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Department of the Treasury  
Internal Revenue Service  
Instructions for  
Form 1120-SF  
(Rev. November 2022)  
(Use with the November 2018 revision of Form 1120-SF)  
U.S. Income Tax Return for Settlement Funds  
Section references are to the Internal Revenue  
Who Must File  
Generally, file Form 7004 by the regular  
due date of the return.  
Code unless otherwise noted.  
All section 468B designated and qualified  
settlement funds must file an annual  
Future Developments  
Who Must Sign  
income tax return on Form 1120-SF.  
The return must be signed and dated by  
the administrator of the fund.  
For the latest information about  
developments related to Form 1120-SF  
When To File  
and its instructions, such as legislation  
enacted after they were published, go to  
Generally, a settlement fund must file its  
income tax return by the 15th day of the  
4th month after the end of its tax year.  
If an employee of the fund completes  
Form 1120-SF, the paid preparer's space  
should remain blank. Anyone who  
prepares Form 1120-SF but does not  
charge the fund should not complete that  
section. Generally, anyone who is paid to  
prepare the return must sign it and fill in  
the “Paid Preparer Use Only” area.  
However, a fund with a fiscal tax year  
ending on June 30 must file by the 15th  
day of the 3rd month after the end of its  
tax year. A fund with a short tax year  
ending in June will be treated as if the  
short year ended on June 30, and must file  
by the 15th day of the 3rd month after the  
end of its tax year.  
What's New  
Form 1120-SF. Form 1120-SF is not  
being revised. Continue to use the  
November 2018 revision of the Form  
1120-SF with these updated instructions.  
The paid preparer must complete the  
required preparer information and:  
Increase in penalty for failure to file.  
The minimum penalty for failure to file a  
return that is over 60 days late has  
Sign the return in the space provided  
for the preparer's signature, and  
If the due date falls on a Saturday,  
Sunday, or legal holiday, the fund may file  
on the next business day.  
increased to the smaller of the tax due or  
$450. See Late filing of return, later.  
Give a copy of the return to the  
administrator.  
Note. A paid preparer may sign original or  
amended returns by rubber stamp,  
mechanical device, or computer software  
program.  
Form 1120-W now historical. Form  
1120-W, Estimated Tax for Corporations,  
and the Instructions for Form 1120-W are  
now historical. The 2022 Form 1120-W  
(released in 2021) and the 2022  
Private delivery services (PDSs).  
Settlement funds can use certain PDSs  
designated by the IRS to meet the “timely  
mailing as timely filing/paying” rule for tax  
returns and payments. See the  
Instructions for Form 1120, U.S.  
Corporation Income Tax Return, for  
details.  
Paid Preparer  
Authorization  
Instructions for Form 1120-W (released in  
2021) will be the last revision of both the  
form and its instructions. Prior versions will  
be available on IRS.gov.  
If the fund wants to allow the IRS to  
discuss its tax return with the paid  
preparer who signed it, check the “Yes”  
box in the signature area of the return.  
This authorization applies only to the  
individual whose signature appears in the  
“Paid Preparer Use Only” section of the  
fund's return. It does not apply to the firm,  
if any, shown in that section.  
PDSs cannot deliver items to P.O.  
boxes. The fund must use the  
!
General Instructions  
CAUTION  
U.S. Postal Service to mail any  
items to an IRS P.O. box address.  
Purpose of Form  
Use Form 1120-SF to report transfers  
received, income earned, deductions  
claimed, and distributions made, and to  
figure the income tax liability of a  
Extension of time to file. File Form  
7004, Application for Automatic Extension  
of Time To File Certain Business Income  
Tax, Information, and Other Returns, to  
request an extension of time to file.  
If the “Yes” box is checked, the fund is  
authorizing the IRS to call the paid  
preparer to answer any questions that  
may arise during the processing of its  
return. The fund is also authorizing the  
paid preparer to:  
designated or qualified settlement fund.  
Where To File  
File the fund's return at the applicable IRS address listed below.  
Give the IRS any information that is  
If the fund's principal business, office, or  
agency is located in:  
Use the following address:  
missing from the return;  
Call the IRS for information about the  
The United States  
processing of the return or the status of  
any related refund or payment(s); and  
Department of the Treasury  
Internal Revenue Service Center  
Ogden, UT 84201-0012  
Respond to certain IRS notices about  
math errors, offsets, and return  
preparation.  
A foreign country or U.S. possession  
Internal Revenue Service Center  
P.O. Box 409101  
The fund is not authorizing the paid  
preparer to receive any refund check, bind  
the fund to anything (including any  
Ogden, UT 84409  
Nov 28, 2022  
Cat. No. 14988X  
 
additional tax liability), or otherwise  
represent the fund before the IRS.  
payment. The interest charge is figured at  
a rate determined under section 6621.  
Depositing on time. For any deposit  
made by EFTPS to be on time, the fund  
must submit the deposit by 8 p.m. Eastern  
time the day before the date the deposit is  
due. If the fund uses a third party to make  
deposits on its behalf, they may have  
different cutoff times.  
Late filing of return. A fund that does  
not file its tax return by the due date,  
including extensions, may be penalized  
5% of the unpaid tax for each month or  
part of a month the return is late, up to a  
maximum of 25% of the unpaid tax. The  
minimum penalty for a return that is over  
60 days late is the smaller of the tax due  
or $450. The penalty won’t be imposed if  
the fund can show that the failure to file on  
time was due to reasonable cause.  
The authorization will automatically end  
no later than the due date (excluding  
extensions) for filing the fund's tax return.  
If the fund wants to expand the paid  
preparer's authorization or revoke the  
authorization before it ends, see Pub. 947,  
Practice Before the IRS and Power of  
Attorney.  
Same-day wire payment option. If the  
fund fails to submit a deposit transaction  
on EFTPS by 8 p.m. Eastern time the day  
before the date a deposit is due, it can still  
make its deposit on time by using the  
Federal Tax Collection Service (FTCS).  
To use the same-day wire payment  
Assembling the Return  
To ensure that the fund's tax return is  
processed correctly, attach all schedules  
in alphabetical order and other forms in  
numerical order after Form 1120-SF.  
Late payment of tax. A fund that doesn’t  
pay the tax when due may generally be  
penalized 1/2 of 1% of the unpaid tax for  
each month or part of a month the tax is  
not paid, up to a maximum of 25% of the  
unpaid tax. The penalty won’t be imposed  
if the fund can show that the failure to pay  
on time was due to reasonable cause.  
method, the fund will need to make  
arrangements with its financial institution  
ahead of time regarding availability,  
deadlines, and costs. Financial institutions  
may charge a fee for payments made this  
way. To learn more about the information  
the fund will need to provide to its financial  
institution to make a same-day wire  
Complete every applicable entry space  
on Form 1120-SF. Do not write “See  
Attached” instead of completing the entry  
spaces. If more space is needed on the  
forms or schedules, attach separate  
sheets using the same size and format as  
the printed forms. If there are supporting  
statements and attachments, arrange  
them in the same order as the schedules  
or forms they support and attach them  
last. Show the totals on the printed forms.  
Enter the fund's name and employer  
identification number (EIN) on each  
supporting statement or attachment.  
Reasonable-cause determinations. If  
the fund receives a notice about penalties  
after it files its return, send the IRS an  
explanation, and we will determine if the  
fund meets the reasonable-cause criteria.  
Do not attach an explanation when the  
fund files its return.  
payment, go to IRS.gov/SameDayWire.  
Estimated Tax Payments  
Generally, the following rules apply to the  
fund's payments of estimated tax.  
A fund must make installment payments  
of estimated tax if it expects its total tax for  
the year (less applicable credits) to be  
$500 or more.  
The trust fund recovery penalty. This  
penalty may apply if certain excise,  
income, social security, and Medicare  
taxes that must be collected or withheld  
are not collected or withheld, or these  
taxes are not paid. The trust fund recovery  
penalty may be imposed on all persons  
who are determined by the IRS to have  
been responsible for collecting,  
The installments are due by the 15th  
day of the 4th, 6th, 9th, and 12th months  
of the tax year. If any date falls on a  
Saturday, Sunday, or legal holiday, the  
installment is due on the next business  
day.  
Tax Payments  
The fund must pay any tax due in full no  
later than the 15th day of the 4th month  
after the end of the tax year.  
Electronic Deposit  
Requirement  
The fund must use electronic funds  
accounting for, and paying over these  
taxes, and who acted willfully in not doing  
so. The penalty is equal to the unpaid trust  
fund tax. See the Instructions for Form 720  
or Pub. 15 (Circular E), Employer's Tax  
Guide, for details, including the definition  
of responsible persons.  
transfers to make installment payments of  
estimated tax.  
Settlement funds must use electronic  
funds transfers to make all federal tax  
deposits (such as deposits of  
If, after the fund figures and deposits  
estimated tax, it finds that its tax liability for  
the year will be more or less than originally  
estimated, it may have to refigure its  
required installments. If earlier  
employment, excise, and income tax).  
Generally, electronic funds transfers are  
made using the Electronic Federal Tax  
Payment System (EFTPS). However, if the  
fund does not want to use EFTPS, it can  
arrange for its tax professional, financial  
institution, payroll service, or other trusted  
third party to make deposits on its behalf.  
Also, it may arrange for its financial  
institution to submit a same-day wire  
payment (discussed below) on its behalf.  
EFTPS is a free service provided by the  
Department of the Treasury. Services  
provided by a tax professional, financial  
institution, payroll service, or other third  
party may have a fee.  
installments were underpaid, the fund may  
owe a penalty. See the instructions for  
Other penalties. Other penalties can be  
imposed for negligence, substantial  
understatement of tax, reportable  
If the fund overpaid estimated tax, it  
transaction understatements, and fraud.  
See sections 6662, 6662A, and 6663.  
may be able to get a quick refund by filing  
Form 4466, Corporation Application for  
Quick Refund of Overpayment of  
Estimated Tax.  
Accounting Method  
A designated or qualified settlement fund  
must use the accrual method of  
accounting.  
See section 6655 for more information  
on how to figure estimated taxes.  
Interest and Penalties  
Rounding Off to Whole  
Dollars  
Interest. Interest is charged on taxes  
paid late even if an extension of time to file  
is granted. Interest is also charged on  
penalties imposed for failure to file,  
negligence, fraud, substantial valuation  
misstatements, substantial  
To get more information about EFTPS  
or to enroll in EFTPS, go to EFTPS.gov or  
call 800-555-4477. To contact EFTPS  
using Telecommunications Relay Services  
(TRS) for people who are deaf, hard of  
hearing, or have a speech disability, dial  
711 and then provide the TRS assistant  
the 800-555-4477 number above or  
800-733-4829.  
The fund may round off cents to whole  
dollars on its return and schedules. If the  
fund does round to whole dollars, it must  
round all amounts. To round, drop  
amounts under 50 cents and increase  
amounts from 50 cents to 99 cents to the  
next dollar. For example, $1.39 becomes  
$1 and $2.50 becomes $3.  
understatements of tax, and reportable  
transaction understatements from the due  
date (including extensions) to the date of  
-2-  
 
If two or more amounts must be added  
to figure the amount to enter on a line,  
include cents when adding the amounts  
and round off only the total.  
The arbitration award is issued  
administrator (defined later) may jointly  
elect the relation-back election (defined  
below) to treat the fund as coming into  
existence as a qualified settlement fund on  
the later of (a) the date the fund meets the  
resolve or satisfy requirement and the  
segregation requirement, or (b) January 1  
of the calendar year in which all three  
requirements are satisfied.  
If a relation-back election is made, the  
assets held by the fund on the date the  
qualified settlement fund is treated as  
coming into existence are treated as  
transferred to the qualified settlement fund  
on that date.  
following a bona fide arbitration  
proceeding in accordance with rules  
approved by a governmental authority  
(such as self-regulatory  
organization-administered arbitration  
proceedings in the securities industry);  
and  
Recordkeeping  
Keep the fund's records for as long as  
they may be needed for the administration  
of any provision of the Internal Revenue  
Code. Usually, records that support an  
item of income, deduction, or credit on the  
return must be kept for 3 years from the  
date the return is due or filed, whichever is  
later. Keep records that verify the fund's  
basis in property for as long as they are  
needed to figure the basis of the original or  
replacement property.  
The fund is subject to the continuing  
jurisdiction of the arbitration panel, the  
court of law that has jurisdiction to enforce  
the arbitration award, or the governmental  
authority that approved the rules of the  
arbitration proceedings.  
Resolve or satisfy requirement. To  
meet this requirement, a fund must be  
established to resolve or satisfy one or  
more contested or uncontested claims  
that have resulted, or may result, from an  
event (or a series of related events) that  
has occurred and that has given rise to at  
least one claim asserting liability:  
Relation-back election. Make the  
relation-back election by attaching a copy  
of the election statement to Form 1120-SF  
for the tax year in which the qualified  
settlement fund is treated as coming into  
existence. The statement must be signed  
by each transferor and the administrator.  
File Form 1120-SF and the election  
statement by the due date of Form  
1120-SF, including extensions. The  
election statement must contain the  
following.  
The fund should keep copies of all filed  
returns. They help in preparing future and  
amended returns.  
Additional Information  
Under the Comprehensive  
Environmental Response, Compensation  
and Liability Act of 1980 (CERCLA), as  
amended for settlement funds created  
before May 18, 2006;  
See the Instructions for Form 1120 and  
Pub. 542, Corporations, for more  
information about corporations, including  
additional forms the fund may need to file  
and how to get forms and publications.  
Arising out of a tort, breach of contract,  
The words “Regulations section  
or violation of law; or  
1.468B-1 Relation-Back Election” at the  
top of the first page.  
Designated by the IRS in a revenue  
Definitions  
ruling or revenue procedure.  
The name, address, and identifying  
Qualified Settlement Fund  
Generally, a fund does not meet the  
resolve or satisfy requirement if it is  
established to resolve or satisfy a liability  
to provide property or services unless the  
transferor's obligation to provide property  
or services is extinguished by a transfer or  
transfers to the fund.  
number of each transferor.  
The name, address, and EIN of the  
A fund, account, or trust (“a fund”) is a  
qualified settlement fund if it meets the  
following requirements.  
qualified settlement fund.  
The date on which the qualified  
Governmental order or approval  
settlement fund is treated as coming into  
existence.  
requirement.  
Resolve or satisfy requirement.  
Segregation requirement.  
A schedule describing each asset  
treated as transferred to the fund on the  
date the fund is treated as coming into  
existence. The schedule of assets does  
not have to identify the amount of cash or  
the property transferred by a particular  
transferor.  
Note. Settlement funds created after May  
17, 2006, for the purpose of resolving or  
satisfying liabilities under the CERCLA are  
exempt from tax. See section 468B(g)(2)  
for more information.  
Governmental order or approval re-  
quirement. To meet this requirement, the  
fund must be ordered by, or approved by,  
the United States, any state (including the  
District of Columbia), territory, possession,  
or political subdivision thereof, or any  
agency or instrumentality (including a  
court of law) of any of the foregoing, and it  
must be subject to the continuing  
Segregation requirement. To meet this  
requirement, the fund must (a) be a trust  
under applicable state law, or (b) keep its  
assets segregated from other assets of  
the transferor (and related persons). For  
example, cash held by a transferor in a  
separate bank account satisfies the  
segregation requirement.  
Qualified settlement fund treated as a  
corporation. Except as otherwise  
provided in Regulations section  
1.468B-5(b), for purposes of subtitle F of  
the Internal Revenue Code, a qualified  
settlement fund is treated as a corporation  
and any tax imposed under Regulations  
section 1.468B-2(a) is treated as a tax  
imposed by section 11. See Regulations  
section 1.468B-2(k) for more information.  
jurisdiction of that governmental authority.  
A fund is ordered by or approved by a  
governmental authority when the authority  
issues its initial or preliminary order to  
establish, or grants its initial or preliminary  
approval of, the fund, even if that order or  
approval may be subject to review or  
revision. Generally, a governmental  
authority's order or approval has no  
retroactive effect and does not permit a  
fund to be a qualified settlement fund prior  
to the date the order is issued or the  
approval is granted. However, see  
Classification of fund prior to meeting  
all three requirements. If a fund meets  
the resolve or satisfy requirement, the  
assets of the fund are treated as owned by  
the transferor of those assets until the fund  
also meets the governmental order and  
the segregation requirements. On the day  
the fund meets all three requirements, the  
transferor is treated as transferring the  
assets to a qualified settlement fund.  
Designated Settlement Fund  
A fund, account, or trust is a designated  
settlement fund if it meets the following  
requirements.  
It is established by a court order and  
completely extinguishes the taxpayer's tort  
liability.  
No amounts may be transferred to it  
Arbitration panels. An arbitration award  
that orders the establishment of, or  
approves, a fund is an order or approval of  
a governmental authority if:  
Relation-back rule. If a fund meets the  
resolve or satisfy requirement and the  
segregation requirement before it meets  
the governmental order or approval  
requirement, the transferor and the  
other than in the form of a qualified  
payment (defined below).  
It must be administered by persons, a  
majority of whom are independent of the  
taxpayer.  
The arbitration award is judicially  
enforceable;  
-3-  
 
It is established for the principal  
year in the first entry space. For a fiscal or  
short tax year return, write in the tax year  
at the top of the form.  
stated interest on Line 1 (that is, the  
excess of the taxable stated interest  
received or accrued during the tax year  
over the amortized bond premium for the  
tax year). Do not report on Line 1 any  
tax-exempt interest (including tax-exempt  
OID). Do not offset interest expense  
against interest income.  
purpose of resolving and satisfying  
present and future claims against the  
taxpayer arising out of personal injury,  
death, or property damage.  
Address  
The taxpayer may not hold any  
Include the suite, room, or other unit  
number after the street address. If the  
Post Office does not deliver mail to the  
street address and the fund or the  
administrator has a P.O. box, show the  
box number instead.  
beneficial interest in the income or corpus  
of it.  
The taxpayer elects to have it treated as  
Note. Report tax-exempt interest  
a designated settlement fund.  
(including tax-exempt OID) on line 2 of  
Additional Information (on page 2 of Form  
1120-SF). However, if the fund acquired a  
tax-exempt bond at a premium, only report  
the net amount of tax-exempt stated  
interest on line 2 of Additional Information  
(that is, the excess of the tax-exempt  
stated interest received or accrued during  
the tax year over the amortized bond  
premium for the tax year, which is required  
under section 171).  
Qualified payment. A qualified payment  
is any money or property that is  
transferred to a designated settlement  
fund under a court order other than the  
following.  
If the corporation has a foreign  
address, include the city or town, state or  
province, country, and foreign postal  
code. Do not abbreviate the country  
name. Follow the country's practice for  
entering the name of the state or province  
and postal code.  
Any amount that may be transferred  
from the fund to the taxpayer (or any  
related person).  
The transfer of any stock or  
indebtedness of the taxpayer (or any  
related person).  
Employer Identification  
Number (EIN)  
Line 3. Capital gain net income. Every  
sale or exchange of a capital asset must  
be reported in detail on Schedule D (Form  
1120), Capital Gains and Losses (and  
Form 8949, Sales and Other Dispositions  
of Capital Assets, if applicable), even if  
there is no gain or loss. See the  
Note. A designated settlement fund is  
taxed in the same manner as a qualified  
settlement fund. In addition, if a fund does  
not meet the requirements of a designated  
settlement fund but does meet the  
requirements of a qualified settlement  
fund, the fund is treated as a qualified  
settlement fund.  
Enter the fund's EIN. If the fund does not  
have an EIN, it must apply for one. An EIN  
can be applied for in the following ways.  
Online—Go to IRS.gov/EIN. The EIN is  
issued immediately once the application  
information is validated.  
Instructions for Schedule D (Form 1120).  
By mailing or faxing Form SS-4,  
Application for Employer Identification  
Number.  
Line 5. Other income. Enter any other  
taxable income not reported on lines 1  
through 4. List the type and amount of  
income on an attached schedule. If the  
fund has only one item of other income,  
describe it in parentheses on the dotted  
line next to the entry space for line 5.  
Other Definitions  
If the fund has not received its EIN by  
the time the return is due, write “Applied  
for” in the space for the EIN and the date  
the fund applied in the space for the EIN.  
For more details, see the Instructions for  
Form SS-4.  
Administrator. An administrator, which  
may include a trustee if the designated or  
qualified settlement fund is a trust, is (in  
order of priority) any of the following.  
The person designated or approved by  
Deductions  
the governmental authority that ordered or  
approved the fund.  
Do not deduct:  
Final Return, Name  
Expenses allocable to tax-exempt  
The person designated in the escrow  
Change, Address Change,  
or Amended Return  
income (see section 265);  
Payments of claims made by the fund;  
agreement, settlement agreement, or  
other similar agreement governing the  
fund.  
and  
Indicate a final return, name change,  
address change, or amended return by  
checking the appropriate box. If a change  
in address occurs after the return is filed,  
use Form 8822-B, Change of  
Expenses incurred by, or on behalf of,  
The escrow agent, custodian, or other  
claimants or transferors.  
person in possession of the fund's assets.  
Line 11. Other deductions. Enter the  
total of other deductions not entered on  
lines 7 through 10. List the type and  
amount of deduction on an attached  
schedule. If the fund has only one item of  
other deduction, describe it in  
The transferor or, if there are multiple  
transferors, all of the transferors unless an  
agreement is signed by all of the  
transferors that designates a single  
transferor as the administrator.  
Address or Responsible Party —  
Business, to notify the IRS of the new  
address. See the instructions for Form  
8822-B for details.  
Transferor. A transferor is a person who  
transfers (or on whose behalf an insurer or  
other person transfers) money or property  
to a settlement fund to resolve or satisfy  
claims against that person.  
parentheses on the dotted line next to the  
entry space for line 11.  
Part I. Income and  
Deductions  
Line 12. Net operating loss (NOL) de-  
duction . Enter the total NOL carryovers  
from prior tax years, but do not enter more  
than the fund's taxable income. See  
Regulations section 1.468B-2(b)(4) for  
details.  
Income  
Related person. A related person is any  
person who is related to the transferor  
within the meaning of section 267(b) or  
section 707(b)(1).  
Note. Amounts transferred to the fund by  
or on behalf of a transferor are generally  
excluded from income.  
Line 1. Taxable interest. Enter total  
taxable interest received or accrued  
Part II. Tax Computation  
Specific Instructions  
during the tax year, including any original  
issue discount (OID) or market discount  
that is includible in income during the tax  
year. If the fund acquired a taxable bond  
at a premium and elects to amortize bond  
premium on taxable bonds under section  
171, only report the net amount of taxable  
Line 14. Modified gross income.  
Modified gross income of a designated or  
qualified settlement fund is its gross  
income, as defined in section 61,  
Period Covered  
Enter the tax year in the space provided at  
the top of the form. For a calendar year,  
enter the last two digits of the calendar  
computed with certain modifications. See  
-4-  
Regulations section 1.468B-2(b) for more  
information.  
IRS can figure the amount of any penalty  
and bill the fund for it. See Form 2220 for  
other information that may apply.  
If Form 2220 is attached, check the box  
on line 17 and enter the amount of any  
penalty on that line.  
returns and return information are  
confidential, as required by section 6103.  
Line 16. Credits and payments.  
Generally, no credits or payments are  
allowed other than those on lines 16a  
through 16e.  
The time needed to complete and file  
this form will vary depending on individual  
circumstances. The estimated burden for  
business taxpayers filing this form is  
approved under OMB control number  
1545-0123 and is included in the  
Line 17. Estimated tax penalty. A fund  
that does not make estimated tax  
payments when due may be subject to an  
underpayment penalty for the period of  
underpayment. Generally, a fund is  
subject to the penalty if its tax liability is  
$500 or more and it did not timely pay the  
smaller of:  
Paperwork Reduction Act Notice. We  
ask for the information on this form to carry  
out the Internal Revenue laws of the  
United States. You are required to give us  
the information. We need it to ensure that  
you are complying with these laws and to  
allow us to figure and collect the right  
amount of tax.  
estimates shown in the instructions for  
their business income tax return.  
If you have comments concerning the  
accuracy of these time estimates or  
suggestions for making this form simpler,  
we would be happy to hear from you. You  
can send us comments from IRS.gov/  
FormComments. Or you can write to the  
Internal Revenue Service, Tax Forms and  
Publications Division, 1111 Constitution  
Ave. NW, IR-6526, Washington, DC  
20224.  
Its current year tax liability, or  
Its prior year's tax.  
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See section 6655 for details and  
exceptions, including special rules for  
large funds.  
Use Form 2220, Underpayment of  
Estimated Tax by Corporations, to see if  
the fund owes a penalty and to figure the  
amount of the penalty. Generally, the fund  
does not have to file this form because the  
Do not send the tax form to this office.  
retained as long as their contents may  
become material in the administration of  
any Internal Revenue law. Generally, tax  
Instead, see Where To File, earlier.  
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