Enlarge image | Excise Taxes on Excess Inclusions of Form 8831 OMB No. 1545-1379 (Rev. April 2018) REMIC Residual Interests Department of the Treasury Internal Revenue Service ▶ Go to www.irs.gov/Form8831 for the latest information. Name Identifying number Please Number, street, and room or suite no. (If a P.O. box, see instructions.) Type or Print City or town, state or province, country, and ZIP or foreign postal code Part I Transfers to Disqualified Organizations. File a separate Form 8831 for each transfer of a residual interest. Section A—Information on the Transfer 1 Enter the date the residual interest was transferred to a disqualified organization . . . . . ▶ 2 Within a reasonable time after discovering this transfer was subject to tax under section 860E(e)(1), were steps taken so that the residual interest you transferred is no longer held by a disqualified organization? ▶ Yes No 3 If you answered “Yes” to question 2, enter the date the disqualified organization disposed of the residual interest . . . . . . . . . . . . . . . . . . . . . . . . . . . ▶ If you answered “Yes” to question 2, the tax due under section 860E(e)(1) will be waived if you pay the amount due under Regulations section 1.860E-2(a)(7)(ii). Skip Section B and go to Section C to figure the amount due. If you answered “No” to question 2, use Section B to figure the tax due under section 860E(e)(1). Do not complete Section C. Section B—Tax Due Under Section 860E(e)(1). Complete this section only if you answered “No” to question 2. 4 Enter the present value of the excess inclusions allocable to the residual interest you transferred that are expected to accrue in each calendar quarter (or part thereof) following the transfer of that interest to the disqualified organization (see instructions) . . . . . . . . . . . . . . 4 5 Tax due. Multiply line 4 by the highest rate of tax specified in section 11 (see instructions) . . . 5 Section C—Amount Due Under Regulations Section 1.860E-2(a)(7)(ii). Complete this section only if you answered “Yes” to question 2. 6 Enter the amount of excess inclusions allocable to the residual interest you transferred that accrued during the period the disqualified organization held that interest . . . . . . . . . 6 7 Amount due. Multiply line 6 by the highest rate of tax specified in section 11 (see instructions) . 7 Part II Tax on Pass-Through Entities With Interests Held by Disqualified Organizations. File a separate Form 8831 for Part II if you owe tax in Part I. 8 Enter the ending date of the pass-through entity’s tax year for which this return is being filed . . . . . . . . . . . . . . ▶ 9 Enter the amount of excess inclusions allocable to interests in the pass-through entity for which the record holder is a disqualified organization . . . . . . . . . . . . . . . . . 9 10 Tax due. Multiply line 9 by the highest rate of tax specified in section 11 (see instructions) . . . 10 Part III Tax and Payments 11 Enter the amount from line 5, 7, or 10, whichever applies . . . . . . . . . . . . . . 11 12 Amount paid with Form 7004 . . . . . . . . . . . . . . . . . . . . . . . 12 13 Amount due. Enter the excess of line 11 over line 12 . . . . . . . . . . . . . . . 13 14 Overpayment. Enter the excess of line 12 over line 11 . . . . . . . . . . . . . . . 14 Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct, and complete. Declaration of preparer (other than taxpayer) is based on all information of which preparer has any knowledge. ▶ ▶ ▶ Signature Date Title (if any) Print/Type preparer’s name Preparer’s signature Date PTIN Paid Check if self-employed Preparer ▶ Firm’s EIN ▶ Firm s name Use Only ’ Firm’s address ▶ Phone no. For Privacy Act and Paperwork Reduction Act Notice, see instructions. Cat. No. 13377A Form 8831 (Rev. 4-2018) |
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Enlarge image | Form 8831 (Rev. 4-2018) Page 3 Section references are to the Internal You will be relieved of the liability for its tax year in which the disqualified Revenue Code unless otherwise noted. the tax if you obtain an affidavit from the person is a record holder. If the due transferee signed under penalties of date falls on a Saturday, Sunday, or Future Developments perjury that either furnishes the legal holiday, file on the next day that is For the latest information about transferee’s social security number or not a Saturday, Sunday, or legal holiday. developments related to Form 8831 and states that the transferee is not a If more time is needed, use Form its instructions, such as legislation disqualified organization, provided you 7004, Application for Automatic enacted after they were published, go to do not have actual knowledge at the Extension of Time To File Certain www.irs.gov/Form8831. time of the transfer that the affidavit is Business Income Tax, Information, and false. Other Returns, to request an extension General Instructions A pass-through entity must file Form of time to file Form 8831. However, Form 8831 if it is liable for the tax in Part II 7004 does not extend the time for Purpose of Form under section 860E(e)(6). The entity must payment of tax. pay this tax if, at any time during the Use Form 8831 to report and pay: entity’s tax year, excess inclusions from Where To File • The excise tax due under section a residual interest in a REMIC are Send Form 8831 to the following 860E(e)(1) on any transfer of a residual allocable to an interest in the entity for address. interest in a REMIC to a disqualified which the record holder is a disqualified organization, organization. The tax applies to excess Department of the Treasury • The amount due under Regulations inclusions for periods after March 31, Internal Revenue Service section 1.860E-2(a)(7)(ii) if the tax under 1988, but only to the extent the Cincinnati, OH 45999 section 860E(e)(1) is to be waived, or inclusions are allocable either to an interest in the pass-through entity Rounding Off to Whole • The excise tax due under section acquired after March 31, 1988, or to a Dollars 860E(e)(6) on pass-through entities with residual interest acquired by the pass- You may round off cents to whole interests held by disqualified through entity after March 31, 1988. Any dollars on your returns and schedules. If organizations. All interests in an electing interest acquired under a binding you do round to whole dollars, you must large partnership are treated as held by contract in effect on March 31, 1988, is round all amounts. To round, drop disqualified organizations (see section treated as acquired before that date. A amounts under 50 cents and increase 774(e) for details). real estate investment trust, regulated amounts from 50 to 99 cents to the next investment company, common trust dollar. For example, $1.39 becomes $1 Definitions fund, or publicly traded partnership is and $2.50 becomes $3. A disqualified organization is: subject to the tax due under section 860E(e)(6) only for tax years beginning If you have to add two or more • The United States, any state or after 1988. amounts to figure the amount to enter political subdivision thereof, any foreign on a line, include cents when adding the government, any international Generally, a pass-through entity is not amounts and round off only the total. organization, or any of their agencies or subject to the excise tax under section instrumentalities (except for certain 860E(e)(6) if it obtains an affidavit from Amended Return taxable instrumentalities described in the record holder signed under penalties section 168(h)(2)(D) and the Federal of perjury that either furnishes the record To amend a previously filed Form 8831, Home Loan Mortgage Corporation); holder’s social security number or states file a corrected Form 8831 marked that the record holder is not a “Amended” at the top of the form. • Any tax-exempt organization (other than a disqualified organization. The affidavit farmers’ cooperative described in section provides relief for any period during Signature 521), unless that organization is subject to which the pass-through entity does not See the instructions for the “Signature” the unrelated business income tax; and have actual knowledge that the affidavit section of your federal income tax • Any cooperative described in section is false. However, this relief does not return. 1381(a)(2)(C). apply to electing large partnerships. A pass-through entity is a regulated A pass-through entity that owes both Paid Preparer Use Only investment company, real estate the excise tax in Part I under section A paid preparer must sign Form 8831 investment trust, common trust fund, 860E(e)(1) (or the amount due under and provide the information in the Paid partnership, trust, estate, or a cooperative Regulations section 1.860E-2(a)(7)(ii)) Preparer Use Only section at the end of described in section 1381. A person and the excise tax in Part II under the form if the preparer was paid to holding an interest in a pass-through entity section 860E(e)(6) must file a separate prepare the form and is not an employee as a nominee for another person is also form for each tax. of the filing entity. The preparer must treated as a pass-through entity. give you a copy of the form in addition to When To File the copy to be filed with the IRS. Who Must File For the excise tax due under section If you are a paid preparer, enter your You must file Form 8831 if you are liable 860E(e)(1), file Form 8831 and pay the Preparer Tax Identification Number for the excise tax in Part I under section tax by April 15 of the year following the (PTIN) in the space provided. Include 860E(e)(1) (or the amount due under calendar year in which the residual your complete address. If you work for a Regulations section 1.860E-2(a)(7)(ii)) interest is transferred to a disqualified firm, you also must enter the firm’s name because you transferred a residual organization. A pass-through entity must and the EIN of the firm in place of your interest in a REMIC to a disqualified file Form 8831 and pay the tax due PTIN. organization after March 31, 1988 under section 860E(e)(6) by the 15th day (unless the transfer was made under a of the 4th month following the close of binding contract in effect on that date). File a separate Form 8831 for each transfer of a residual interest. |
Enlarge image | Form 8831 (Rev. 4-2018) Page 4 You can apply for a PTIN online or by The present value of the excess Line 14. The IRS will refund the amount filing Form W-12, IRS Paid Preparer Tax inclusions expected to accrue is on line 14 if you owe no other taxes. Identification Number (PTIN) Application determined by discounting all remaining Privacy Act and Paperwork Reduction and Renewal. For more information excess inclusions expected to accrue on Act Notice. We ask for the information about applying for a PTIN online, visit the the residual interest from the end of on this form to carry out the Internal IRS website at www.irs.gov/PTIN. each calendar quarter in which those Revenue laws of the United States. We inclusions are expected to accrue to the need it to figure and collect the right Interest and Penalties date the disqualified organization amount of tax. This form is used to Interest. Interest is charged on taxes acquired the residual interest. The determine the amount of taxes you owe not paid by the due date. Interest is also discount rate to be used in this as imposed by section 860E. Section charged on certain penalties. The computation is the applicable federal 6011 requires you to provide the interest charged is figured at a rate rate under section 1274(d)(1) that would requested information if the tax is determined under section 6621. apply to a debt instrument issued on the applicable to you. Section 6109 requires date the disqualified organization you to provide your identification Late filing penalty. Generally, a penalty acquired the residual interest and with a number. Routine uses of this information of 5% a month or part of a month, up to term that ends on the last day of the last include giving it to the Department of a maximum of 25%, is imposed on the quarter in which excess inclusions are Justice for civil and criminal litigation and net amount of tax due if the excise tax expected to accrue for the interest. to cities, states, and the District of return is not filed when due. The REMIC must furnish the Columbia, and U.S. commonwealths and Late payment penalty. Generally, the information needed to figure the amount possessions for use in administering penalty for not paying tax when due is on line 4 upon your request. The their tax laws. We may also disclose this 1/2 of 1% of the unpaid tax, up to a information must be furnished within 60 information to other countries under a maximum of 25%, for each month or days of the request. The REMIC may tax treaty, to federal and state agencies part of a month the tax remains unpaid. charge a fee for this information. to enforce federal nontax criminal laws, Blended tax rate for fiscal year filers. Line 6. Enter the amounts reported on or to federal law enforcement and Effective for tax years beginning after Schedule Q (Form 1066), Quarterly intelligence agencies to combat December 31, 2017, a corporation’s tax Notice to Residual Interest Holder of terrorism. If you fail to provide this is figured by multiplying taxable income REMIC Taxable Income or Net Loss information in a timely manner, you may by 21%. However, under section 15, Allocation, line 2c, to the disqualified be subject to penalties. corporations with fiscal tax years organization for the period it held the You are not required to provide the beginning before January 1, 2018, and residual interest. information requested on a form that is ending after December 31, 2017, figure subject to the Paperwork Reduction Act and apportion their tax by blending the Part II unless the form displays a valid OMB rates in effect before January 1, 2018, control number. Books or records with the rate in effect after December 31, Line 9. Enter the amounts reported on 2017. Schedule Q (Form 1066), line 2c, for the relating to a form or its instructions must tax year of the pass-through entity that be retained as long as their contents are allocable to all disqualified may become material in the Specific Instructions organizations that held an interest in the administration of any Internal Revenue entity. law. Generally, tax returns and return Name and Address information are confidential, as required Line 10. In general, deduct the amount by section 6103. Enter the name shown on your most on line 10 to figure the ordinary income recently filed federal income tax return. of the pass-through entity. For example, The time needed to complete and file Include the suite, room, apartment, or a real estate investment trust deducts this form will vary depending on other unit number after the street the tax to figure its real estate individual circumstances. The estimated address. If the Post Office does not investment trust taxable income under average time is: Recordkeeping, 4 hr., deliver mail to the street address and section 857(b)(2). However, an electing 32 min.; Learning about the law or the you have a P.O. box, show the box large partnership excludes the amount form, 1 hr., 29 min.; Preparing, number instead of the street address. subject to tax (line 9) instead of copying, assembling, and sending the deducting the tax (line 10) from its form to the IRS, 1 hr., 37 min. Identifying Number income. If you have comments concerning the If you are an individual, enter your social accuracy of these time estimates or security number. Other filers, enter your Part III suggestions for making this form employer identification number. Line 12. If you filed Form 7004, enter simpler, we would be happy to hear the amount paid, if any, when you filed from you. You can send comments Part I that form. through www.irs.gov/FormComments. Or you can write to: Line 4. The excess inclusions expected Line 13. You must pay the full amount to accrue must be determined as of the reported on line 13. You may make your Internal Revenue Service date the residual interest is transferred payment using the Electronic Federal Tax Forms and Publications Division and must be based on events that have Tax Payment System (EFTPS). To do so, 1111 Constitution Ave. NW, IR-6526 occurred up to the time of the transfer, you must be enrolled in EFTPS. To enroll Washington, DC 20224 the prepayment and reinvestment in or get more information about EFTPS, Although we cannot respond assumptions adopted under section visit www.eftps.gov. individually to each comment received, 1272(a)(6) (or that would have been we do appreciate your feedback and will adopted if the REMIC’s regular interests You may also send us a check or had been issued with original issue money order. If so, make your check or consider your comments as we revise discount), and any required or permitted money order payable to “United States our tax products. Do not send the tax clean-up calls, or required qualified Treasury.” Write your name, address, form to this address. Instead, see Where liquidation provided under the REMIC’s identifying number, and “Form 8831” on To File, earlier. organizational documents. the check or money order. |