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Formulier 8275 Instructies

Instructies voor formulier 8275, verklaring van openbaarmaking

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Department of the Treasury  
Internal Revenue Service  
Instructions for Form 8275  
(Rev. January 2021)  
(For use with Form 8275 (Rev. August 2013))  
Disclosure Statement  
Section references are to the Internal  
Revenue Code unless otherwise noted.  
requirements of any similar rule of  
law.  
with an amended return. See  
Regulations sections 1.6662-4(f)(1)  
and 1.6664-2(c)(3) for more  
information.  
Any otherwise undisclosed foreign  
Future Developments  
financial asset understatement.  
Any inconsistent estate basis.  
For the latest information about  
developments related to Form 8275  
and its instructions, such as  
To make adequate disclosure for  
items reported by a pass-though  
entity, you must complete and file a  
separate Form 8275 for items  
reported by each entity.  
Who Should File  
legislation enacted after they were  
published, go to IRS.gov/Form8275.  
Form 8275 is filed by individuals,  
corporations, pass-through entities,  
and tax return preparers. If you are  
disclosing a position taken contrary to  
a regulation, use Form 8275-R,  
Regulation Disclosure Statement,  
instead of Form 8275.  
General Instructions  
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 for each foreign entity.  
Carryovers, carrybacks, and recur-  
ring items. Carryover items must be  
disclosed for the tax year in which  
they originated. You do not have to file  
another Form 8275 for those items for  
the tax years in which the carryover is  
taken into account.  
Purpose of Form  
Form 8275 is used by taxpayers and  
tax return preparers to disclose items  
or positions, except those taken  
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  
contrary to a regulation, that are not  
otherwise adequately disclosed on a  
tax return to avoid certain penalties.  
The form is filed to avoid the portions  
of the accuracy-related penalty due to  
disregard of rules 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 disclosures relating  
to the economic substance penalty  
and the preparer penalties for tax  
understatements due to unreasonable  
positions or disregard of rules.  
shareholder, etc.) can make adequate  
disclosure of these items.  
Exception to filing Form 8275.  
Guidance is published annually in a  
revenue procedure in the Internal  
Revenue Bulletin that identifies  
circumstances when an item reported  
on a return is considered adequate  
disclosure for purposes of the  
substantial understatement aspect of  
the accuracy-related penalty and for  
avoiding the preparer's penalty  
relating to understatements due to  
unreasonable positions. See the  
Example below. You do not have to  
file Form 8275 for items that meet the  
requirements listed in this revenue  
procedure. This revenue procedure  
can be found on the internet at  
Example. Generally, you will have  
met the requirements for adequate  
disclosure of a charitable contribution  
deduction if you complete the  
contributions section of Schedule A  
(Form 1040), supply all required  
information, and attach all related  
forms required pursuant to statute or  
regulation.  
Carryback items must be disclosed  
for the tax year in which they  
originated. You do not have to file  
another Form 8275 for those items for  
the tax years in which the carryback is  
taken into account.  
However, if you disclose items of a  
recurring nature (such as depreciation  
expense), you must file Form 8275 for  
each tax year in which the item  
occurs.  
If you are disclosing a position that  
is contrary to a rule, and the position  
relates to a reportable transaction as  
defined in Regulations section  
The portion of the  
accuracy-related penalty  
!
CAUTION  
attributable to the following  
types of misconduct cannot be  
avoided by disclosure on Form 8275.  
Negligence.  
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 instructions; Notice  
2006-6, 2006-5 I.R.B. 385, available  
Disregard of regulations.  
Any substantial understatement of  
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.  
ar10.html; and Notice 2010-62,  
2010-40 I.R.B. 411, available at  
Any substantial overstatement of  
pension liabilities.  
Any substantial estate or gift tax  
Accuracy-Related Penalty  
valuation understatements.  
Any claim of tax benefits from a  
How To File  
Generally, the accuracy-related  
penalty is 20% of any portion of a tax  
underpayment attributable to:  
transaction lacking economic  
File Form 8275 with your original tax  
return. Keep a copy for your records.  
You may be able to file Form 8275  
substance (within the meaning of  
section 7701(o)) or failing to meet the  
Oct 20, 2020  
Cat. No. 62063F  
 
1. Negligence or disregard of rules  
or regulations;  
The reasonable cause and  
good faith exception does not  
apply to any portion of an  
2. $5,000.  
!
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  
CAUTION  
2. Any substantial understatement  
underpayment attributable to a  
transaction that lacks economic  
substance under section 7701(o).  
of income tax;  
3. Any substantial valuation  
misstatement under chapter 1 of the  
Internal Revenue Code;  
Adequate disclosure. Generally,  
you can avoid the disregard of rules  
and substantial 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  
accuracy-related penalty, the position  
taken must also represent a  
4. Any substantial overstatement  
of pension liabilities;  
5. Any substantial estate or gift tax  
valuation understatement;  
2. $10,000,000.  
Reduction of understatement. The  
amount of the understatement will be  
reduced by the part that is attributable  
to the following items.  
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;  
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).  
7. Any undisclosed foreign  
financial asset understatement; or  
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  
8. Any inconsistent estate basis.  
An item (other than a tax shelter  
The penalty is 40% of any portion  
of a tax underpayment attributable to  
one or more gross valuation  
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  
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.  
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).  
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  
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  
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.  
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.  
If you failed to keep proper books  
and records or failed to substantiate  
items properly, you cannot avoid the  
penalty by disclosure.  
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:  
Note. If you filed a Schedule UTP  
(Form 1120), you may not need to file  
Form 8275 to satisfy the disclosure  
requirements of section 6662(i). See  
the Instructions for Schedule UTP  
(Form 1120).  
1. The amount of tax required to  
be shown on the return for the tax  
year, over  
2. The amount of tax imposed  
which is shown on the return for the  
tax year, reduced by any rebates.  
Reasonable cause exception.  
Generally, no accuracy-related  
There is a substantial  
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.  
understatement of income tax if the  
amount of the understatement for any  
tax year exceeds the greater of:  
A tax shelter item is any item of  
income, gain, loss, deduction, or  
credit that is directly or indirectly  
attributable to the principal or  
1. 10% of the tax required to be  
shown on the return for the tax year,  
or  
Instructions for Form 8275 (Rev. 1-2021)  
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significant purpose of the tax shelter  
to avoid or evade federal income tax.  
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).  
Specific Instructions  
Be sure to supply all the information  
for Parts I, II, and, if applicable, Part  
III. Your disclosure will be considered  
adequate if you file Form 8275 and  
supply the information requested in  
detail.  
Tax Return Preparer Penalties  
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:  
Part II  
Your disclosure statement must  
include 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  
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  
continuation sheet(s) if you need  
additional space. Be sure to put your  
name and identifying number on each  
sheet.  
There is or was no substantial  
authority for the position;  
The position is a tax shelter (as  
controversy or potential controversy.  
Information concerning the nature of  
the controversy can include a  
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  
Reference ID number. If you are  
filing Form 8275 to disclose a position  
related to a foreign entity for which an  
information return (such as Form  
5471) is filed, enter on Form 8275 the  
same reference ID number for the  
foreign entity that is entered on the  
information return.  
If you are filing Form 8275 to report  
a position or positions related to  
multiple foreign entities, file a  
separate Form 8275 for each foreign  
entity.  
description of the legal issues  
presented by the facts.  
sustained on its merits; or  
Unless provided otherwise in  
The position disclosed as provided  
the General Instructions,  
!
CAUTION  
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.  
earlier, your disclosure will not  
be considered accurate unless the  
information described above is  
provided using Form 8275. 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  
is not completed and attached to the  
return, the disclosure will not be  
considered valid even if the  
The penalty will not apply if it can  
be shown that there was reasonable  
cause for the understatement and that Part I  
the preparer acted in good faith.  
Column (a). If you are disclosing a  
position contrary to a rule (such as a  
statutory provision or IRS revenue  
ruling), you must identify the rule in  
column (a).  
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  
information described above is  
provided using another method, such  
as a different form or an attached  
letter.  
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 for each entity. Also, see  
How To File, earlier.  
Column (c). Enter a complete  
description of the item(s) you are  
disclosing.  
Example. If entertainment  
expenses were reported in column  
(b), then list in column (c) “theater  
tickets, catering expenses, and  
banquet hall rentals.”  
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,  
information for line 4 can be found on  
the Schedule K-1 that you received  
from the partnership or S corporation.  
reasonable basis, as described  
immediately above.  
If the pass-through entity filed its  
return electronically using e-file, enter  
“e-file” on line 4.  
A preparer is not considered to  
have recklessly or intentionally  
disregarded a rule if a position is  
adequately disclosed and has a  
reasonable basis.  
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  
If you claim the same tax treatment  
for a group of similar items in the  
Note. For more information about the same tax year, enter a description  
accuracy-related penalty and preparer identifying the group of items you are  
penalties, and the means of avoiding  
these penalties, see the regulations  
disclosing rather than a separate  
description of each item within the  
under sections 6662, 6664, and 6694. group.  
Instructions for Form 8275 (Rev. 1-2021)  
-3-  
penalty due to a substantial  
returns and return information are  
confidential, as required by section  
6103.  
Recordkeeping. . . . . . .  
3 hr., 35  
min.  
understatement of income tax or  
disregard of rules, 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.  
Learning about the law  
or the form . . . . . . . .  
1 hr.  
The time needed to complete and  
file this form will vary depending on  
individual circumstances. The  
estimated burden for individual  
taxpayers filing this form is approved  
under OMB control number  
Preparing and sending  
the form to the IRS . . 1 hr., 6 min.  
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  
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.  
1545-0074 and is included in the  
estimates shown in the instructions for  
their individual income tax return. The  
estimated burden for all other  
taxpayers who file this form is shown  
below.  
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  
Instructions for Form 8275 (Rev. 1-2021)  
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