Table of Contents
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A request by the tax matters partner (TMP) to correct items on the original partnership or REMIC return.
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A request by a partner (other than a partner in an electing large partnership), or residual interest holder to correct pass-through items on that person's income tax return.
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A request by an electing large partnership to correct items on the original partnership return.
Caution.
If you do not notify the IRS that you are reporting an item (Part I, line 1, box a) inconsistently, any deficiency (including any late filing or late payment penalties applicable to the deficiency) that results from a computational adjustment to make your amount or treatment of the item consistent with the amount or treatment of the item on the pass-through entity's return may be assessed immediately. An inconsistent item can exist on either your original or amended return.
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You believe an item was not properly reported on the Schedule K-1 you received from the partnership, S corporation, estate, or domestic trust, the Schedule Q you received from the REMIC, or the foreign trust statement you received from the foreign trust.
The same is true if you believe an item shown on your schedule or statement is incorrect but it is not an item that otherwise has to be reported on your tax return. For example, if you believe that the percentage shown as your ownership of capital at the end of the year was not properly reflected on Schedule K-1, file Form 8082 to report this, even though you are not otherwise required to report that percentage on your tax return. If you discover this kind of inconsistency after filing your original return, file an amended return to report it. In the space provided on the amended return for writing explanations, enter “See attached Form 8082.” If the correction does not affect your tax return, no amounts need to be entered on the amended return if the Form 8082 item is the only reason for filing the amended return.
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The pass-through entity has not filed a tax return or given you a Schedule K-1, Schedule Q, or foreign trust statement by the time you are required to file your tax return (including extensions), and there are items you must include on your return.
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You are requesting an administrative adjustment to correct a previously filed partnership or REMIC return. S corporations, estates, and trusts cannot file an AAR (see items 3 and 4 under Who May Not File for details).
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You are a partner (other than a partner in an electing large partnership) or residual interest holder in a REMIC requesting an administrative adjustment to correct pass-through items on your income tax return.
Do not file Form 8082:
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For any amount of loss, deduction, or credit from Schedule K-1, Schedule Q, or the foreign trust statement that you do not report on your return because the amount is otherwise limited by law (such as a loss limited by the at-risk or passive activity rules).
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If you are a partner, and all of the following apply:
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Your partnership had no more than 10 partners at any one time during the tax year. A husband and wife (and their estates) are treated as one partner.
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Each partner was either an individual (other than a nonresident alien) or an estate of a deceased partner, or a C corporation.
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The partnership did not have an election in effect under section 6231(a)(1)(B)(ii) for the tax year to have the consolidated audit rules apply.
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If you are a shareholder in an S corporation, except as a notice of inconsistent treatment when the shareholder's return is not consistent with the return of the S corporation. Form 8082 cannot be filed by a shareholder to request an administrative adjustment to his or her tax return to correct S corporation items. Instead, the shareholder must file an amended income tax return.
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If you are a beneficiary of an estate or domestic trust, or a beneficiary or an owner of a foreign trust, except as a notice of inconsistent treatment when the beneficiary's or owner's return is not consistent with the return of the estate or trust. Form 8082 cannot be filed by a beneficiary or owner to request an administrative adjustment to his or her tax return to correct estate or trust items. Instead, the beneficiary or owner must file an amended income tax return.
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If you are a residual interest holder, and all of the following apply:
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Your REMIC had no more than 1 residual interest holder at any one time during the tax year.
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If at any time during the tax year the REMIC had more than one residual interest holder, each residual interest holder was either an individual (other than a nonresident alien) or an estate, or a C corporation.
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The REMIC did not have an election in effect under section 6231(a)(1)(B)(ii) for the tax year to have the consolidated audit rules apply.
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If you are a partner in an electing large partnership. Partners must report all partnership items consistently with their treatment on the partnership return as shown on Schedule K-1 (Form 1065-B). Only the partnership may file an AAR.
If you disregard the requirements for filing Form 8082, you may be subject to the accuracy-related penalty under section 6662 or the fraud penalty under section 6663. Either penalty is in addition to any tax that results from a computational adjustment to make your amount or treatment of the item consistent with the amount or treatment of the item on the pass-through entity's return.
You must complete and file a separate form for each pass-through entity for which you are reporting an inconsistent or AAR item. If you are reporting more than four inconsistent or AAR items from one pass-through entity, use additional Forms 8082.
If you file Form 8082 as a notice of inconsistent treatment, complete a single copy of the form, attach it to your tax return, and file it when you file your original return.
If a TMP or electing large partnership files Form 8082 as an AAR on behalf of the pass-through entity, the TMP or electing large partnership must file it with the service center where the original return was filed.
If a partner or residual interest holder files Form 8082 as an AAR, it must be filed in duplicate. The original copy is filed with the partner's or residual interest holder's amended income tax return, and the other copy is filed with the service center where the pass-through entity return is filed.
Generally, you may file an AAR to change items from a pass-through entity for any tax year of that entity at any time that is:
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Within 3 years after the later of:
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The date on which the pass-through entity return for that year is filed, or
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The last day for filing the pass-through entity return for that year (excluding extensions); and
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Before a notice of final pass-through entity administrative adjustment for that year is mailed to the TMP.
A partnership return or a REMIC return is generally due by the 15th day of the 4th month following the close of the partnership's or REMIC's tax year. The tax year of a REMIC always ends on December 31.
Special rules apply if the period of limitations has been extended by agreement and in the case of an AAR that relates to the deductibility of bad debts or worthless securities. See sections 6227 and 6251 for details.
If the IRS fails to act on an AAR, you may file a petition for judicial review with the United States Tax Court, United States Court of Federal Claims, or United States District Court. You must file the petition before the date that is 2 years after the date you filed the AAR, but not until after the date that is 6 months from the date of such filing. The 2-year period may be extended if the IRS and you agree in writing. For more details see sections 6228 and 6252.
An electing large partnership may file an AAR to adjust partnership items. However, a partner may not file an AAR. Generally, the electing large partnership has two choices for handling the adjustment.
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It can combine the adjustment with the same partnership item for the year in which the IRS allows the adjustment and pass it through to the current partners for that year. However, if the adjustment involves a reduction in a credit which exceeds the amount of that credit for the partnership tax year in which the adjustment is allowed, the partnership must pay tax in an amount equal to that excess amount.
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It may elect not to pass the adjustment through to current partners by paying tax on any imputed underpayment that results from the adjustment, as explained in section 6242(b)(4).
In either case, the partnership is liable for any interest and penalties on the imputed underpayment that results from the adjustment. See section 6242(b) for details. Interest is figured on the imputed underpayment for the period beginning on the day after the due date (excluding extensions) of the partnership return for the adjusted year and ending on the due date (excluding extensions) of the partnership return for the tax year the adjustment takes effect (or the date the partnership paid the tax due under 2 above, if earlier). The adjusted year is the partnership tax year in which the item being adjusted arose.
Specific instructions for most of the lines have been provided. Lines that are not explained are self-explanatory. If, after reading the instructions, you are unable to complete an item in Part I or Part II, enter “See Part III” in the entry space for that item and provide the information here.
Note.
If the pass-through entity did not file a return or give you a Schedule K-1, Schedule Q, or foreign trust statement by the time you are required to file your return, complete Parts I and II to the best of your knowledge.
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You believe that both the amount and treatment of the item shown on Schedule K-1, Schedule Q, or foreign trust statement were not properly reported, or you believe an item was omitted from the form; or
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The pass-through entity did not file a return or give you a Schedule K-1, Schedule Q, or foreign trust statement.
Note.
If you check only “Treatment of item,” you do not need to complete columns (d) and (e).
Explain in detail the reasons you are reporting an inconsistent or amended item as follows:
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If you believe that the amount or treatment of any item shown on Schedule K-1, Schedule Q, or foreign trust statement was not properly reported, state how you think the item should be treated and why.
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If the pass-through entity has not filed a tax return by the time you are required to file your tax return, enter as the explanation, “Partnership (S corporation, Estate, Trust, or REMIC) return not filed.”
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If the pass-through entity did not give you a Schedule K-1, Schedule Q, or foreign trust statement by the time you are required to file your tax return, enter as the explanation “Schedule K-1 (Schedule Q or foreign trust statement) not received.”
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If you are filing an AAR on which you are changing the amount or treatment of any item on your original return, explain why you are changing the item.
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If you believe an item was omitted from Schedule K-1, Schedule Q, or foreign trust statement, enter as the explanation “Item was omitted from Schedule K-1 (Schedule Q or foreign trust statement).”
Recordkeeping | 4 hr., 18 min. |
Learning about the law or the form | 1 hr., 23 min. |
Preparing and sending the form to the IRS | 1 hr., 31 min. |
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