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Amended Tax Return

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Amended Tax Return

Amended tax return Publication 555 - Introductory Material Table of Contents Future Developments What's New Important Reminder IntroductionOrdering forms and publications. Amended tax return Tax questions. Amended tax return Useful Items - You may want to see: Future Developments For the latest information about developments related to Publication 555, such as legislation enacted after it was published, go to www. Amended tax return irs. Amended tax return gov/pub555. Amended tax return What's New Same-sex marriages. Amended tax return  For federal tax purposes, individuals of the same sex are married if they were lawfully married in a state (or foreign country) whose laws authorize the marriage of two individuals of the same sex, even if the state (or foreign country) in which they now live does not recognize same-sex marriage. Amended tax return The term "spouse" includes an individual married to a person of the same sex if the couple is lawfully married under state (or foreign) law. Amended tax return However, individuals who have entered into a registered domestic partnership, civil union, or other similar relationship that is not called a marriage under state (or foreign) law are not married for federal tax purposes. Amended tax return The word “state” as used here includes the District of Columbia, Puerto Rico, and U. Amended tax return S. Amended tax return territories and possessions. Amended tax return It means any domestic jurisdiction that has the legal authority to sanction marriages. Amended tax return The term “foreign country” means any foreign jurisdiction that has the legal authority to sanction marriages. Amended tax return If individuals of the same sex are married, they generally must use the married filing jointly or married filing separately filing status. Amended tax return However, if they did not live together during the last 6 months of the year, one or both of them may be able to use the head of household filing status. Amended tax return For details, see Publication 501, Exemptions, Standard Deduction, and Filing Information. Amended tax return Also see Revenue Ruling 2013-17 and Answers to Frequently Asked Questions for Individuals of the Same Sex Who Are Married Under State Law on IRS. Amended tax return gov. Amended tax return Important Reminder Photographs of missing children. Amended tax return  The Internal Revenue Service is a proud partner with the National Center for Missing and Exploited Children. Amended tax return Photographs of missing children selected by the Center may appear in this publication on pages that would otherwise be blank. Amended tax return You can help bring these children home by looking at the photographs and calling 1-800-THE-LOST (1-800-843-5678) if you recognize a child. Amended tax return Introduction This publication is for married taxpayers who are domiciled in one of the following community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, or Wisconsin. Amended tax return This publication does not address the federal tax treatment of income or property subject to the “community property” election under Alaska state laws. Amended tax return Community property laws affect how you figure your income on your federal income tax return if you are married, live in a community property state or country, and file separate returns. Amended tax return If you are married, your tax usually will be less if you file married filing jointly than if you file married filing separately. Amended tax return However, sometimes it can be to your advantage to file separate returns. Amended tax return If you and your spouse file separate returns, you have to determine your community income and your separate income. Amended tax return Community property laws also affect your basis in property you inherit from a married person who lived in a community property state. Amended tax return See Death of spouse , later. Amended tax return Registered domestic partners. Amended tax return    This publication is also for registered domestic partners who are domiciled in Nevada, Washington, or California. Amended tax return Registered domestic partners in Nevada, Washington, or California generally must follow state community property laws and report half the combined community income of the individual and his or her registered domestic partner. Amended tax return   Registered domestic partners are not married for federal tax purposes. Amended tax return They can use the single filing status, or if they qualify, the head of household filing status. Amended tax return    You can find answers to frequently asked questions by going to www. Amended tax return irs. Amended tax return gov/pub555 and clicking on Answers to Frequently Asked Questions for Registered Domestic Partners and Individuals in Civil Unions under Other Items You May Find Useful. Amended tax return Comments and suggestions. Amended tax return    We welcome your comments about this publication and your suggestions for future editions. Amended tax return   You can write to us at the following address: Internal Revenue Service Tax Forms and Publications Division 1111 Constitution Ave. Amended tax return NW, IR-6526 Washington, DC 20224   We respond to many letters by telephone. Amended tax return Therefore, it would be helpful if you would include your daytime phone number, including the area code, in your correspondence. Amended tax return   You can send your comments from www. Amended tax return irs. Amended tax return gov/formspubs. Amended tax return Click on “More Information” and then on “Give us feedback on forms and publications. Amended tax return ”   Although we cannot respond individually to each comment received, we do appreciate your feedback and will consider your comments as we revise our tax products. Amended tax return Ordering forms and publications. Amended tax return    Visit www. Amended tax return irs. Amended tax return gov/formspubs to download forms and publications, call 1-800-TAX-FORM (1-800-829-3676), or write to the address below and receive a response within 10 days after your request is received. Amended tax return Internal Revenue Service 1201 N. Amended tax return Mitsubishi Motorway Bloomington, IL 61705-6613 Tax questions. Amended tax return    If you have a tax question, check the information available on IRS. Amended tax return gov or call 1-800-829-1040. Amended tax return We cannot answer tax questions sent to either of the above addresses. Amended tax return Useful Items - You may want to see: Publication 504 Divorced or Separated Individuals 505 Tax Withholding and Estimated Tax 971 Innocent Spouse Relief Form (and Instructions) 8857 Request for Innocent Spouse Relief 8958 Allocation of Tax Amounts Between Certain Individuals in Community Property States  See How To Get Tax Help near the end of this publication for information about getting these publications and forms. Amended tax return Prev  Up  Next   Home   More Online Publications
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Consumer Protection Offices

City, county, regional, and state consumer offices offer a variety of important services. They might mediate complaints, conduct investigations, prosecute offenders of consumer laws, license and regulate professional service providers, provide educational materials and advocate for consumer rights. To save time, call before sending a written complaint. Ask if the office handles the type of complaint you have and if complaint forms are provided.

State Consumer Protection Offices

Office of the Attorney General

Website: Office of the Attorney General

Address: Office of the Attorney General
Consumer Services Division
1400 Bremer Tower
445 Minnesota St.
St. Paul, MN 55101

Phone Number: 651-296-3353

Toll-free: 1-800-657-3787 (MN)

TTY: 651-297-7206 or 1-800-366-4812

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City Consumer Protection Offices

Minneapolis Department of Regulatory Services

Website: Minneapolis Department of Regulatory Services

Address: Minneapolis Department of Regulatory Services
Business Licenses & Consumer Services
City Hall, Room 1C
350 S. 5th St.
Minneapolis, MN 55415

Phone Number: 612-673-2080

TTY: 612-673-2157

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Banking Authorities

The officials listed in this section regulate and supervise state-chartered banks. Many of them handle or refer problems and complaints about other types of financial institutions as well. Some also answer general questions about banking and consumer credit. If you are dealing with a federally chartered bank, check Federal Agencies.

Department of Commerce

Website: Department of Commerce

Address: Department of Commerce
Financial Institutions Division
85 7th Pl. E, Suite 500
St. Paul, MN 55101

Phone Number: 651-296-2488

Toll-free: 1-800-657-3602

TTY: 651-296-2860

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Insurance Regulators

Each state has its own laws and regulations for each type of insurance. The officials listed in this section enforce these laws. Many of these offices can also provide you with information to help you make informed insurance buying decisions.

Department of Commerce

Website: Department of Commerce

Address: Department of Commerce
Insurance Division
85 7th Place E
Suite 500
St. Paul, MN 55101

Phone Number: 651-296-4026

Toll-free: 1-800-657-3602 (MN)

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Securities Administrators

Each state has its own laws and regulations for securities brokers and securities - including stocks, mutual funds, commodities, real estate, etc. The officials and agencies listed in this section enforce these laws and regulations. Many of these offices can also provide information to help you make informed investment decisions.

Department of Commerce

Website: Department of Commerce

Address: Department of Commerce
Securities Unit
Consumer Protection and Education

85 7th Pl. E, Suite 500
St. Paul, MN 55101

Phone Number: 651-296-4973 (Securities) 651-296-2488 (Consumer Protection)

Toll-free: 1-800-657-3602 (MN)

TTY: 651-296-2860

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Utility Commissions

State Utility Commissions regulate services and rates for gas, electricity and telephones within your state. In some states, the utility commissions regulate other services such as water, transportation, and the moving of household goods. Many utility commissions handle consumer complaints. Sometimes, if a number of complaints are received about the same utility matter, they will conduct investigations.

Public Utilities Commission

Website: Public Utilities Commission

Address: Public Utilities Commission
Consumer Affairs Office
121 7th Pl. E, Suite 350
St. Paul, MN 55101-2147

Phone Number: 651-296-0406

Toll-free: 1-800-657-3782

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The Amended Tax Return

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