forms or otherwise) will be expedited if you indicate in your correspondence the appropriate Code section. Irs ez forms Check the IRS website, IRS. Irs ez forms gov, for the latest updates, Tax Information for Charities & Other Non-Profits, www. Irs ez forms irs. Irs ez forms gov/charities/index. Irs ez forms html. Irs ez forms Comments and suggestions. Irs ez forms   We welcome your comments about this publication and your suggestions for future editions. Irs ez forms   You can e-mail us while visiting our website at IRS. Irs ez forms gov. Irs ez forms   You can send your comments to us at the following address: Internal Revenue Service Tax Forms and Publications Division 1111 Constitution Ave. Irs ez forms NW, IR-6526 Washington, DC 20224   We respond to many letters by telephone. Irs ez forms Therefore, it would be helpful if you would include your daytime phone number, including the area code, in your correspondence. Irs ez forms   If you wish telephone assistance, please call 1-877-829-5500. Irs ez forms This toll-free telephone service is available Monday through Friday. Irs ez forms Prev  Up  Next   Home   More Online Publications
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Irs ez forms Internal Revenue Bulletin:  2009-36  September 8, 2009  Rev. Irs ez forms Proc. Irs ez forms 2009-37 Table of Contents SECTION 1. Irs ez forms PURPOSE SECTION 2. Irs ez forms BACKGROUND SECTION 3. Irs ez forms SCOPE SECTION 4. Irs ez forms ELECTION PROCEDURES SECTION 5. Irs ez forms REQUIRED INFORMATION STATEMENT SECTION 6. Irs ez forms EFFECTIVE DATE SECTION 7. Irs ez forms TRANSITION RULE SECTION 8. Irs ez forms PAPERWORK REDUCTION ACT DRAFTING INFORMATION SECTION 1. Irs ez forms PURPOSE . Irs ez forms 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. Irs ez forms . Irs ez forms 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. Irs ez forms This revenue procedure describes the time and manner of providing this additional information. Irs ez forms . Irs ez forms 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. Irs ez forms Taxpayers should be aware that these regulations may be retroactive. Irs ez forms See § 7805(b)(2). Irs ez forms This revenue procedure may be modified to provide procedures consistent with additional guidance. Irs ez forms SECTION 2. Irs ez forms BACKGROUND . Irs ez forms 01 Section 108(i), Generally. Irs ez forms Section 108(i) was added to the Code by § 1231 of the American Recovery and Reinvestment Tax Act of 2009, Pub. Irs ez forms L. Irs ez forms No. Irs ez forms 111-5, 123 Stat. Irs ez forms 338. Irs ez forms 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. Irs ez forms 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). Irs ez forms 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. Irs ez forms 1273-1(d) of the Income Tax Regulations. Irs ez forms The OID deferral rule in § 108(i)(2) applies at the entity level for a pass-through entity. Irs ez forms For example, a partnership (and therefore its partners) may not deduct currently the OID described in § 108(i)(2)(A)(i). Irs ez forms 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). Irs ez forms See § 108(i)(5)(D). Irs ez forms 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. Irs ez forms Section 108(i)(5)(D)(ii). Irs ez forms 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. Irs ez forms . Irs ez forms 02 Applicable Debt Instrument. Irs ez forms 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. Irs ez forms 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). Irs ez forms Section 108(i)(3)(B). Irs ez forms For purposes of § 108(i), in the case of an intercompany obligation (as defined in § 1. Irs ez forms 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. Irs ez forms 1502-13(g)(5). Irs ez forms . Irs ez forms 03 Reacquisition. Irs ez forms 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). Irs ez forms 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. Irs ez forms See § 108(i)(4)(B). Irs ez forms The term “acquisition” also includes an indirect acquisition within the meaning of § 1. Irs ez forms 108-2(c) if a direct acquisition of the debt instrument would qualify for an election under § 108(i). Irs ez forms 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. Irs ez forms . Irs ez forms 04 General Requirements for the Section 108(i) Election. Irs ez forms 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. Irs ez forms (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. Irs ez forms ) The statement must include the amount of income to which § 108(i)(1) applies and other information the Service may prescribe. Irs ez forms Once made, a § 108(i) election is irrevocable and, except as provided in section 7 of this revenue procedure, may not be modified. Irs ez forms . Irs ez forms 05 Section 108(i) Elections Made by Pass-through Entities. Irs ez forms 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. Irs ez forms Section 108(i)(5)(B)(iii). Irs ez forms . Irs ez forms 06 Additional Information on Subsequent Years’ Returns. Irs ez forms 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. Irs ez forms . Irs ez forms 07 Exclusivity. Irs ez forms 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). Irs ez forms . Irs ez forms 08 Allocation of Deferred COD Income on Partnership Indebtedness. Irs ez forms Section 4. Irs ez forms 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. Irs ez forms 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. Irs ez forms 704-1(b)(2)(iii). Irs ez forms Each partner’s share of this COD income is the partner’s COD income amount (“COD income amount”). Irs ez forms The partner’s COD income amount that is deferred under § 108(i) is the partner’s deferred amount (“deferred amount”). Irs ez forms 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”). Irs ez forms . Irs ez forms 09 Partner’s Deferred § 752 Amount. Irs ez forms 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”). Irs ez forms 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). Irs ez forms 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. Irs ez forms 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). Irs ez forms See Rev. Irs ez forms Rul. Irs ez forms 92-97, 1992-2 C. Irs ez forms B. Irs ez forms 124, and Rev. Irs ez forms Rul. Irs ez forms 94-4, 1994-1 C. Irs ez forms B. Irs ez forms 195. Irs ez forms 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). Irs ez forms . Irs ez forms 10 Allocation of Deferred COD Income on S Corporation Indebtedness. Irs ez forms 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. Irs ez forms . Irs ez forms 11 Deferred COD Income, Earnings and Profits, and Alternative Minimum Taxable Income. Irs ez forms (1) In general. Irs ez forms 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). Irs ez forms 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. Irs ez forms 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). Irs ez forms 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. Irs ez forms See § 1. Irs ez forms 56(g)-1(c)(1). Irs ez forms (2) Exceptions for certain special status corporations. Irs ez forms 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. Irs ez forms OID deductions deferred under § 108(i) generally decrease earnings and profits in the taxable year or years that the deferred OID deductions are deductible. Irs ez forms . Irs ez forms 12 Extension of Time to Make Election. Irs ez forms Under § 301. Irs ez forms 9100-1 of the Procedure and Administration Regulations, the Service may grant an extension of time to make a regulatory election. Irs ez forms An election is a regulatory election if the due date is prescribed by regulation or other published guidance of general applicability. Irs ez forms Section 301. Irs ez forms 9100-2(a) provides an automatic 12-month extension from the due date for making certain regulatory elections. Irs ez forms SECTION 3. Irs ez forms 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). Irs ez forms SECTION 4. Irs ez forms ELECTION PROCEDURES . Irs ez forms 01 In General. Irs ez forms (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. Irs ez forms 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. Irs ez forms 07, 4. Irs ez forms 08, 4. Irs ez forms 09, or 4. Irs ez forms 10 of this revenue procedure. Irs ez forms (2) The Service grants an automatic extension of 12 months from the due date prescribed in section 4. Irs ez forms 01(1)(a) of this revenue procedure for making the § 108(i) election. Irs ez forms The rules that apply to an automatic extension under § 301. Irs ez forms 9100-2(a) apply to this automatic extension. Irs ez forms . Irs ez forms 02 Section 108(i) Elections Made by Members of Consolidated Groups. Irs ez forms The common parent of a consolidated group makes the § 108(i) election on behalf of all members of the group. Irs ez forms See § 1. Irs ez forms 1502-77(a). Irs ez forms . Irs ez forms 03 Aggregation Rule. Irs ez forms 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. Irs ez forms A pass-through entity may not treat two or more applicable debt instruments as one applicable debt instrument under this section 4. Irs ez forms 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. Irs ez forms . Irs ez forms 04 Partial Elections. Irs ez forms (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. Irs ez forms 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. Irs ez forms 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. Irs ez forms (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). Irs ez forms 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. Irs ez forms (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. Irs ez forms 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). Irs ez forms A partner may exclude from income the partner’s included amount under § 108(a)(1)(A), (B), (C), or (D), if applicable. Irs ez forms The provisions of this section 4. Irs ez forms 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. Irs ez forms . Irs ez forms 05 Contents of Election Statement. Irs ez forms A statement meets the requirements of this section 4. Irs ez forms 05 if the statement— (1) Label. Irs ez forms States “Section 108(i) Election” across the top. Irs ez forms (2) Required information. Irs ez forms 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. Irs ez forms 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. Irs ez forms . Irs ez forms 06 Supplemental information. Irs ez forms The statement described in section 4. Irs ez forms 05 of this revenue procedure may specify for each applicable debt instrument an amount greater than the amount identified in section 4. Irs ez forms 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. Irs ez forms 05(2)(d) of this revenue procedure. Irs ez forms 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. Irs ez forms 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. Irs ez forms 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. Irs ez forms 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. Irs ez forms 08, 2. Irs ez forms 10 and, if applicable, 4. Irs ez forms 04(3) of this revenue procedure, respectively, as if the additional COD income was realized. Irs ez forms . Irs ez forms 07 Additional Requirements for Certain Partnerships Making a § 108(i) Election. Irs ez forms The rules of this section 4. Irs ez forms 07 apply to partnerships other than partnerships described in section 4. Irs ez forms 10 of this revenue procedure. Irs ez forms (1) Information filing on Schedule K-1 (Form 1065 and Form 1065-B). Irs ez forms 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. Irs ez forms , 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. Irs ez forms 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). Irs ez forms (2) Election information statement provided to partners. Irs ez forms 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. Irs ez forms 07(2). Irs ez forms 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. Irs ez forms A statement meets the requirements of this section 4. Irs ez forms 07(2) if the statement— (a) Label. Irs ez forms States “Section 108(i) Election Information Statement for Partners” across the top. Irs ez forms (b) Required information. Irs ez forms 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. Irs ez forms 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. Irs ez forms 09 of this revenue procedure; (ix) The partner’s additional deferred amount as described in section 4. Irs ez forms 06 of this revenue procedure; and (x) The date of the reacquisition transaction generating the COD income. Irs ez forms (c) If a partner fails to provide the written statement required by section 4. Irs ez forms 07(3) of this revenue procedure, the partnership must indicate that the amounts described in section 4. Irs ez forms 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. Irs ez forms (3) Partner reporting requirements. Irs ez forms 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. Irs ez forms 09 of this revenue procedure) a written statement signed under penalties of perjury that includes this information. Irs ez forms 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. Irs ez forms 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. Irs ez forms If a partner provides its written statement under this section 4. Irs ez forms 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. Irs ez forms 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. Irs ez forms . Irs ez forms 08 Additional Requirements for an S Corporation Making a § 108(i) Election. Irs ez forms (1) Information filing on Schedule K-1 (Form 1120S). Irs ez forms 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. Irs ez forms , 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. Irs ez forms 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. Irs ez forms (2) Election information statement provided to shareholders. Irs ez forms 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. Irs ez forms 08(2). Irs ez forms 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. Irs ez forms A statement meets the requirements of this section 4. Irs ez forms 08(2) if the statement— (a) Label. Irs ez forms States “Section 108(i) Election Information Statement for Shareholders” across the top. Irs ez forms (b) Required information. Irs ez forms 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. Irs ez forms 06 of this revenue procedure. Irs ez forms . Irs ez forms 09 Section 108(i) Elections Made on Behalf of Certain Foreign Corporations. Irs ez forms 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. Irs ez forms 964-1(c)(3). Irs ez forms Each controlling domestic shareholder must attach a statement identifying the foreign corporation and satisfying the requirements of section 4. Irs ez forms 05 of this revenue procedure and, if applicable, section 4. Irs ez forms 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. Irs ez forms . Irs ez forms 10 Section 108(i) Elections Made By Certain Foreign Partnerships. Irs ez forms The rules of this section 4. Irs ez forms 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”). Irs ez forms See § 1. Irs ez forms 6031(a)-1(b). Irs ez forms (1) A nonfiling foreign partnership making the election must attach a statement satisfying the requirements of section 4. Irs ez forms 05 of this revenue procedure and, if applicable, section 4. Irs ez forms 06 of this revenue procedure, to a partnership return satisfying the requirements of § 1. Irs ez forms 6031(a)-1(b)(5) it files with the Service. Irs ez forms In addition, a nonfiling foreign partnership must include in the information required in section 4. Irs ez forms 05(2)(d) and (e) of this revenue procedure the aggregate amounts for all partners as well as the aggregate amounts for all U. Irs ez forms S. Irs ez forms 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”). Irs ez forms (2) The nonfiling foreign partnership must make the election, in accordance with § 1. Irs ez forms 6031(a)-1(b)(5), by the date provided in section 4. Irs ez forms 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. Irs ez forms (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. Irs ez forms 07(1) of this revenue procedure. Irs ez forms Except for this § 108(i) information, the partnership need not complete Part III of the Schedule K-1 (Form 1065). Irs ez forms 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. Irs ez forms 07(2) of this revenue procedure by the date provided in section 4. Irs ez forms 01(1)(a) of this revenue procedure. Irs ez forms The partnership should not attach any statement described in section 4. Irs ez forms 07(2) of this revenue procedure to the Schedules K-1 that are filed with the Service. Irs ez forms 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. Irs ez forms (4) The partnership and each affected partner must satisfy the requirements of section 4. Irs ez forms 07(3) of this revenue procedure. Irs ez forms . Irs ez forms 11 Protective § 108(i) Election. Irs ez forms (1) In general. Irs ez forms 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. Irs ez forms 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). Irs ez forms 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. Irs ez forms A taxpayer makes a protective election by attaching a statement satisfying the requirements of this section 4. Irs ez forms 11(1) to the taxpayer’s original federal income tax return within the period described in section 4. Irs ez forms 01(1)(a) of this revenue procedure. Irs ez forms 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. Irs ez forms A statement meets the requirements of this section 4. Irs ez forms 11(1) if the statement— (a) States “Section 108(i) Protective Election” across the top; (b) Provides the information required under section 4. Irs ez forms 05(2)(a), (b), and (c) of this revenue procedure; (c) Provides that the amounts described in sections 4. Irs ez forms 05(2)(d) and (e) of this revenue procedure are zero; and (d) Provides the information described in section 4. Irs ez forms 06 of this revenue procedure. Irs ez forms (2) Statements provided to shareholders and partners. Irs ez forms (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. Irs ez forms 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. Irs ez forms 11(1)(d) of this revenue procedure. Irs ez forms (b) The partnership or S corporation should not attach the statements described in this section 4. Irs ez forms 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. Irs ez forms . Irs ez forms 12 Election-Year Reporting by Tiered Pass-Through Entities. Irs ez forms (1) A partnership required to file a U. Irs ez forms S. Irs ez forms partnership return other than under § 1. Irs ez forms 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. Irs ez forms 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. Irs ez forms 07(1)(a) through (d) of this revenue procedure). Irs ez forms (2) If a partnership described in section 4. Irs ez forms 12(1) of this revenue procedure receives a statement described in sections 4. Irs ez forms 07(2) or 4. Irs ez forms 10(3) of this revenue procedure or this section 4. Irs ez forms 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. Irs ez forms 07(2)(b)(x) of this revenue procedure. Irs ez forms If an S corporation receives a statement described in sections 4. Irs ez forms 07(2) or 4. Irs ez forms 10(3) of this revenue procedure or this section 4. Irs ez forms 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. Irs ez forms 07(2)(b)(i), (ii), (iii), (iv) and (ix) of this revenue procedure. Irs ez forms 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. Irs ez forms 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. Irs ez forms (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. Irs ez forms 704-1(b)(2)(iii). Irs ez forms 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. Irs ez forms 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. Irs ez forms The partnership allocates amounts described in section 4. Irs ez forms 06 of this revenue procedure under this section 4. Irs ez forms 12(3) as if the additional COD income was realized. Irs ez forms (4) The deferred § 752 amount for partners in a partnership making a § 108(i) election is calculated only for the partnership’s direct partners. Irs ez forms 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. Irs ez forms (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. Irs ez forms (6) This paragraph 4. Irs ez forms 12(6) provides the rules for Category 1 and Category 2 filers of Form 8865, Return of U. Irs ez forms S. Irs ez forms 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. Irs ez forms 07(1) of this revenue procedure, or a statement described in sections 4. Irs ez forms 07(2) or 4. Irs ez forms 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). Irs ez forms (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. Irs ez forms 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. Irs ez forms 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. Irs ez forms (b) A Category 2 filer must include its share of the information described in section 4. Irs ez forms 07(1) on the Schedule K-1 (Form 8865) that it is required to complete. Irs ez forms Category 2 filers also must complete a statement containing their share of the items listed on each statement received by the partnership. Irs ez forms (c) The Category 1 and Category 2 filers should not attach the statements described in sections 4. Irs ez forms 12(6)(a)(ii) and 4. Irs ez forms 12(6)(b) of this revenue procedure, respectively, to the Schedules K-1 that are filed with the Service. Irs ez forms However, Category 1 filers must retain the statements they complete and each partner must retain its own statement, in their respective books and records. Irs ez forms (7) If as a result of § 108(i)(5)(D)(ii), a partner of a partnership described in section 4. Irs ez forms 12(1) of this revenue procedure or a shareholder of an S corporation described in section 4. Irs ez forms 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. Irs ez forms 12(1) and (2) of this revenue procedure. Irs ez forms Similar rules apply to Category 1 and Category 2 filers (Form 8865) described in section 4. Irs ez forms 12(6) of this revenue procedure. Irs ez forms (8) The provisions of section 4. Irs ez forms 12(2), (3), (5) and (6) of this revenue procedure also apply to a statement received that is described in section 4. Irs ez forms 11(2) of this revenue procedure, except that the information that must be provided are those items described in section 4. Irs ez forms 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. Irs ez forms 11(1)(d) of this revenue procedure. Irs ez forms SECTION 5. Irs ez forms REQUIRED INFORMATION STATEMENT . Irs ez forms 01 Annual Information Statements. Irs ez forms Pursuant to § 108(i)(7)(B), a taxpayer that makes an election under § 108(i) (except for a protective election under section 4. Irs ez forms 11(1) of this revenue procedure) must attach a statement meeting the requirements of section 5. Irs ez forms 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. Irs ez forms . Irs ez forms 02 Contents of Statement. Irs ez forms A statement meets the requirements of this section 5. Irs ez forms 02 if the statement— (1) Label. Irs ez forms States “Section 108(i) Information Statement” across the top; (2) Required information. Irs ez forms 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. Irs ez forms (3) Election attached. Irs ez forms Includes a copy of the election statement described in section 4. Irs ez forms 05 of this revenue procedure. Irs ez forms . Irs ez forms 03 Additional Annual Reporting Requirements for Certain Partnerships. Irs ez forms The rules of this section 5. Irs ez forms 03 apply to partnerships other than partnerships described in section 5. Irs ez forms 05 of this revenue procedure. Irs ez forms (1) In general. Irs ez forms A partnership that makes an election under § 108(i) (except for a protective election under section 4. Irs ez forms 11(1) of this revenue procedure) must attach to its federal income tax returns the statements required under section 5. Irs ez forms 01 of this revenue procedure. Irs ez forms In addition, for each taxable year in which a statement is required under section 5. Irs ez forms 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. Irs ez forms 07(1) of this revenue procedure. Irs ez forms (2) Annual information statements provided to partners. Irs ez forms 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. Irs ez forms 01 of this revenue procedure, a statement meeting the requirements of this section 5. Irs ez forms 03(2). Irs ez forms 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. Irs ez forms A statement meets the requirements of this section 5. Irs ez forms 03(2) if the statement— (a) Label. Irs ez forms States “Section 108(i) Annual Information Statement for Partners” across the top of the statement. Irs ez forms (b) Required information. Irs ez forms 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. Irs ez forms If a partner fails to provide the written statement required by section 4. Irs ez forms 07(3) of this revenue procedure, the partnership must indicate that the amounts described in this section 5. Irs ez forms 03(2)(b)(ix) cannot be calculated because the partner did not provide the information necessary to report these amounts. Irs ez forms . Irs ez forms 04 Additional Annual Reporting Requirements for an S Corporation. Irs ez forms (1) In general. Irs ez forms An S corporation that makes an election under § 108(i) (except for a protective election under section 4. Irs ez forms 11(1) of this revenue procedure) must attach to its federal income tax returns the statements required under section 5. Irs ez forms 01 of this revenue procedure. Irs ez forms In addition, for each taxable year in which a statement is required under section 5. Irs ez forms 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. Irs ez forms 08(1) of this revenue procedure. Irs ez forms (2) Annual information statements provided to shareholders. Irs ez forms 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. Irs ez forms 01 of this revenue procedure a statement meeting the requirements of this section 5. Irs ez forms 04(2). Irs ez forms 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. Irs ez forms A statement meets the requirements of this section 5. Irs ez forms 04(2) if the statement— (a) Label. Irs ez forms States “Section 108(i) Annual Information Statement for Shareholders” across the top; (b) Required information. Irs ez forms 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. Irs ez forms . Irs ez forms 05 Additional Annual Reporting Requirements for Certain Foreign Partnerships. Irs ez forms (1) The rules of this section 5. Irs ez forms 05 apply to nonfiling foreign partnerships. Irs ez forms (2) A nonfiling foreign partnership that makes an election under § 108(i) (except for a protective election under section 4. Irs ez forms 11(1) of this revenue procedure) must file federal income tax returns with the Service containing the information under § 1. Irs ez forms 6031(a)-1(b)(5) for each taxable year in which a statement is required by section 5. Irs ez forms 01 of this revenue procedure. Irs ez forms (3) The nonfiling foreign partnership must attach to its federal income tax returns the statements required under section 5. Irs ez forms 01 of this revenue procedure, but only for that portion of the COD income allocated to affected partners. Irs ez forms (4) For each taxable year in which a statement is required under section 5. Irs ez forms 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. Irs ez forms 07(1) of this revenue procedure. Irs ez forms Except for this § 108(i) information, the partnership need not complete Part III of the Schedule K-1 (Form 1065). Irs ez forms The partnership must provide each affected partner with a copy of the Schedule K-1 (Form 1065) by the date provided in § 1. Irs ez forms 6031(b)-1T(b). Irs ez forms The partnership must attach the Schedules K-1 (Form 1065) to the federal income tax returns filed with the Service pursuant to section 5. Irs ez forms 05(2) of this revenue procedure. Irs ez forms (5) For each taxable year for which a statement is required under section 5. Irs ez forms 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. Irs ez forms 03(2) of this revenue procedure. Irs ez forms 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. Irs ez forms . Irs ez forms 06 Information Statements Made on Behalf of Certain Foreign Corporations. Irs ez forms Each controlling domestic shareholder must attach a statement identifying the foreign corporation and meeting the requirements of section 5. Irs ez forms 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. Irs ez forms 01 of this revenue procedure. Irs ez forms . Irs ez forms 07 Additional Annual Reporting Requirements for Tiered Pass-Through Entities. Irs ez forms (1) A partnership required to file a U. Irs ez forms S. Irs ez forms partnership return other than under § 1. Irs ez forms 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. Irs ez forms 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. Irs ez forms 07(1)(a) through (d) of this revenue procedure). Irs ez forms (2) If a partnership described in section 5. Irs ez forms 07(1) of this revenue procedure receives a statement described in sections 5. Irs ez forms 03(2) or 5. Irs ez forms 05(5) of this revenue procedure or this section 5. Irs ez forms 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. Irs ez forms If an S corporation receives a statement described in sections 5. Irs ez forms 03(2) or 5. Irs ez forms 05(5) of this revenue procedure or this section 5. Irs ez forms 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. Irs ez forms 03(2)(b)(i) through (viii) of this revenue procedure. Irs ez forms 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. Irs ez forms 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. Irs ez forms (3) This paragraph 5. Irs ez forms 07(3) provides the rules for persons described in section 4. Irs ez forms 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. Irs ez forms 03(1) of this revenue procedure, or a statement described in sections 5. Irs ez forms 03(2) or 5. Irs ez forms 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). Irs ez forms (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. Irs ez forms 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. Irs ez forms 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. Irs ez forms (b) A Category 2 filer must include its share of the information described in section 4. Irs ez forms 07(1) on the Schedule K-1 (Form 8865) that it is required to complete. Irs ez forms Category 2 filers also must complete a statement containing their share of the items listed on each statement received by the partnership. Irs ez forms (c) The Category 1 and Category 2 filers should not attach the statements described in sections 5. Irs ez forms 07(3)(a)(ii) and 5. Irs ez forms 07(3)(b) of this revenue procedure, respectively, to the Schedules K-1 that are filed with the Service. Irs ez forms However, Category 1 filers must retain the statements they complete and each partner must retain its own statement, in their respective books and records. Irs ez forms (4) If as a result of § 108(i)(5)(D)(ii), a partner of a partnership described in section 5. Irs ez forms 07(1) of this revenue procedure or a shareholder of an S corporation described in section 5. Irs ez forms 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. Irs ez forms 07(1) and (2) of this revenue procedure. Irs ez forms Similar rules apply to Category 1 and Category 2 filers (Form 8865) described in section 4. Irs ez forms 12(6) of this revenue procedure. Irs ez forms SECTION 6. Irs ez forms EFFECTIVE DATE This revenue procedure is effective for reacquisitions of applicable debt instruments in taxable years ending after December 31, 2008. Irs ez forms SECTION 7. Irs ez forms TRANSITION RULE . Irs ez forms 01 Noncomplying Election. Irs ez forms Except as otherwise provided in this section 7. Irs ez forms 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. Irs ez forms 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. Irs ez forms . Irs ez forms 02 Modification of Election. Irs ez forms 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). Irs ez forms 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. Irs ez forms . Irs ez forms 03 Notations. Irs ez forms A taxpayer that files the amended return on paper must write “Section 108(i) Election” on the top of the first page. Irs ez forms A taxpayer that files the amended return electronically should indicate “Section 108(i) Election” on the return. Irs ez forms See Publication 4163, Modernized e-File (MeF) Information for Authorized IRS e-file Providers for Business Returns Tax Year 2008 for more details. Irs ez forms SECTION 8. Irs ez forms 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. Irs ez forms S. Irs ez forms C. Irs ez forms 3507) under control number 1545-2147. Irs ez forms 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. Irs ez forms The collection of information in this revenue procedure is in sections 4, 5 and 7. Irs ez forms 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. Irs ez forms This information will be used during examination to verify that a taxpayer has correctly deferred income and deductions. Irs ez forms The collection of information is required to obtain a benefit. Irs ez forms 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. Irs ez forms The estimated total annual reporting burden is 300,000 hours. Irs ez forms The estimated annual burden per respondent varies from 1 to 8 hours, depending on individual circumstances, with an estimated average of 6 hours. Irs ez forms The estimated number of respondents is 50,000. Irs ez forms 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. Irs ez forms Generally, tax returns and return information are confidential, as required by § 6103. Irs ez forms DRAFTING INFORMATION The principal authors of this revenue procedure are Megan A. Irs ez forms Stoner of the Office of Associate Chief Counsel (Passthroughs & Special Industries) and Craig Wojay of the Office of Associate Chief Counsel (Income Tax & Accounting). Irs ez forms For further information regarding this revenue procedure, contact Megan A. Irs ez forms Stoner at (202) 622-3070 for questions involving partnerships and S corporations, William E. Irs ez forms Blanchard at (202) 622-3950 for questions involving OID, Ronald M. Irs ez forms 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). Irs ez forms Prev  Up  Next   Home   More Internal Revenue Bulletins