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                                                                 Return of Excise Tax on Undistributed Income of   
Form  8612                                                                            Real Estate Investment Trusts                                                 OMB No. 1545-1013 
(Rev. November 2022) 
Department of the Treasury                                                                    For calendar year 20 
Internal Revenue Service                                             Go to www.irs.gov/Form8612 for instructions and the latest information.
                                                Name of REIT                                                                                              Employer identification number 
Please  
Type                                            Number, street, and room or suite no. If a P.O. box, see instructions. 
or   
Print                                           City or town, state, and ZIP code 

                                            1 a Taxable  income  under  section  857(b)(2)  for  the  calendar  year. 
                                                See instructions .   .     .      . . . . . . . . .                    . . . .    1a 

                                            b   Multiply line 1a by 85% (0.85)  .       . . . . . .                    . . . .  . .  . . .      . .   . . .      1b 

                                            2 a Capital  gain  net  income  under  section  4981(e)(2)  for  the 
                                                calendar year. See instructions .       . . . . . .                    . . . .    2a 
                                            b   Multiply line 2a by 95% (0.95)  .       . . . . . .                    . . . .  . .  . . .      . .   . . .      2b 
                                            3 a Grossed up required distribution for the previous calendar year. 
                                                See instructions  .  .     .      . . . . . . . . .                    . . . .    3a 
                      Required Distribution b   Distributed amount for the previous calendar year under section 
                                                4981(c)  .   . . .   .     .      . . . . . . . . .                    . . . .    3b 
                                            c   Subtract line 3b from line 3a. If zero or less, enter -0-                . . .  . .  . . .      . .   . . .      3c 

                                            4   Required distribution. Add lines 1b, 2b, and 3c  .                     . . . .  . .  . . .      . .   . . .      4 

                                            5   Deduction for dividends paid under section 561 during the calendar year. See instructions  .                     5 
                                            6   Amount on which tax is imposed under sections 857(b)(1) or (b)(3)(A) for any tax year ending 
                                                in or with the calendar year. See instructions  . .                    . . . .  . .  . . .      . .   . . .      6 
                                            7 a Distributed amount for the previous calendar year under section 
                                                4981(c). Enter amount from line 3b above      . . .                    . . . .    7a 
                                            b   Grossed up required distribution for the previous calendar year. 
                                                Enter amount from line 3a above  .        . . . . .                    . . . .    7b 
                      Distributed Amount 
                                            c   Subtract line 7b from line 7a. If zero or less, enter -0-                . . .  . .  . . .      . .   . . .      7c 

                                            8   Distributed amount. Add lines 5, 6, and 7c .    . .                    . . . .  . .  . . .      . .   . . .      8 

                                            9   Undistributed income. Subtract line 8 from line 4. If zero or less, enter -0-  .                . .   . . .      9 

                                            10  Excise tax on undistributed income. Multiply line 9 by 4% (0.04)  .               .  . . .      . .   . . .      10 

                                            11  Tax paid with extension of time to file (Form 7004)                    . . . .  . .  . . .      . .   . . .      11 

                      Tax and Payments      12  Tax due. Subtract line 11 from line 10. See instructions .                 . .  . .  . . .      . .   . . .      12 

                                            13  Overpayment. Subtract line 10 from line 11 .    . .                    . . . .  . .  . . .      . .   . . .      13 
                                                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.
Sign   
Here 
                                                Signature of officer                                                       Date                 Title 
                                                Print/Type preparer’s name                Preparer’s signature                           Date
Paid                                                                                                                                                      Check         if PTIN
                                                                                                                                                          self-employed
Preparer 
Use Only                                        Firm’s name                                                                                           Firm’s EIN 
                                                Firm’s address                                                                                        Phone no.
For Paperwork Reduction Act Notice, see instructions.                                                                           Cat. No. 64121U                     Form 8612 (Rev. 11-2022) 



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Form 8612 (Rev. 11-2022)                                                                                                                               Page 2 
General Instructions                                Amended Return                                        Line 12. The REIT must use electronic funds 
                                                                                                          transfers to make all federal tax deposits (such 
Section references are to the Internal Revenue      To amend a previously filed Form 8612, file  a        as deposits of employment tax, excise tax, and 
Code.                                               corrected Form 8612 and write “Amended” at the        corporate income tax). Generally, electronic 
                                                    top of the form.                                      funds transfers are made using the Electronic 
Purpose of Form                                                                                           Federal Tax Payment System (EFTPS). However, 
Form 8612 is used by real estate investment         Specific Instructions                                 if you don’t want to use EFTPS, you can arrange 
                                                                                                          for your tax professional, financial institution, 
trusts (REITs) to figure and pay the excise tax on  Period covered. Fill in the space at the top of       payroll service, or other trusted third party to 
undistributed income under section 4981. The        the form to show the calendar year for which this     make deposits on your behalf. EFTPS is a free 
excise tax is 4% of the excess, if any, of the      return is filed. The REIT is required to figure its   service provided by the Department of the 
required distribution over the distributed amount.  undistributed income on a calendar year basis         Treasury. Services provided by your tax 
                                                    even though it may file its income tax return and     professional, financial institution, payroll service, 
Who Must File                                       keep its books and records on a fiscal year basis.    or other third party may have a fee.
Any REIT that is liable for the excise tax on       Address. Include the suite, room, or other unit       For more information about EFTPS, or to enroll 
undistributed income under section 4981 must        number after the street address. If the Post          in EFTPS, visit the EFTPS website at 
file Form 8612.                                     Office does not deliver mail to the street address    www.eftps.gov or call 800-555-4477. To contact 
                                                    and the REIT has a P.O. box, show the box             EFTPS using Telecommunications Relay 
When and Where To File                              number instead.                                       Services (TRS) for people who are deaf, hard of 
File Form 8612 by March 15th following the          If the REIT receives its mail in care of a  third     hearing, or have a speech disability, dial 711 and 
calendar year to which the excise tax liability     party (such as an accountant or an  attorney),        then provide the TRS assistant the 800-555-4477 
applies. File it with the Department of the         enter on the street address line “C/O” followed       number above or 800-733-4829. 
Treasury, Internal Revenue Service Center,          by the third party’s name and street address or       Depositing on time. For any deposit made by 
Cincinnati, OH 45999.                               P.O. box.                                             EFTPS to be on time, the REIT must submit the 
  If more time is needed, use Form 7004,            Line 1a. Refigure real estate investment trust        deposit by 8 p.m. Eastern time on the day before 
Application for Automatic Extension of Time To      taxable income, treating the calendar year as the     the date the deposit is due. If the REIT uses a 
File Certain Business Income Tax, Information,      REIT’s tax year. When refiguring this amount,         third party to make the deposits on its behalf, 
and Other Returns. However, Form 7004 does          exclude the deduction for dividends paid and any      they may have different cutoff times.
not extend the time for payment of tax.             gain or loss from the sale or exchange of a 
                                                    capital asset. Include adjustments that result in     Paperwork Reduction Act Notice. We ask for 
Who Must Sign                                       the distribution of deficiency dividends (defined     the information on this form to carry out the 
Form 8612 must be signed and dated by the           in section 860(f)) for the year in which the          Internal Revenue laws of the United States. You 
president, vice president, treasurer, assistant     dividends are paid. Also, include the REIT’s          are required to give us the information. We need 
treasurer, or chief accounting officer, or by any   share of partnership ordinary income (loss) and       it to ensure that you are complying with these 
other officer (such as tax officer) authorized to   deductions when they are taken into account by        laws and to allow us to figure and collect the 
sign. Receivers, trustees, or assignees must sign   the partnership. For details and exceptions, see      right amount of tax. 
and date any return that they are required to file  Rev. Rul. 94-40, 1994-1 C.B. 274; and Rev. Proc.      You are not required to provide the  
on behalf of the REIT.                              94-71, 1994-2 C.B. 810.                               information requested on a form that is  subject 
                                                    Line 2a. To determine capital gain net income,        to the Paperwork Reduction Act unless the form 
Rounding Off to Whole Dollars                       figure the excess, if any, of the gains over the      displays a valid OMB control number. Books or 
The REIT may show amounts on the return as          losses from the sale or exchange of capital           records relating to a form or its instructions must 
whole dollars. To do so, drop any amount less       assets, determined by treating the calendar year      be retained as long as their contents may 
than 50 cents and increase any amount from 50       as the REIT’s tax year. Reduce the result by the      become material in the administration of any 
cents through 99 cents to the next dollar.          REIT’s net ordinary loss (as defined in section       Internal Revenue law. Generally, tax returns and 
                                                    4981(e)(2)(C)), if any, for the calendar year.        return information are confidential, as required by 
Interest and Penalties                              Include adjustments that result in the distribution   section 6103. 
                                                    of deficiency dividends (defined in section 860(f)) 
Interest. Interest is charged on taxes paid late    and that affect capital gain net income for the       The time needed to complete and file this form 
even if an extension of time to file is granted.    year in which the dividends are paid. Also,           will vary depending on individual  circumstances. 
Interest is also charged on penalties imposed for   include the REIT’s share of partnership items that    The estimated average time  is: 
failure to file, negligence, fraud, and substantial affect capital gain net income when they are          Recordkeeping    .    .   .  .    .  6 hr., 13 min. 
understatements of tax from the due date            taken into account by the partnership. For details    Learning about the   
(including extensions) to the date of payment.      and exceptions, see Rev. Rul. 94-40 and Rev.          law or the form  .    .   .  .    . . 1 hr., 40 min. 
The interest charge is figured at a rate            Proc. 94-71. 
                                                                                                          Preparing and 
determined under section 6621.                      Line 3a. Add lines 1a and 2a using amounts for        sending the form 
Late payment of tax. A REIT that doesn’t pay        the previous calendar year, increased by the          to the IRS     . .    .   .  .    .  1 hr., 52 min. 
the tax when due may be charged a penalty for       prior year’s shortfall, if any, as defined in section 
the failure to pay tax. The amount of the penalty   4981(b)(2).                                           If you have comments concerning the  
                                                                                                          accuracy of these time estimates or  suggestions 
is ½ of 1% of the unpaid tax for each month or      Line 5. Enter the deduction for dividends paid (as    for making this form simpler, we would be happy 
part of the month the tax is not paid, up to a      defined in section 561) during the current            to hear from you. You can send us comments 
maximum of 25% of the unpaid tax. This penalty      calendar year figured without regard to the           from www.irs.gov/FormComments. Or you can 
won’t be imposed if the REIT can show that the      dividends paid, if any, attributable to net income    write to the Internal Revenue Service, Tax Forms 
failure to pay on time was due to reasonable        from foreclosure property. Include deficiency         and Publications, 1111 Constitution Ave. NW, 
cause.                                              dividends (defined in section 860(f)) paid during     IR-6526, Washington, DC 20224. Do not send 
Late filing of return. A REIT that doesn’t file its the calendar year. Also, include dividends            the form to this address. Instead, see When and 
tax return by the due date, including extensions,   declared in October, November, or December            Where To File, earlier. 
may be penalized 5% of the unpaid tax for each      but only if they were actually paid by the REIT 
month or part of a month the return is late, up to  during January of the following calendar year. 
a maximum of 25% of the unpaid tax. The             See section 857(b)(9). Do not include on this line 
penalty won’t be imposed if the REIT can show       any other dividends paid after the close of the 
that the failure to file on time was due to         calendar year. 
reasonable cause. REITs that file late should       Line 6. Line 6 is the total of the following  
send an explanation of reasonable cause after       amounts figured for the tax year of the REIT 
receiving a notice from the IRS. Do not attach an   ending in or with the calendar year for which this 
explanation when the return is filed.               excise tax return is filed. 
Other penalties.Other penalties can be              1. Real estate investment trust taxable income 
imposed for negligence, substantial                 from Form 1120-REIT, Part I, line 22. 
understatements of tax, reportable transaction 
understatements, and fraud. See sections 6662,      2.  Undistributed capital gains designated 
6662A, and 6663.                                    under section 857(b)(3)(D) from Form 2438, line 
                                                    11. 






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