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表格 6765 说明

关于表格6765的说明,增加研究活动信贷

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Department of the Treasury  
Internal Revenue Service  
Instructions for Form 6765  
Credit for Increasing Research Activities  
(Rev. January 2024)  
Section references are to the Internal Revenue Code unless  
otherwise noted.  
information that is technological in nature, and its application  
must be intended for use in developing a new or improved  
business component of the taxpayer. In addition,  
Future Developments  
substantially all of the activities of the research must be  
elements of a process of experimentation relating to a new or  
improved function, performance, reliability, or quality. These  
tests to determine qualified research must be applied  
separately with respect to each business component of the  
taxpayer. The research credit generally isn’t allowed for the  
following types of activities.  
For the latest information about developments related to  
Form 6765 and its instructions, such as legislation enacted  
after they were published, go to IRS.gov/Form6765.  
What’s New  
Increase in the payroll tax credit. For tax years beginning  
after 2022, the maximum amount of payroll tax research  
credit a small business can apply against payroll tax liability  
increased from $250,000 to $500,000. See Payroll Tax Credit  
Election, later.  
Research conducted after the beginning of commercial  
production.  
Research adapting an existing product or process to a  
particular customer’s need.  
Duplication of an existing product or process.  
Surveys or studies.  
Reminders  
Research relating to certain internal-use computer  
Research credit claims on amended returns. If you are  
claiming a refund or credit on an amended return or an  
administrative adjustment request (AAR) that includes a  
section 41 credit for increasing research activities (research  
credit), you must also provide certain specific information for  
your claim to be considered valid. See Research Credit  
software.  
Research conducted outside the United States, Puerto  
Rico, or a U.S. territory.  
Research in the social sciences, arts, or humanities.  
Research funded by another person (or governmental  
entity).  
If you incur qualified clinical testing expenses relating to  
Partners of Bipartisan Budget Act (BBA) Partnership.  
See Partners of BBA Partnership, later, for more information  
about adjustments to credits.  
drugs for certain rare diseases, you can elect to claim the  
orphan drug credit for these expenses instead of the  
research credit. See Form 8820, Orphan Drug Credit.  
See section 41 and Regulations sections 1.41-2 and  
1.41-4 for other definitions and special rules.  
General Instructions  
Purpose of Form  
Eligible Small Business (For Purposes of  
Offsetting AMT Only)  
Use Form 6765 to figure and claim the credit for increasing  
research activities, to elect the reduced credit under section  
280C, and to elect to claim a certain amount of the credit as a  
payroll tax credit against the employer portion of social  
security taxes.  
Partnerships and S corporations must file this form to  
claim the credit. All others are generally not required to  
complete or file this form if their only source for this credit is a  
partnership, S corporation, estate, or trust. Instead, they can  
report this credit directly on Form 3800, General Business  
Credit. The following exception applies: You are a taxpayer  
that is an estate or trust and the credit can be allocated to  
beneficiaries. For more details, see the instructions for  
Schedule K-1 (Form 1041), box 13.  
An eligible small business is:  
A corporation whose stock isn’t publicly traded,  
A partnership, or  
A sole proprietorship.  
The average annual gross receipts of the corporation,  
partnership, or sole proprietorship for the 3-tax-year period  
preceding the tax year of the credit can’t exceed $50 million.  
Gross receipts for any tax year must be reduced by returns  
and allowances made during the year. Any reference to your  
business also includes a reference to any predecessor of  
your business. If your business wasn’t in existence for the  
entire 3-year period, base your average annual gross receipts  
on the period your business existed. Also, if your business  
had a tax year of less than 12 months, your gross receipts  
must be annualized by multiplying the gross receipts for the  
short period by 12 and dividing the result by the number of  
months in the short period.  
Note. Corporations filing an amended return to claim a credit  
or refund of the research credit, see Notice 2008-39, 2008-13  
I.R.B. 684, available at IRS.gov/irb/  
2008-13_IRB#NOT-2008-39, for information on where to file.  
Definitions  
Qualified Research  
The research credit is generally allowed for expenses paid or  
incurred for qualified research. Qualified research means  
research for which expenses may be treated as section 174  
expenses. This research must be undertaken for discovering  
Note. Gross receipts must meet the definition under section  
448(c)(2) and (3) and Regulations section 1.448-1T(f)(2)(iv).  
Member of controlled group, business under common  
control, or affiliated group. For purposes of the gross  
receipts test, all members of a controlled group of  
corporations (as defined in section 52(a)) and all members of  
a group of businesses under common control (as defined in  
Jan 16, 2024  
Cat. No. 13701S  
 
section 52(b)) are treated as a single person; and all  
employees of the members of an affiliated service group (as  
defined in sections 414(m) and (o)) shall be treated as  
employed by a single person.  
the first quarter that begins after it files the return reflecting  
the payroll tax election. See Notice 2017-23 for more  
information. A qualified small business claiming the payroll  
tax credit on its employment tax return must complete Form  
8974 and attach the completed form to the employment tax  
return.  
Treatment of partners and S corporation  
shareholders. A partner or S corporation shareholder can’t  
be treated as an eligible small business unless both the  
partnership or S corporation and the partner or S corporation  
shareholder meet the gross receipts test as discussed under  
Eligible Small Business, earlier, for the tax year that the credit  
is treated as a current year general business credit.  
Special Rules  
See section 41(f) and 1.41-7 for special rules related to:  
Aggregation of expenses for members of controlled groups  
and businesses under common control;  
Allocation of the credit by partnerships, estates, and trusts;  
Adjustments, if a major portion of a business is acquired or  
Qualified Small Business (Payroll Tax Credit  
Election)  
disposed of; and  
Short tax years.  
A qualified small business is a corporation (including an S  
corporation) or partnership with:  
For special rules concerning the allocation and  
apportionment of research and experimental expenses  
between U.S. and foreign source income, see sections 861  
through 864.  
1. Gross receipts of less than $5 million for the tax year,  
and  
2. No gross receipts for any tax year before the 5-tax-year  
period ending with the tax year.  
Member of Controlled Group of  
Corporations or Group of Trades or  
Businesses Under Common Control  
(Controlled Group)  
Any other person may be considered a qualified small  
business if the person meets the requirements of (1) and (2)  
above, taking into account the aggregate gross receipts  
received in all the trades or businesses.  
The term “gross receipts” for purposes of determining  
whether your business is a qualified small business means  
gross receipts as determined under section 448(c)(3)  
(without regard to subparagraph (A) thereof) and Regulations  
sections 1.448-1T(f)(2)(iii) and (iv). The definition of gross  
receipts under section 41(c)(6) and Regulations section  
1.41-3(c) doesn’t apply for this purpose. Any reference to  
your trade or business also includes a reference to any  
predecessor of your trade or business. Also, if your trade or  
business had a tax year of less than 12 months, your gross  
receipts must be annualized by multiplying the gross receipts  
for the short period by 12 and dividing the result by the  
number of months in the short period.  
For purposes of figuring the credit, all members of a  
controlled group of corporations (as defined in section 41(f)  
(1)(A) and (f)(5)) and all members of a group of trades or  
businesses under common control (as defined in section  
41(f)(1)(B) and Regulations section 1.41-6(a)(3)(ii)) are  
treated as a single taxpayer. Use Section A or B to figure the  
credit for the entire group. As a member, your credit is  
determined on a proportionate basis to your share of the  
aggregate qualified research expenses for increasing  
research activities taken into account by the group for the  
research credit. Enter your share of the credit on line 17 or  
line 34, whichever applies. Attach a statement showing how  
your share of the credit was figured, the name and employer  
identification numbers or taxpayer identification numbers of  
the other members of the group, and the designated  
member. Write “See Attached” next to the entry space for  
line 17 or line 34.  
A qualified small business doesn’t include a tax-exempt  
organization under section 501.  
Payroll Tax Credit Election  
The payroll tax credit election is an annual election made by  
a qualified small business specifying the amount of research  
credit, not to exceed $500,000, that may be used against the  
employer portion of social security liability. The credit is the  
smallest of the current year research credit, an elected  
amount not to exceed $500,000, or the general business  
credit carryforward for the tax year (before the application of  
the payroll tax credit election for the tax year). The general  
business credit carryforward limitation doesn’t apply to  
partnerships or S corporations. The election must be made  
on or before the due date of the originally filed income tax  
return (including extensions). An election can’t be made for a  
tax year if an election was made for 5 or more preceding tax  
years. The election made by a partnership or S corporation is  
made at the entity level. Any election to take the payroll tax  
credit may be revoked only with the consent of the IRS. For  
more information about the payroll tax credit, see Notice  
2017-23, 2017-16 I.R.B. 1100, available at IRS.gov/irb/  
If a member of a controlled group has filed its return using  
a method different from that of the designated member, then  
that member should file an amended return to conform to the  
designated member's method.  
A member of a controlled group can’t make an alternative  
simplified credit (ASC) election in a tax year on an amended  
return if any member of the controlled group for that tax year  
previously claimed the research credit using a method other  
than the ASC on an original or amended return for that year.  
For additional rules regarding the election (or revocation of  
the election) of the ASC in Section B by a controlled group of  
corporations, see Regulations section 1.41-9.  
For purposes of the reduced credit election, a member of  
a controlled group may make the election under section  
280C(c)(3). However, only the common parent (within the  
meaning of Regulations section 1.1502-77(a)(1)(i)) of a  
consolidated group may make the election on behalf of the  
members of a consolidated group.  
Claiming the credit on employment tax return. A  
qualified small business that elects to claim the payroll tax  
credit will claim the payroll tax credit against the employer’s  
portion of social security tax on its employment tax return for  
For purposes of the payroll tax credit election, all members  
of the same controlled group are treated as a single taxpayer.  
Thus, the aggregate gross receipts of all members of such a  
2
Instructions for Form 6765 (January 2024)  
     
group must be taken into account in determining whether a  
business is a qualified small business. See Qualified Small  
Business, earlier. In addition, a member of such a group may  
not make a payroll tax credit election if the member (or any  
other member of the member’s group) has made a payroll tax  
credit election for 5 or more preceding tax years.  
Line 2  
Enter the amounts the corporation (not to include S  
corporations, personal holding companies, and service  
organizations) paid in cash, under a written contract, for basic  
research to a qualified university, scientific research  
organization, scientific tax-exempt organization, or grant  
organization. See section 41(e) for details, including the  
definitions of qualified organizations.  
Each member of a controlled group separately makes the  
payroll tax credit election. The amount that each member of  
the group can separately elect is limited to the least of (a) the  
electing member’s allocable share of the group credit  
(determined under the rules discussed above); (b) the  
electing member’s allocable share of the $500,000 amount;  
or (c) in the case of an electing member other than a  
partnership or S corporation, the amount of the electing  
member’s business credit carryforward under section 39  
carried from the tax year (determined before the application  
of the payroll tax credit election for the tax year). The  
$500,000 amount is allocated to each member of the group,  
regardless of whether all members of the group make the  
payroll tax credit election, on a proportionate basis to each  
member’s share of the aggregate of the qualified research  
expenses taken into account for the tax year by the group for  
purposes of the credit.  
Line 3  
Enter the qualified organization base period amount based  
on minimum basic research amounts plus  
maintenance-of-effort amounts for the 3 preceding tax years.  
See section 41(e) for details.  
Line 7  
Enter the amount you paid or incurred for the rental or lease  
of computers used in qualified research. The computer must  
be located off your premises and you mustn’t be the operator  
or primary user of the computer. Reduce this amount by the  
amount that you (or any member of a controlled group of  
corporations or businesses under common control) received  
or accrued for the right to use substantially identical property.  
Line 8  
Specific Instructions  
Enter the amounts you paid or incurred, subject to the  
following limitations.  
You can:  
100% of amounts you paid (or incurred) for qualified  
Claim the regular credit in Section A, or  
energy research performed by an eligible small business, a  
university, or a federal laboratory (see section 41(b)(3)(D) for  
definitions of those entities). Also include payments to those  
same entities to the extent they are included as basic  
research payments on line 2, not to exceed the base period  
amount on line 3.  
Elect the alternative simplified credit (ASC) in Section B.  
You may want to figure your credit using both of the  
methods for which you are eligible to get the maximum credit  
allowed.  
Once elected, the ASC applies to the current tax year and  
all later years. A current tax year's ASC election may not be  
revoked. You may revoke the election for a later tax year by  
completing Section A relating to the regular credit and  
attaching the Form 6765 to your timely filed (including  
extensions) original return for the year to which the revocation  
applies. See Regulations section 1.41-9(b)(3).  
75% of amounts you paid (or incurred) for qualified  
research by a qualified research consortium (as defined by  
section 41(b)(3)(C)(ii)). Also include 75% of the payments to  
a qualified research consortium to the extent they are  
included as basic research payments on line 2, not to exceed  
the base period amount on line 3.  
65% of amounts you paid (or incurred) for all other  
qualified research by any other person. Also include 65% of  
the payments to that person to the extent they are included  
as basic research payments on line 2, not to exceed the base  
period amount on line 3.  
After figuring your credit, you can elect to treat a portion of  
the credit as a payroll tax credit. Complete Section D to  
determine the payroll tax credit portion. Taxpayers other than  
partnerships and S corporations must complete Form 3800  
before completing Section D.  
Note. Prepaid contract research expenses are considered  
paid in the year the research is actually done.  
Section A—Regular Credit  
Skip this section and go to Section B if:  
1. You are electing the ASC, or  
Line 10  
The fixed-base percentage depends on whether you are an  
existing company or a start-up company.  
2. You previously elected the ASC and aren’t revoking the  
election on this return.  
A start-up company is a taxpayer that had both gross  
receipts and qualified research expenses either:  
Enter the amounts you paid or incurred to energy research  
consortia for energy research. Energy research doesn’t  
include any research that isn’t qualified research. In general,  
an energy research consortium is any organization described  
in section 501(c)(3), exempt from tax under section 501(a),  
organized and operated primarily to conduct energy  
research, and not a private foundation. See section 41(f)(6)  
for further details.  
For the first time in a tax year beginning after 1983, or  
For fewer than 3 tax years beginning after 1983 and before  
1989.  
The fixed-base percentage for a start-up company is  
figured as follows.  
For the first 5 tax years beginning after 1993 for which you  
have qualified research expenses, the percentage is 3%.  
For the 6th tax year beginning after 1993 for which you  
Line 1  
have qualified research expenses, divide the aggregate  
qualified research expenses for the 4th and 5th such tax  
Any amount included on line 1 can’t be included elsewhere  
on the return.  
3
Instructions for Form 6765 (January 2024)  
years by the aggregate gross receipts for those tax years,  
then divide the result by 6.  
the election. In order for the election to apply, the Form 6765  
must be filed with your original timely filed (including  
extensions) return for the tax year. Once made, the election is  
irrevocable for that tax year.  
For the 7th tax year beginning after 1993 for which you  
have qualified research expenses, divide the aggregate  
qualified research expenses for the 5th and 6th such tax  
years by the aggregate gross receipts for those tax years,  
then divide the result by 3.  
Checking the box on line 17 or line 34 to elect the  
reduced research credit when no research credits are  
claimed on the original return doesn’t mean that you  
TIP  
For the 8th tax year beginning after 1993 for which you  
are claiming the regular research credit or that you are  
making the ASC election.  
have qualified research expenses, divide the aggregate  
qualified research expenses for the 5th, 6th, and 7th such tax  
years by the aggregate gross receipts for those tax years,  
then divide the result by 2.  
If you don't elect the reduced credit, and if the amount of  
the credit determined for the taxable year exceeds the  
amount allowable as a deduction for such taxable year for  
qualified research expenses or basic research expenses,  
reduce the amount chargeable to capital account for the  
taxable year for such expenses by the amount of the excess.  
Attach a statement to your tax return that lists the capitalized  
expenses that were reduced. Identify the schedule or forms  
for capitalized items on which the reductions were made.  
For the 9th tax year beginning after 1993 for which you  
have qualified research expenses, divide the aggregate  
qualified research expenses for the 5th, 6th, 7th, and 8th  
such tax years by the aggregate gross receipts for those tax  
years, then divide the result by 1.5.  
For the 10th tax year beginning after 1993 for which you  
have qualified research expenses, divide the aggregate  
qualified research expenses for the 5th through 9th such tax  
years by the aggregate gross receipts for those tax years,  
then divide the result by 1.2.  
If you make an election to claim a portion of your research  
credit as a payroll tax credit, the amount elected is treated as  
a research credit for purposes of the reduced credit.  
For the 11th and later tax years beginning after 1993 for  
which you have qualified research expenses, divide the  
aggregate qualified research expenses for any 5 of the 5th  
through 10th such tax years by the aggregate gross receipts  
for those tax years.  
Section B—Alternative Simplified  
Credit (ASC)  
Complete this section only if, instead of the regular credit:  
1. You are electing the ASC, or  
The fixed-base percentage for an existing company (any  
company that isn’t a start-up company) is figured by dividing  
the aggregate qualified research expenses for the tax years  
beginning after 1983 and before 1989 by the aggregate gross  
receipts for those tax years.  
The fixed-base percentage for all companies (existing and  
start-up) must be rounded to the nearest 1/100th of 1% (that  
is, four decimal places) and can’t exceed 16%. In addition,  
when figuring your fixed-base percentage, you must reflect  
expenses for qualified research conducted in Puerto Rico or  
a U.S. territory for all prior tax years included in the  
computation.  
2. You previously elected the ASC and aren’t revoking the  
election on this return.  
Electing the ASC. You elect the ASC by completing  
Section B and attaching the completed Form 6765 to your  
timely filed (including extensions) original return for the tax  
year the election applies. An ASC election can be made on  
an amended return for a tax year only if you hadn’t previously  
claimed the research credit on an original return or amended  
return for that tax year. An extension of time to make the ASC  
election will not be granted.  
If short tax years are involved, see Regulations section  
1.41-3(b).  
Line 29  
Enter your qualified research expenses for the prior 3 tax  
years. If the credit terminates during the tax year, prorate the  
qualified research expenses for the prior 3 tax years for the  
number of days the credit applied during the tax year.  
Reduce gross receipts by returns and allowances.  
For a foreign corporation, include only gross receipts  
!
CAUTION  
that are effectively connected with a trade or  
business in the United States (or in Puerto Rico or a U.S.  
territory, if applicable).  
Section C—Current Year Credit  
Line 35  
Line 11  
If the credit on line 17 or line 34 includes amounts paid to  
employees as wages, and you are claiming a credit for  
employer differential wage payments based on payments you  
made to the same employees, enter on line 35 the portion of  
the credit from Form 8932, line 2, that is attributable to wages  
that were used to figure the credit on line 17 or line 34  
(whichever applies).  
Enter the average annual gross receipts (reduced by returns  
and allowances) for the 4 tax years preceding the tax year for  
which the credit is being determined. You may be required to  
annualize gross receipts for any short tax year. For a foreign  
corporation, include only gross receipts that are effectively  
connected with a trade or business in the United States (or in  
Puerto Rico or a U.S. territory, if applicable).  
For a tax year that the credit terminates, the average  
annual gross receipts for the 4 tax years preceding the  
termination tax year is prorated for the number of days the  
credit applied during the tax year.  
See Form 8932, Credit for Employer Differential Wage  
Payments, for more information on the credit.  
Line 37  
Enter total credit for increasing research activities from:  
Line 17  
Schedule K-1 (Form 1065), Partner's Share of Income,  
If you are electing the reduced research credit, you must  
complete Form 6765 (even if no research credits are claimed  
on the original return) and clearly indicate your intent to make  
Deductions, Credits, etc., box 15 (code M);  
Schedule K-1 (Form 1120S), Shareholder's Share of  
Income, Deductions, Credits, etc., box 13 (code M); and  
4
Instructions for Form 6765 (January 2024)  
Schedule K-1 (Form 1041), Beneficiary's Share of Income,  
Line 44  
Deductions, Credits, etc., box 13 (code I).  
Enter the amount from line 44 on the applicable line of Form  
8974, Part 1, column (e), Qualified Small Business Payroll  
Tax Credit for Increasing Research Activities. Use Form 8974  
to figure the amount to be applied to your payroll taxes.  
Partnerships and S corporations report the above credits  
on line 37. Also, estates and trusts that can allocate the  
source credit to beneficiaries report the above credits on  
line 37. All other filers figuring a separate credit on earlier  
lines also report the above credits on line 37. All others not  
using earlier lines to figure a separate credit can report the  
above credits directly on Form 3800, Part III, as follows.  
A qualified small business claiming a portion of the  
research credit as a payroll tax credit must adjust the  
research credit carryforward for the payroll tax credit claimed.  
Eligible small businesses, report the credit on line 4i. See  
Research Credit Claims on Amended  
Returns  
the definition of “eligible small business” under Definitions,  
shareholders, earlier.  
If you are claiming a refund or credit on an amended return or  
an AAR (as applicable) that includes a section 41 credit for  
increasing research activities that either (a) was not reported  
on your original filed return or (b) is increased from the  
amount reported on your original return, the following five  
items of information must be identified and provided with your  
claim.  
All others, report the credit on line 1c.  
Line 39  
Estates and trusts. Allocate the credit for increasing  
research activities on line 38 between the estate or trust and  
the beneficiaries in the same proportion as income was  
allocated and enter the beneficiaries’ share on line 39.  
1. Identify all the business components to which the  
research credit claim relates for that year.  
If the estate or trust is subject to the passive activity rules,  
include on line 37 any credit for increasing research from  
passive activities disallowed for prior years and carried  
forward to this year. Complete Form 8582-CR, Passive  
Activity Credit Limitations, to determine the allowed credit  
that must be allocated between the estate or trust and the  
beneficiaries. For details, see the Instructions for Form  
8582-CR.  
2. For each business component, identify all the research  
activities performed.  
3. For each business component, name the individuals  
who performed each research activity. A taxpayer may  
instead identify the individuals who performed each research  
activity by listing the individual's title or position.  
4. For each business component, describe the  
information each individual sought to discover.  
Section D—Qualified Small Business  
Payroll Tax Election and Payroll Tax  
Credit  
5. Provide the total qualified employee wage expenses,  
total qualified supply expenses, and total qualified contract  
research expenses paid or incurred for the research credit  
claim. This fifth item may be done by using Form 6765.  
Complete this section only if you are making the payroll tax  
election. Before completing this section, you must complete  
Form 3800 if you are a qualified small business other than a  
partnership or an S corporation.  
If you submit a credit study or other document, please  
identify the exact pages that contain the five items of  
information described above.  
Line 41  
BBA Partnerships must also submit Forms 8985 and 8986  
to the IRS and send Forms 8986 to their partners. BBA  
Partnerships do not need to provide the five items of  
information on the Forms 8985 and Forms 8986 where the  
five items of information are included with the Form 6765  
attached to the BBA Partnership's AAR.  
Partners of BBA Partnership. BBA Partnerships may not  
file an amended return; they must instead file an AAR to  
change any partnership-related items for any previously filed  
partnership tax returns. If you are a partner of a BBA and  
filing a return that includes a research credit reported on the  
BBA Partnership's AAR, you may, but are not required to,  
include the five items of information with your return to which  
your Form 8978 is attached if the BBA Partnership has  
provided the information to you with their AAR.  
Check the box on line 41 if you are a qualified small business  
electing to claim a certain portion of your research credit as a  
payroll tax credit. See the definition of "qualified small  
business" under Definitions, earlier.  
Line 42  
Enter the portion of your research credit, figured on line 36,  
that you are claiming as a payroll tax credit. Don’t enter more  
than $500,000.  
Line 43  
Use the worksheet to figure the general business credit  
carryforward for the current year.  
Keep for Your Records  
Worksheet for Figuring General Business Credit Carryforward  
1.  
2.  
3.  
4.  
5.  
Enter the sum of the following lines from Form 3800, Part I, line 6, and Part II, line 25 and line 36 . . . . . . . . . . . . . . . . . . . . . . . . . . ____  
Enter the amount from Form 3800, Part II, line 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ____  
Subtract line 2 from line 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .____  
Enter the amount from Form 3800, Part I, line 5, and Part II, line 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ____  
Current year general business credit carryforward. Subtract line 4 from line 3. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . ____  
5
Instructions for Form 6765 (January 2024)  
   
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.  
You aren’t 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 burden for  
individual and business taxpayers filing this form is approved under OMB control number 1545-0074 and 1545-0123 and is  
included in the estimates shown in the instructions for their individual and business income tax return. The estimated burden for  
all other taxpayers who file this form is shown below.  
Recordkeeping  
Learning about the law or the form .  
Preparing and sending the form to the IRS.  
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10 hr., 31 min.  
2 hr., 25 min.  
5 hr., 6 min.  
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.  
6
Instructions for Form 6765 (January 2024)