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Irs Form State Tax Forms

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Irs Form State Tax Forms

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

Section 1203 of the IRS Restructuring and Reform Act of 1998 (RRA ’98), created a statutory provision requiring termination of IRS employment for misconduct.  Section 1203(a) provides that the Commissioner of the Internal Revenue shall terminate the employment of any employee of the Internal Revenue Service if there is a final administrative or judicial determination that such employee committed any act or omission described under subsection (b) in the performance of the employee’s official duties. One of the acts described in subsection (b) is retaliation.

Section 1203 (b)(6) provides that:

Violations of the Internal Revenue Code of 1986, Department of Treasury regulations, or policies of the Internal Revenue Service (including the Internal Revenue Manual) for the purpose of retaliating against, or harassing, a taxpayer, taxpayer representative, or other employee of the Internal Revenue Service.

is an act or omission requiring termination.

IRM Section 6.751.1.1 addresses administrative disciplinary matters.  Exhibit 6.751.1-1 is the Internal Revenue Service Guide for Penalty Determinations. Violations of RRA ’98, Section 1203 (b)(6) is included  in the Guide for Penalty Determinations.  This Exhibit shows that the penalty for a First Offense for an RRA ‘98 1203 (b)(6) offense is removal.

Page Last Reviewed or Updated: 05-Nov-2013

The Irs Form State Tax Forms

Irs form state tax forms Publication 530 - Introductory Material Table of Contents What's New Reminders IntroductionOrdering forms and publications. Irs form state tax forms Tax questions. Irs form state tax forms Useful Items - You may want to see: What's New Simplified method for business use of home deduction. Irs form state tax forms  The IRS now provides a simplified method to determine your expenses for business use of your home. Irs form state tax forms For more information, see the Instructions for Schedule C (Form 1040). Irs form state tax forms Reminders Future developments. Irs form state tax forms  For the latest information about developments related to Publication 530, such as legislation enacted after it was published, go to www. Irs form state tax forms irs. Irs form state tax forms gov/pub530. Irs form state tax forms Residential energy credits. Irs form state tax forms  You may be able to take a credit if you made energy saving improvements to your home located in the United States in 2013. Irs form state tax forms See Form 5695, Residential Energy Credits, for more information. Irs form state tax forms Home Affordable Modification Program (HAMP). Irs form state tax forms  If you benefit from Pay-for-Performance Success Payments, the payments are not taxable under HAMP. Irs form state tax forms Hardest Hit Fund and Emergency Homeowners' Loan Programs. Irs form state tax forms  If you are a homeowner who received assistance under a State Housing Finance Agency Hardest Hit Fund program or an Emergency Homeowners' Loan Program, you may be able to deduct all of the payments you made on your mortgage during the year. Irs form state tax forms For details, see Hardest Hit Fund and Emergency Homeowners' Loan Programs under What You Can and Cannot Deduct, later. Irs form state tax forms Mortgage debt forgiveness. Irs form state tax forms  You can exclude from gross income any discharges of qualified principal residence indebtedness made after 2006 and before 2014. Irs form state tax forms You must reduce the basis of your principal residence (but not below zero) by the amount you exclude. Irs form state tax forms See Discharges of qualified principal residence indebtedness , later, and Form 982, Reduction of Tax Attributes Due to Discharge of Indebtedness (and Section 1082 Basis Adjustment), for more information. Irs form state tax forms Repayment of first-time homebuyer credit. Irs form state tax forms  Generally, you must repay any credit you claimed for a home you bought if you disposed of the home or it ceased to be your main home in 2013. Irs form state tax forms If you bought the home in 2008 and you owned and used it as your main home for all of 2013, you generally must continue repaying the credit with your 2013 tax return, but you do not have to attach Form 5405, Repayment of the First-Time Homebuyer Credit. Irs form state tax forms See Form 5405 and its instructions for details and for exceptions to the repayment rule. Irs form state tax forms Photographs of missing children. Irs form state tax forms  The Internal Revenue Service is a proud partner with the National Center for Missing and Exploited Children. Irs form state tax forms Photographs of missing children selected by the Center may appear in this publication on pages that would otherwise be blank. Irs form state tax forms 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. Irs form state tax forms Introduction This publication provides tax information for homeowners. Irs form state tax forms Your home may be a house, condominium, cooperative apartment, mobile home, houseboat, or house trailer that contains sleeping space and toilet and cooking facilities. Irs form state tax forms The following topics are explained. Irs form state tax forms How you treat items such as settlement and closing costs, real estate taxes, sales taxes, home mortgage interest, and repairs. Irs form state tax forms What you can and cannot deduct on your tax return. Irs form state tax forms The tax credit you can claim if you received a mortgage credit certificate when you bought your home. Irs form state tax forms Why you should keep track of adjustments to the basis of your home. Irs form state tax forms (Your home's basis generally is what it cost; adjustments include the cost of any improvements you might make. Irs form state tax forms ) What records you should keep as proof of the basis and adjusted basis. Irs form state tax forms Comments and suggestions. Irs form state tax forms   We welcome your comments about this publication and your suggestions for future editions. Irs form state tax forms   You can write to us at the following address: Internal Revenue Service Tax Forms and Publications Division 1111 Constitution Ave. Irs form state tax forms NW, IR-6526 Washington, DC 20224   We respond to many letters by telephone. Irs form state tax forms Therefore, it would be helpful if you would include your daytime phone number, including the area code, in your correspondence. Irs form state tax forms   You can send your comments from www. Irs form state tax forms irs. Irs form state tax forms gov/formspubs/. Irs form state tax forms Click on “More Information” and then on “Comment on Tax Forms and Publications”. Irs form state tax forms   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. Irs form state tax forms Ordering forms and publications. Irs form state tax forms   Visit www. Irs form state tax forms irs. Irs form state tax forms 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. Irs form state tax forms Internal Revenue Service 1201 N. Irs form state tax forms Mitsubishi Motorway Bloomington, IL 61705-6613 Tax questions. Irs form state tax forms   If you have a tax question, check the information available on IRS. Irs form state tax forms gov or call 1-800-829-1040. Irs form state tax forms We cannot answer tax questions sent to either of the above addresses. Irs form state tax forms Useful Items - You may want to see: Publication 523 Selling Your Home 527 Residential Rental Property 547 Casualties, Disasters, and Thefts 551 Basis of Assets 555 Community Property 587 Business Use of Your Home 936 Home Mortgage Interest Deduction Form (and Instructions) 5405 Repayment of the First-Time Homebuyer Credit 5695 Residential Energy Credits 8396 Mortgage Interest Credit See How To Get Tax Help , near the end of this publication, for information about getting publications and forms. Irs form state tax forms Prev  Up  Next   Home   More Online Publications