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Department of the Treasury  
Internal Revenue Service  
Instructions for  
Form 8275-R  
(Rev. January 2021)  
(For use with Form 8275-R (Rev. August 2013))  
Regulation Disclosure Statement  
Section references are to the Internal  
Revenue Code unless otherwise noted.  
substance (within the meaning of  
section 7701(o)) or failing to meet the  
requirements of any similar rule of  
law.  
To make adequate disclosure for  
items reported by a pass-through  
entity, you must complete and file a  
separate Form 8275-R for items  
reported by each entity.  
Future Developments  
For the latest information about  
developments related to Form 8275-R  
and its instructions, such as  
Any otherwise undisclosed foreign  
financial asset understatement.  
To make adequate disclosure for a  
position or positions related to more  
than one foreign entity, you must  
complete and file a separate Form  
8275-R for each foreign entity.  
legislation enacted after they were  
published, go to IRS.gov/Form8275R.  
Because of the importance to the  
self-assessment system of disclosing  
positions contrary to regulations, the  
requirements for making such  
General Instructions  
Purpose of Form  
disclosures are stringent.  
Carryovers, carrybacks, and recur-  
ring items. Carryover items must be  
disclosed in the tax year in which they  
originated. You do not have to file  
another Form 8275-R for those items  
for the tax years in which the  
The disclosure is adequate only if it  
is made separately on a Form  
8275-R.  
Form 8275-R is used by taxpayers  
and tax return preparers to disclose  
positions taken on a tax return that are  
contrary to Treasury regulations. The  
form is filed to avoid the portions of  
the accuracy-related penalty due to  
disregard of regulations or to a  
substantial understatement of income  
tax for non-tax shelter items if the  
return position has a reasonable  
basis. It can also be used for  
The penalty for reckless or  
intentional disregard of a regulation  
can be avoided by disclosure only if  
the position represents a good-faith  
challenge to the validity of the  
regulation and has a reasonable  
basis.  
carryover is taken into account.  
Carryback items must be disclosed  
for the tax year in which they  
originated. You do not have to file  
another Form 8275-R for those items  
for the tax years in which the  
Instead of Form 8275-R, use Form  
8275, Disclosure Statement, for the  
disclosure of items or positions which  
are not contrary to regulations but  
which are not otherwise adequately  
disclosed.  
carryback is taken into account.  
disclosures relating to the economic  
substance penalty and the preparer  
penalties for tax understatements due  
to positions taken contrary to  
However, if you disclose items that  
are of a recurring nature (such as  
depreciation expense), you must file  
Form 8275-R for each tax year in  
which the item occurs.  
regulations.  
Who Should File  
The portion of the  
If you are disclosing a position that  
is contrary to a regulation, and the  
position relates to a reportable  
transaction as defined in Regulations  
section 1.6011-4(b), you must also  
make the disclosure as indicated in  
Regulations section 1.6011-4(d). See  
Form 8886, Reportable Transaction  
Disclosure Statement, and its  
Form 8275-R is filed by individuals,  
corporations, pass-through entities,  
and tax return preparers.  
accuracy-related penalty  
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CAUTION  
attributable to the following  
types of misconduct cannot be  
avoided by disclosure on Form  
8275-R.  
For items attributable to a  
pass-through entity, disclosure should  
be made on the tax return of the  
entity. If the entity does not make the  
disclosure, the partner (or  
Negligence.  
Disregard of rules.  
Any substantial understatement of  
instructions; Notice 2006-6, 2006-5  
I.R.B. 385, available at IRS.gov/irb/  
2006-05_IRB/ar10.html; and Notice  
2010-62, 2010-40 I.R.B. 411,  
shareholder, etc.) can make adequate  
disclosure of these items.  
income tax on a tax shelter item.  
Any substantial or gross valuation  
misstatement (including  
misstatements attributable to  
non-arm's length prices) under  
chapter 1.  
How To File  
When a return position is contrary to  
regulations, you must file Form  
8275-R. File all Forms 8275-R with  
your original tax return. Keep a copy  
for your records. You may also be  
able to file Forms 8275-R with an  
amended return. See Regulations  
sections 1.6662-4(f)(1) and  
Any substantial overstatement of  
Accuracy-Related Penalty  
pension liabilities.  
Any substantial estate or gift tax  
Generally, the accuracy-related  
penalty is 20% of any portion of a tax  
underpayment attributable to:  
valuation understatements.  
Any claim of tax benefits from a  
1. Negligence or disregard of rules  
transaction lacking economic  
1.6664-2(c)(3) for more information.  
or regulations;  
Oct 06, 2020  
Cat. No. 14317I  
 
2. Any substantial understatement  
of income tax;  
3. Any substantial valuation  
misstatement under chapter 1 of the  
Internal Revenue Code;  
If you failed to keep proper books  
and records or failed to substantiate  
items properly, you cannot avoid the  
penalty by disclosure.  
Adequate disclosure. Generally,  
you can avoid the disregard of  
regulations and substantial  
An understatement of a corporation  
(other than an S corporation or a  
personal holding company, as defined  
in section 542) is substantial if it  
exceeds in any year the lesser of:  
1. 10% of the tax required to be  
shown on the return for the tax year  
(or, if greater, $10,000), or  
4. Any substantial overstatement  
of pension liabilities;  
understatement portions of the  
accuracy-related penalty if the  
position is adequately disclosed and  
the position has at least a reasonable  
basis. To avoid the disregard of  
regulations portion of the  
5. Any substantial estate or gift tax  
valuation understatement; or  
2. $10,000,000.  
6. Any claim of tax benefits from a  
transaction lacking economic  
substance, as defined by section  
7701(o), or failing to meet the  
requirements of any similar rule of  
law.  
Reduction of understatement. The  
amount of the understatement will be  
reduced by the part that is attributable  
to the following items.  
accuracy-related penalty, the position  
taken must also represent a  
An item (other than a tax shelter  
item) for which there was substantial  
authority for the treatment claimed at  
the time the return was filed or on the  
last day of the tax year to which the  
return relates.  
good-faith challenge to the validity of  
the regulation. See Regulations  
section 1.6662-3(c)(1).  
The penalty is 40% of any portion  
of a tax underpayment attributable to  
one or more gross valuation  
Reasonable basis. Reasonable  
basis is a relatively high standard of  
tax reporting that is significantly higher  
than not frivolous or not patently  
improper. The reasonable basis  
standard is not satisfied by a return  
position that is merely arguable.  
If the return position is reasonably  
based on one of the authorities set  
forth in Regulations section  
misstatements in (3), (4), or (5) above  
if the applicable dollar limitation under  
section 6662(h)(2) is met. The penalty  
also increases to 40% for failing to  
adequately disclose a transaction that  
lacks economic substance in (6)  
above. See Economic substance,  
below. The penalty is 40% of any  
portion of an underpayment that is  
attributable to any undisclosed foreign  
financial asset understatement.  
An item (other than a tax shelter  
item) that is adequately disclosed on  
this form if there is a reasonable basis  
for the tax treatment of the item. (In no  
event will a corporation be treated as  
having a reasonable basis for its tax  
treatment of an item attributable to a  
multi-party financing transaction  
entered into after August 5, 1997, if  
the treatment does not clearly reflect  
the income of the corporation.  
1.6662-4(d)(3)(iii) (taking into account  
the relevance and persuasiveness of  
the authorities, and subsequent  
developments), the return position will  
generally satisfy the reasonable basis  
standard even though it may not  
satisfy the substantial authority  
standard as defined in Regulations  
section 1.6662-4(d)(2). For details,  
see Regulations sections 1.6662-4(d);  
1.662-3(b)(3).  
Economic substance. To satisfy the  
disclosure requirements under section  
6662(i), you may adequately disclose  
with a timely filed original return  
(determined with regard to  
For corporate tax shelter  
transactions (and for tax shelter items  
of other taxpayers for tax years  
ending after October 22, 2004), the  
only exception to the substantial  
understatement portion of the  
extensions) or a qualified amended  
return (as defined under Regulations  
section 1.6664-2(c)(3)) the relevant  
facts affecting the tax treatment of the  
transaction.  
accuracy-related penalty is the  
reasonable cause exception. For  
more details, see Reasonable cause  
exception, earlier; section 6662(d);  
and Regulations section 1.6664-4.  
If you failed to keep proper books  
and records or failed to substantiate  
items properly, you cannot avoid the  
penalty by disclosure.  
Note. If you filed a Schedule UTP  
(Form 1120), you may not need to file  
Form 8275-R to satisfy the disclosure  
requirements of section 6662(i). See  
the Instructions for Schedule UTP  
(Form 1120).  
Tax shelter items. A tax shelter,  
for purposes of the substantial  
understatement portion of the  
accuracy-related penalty, is a  
partnership or other entity, plan, or  
arrangement, with a significant  
purpose to avoid or evade federal  
income tax. For transactions on or  
before August 5, 1997, a tax shelter is  
a partnership or other entity, plan, or  
arrangement, whose principal  
purpose is to avoid or evade federal  
income tax.  
Substantial Understatement  
An understatement is the excess of:  
1. The amount of tax required to  
be shown on the return for the tax  
year, over  
2. The amount of tax shown on the  
return for the tax year, reduced by any  
rebates.  
Reasonable cause exception.  
Generally, no accuracy-related  
penalty will be imposed on any portion  
of an underpayment if you show that  
there was reasonable cause for that  
portion and that you acted in good  
faith with respect to that portion.  
There is a substantial  
understatement of income tax if the  
amount of the understatement for any  
year exceeds the greater of:  
The reasonable cause and  
A tax shelter item is any item of  
income, gain, loss, deduction, or  
credit that is directly or indirectly  
attributable to the principal or  
good faith exception does not  
!
CAUTION  
apply to any portion of an  
1. 10% of the tax required to be  
shown on the return for the tax year,  
or  
underpayment attributable to a  
transaction that lacks economic  
substance under section 7701(o).  
significant purpose of the tax shelter  
to avoid or evade federal income tax.  
2. $5,000.  
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If you claim the same tax treatment  
for a group of similar items in the  
same tax year, enter a description  
identifying the group of items you are  
disclosing rather than a separate  
description of each item within the  
group.  
Columns (d) through (f). Enter the  
location of the item(s) by identifying  
the form number or schedule and the  
line number in columns (d) and (e)  
and the amount of the item(s) in  
column (f).  
Tax Return Preparer Penalties  
Specific Instructions  
A preparer who files a return or claim  
for refund is subject to a penalty in an  
amount equal to the greater of $1,000  
or 50% of the income derived (or to be  
derived) by the tax return preparer,  
with respect to the return or claim, for  
taking a position which the preparer  
knew or reasonably should have  
known would understate any part of  
the liability if:  
Be sure to supply all of the information  
requested in Parts I and II and, if  
applicable, Part III. Your disclosure  
will be considered adequate if you file  
Form 8275-R and supply the  
information requested in detail.  
Use Part IV on page 2 if you need  
more space for Part I or II. Indicate the  
corresponding part and line number  
from page 1. You can use a  
There is or was no substantial  
authority for the position;  
The position is a tax shelter (as  
continuation sheet(s) if you need  
additional space. Be sure to put your  
name and identifying number on each  
sheet.  
defined in section 6662(d)(2)(C)(ii)) or  
a reportable transaction to which  
section 6662A applies and it was not  
reasonable to believe that the position  
would more likely than not be  
Part II  
Your disclosure must include the  
following.  
Reference ID number. If you are  
filing Form 8275-R to disclose a  
position related to a foreign entity for  
which an information return (such as  
Form 5471) is filed, enter on Form  
8275-R the same reference ID  
1. A description of the relevant  
facts affecting the tax treatment of the  
item. To satisfy this requirement, you  
must include information that can  
reasonably be expected to apprise the  
IRS of the identity of the item, its  
amount, and the nature of the  
sustained on its merits; or  
The position disclosed as provided  
in section 6662(d)(2)(B)(ii) is not a tax  
shelter or a reportable transaction to  
which section 6662A applies, and  
there was no reasonable basis for the  
position.  
number for the foreign entity that is  
entered on the information return.  
If you are filing Form 8275-R to  
report a position or positions related to  
multiple foreign entities, file a  
separate Form 8275-R for each  
foreign entity.  
controversy or potential controversy.  
Information concerning the nature of  
the controversy can include a  
The penalty will not apply if it can  
be shown that there was reasonable  
cause for the understatement and that  
the preparer acted in good faith.  
description of the legal issues  
presented by the facts.  
2. A statement explaining why you  
believe this regulation to be invalid.  
Part I  
In cases where any part of the  
understatement of the liability is due  
to a willful attempt by the return  
preparer to understate the liability, or  
if the understatement is due to  
reckless or intentional disregard of  
rules or regulations by the preparer,  
the preparer is subject to a penalty  
equal to the greater of $5,000 or 75%  
of the income derived (or to be  
derived) by the tax return preparer  
with respect to the return or claim.  
This penalty shall be reduced by the  
amount of the penalty paid by such  
person for taking an unreasonable  
position, or a position with no  
Unless provided otherwise in  
Column (a). Enter the full citation for  
each regulation for which you have  
taken a contrary position. The citation  
should specify the section number,  
including all designations of smaller  
units (lettered or numbered  
the General Instructions,  
!
CAUTION  
earlier, your disclosure will not  
be considered adequate unless (1)  
and (2) above are provided using  
Form 8275-R. For example, your  
disclosure will not be considered  
adequate if you attach a copy of an  
acquisition agreement to your tax  
return to disclose the issues involved  
in determining the basis of certain  
acquired assets. If Form 8275-R is not  
completed and attached to the return,  
the disclosure will not be considered  
valid even if the information in (1) and  
(2) above is provided using another  
method, such as a different form or an  
attached letter.  
subsections, paragraphs,  
subparagraphs, and clauses) to which  
the contrary position relates. For  
example, enter “1.482-7(d)(1)(iii)”  
instead of “482 regs” or “1.482-7”.  
Column (b). Identify the item by  
name.  
If any item you disclose is from a  
pass-through entity, you must identify  
the item as such. If you disclose items  
from more than one pass-through  
entity, you must complete a separate  
Form 8275-R for each entity. Also,  
see How To File, earlier.  
Column (c). Enter a complete  
description of the item(s) you are  
disclosing.  
Example. If an entertainment  
expense was reported in column (b),  
then list in column (c) “theater tickets,  
catering expenses, and banquet hall  
rentals.”  
reasonable basis, as described  
immediately above.  
A preparer is not considered to  
have recklessly or intentionally  
disregarded a rule if a position is  
adequately disclosed and has a  
reasonable basis.  
Part III  
Line 4. Contact your pass-through  
entity if you do not know where its  
return was filed. However, for partners  
and S corporation shareholders,  
Note. For more information about the  
accuracy-related penalty and preparer  
penalties, and the means of avoiding  
these penalties, see the regulations  
under sections 6662, 6664, and 6694.  
information for line 4 can be found on  
the Schedule K-1 that you received  
from the partnership or S corporation.  
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If the pass-through entity filed its  
return electronically using e-file, enter  
“e-file” on line 4.  
is subject to the Paperwork Reduction estimated burden for all other  
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.  
taxpayers who file this form is shown  
below.  
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 if  
you wish to use this form to make  
adequate disclosure to avoid the  
portion of the accuracy-related  
Recordkeeping. . . . . .  
Learning about the  
law or the form . . . .  
3 hr., 35 min.  
53 min.  
Preparing and sending  
the form to the IRS .  
59 min.  
The time needed to complete and  
file this form will vary depending on  
individual circumstances. The  
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. See the instructions for the  
tax return with which this form is filed.  
penalty due to a substantial  
understatement of income tax or  
disregard of regulations, or to avoid  
certain preparer penalties. 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.  
estimated burden for individual  
taxpayers filing this form is approved  
under OMB control number  
1545-0074 and is included in the  
estimates shown in the instructions for  
their individual income tax return. The  
You are not required to provide the  
information requested on a form that  
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