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Formulaire 8918 Instructions

Instructions pour le formulaire 8918, Déclaration de divulgation du conseiller matériel

Rév. novembre 2021

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Department of the Treasury  
Internal Revenue Service  
Instructions for Form 8918  
Material Advisor Disclosure Statement  
(Rev. November 2021)  
Section references are to the Internal Revenue  
Code unless otherwise noted.  
Material advisors who file a Form 8918  
will receive a reportable transaction  
number from the IRS. Material advisors  
must provide the reportable transaction  
number to all taxpayers and material  
advisors for whom the material advisor  
acts as a material advisor. See Who Is a  
Material Advisor below. Every taxpayer  
who has participated in a reportable  
transaction (see What Is a Reportable  
Transaction, later) must also disclose the  
transaction on Form 8886, Reportable  
Transaction Disclosure Statement. For  
more information, see Form 8886 and the  
Instructions for Form 8886.  
disclose the transaction under  
Regulations section 1.6011-4 because the  
transaction is or is reasonably expected to  
become a reportable transaction other  
than a listed transaction or transaction of  
interest;  
What's New  
To more quickly and accurately process  
information submitted to IRS, IRS is  
incorporating 2D Barcode technology and  
providing faster, more convenient  
A material advisor who is required to  
disclose the transaction under section  
6111 because the transaction is a listed  
transaction or a transaction of interest; or  
submission channels like electronic fax.  
Form 8918 has been redesigned with 2D  
Barcodes placed on Page 4, which will be  
submitted with the rest of the form. 2D  
Barcodes are capable of capturing a vast  
amount of information, relieving material  
advisors of the need to submit  
A material advisor who you know is or  
reasonably expect to be required to  
disclose the transaction under section  
6111 because the transaction is or is  
reasonably expected to become a  
reportable transaction other than a listed  
transaction or transaction of interest.  
attachments to ensure all required  
Who Must File?  
information is provided. Faster processing  
reduces the turnaround time for a material  
advisor to receive a reportable transaction  
number in response.  
Generally, every material advisor to a  
reportable transaction is required to file  
Form 8918. A material advisor can be an  
individual, trust, estate, partnership, or  
corporation. You are not required to file  
Form 8918 unless a taxpayer to whom or  
for whose benefit you provided the tax  
statement (defined below) entered into the  
reportable transaction. If you provide a tax  
statement to another material advisor, you  
are not required to file Form 8918 unless  
the reportable transaction is entered into  
by a taxpayer to whom or for whose  
benefit that material advisor provided the  
tax statement.  
Tax statement. Generally, a tax  
statement is any statement (including  
another person's statement), oral or  
written, that relates to a tax aspect of a  
transaction that causes the transaction to  
be a reportable transaction. A tax  
statement includes tax result protection  
that insures some or all of the tax benefits  
of a reportable transaction.  
As a new practice, IRS will reject all  
Forms 8918 filed incorrectly. Please  
follow the below instructions to avoid  
form rejection:  
Only the specified current version of  
Form 8918 will be accepted:  
2007, 2011, 2017, and 2021 versions  
Tax result protection Tax result  
protection includes insurance company  
and other third party products commonly  
described as tax result insurance. For  
more information, see Regulations  
sections 301.6111-3(b)(2)(ii)(A) and  
301.6111–3(c)(12).  
will be accepted until or on June 1, 2022.  
Only 2021 version will be accepted  
after June 1, 2022.  
Form must not be handwritten.  
All instances of "See Attached" MUST  
Who Is a Material Advisor?  
be preceded with as much information as  
the text box will allow.  
You are a material advisor to a transaction  
if you:  
Threshold amount. The threshold  
amount of gross income is $50,000 for a  
reportable transaction that provides  
substantially all of the tax benefits to  
individuals (looking through any  
See Where To File for more information  
on submitting Form 8918 through  
electronic fax.  
Provide any material aid, assistance, or  
advice with respect to the organizing,  
managing, promoting, selling,  
implementing, insuring, or carrying out any  
reportable transaction, and  
partnerships, S corporations, or trusts).  
The determination of whether substantially  
all of the tax benefits from a reportable  
transaction are provided to individuals is  
based on all the facts and circumstances.  
Generally, if 70% or more of the tax  
benefits (defined later) from a reportable  
transaction are provided to individuals  
(looking through any partnerships, S  
corporations, or trusts) then substantially  
all of the tax benefits will be considered to  
be provided to individuals.  
The IRS has created a page on  
IRS.gov for information about Form 8918  
and its instructions, at IRS.gov/Form8918.  
Information about any future  
You directly or indirectly receive or  
expect to receive gross income in excess  
of the threshold amount (defined below)  
for the material aid, assistance, or advice.  
developments affecting Form 8918 (such  
as legislation enacted after we release it)  
will be posted on that page.  
You provide material aid, assistance, or  
advice with respect to the organizing,  
managing, promoting, selling,  
Form 8918. Use the latest revision of  
Form 8918 available on IRS.gov.  
implementing, insuring, or carrying out any  
transaction if you make or provide a tax  
statement to or for the benefit of:  
General Instructions  
Purpose of Form  
Material advisors to any reportable  
transaction must disclose certain  
information about the reportable  
transaction by filing a Form 8918 with the  
IRS.  
A taxpayer who either is required to  
For all other transactions, the threshold  
disclose the transaction under section  
6011 because the transaction is a listed  
transaction or a transaction of interest, or  
would have been required to disclose the  
transaction under section 6011 if the  
transaction had become a listed  
amount is $250,000. For listed  
transactions, the threshold amounts are  
reduced from $50,000 to $10,000 and  
from $250,000 to $25,000. For  
transactions of interest, the threshold  
amounts may be reduced as identified in  
the published guidance describing the  
transaction. Determine the threshold  
amount separately for each reportable  
transaction or a transaction of interest  
within the period of limitations;  
Note. Form 8918 replaces Form 8264,  
Application for Registration of a Tax  
Shelter.  
A taxpayer who you know is or  
reasonably expect to be required to  
Dec 07, 2021  
Cat. No. 50150N  
     
transaction. The threshold amount must  
be met independently for each transaction  
that is a reportable transaction and  
aggregation of fees among reportable  
transactions is not required.  
whose benefit that material advisor  
provided a tax statement.  
What Is a Reportable  
Transaction?  
If a transaction that was not a  
A reportable transaction is a transaction  
described in one or more of the following  
categories. See Regulations section  
1.6011-4(b) for more information.  
reportable transaction is identified as a  
listed transaction or a transaction of  
interest in published guidance after the  
occurrence of the 3 events described  
In figuring the amount of gross income  
you receive directly, or indirectly, for  
material aid, assistance, or advice, include above, you will be treated as becoming a  
Listed Transactions  
all the following.  
material advisor on the date the  
transaction is identified as a listed  
transaction or a transaction of interest.  
Fees for a tax strategy.  
A listed transaction is a transaction that is  
the same as or substantially similar to one  
of the types of transactions that the IRS  
has determined to be a tax avoidance  
transaction.  
Fees for advice (whether or not tax  
advice).  
You must make reasonable and good  
Fees for implementing the reportable  
faith efforts to determine when the  
transaction.  
taxpayer entered into the transaction,  
even if you stop providing services before  
the taxpayer enters into the transaction.  
Fees. Fees include consideration in  
These transactions are identified by  
notice, regulation, or other form of  
published guidance as a listed  
transaction. See Notice 2009-59 for  
guidance.  
whatever form paid, whether in cash or in  
kind, for:  
Post-filing advice. You are not  
Services to analyze the transaction  
considered to be a material advisor  
concerning a transaction if you do not  
make or provide a tax statement about the  
transaction until after the first tax return  
reflecting tax benefit(s) of the transaction  
is filed with the IRS. This exception does  
not apply to you if it is expected the  
taxpayer will file a supplemental or  
amended return reflecting additional tax  
benefits from the transaction.  
(whether or not related to the tax  
consequences of the transaction),  
Services to implement the transaction,  
Services to document the transaction,  
Transactions for the latest information and  
guidance.  
and  
Services to prepare tax returns to the  
extent return preparation fees are  
unreasonable.  
Confidential Transactions  
A fee does not include amounts paid to  
a person, including an advisor, in that  
person's capacity as a party to the  
A confidential transaction is a transaction  
that is offered to a taxpayer or related  
party (as described in section 267(b) or  
707(b)) under conditions of confidentiality  
and for which the taxpayer (or related  
party) paid an advisor a minimum fee  
(defined below).  
Definitions  
Transaction  
transaction. For example, a fee does not  
include reasonable charges for the use of  
capital or the sale or use of property.  
A transaction includes all factual elements  
relevant to the expected tax treatment of  
an investment, entity, plan, or  
The IRS will scrutinize carefully all of  
the facts and circumstances to determine  
if consideration received or expected to be  
received in connection with a reportable  
transaction is gross income received  
directly, or indirectly, for aid, assistance,  
or advice.  
arrangement and it includes any series of  
steps carried out as part of a plan.  
A transaction is considered to be  
offered under conditions of confidentiality  
if the advisor who is paid a minimum fee  
places a limitation on the disclosure of the  
tax treatment or tax structure of the  
transaction and the limitation on  
Substantially Similar  
A transaction is substantially similar to  
another transaction if it is expected to  
obtain the same or similar types of tax  
consequences and is either factually  
similar or based on the same or similar tax  
strategy.  
Employee exception. Generally, you are  
not considered to be a material advisor if  
you make a tax statement solely in your  
capacity as an employee, shareholder,  
partner, or agent of another person. In this  
case, any tax statement you make will be  
considered to be made by your employer,  
corporation, partnership, or principal.  
However, you will be treated as a  
material advisor if you form or use an  
entity to avoid the rules of section 6111 or  
6112 or the penalties under section 6707  
or 6708.  
disclosure protects the confidentiality of  
the advisor's tax strategies. The  
transaction is treated as confidential even  
if the conditions of confidentiality are not  
legally binding on the taxpayer. See  
Regulations section 1.6011-4(b)(3) for  
more information.  
Receipt of an opinion regarding the tax  
consequences of the transaction is not  
relevant to determine if the transaction is  
the same as or substantially similar to  
another transaction. The term  
Minimum fee. For a corporation  
(excluding S corporations), or a  
partnership or trust in which all of the  
owners or beneficiaries are corporations  
(excluding S corporations), the minimum  
fee is $250,000. For all others, the  
minimum fee is $50,000.  
substantially similar must be broadly  
construed in favor of disclosure. See  
Regulations section 1.6011-4(c)(4) for  
examples.  
Date you became a material advisor.  
You are a material advisor when all of the  
following have occurred (in no particular  
order).  
Tax Benefit  
The minimum fee includes all fees for a  
tax strategy, for advice (whether or not tax  
advice), or for the implementation of a  
transaction. Fees include payment in  
whatever form paid, whether in cash or in  
kind, for services to analyze the  
A tax benefit includes deductions,  
You make a tax statement,  
exclusions from gross income,  
You receive (or expect to receive) gross  
nonrecognition of gain, tax credits,  
adjustments (or the absence of  
income in excess of the threshold amount,  
and  
adjustments) to the basis of property,  
status as an entity exempt from federal  
income taxation, and any other tax  
consequences that may reduce a  
taxpayer's federal tax liability by affecting  
The transaction is entered into by the  
transaction (whether or not related to the  
tax consequences of the transaction), for  
services to implement the transaction, for  
services to document the transaction, and  
taxpayer to whom or for whose benefit you  
provided the tax statement, or in the case  
of a tax statement provided to another  
material advisor, when the transaction is  
entered into by a taxpayer to whom or for  
the amount, timing, character, or source of for services to prepare tax returns to the  
any item of income, gain, expense, loss,  
or credit.  
extent return preparation fees are  
unreasonable. A taxpayer is treated as  
Instructions for Form 8918 Rev. 11-2021  
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paying fees to an advisor if the taxpayer  
knows or should know that the amount it  
pays will be paid indirectly to the advisor,  
such as through a referral fee or  
combination of tax years, whether or not  
any losses flow through to one or more  
beneficiaries. (At least $50,000 for a single  
tax year if the loss arose from a section  
988 transaction defined in section 988(c)  
(1) (relating to foreign currency  
Eliminated Categories  
Transactions with a brief asset holding  
period. The disclosure requirement for  
this category has been eliminated for  
transactions entered into after August 2,  
2007. However, this does not relieve  
taxpayers of any disclosure obligations for  
brief asset holding transactions that were  
entered into before August 3, 2007. The  
rules for brief asset holding period  
fee-sharing arrangement. Fees do not  
include amounts paid to a person,  
including an advisor, in that person's  
capacity as a party to the transaction. The  
IRS will scrutinize all of the facts and  
circumstances in determining whether  
consideration received in connection with  
a confidential transaction constitutes fees.  
For purposes of determining the minimum  
fee, related parties (as described in  
section 267(b) or 707(b)) will be treated as  
the same individual or entity.  
transactions), whether or not the loss  
flows through from an S corporation or  
partnership).  
Section 165 loss. For this purpose, a  
section 165 loss is adjusted for any  
salvage value and for any other insurance  
compensation received. However, a  
section 165 loss does not include  
reportable transactions entered into  
before August 3, 2007, are contained in  
Regulations section 1.6011-4 in effect  
prior to August 3, 2007.  
offsetting gains, other income or  
limitations. The full amount of a section  
165 loss is included in the year it occurred,  
regardless of whether all or part of it is  
included in computing a net operating loss  
(under section 172) or a net capital loss  
(under section 1212) that is a carryback or  
carryover to another year. A section 165  
loss does not include any portion of a loss  
attributable to a capital loss carryback or  
carryover from another year that is treated  
as a deemed capital loss under section  
1212.  
Transactions with a significant  
book-tax difference. The disclosure  
requirement for this category has been  
eliminated. Transactions with a significant  
book-tax difference that would have been  
required to be disclosed with returns due  
on dates (including extensions) after  
January 5, 2006, are no longer reportable  
transactions.  
Transactions With Contractual  
Protection  
A transaction with contractual protection is  
a transaction for which the taxpayer, or a  
related party (as described in sections  
267(b) or 707(b)), has the right to a full  
refund or partial refund of fees if all or part  
of the intended tax consequences from  
the transaction are not sustained. It also  
includes a transaction for which fees are  
contingent on the taxpayer's realization of  
tax benefits from the transaction. See  
Regulations section 1.6011-4(b)(4) and  
Rev. Proc. 2007-20 for the latest  
However, this does not relieve  
taxpayers of any disclosure obligations for  
significant book-tax difference  
To determine if a transaction results in  
a taxpayer claiming a loss that meets the  
threshold amounts over a combination of  
tax years, only losses claimed in the tax  
year the transaction is entered into and the  
5 succeeding tax years are combined.  
The types of losses included in this  
category are section 165 losses (including  
amounts deductible under a provision that  
treats a transaction as a sale or other  
disposition or otherwise results in a  
deduction under section 165). However,  
this category does not include losses  
described in Rev. Proc. 2013-11 (or future  
published guidance).  
transactions that should have been  
disclosed on a return with a due date prior  
to January 6, 2006. See Notice 2006-06.  
information and guidance.  
Exceptions to Reportable  
Transaction Categories, Published  
Guidance  
Loss Transactions  
A loss transaction is a transaction that  
results in the taxpayer claiming a loss  
under section 165 (described later) if the  
amount of the section 165 loss is as  
follows.  
A transaction is not considered a  
reportable transaction if the IRS makes a  
determination in published guidance that it  
is not subject to the reporting  
For individuals, at least $2 million in any  
requirements. For more information, see  
the following.  
single tax year or $4 million in any  
combination of tax years. (At least  
$50,000 for a single tax year if the loss  
arose from a section 988 transaction  
defined in section 988(c)(1) (relating to  
foreign currency transactions), whether or  
not the loss flows through from an S  
corporation or partnership).  
Rev. Proc. 2004-67;  
Rev. Proc. 2004-68;  
Rev. Proc. 2007-20; and  
Rev. Proc. 2013-11.  
Transactions of Interest  
A transaction of interest is a transaction  
that is the same as or substantially similar  
to one of the types of transactions that the  
IRS has identified by notice, regulation, or  
other form of published guidance as a  
transaction of interest. It is a transaction  
that the IRS and Treasury Department  
believe has a potential for tax avoidance  
or evasion, but for which there is not  
enough information to determine if the  
transaction should be identified as a tax  
The IRS may also determine by  
individual letter ruling that an individual  
letter ruling request satisfies the reporting  
requirements. See Request for Ruling  
below for more details on submitting a  
letter ruling request.  
For corporations (excluding S  
corporations), at least $10 million in any  
single tax year or $20 million in any  
combination of tax years.  
For partnerships with only corporations  
Request for Ruling  
(excluding S corporations) as partners  
(looking through any partners that are also  
partnerships), at least $10 million in any  
single tax year or $20 million in any  
combination of tax years, whether or not  
any losses flow through to one or more  
partners.  
You may request a ruling from the IRS to  
avoidance transaction. The requirement to determine whether a specific transaction  
disclose transactions of interest applies to  
transactions of interest entered into after  
November 1, 2006. See Notice 2009-55,  
Notice 2016-66, and Notice 2017-08 for  
the latest information and guidance. The  
is a reportable transaction. The potential  
obligation of a material advisor and the  
taxpayer to disclose the transaction will  
not be suspended during the period that  
the ruling request is pending. Therefore,  
For all other partnerships and S  
corporations, at least $2 million in any  
single tax year or $4 million in any  
combination of tax years, whether or not  
any losses flow through to one or more  
partners or shareholders.  
IRS may issue a new or update an existing even if you have a ruling request with the  
notice, regulation, or other form of  
guidance that identifies a transaction as a  
transaction of interest.  
IRS, you must still complete and file this  
form in order to avoid potential penalties.  
See Rev. Proc. 2017-1 for information on  
ruling requests.  
For trusts, at least $2 million in any  
single tax year or $4 million in any  
Instructions for Form 8918 Rev. 11-2021  
-3-  
   
transaction. A material advisor is not  
required to identify an entity or individual  
on the list if the entity or individual entered  
into a listed transaction or a transaction of  
interest more than 6 years before the  
transaction was identified in published  
guidance as a listed transaction or a  
opinions, relating to each reportable  
transaction that are material to an  
understanding of the intended tax  
treatment or tax structure of that  
When To File  
The material advisor's disclosure  
statement must be filed with the Office of  
Tax Shelter Analysis (OTSA) by the last  
day of the month that follows the end of  
the calendar quarter in which the advisor  
became a material advisor with respect to  
the reportable transaction or in which  
circumstances occur to require an  
transaction that the material advisor or any  
related party or agent of the material  
advisor has shown or provided to any  
transaction of interest. A separate list must individual or entity (or to their  
be prepared and maintained for each  
transaction or group of substantially  
similar transactions.  
representatives, tax advisors, or agents)  
who acquired or may acquire an interest in  
the transaction. However, you are not  
required to retain earlier drafts of a  
document if you retain a copy of the final  
document (or, if there is no final  
document, the most recent draft of the  
document) and the final document (or  
most recent draft) contains all the  
information in the earlier drafts of such  
document that is material to an  
amended disclosure statement. See Date  
The list must be maintained for 7 years  
following the earlier of the date on which  
the material advisor last made a tax  
statement relating to the transaction, or  
the date the transaction was last entered  
into, if known. Upon IRS's written request,  
each material advisor who is responsible  
for maintaining a list must furnish the list to  
the IRS. The list must be maintained in a  
form that enables the IRS to determine  
without undue delay or difficulty the  
Where To File  
For electronic fax (only to be used for  
Form 8918 and related attachments;  
other items will not be processed):  
please fax to: 1-844-253-5607 (this is  
toll-free). The fax cover sheet should  
include the following:  
understanding of the purported tax  
treatment or the tax structure of the  
transaction.  
Subject: Form 8918  
Sender's name, title, phone number,  
street address  
Material Advisor’s name  
Date  
information required to be maintained for  
each list. See Regulations section  
Dissolution or liquidation of material  
advisor. Generally, if a material advisor  
dissolves or liquidates before completion  
of the 7-year list maintenance period, the  
person responsible under state law for  
winding up the entity's affairs must  
Number of pages faxed (including  
301.6112-1 for more information.  
cover sheet)  
Transactions for the latest information and  
guidance.  
Do not include sensitive information on  
the cover sheet, such as Employer  
Identification Number or Social Security  
Number.  
prepare, maintain, and furnish each  
component of the list on behalf of the  
entity, unless the entity submits the list to  
OTSA within 60 days after the dissolution  
or liquidation. See Regulations section  
301.6112-1(d) for more information.  
Contents of the list. Each list must  
Fax may not exceed 100 pages.  
contain the following.  
If you do not have access to electronic  
fax, mail your completed Form 8918 to:  
1. An itemized statement containing:  
a. The name of each reportable  
transaction, the citation to the notice  
number or published guidance number  
identifying the transaction if the  
transaction is a listed transaction or  
transaction of interest, and the reportable  
transaction number obtained under  
section 6111;  
b. The name, address, and identifying  
number of each individual or entity  
required to be included on the list;  
c. The date on which each individual  
or entity entered into the reportable  
transaction, if known;  
d. The amount invested in the  
reportable transaction by each individual  
or entity, if known;  
e. A summary or schedule of the tax  
treatment that each individual or entity is  
intended or expected to derive from  
participation in the reportable transaction;  
and  
Penalties  
Internal Revenue Service  
OTSA Mail Stop 4915  
1973 Rulon White Blvd.  
Ogden, Utah 84201  
Penalty for Failure To Furnish  
Information Regarding Reportable  
Transactions  
A penalty may be imposed if you are  
required to file Form 8918 and you fail to  
file the return on or before the due date, or  
file false or incomplete information about a  
reportable transaction.  
A receipt will be provided confirming  
form submission.  
Furnishing a Reportable  
Transaction Number  
Receipt of a reportable transaction  
number does not indicate that the IRS has  
reviewed, examined, or approved the  
transaction.  
The penalty is $50,000 for reportable  
transactions other than listed transactions.  
The penalty imposed for listed  
transactions is the greater of:  
$200,000, or  
Material advisors must provide the  
reportable transaction number to all  
taxpayers and material advisors for whom  
the material advisor acts as a material  
advisor. The reportable transaction  
number must be provided when the  
transaction is entered into, or, if the  
transaction is entered into before the  
material advisor received the reportable  
transaction number, within 60 calendar  
days from the date the reportable  
transaction number is mailed to the  
material advisor.  
50 percent of the gross income from  
providing aid, assistance, or advice about  
the listed transaction before the date the  
return is filed. If the failure is intentional,  
the percentage is 75%.  
For more information, see section  
6707. Form 8918 must be completed in its  
entirety with all required attachments to be  
considered complete. Stating that  
“Information will be provided upon  
request” or that “Details are available upon  
request,” or any similar statement in the  
space provided, is not considered a  
description and may cause your  
f. The name of each other material  
advisor to the transaction, if known.  
2. A detailed description of the  
reportable transaction that describes both  
the tax structure and the purported tax  
treatment.  
Requirement to Keep Lists  
3. A copy of any designation  
agreement to which the material advisor is  
Generally, a material advisor must  
maintain a list identifying each entity or  
individual to whom the advisor was a  
material advisor to a reportable  
disclosure statement to be treated as  
incomplete.  
a party. See Line 5 for more information.  
4. Copies of any additional written  
materials, including tax analyses or  
Instructions for Form 8918 Rev. 11-2021  
-4-  
 
Note. See Rev. Proc. 2007-21,  
line 13), rendering attachments less  
necessary. If, however, the information  
you wish to provide exceeds the  
expanded space provided, complete as  
much information as possible in the  
available space and attach the remaining  
information on additional sheets.  
Attachments must adhere to the following  
guidelines:  
answer “No” and enter the reportable  
transaction number previously provided  
for the reportable transaction by the IRS.  
superseded by T.D. 9686 and updated by  
Announcement 2016-01. See Regulations  
section 301.6707-1 for more information.  
Amended statement. An amended  
statement must be filed if information  
previously provided is no longer accurate,  
if additional information that was not  
disclosed becomes available, or if there  
are material changes to the transaction.  
Penalty for Failure To Maintain  
Required Lists  
Any person who is required to maintain a  
list and fails to make the list available  
within 20 business days of an IRS written  
request must pay a penalty of $10,000 for  
each day of the failure after the 20th  
business day. The penalty may be  
assessed for failure to maintain the list in a  
form that enables the IRS to determine  
without undue delay or difficulty the  
information required.  
Do not write “See Attached” on the  
form and provide all the information  
on an attached statement.  
Line 1  
Enter the name, if any, by which the  
transaction is known or commonly referred  
to by either yourself or published  
The additional sheets must be in the  
same order as the lines to which they  
correspond.  
guidance. If no name exists, provide a  
short identifying description of this  
You must include your name and  
identifying number at the top of each  
additional sheet.  
transaction that distinguishes it from other  
reportable transactions in which you have  
participated (or may participate in the  
future). Do not report more than one  
transaction on this form unless the  
Material Advisor Identifying  
Information  
Individuals. If the material advisor is an  
individual, enter the first name, middle  
initial (if any), and last name; the social  
security number; the phone number; and  
the complete address.  
Other Penalties  
Section 6700 imposes penalties for  
promoting abusive tax shelters and related  
activities.  
transactions are the same or substantially  
similar. See Substantially Similar, earlier.  
Line 2  
Section 6701 imposes penalties for  
aiding and abetting an understatement of  
tax liability.  
Check the box(es) for all categories that  
apply to the transaction being reported.  
The reportable transaction categories are  
described under What Is a Reportable  
Transaction, earlier.  
Entities. If the material advisor is an  
entity, enter the full name of the entity as  
shown on its income tax return, the  
employer identification number, and the  
complete address. See Item A for contact  
information.  
Section 7203 imposes penalties for the  
willful failure to file a return, supply  
information, or pay tax.  
If the transaction is a listed  
transaction, you must check the  
!
Section 7206 imposes penalties for  
tax-related fraud and false statements.  
CAUTION  
listed transaction box in addition  
Item A  
to any others that apply.  
Contact information. If the material  
advisor is an entity, list the name of a  
contact person along with a contact  
telephone number. If the material advisor  
is an individual, you may disregard this  
line.  
Section 7207 imposes penalties for  
submitting fraudulent returns, statements,  
or other documents.  
Line 3  
Identify the notice, revenue ruling,  
regulation (for example, Notice 2003-81,  
modified and supplemented by Notice  
2007-71), announcement, or other  
published guidance that identified the  
transaction as a listed transaction or  
transaction of interest. For listed  
transactions, identify the guidance as  
shown in Notice 2009-59 or later IRS  
guidance.  
Specific Instructions  
How To Complete Form 8918  
Item B  
In order to be considered complete, Form  
8918 must be completed and submitted in  
its entirety. To be considered complete,  
the information provided on the form must  
describe the expected tax treatment and  
all potential tax benefits expected to result  
from the transaction, describe any tax  
result protection with respect to the  
Protective disclosure. Indicate if you  
are filing on a protective basis by checking  
the appropriate box. If you are uncertain if  
a transaction must be disclosed, check the  
“Yes” box and disclose the transaction in  
accordance with these instructions.  
On line 6a, you must explain why you  
are filing the disclosure on a protective  
basis. Generally, the IRS will not treat  
disclosure statements filed on a protective  
basis any differently than other disclosure  
statements filed on Form 8918. An  
Line 4  
Enter the latest of the following dates.  
The date you made a tax statement with  
transaction, and identify and describe the  
transaction in sufficient detail for the IRS  
to be able to understand the tax structure  
of the reportable transaction. A Form  
8918 containing a statement that  
information will be provided upon  
request is not considered a complete  
disclosure statement.  
regard to the transaction.  
The date you received or had an  
expectation that you would receive gross  
income in excess of the threshold amount  
(defined earlier).  
incomplete form containing a statement  
that information will be provided on  
request is not a complete disclosure  
statement. For a protective disclosure to  
be effective, you must properly complete  
Form 8918 and provide all required  
information. See How To Complete Form  
8918, earlier, for more information.  
The date the transaction was entered  
into by the taxpayer.  
The date the transaction became a  
There are two ways to speed up the  
listed transaction or transaction of interest.  
The latest of these dates is the date you  
became a material advisor. See Date you  
processing of Form 8918:  
1. by thoroughly providing all required  
information upon initial submission, and  
2. by providing all information within  
the form itself, rather than through  
attachments.  
Line 5  
Item C  
If more than one material advisor is  
required to disclose a reportable  
Answer “Yes” if this is the original Form  
8918 for this reportable transaction. If this  
is an amendment to a previously filed  
Form 8918 for the reportable transaction,  
transaction under this section, the material  
advisors may designate by written  
agreement a single material advisor to  
To help with this, Form 8918 has been  
redesigned to accommodate more  
information within the form itself (including  
Instructions for Form 8918 Rev. 11-2021  
-5-  
   
disclose the transaction. The transaction  
must be disclosed by the last day of the  
month following the end of the calendar  
quarter that includes the earliest date on  
which a material advisor who is a party to  
the agreement became a material advisor  
to the transaction.  
a. Agreements.  
Line 9  
b. Property transfers and acquisitions.  
c. Liability assumptions.  
d. Obligation fulfillment.  
e. Sales.  
Identify the types of financial instruments  
required by the transaction (loan, stocks,  
bonds, notes, original issue discounts,  
domestic and foreign currency  
agreements, swaps, futures, notional  
principal contracts, options, input or risk  
hedges, etc.). If you need more space,  
follow the instructions under How To  
Complete Form 8918, earlier.  
f. Entity formation or dissolution.  
The designation of one material  
g. Other relevant events. Other  
relevant events may include but are not  
limited to tax result protection. Tax result  
protection includes insurance company  
and other third party products commonly  
described as tax result insurance.  
advisor to disclose the transaction  
!
CAUTION  
does not relieve the other material  
advisors of the obligation to disclose the  
transaction to the IRS in accordance with  
these instructions, if the designated  
material advisor fails to disclose the  
transaction to the IRS in a timely manner.  
Line 10  
Check all the boxes that apply for the tax  
benefits expected from the transaction. A  
tax benefit includes deductions,  
4. Nature of the transaction (cash,  
loan, service, other).  
exclusions from gross income,  
5. Purpose of each step in  
accomplishing the tax benefits and  
consequences.  
6. Where and how each party to the  
transaction (entered on lines 7a, 7b, and  
8a and 8b) is used, including their roles.  
7. The economic and business  
reasons for the transaction and its  
structure (describe market or business  
conditions creating the tax benefit or  
consequence and its financial reporting, if  
known).  
8. How the financial instruments  
(entered on line 9) are used in the  
transaction.  
nonrecognition of gain, tax credits,  
adjustments (or the absence of  
Line 6a  
Provide a concise statement indicating  
your role as a material advisor to this  
transaction. See Who Is a Material  
Advisor, earlier. If you are filing a  
protective disclosure, you must explain  
why you believe you are not a material  
advisor. If you need more space, follow  
the instructions under How To Complete  
Form 8918, earlier.  
adjustments) to the basis of property,  
status as an entity exempt from federal  
income taxation, and any other tax  
consequences that may reduce a  
taxpayer's federal tax liability by affecting  
the amount, timing, character, or source of  
any item of income, gain, expense, loss,  
or credit. Check the “Other” box for tax  
benefits not specifically described by a  
box and identify the tax benefit(s) in the  
space provided. If you need more space,  
follow the instructions under How To  
Complete Form 8918, earlier.  
Lines 7a and 7b  
Check the box(es) for all categories that  
apply to the transaction being reported.  
Indicate the related parties that are  
needed and how they are related. Indicate  
the role of tax-exempt entities if they are  
required for the transaction. In addition, if  
a foreign entity is required, indicate how  
and why the foreign entity is used, along  
with which country is used if a particular  
country is required for the transaction. If  
you need more space, follow the  
Line 13  
9. How the Internal Revenue Code  
sections (entered on line 12) enable you to  
obtain the tax treatment.  
Describe all of the relevant facts about the  
reportable transaction including the  
following.  
If you need more space, follow the  
instructions under How To Complete Form  
8918, earlier.  
1. Tax benefits causing the  
transaction to be reportable.  
2. Years affected by the transaction.  
3. Steps of the transaction including:  
instructions under How To Complete Form  
8918, earlier.  
Privacy Act and 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. We may  
give the information to the Department of Justice and to other federal agencies, as provided by law. We may give it to cities, states, the  
District of Columbia, and U.S. commonwealths or possessions to carry out their tax laws. We may also disclose this information to  
other countries under a tax treaty, to federal and state agencies to enforce federal nontax criminal laws, or to federal law enforcement  
and intelligence agencies to combat terrorism. A penalty may be imposed if you are required to file this return and fail to file by the due  
date or provide incomplete or false information.  
Our authority to ask for information is section 6111 and its regulations, which require you to file a return or statement with us with  
respect to any reportable transaction for which you are a material advisor. Your response is mandatory under these sections. Section  
6109 requires that you provide your identifying number on what you file. This is so we know who you are, and can process your return  
and other papers. You must fill in all parts of the tax form that apply to you.  
You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the form  
displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as long as their contents  
may become material in the administration of any Internal Revenue law. Generally, tax returns and return information are confidential,  
as required by section 6103.  
The time needed to complete and file this form will vary depending on individual circumstances. The estimated average time is:  
Recordkeeping  
Learning about the law or the form  
Preparing, copying, assembling, and sending the form to the IRS  
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3 hr., 4 min.  
3 hr., 20 min.  
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Comments. Go to IRS.gov/UAC/Comment-On-Tax-Forms-And-Publications to provide any comments. You can also send your  
comments to the Internal Revenue Service, Tax Forms and Publications Division, 1111 Constitution Ave. NW, IR-6526, Washington,  
DC 20224. DO NOT SEND THE FORM TO THIS ADDRESS. Instead, see Where To File, earlier.  
Instructions for Form 8918 Rev. 11-2021  
-6-