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Free 1040ez Internal Revenue Bulletin:  2009-36  September 8, 2009  Rev. Free 1040ez Proc. Free 1040ez 2009-37 Table of Contents SECTION 1. Free 1040ez PURPOSE SECTION 2. Free 1040ez BACKGROUND SECTION 3. Free 1040ez SCOPE SECTION 4. Free 1040ez ELECTION PROCEDURES SECTION 5. Free 1040ez REQUIRED INFORMATION STATEMENT SECTION 6. Free 1040ez EFFECTIVE DATE SECTION 7. Free 1040ez TRANSITION RULE SECTION 8. Free 1040ez PAPERWORK REDUCTION ACT DRAFTING INFORMATION SECTION 1. Free 1040ez PURPOSE . Free 1040ez 01 This revenue procedure provides the exclusive procedures for taxpayers to make an election to defer recognizing discharge of indebtedness income (“COD income”) under § 108(i) of the Internal Revenue Code. Free 1040ez . Free 1040ez 02 This revenue procedure also requires taxpayers making the § 108(i) election to provide additional information on returns beginning with the taxable year following the taxable year for which the taxpayer makes the election. Free 1040ez This revenue procedure describes the time and manner of providing this additional information. Free 1040ez . Free 1040ez 03 The Internal Revenue Service and Treasury Department intend to issue additional guidance under § 108(i) that may include regulations addressing matters in this revenue procedure. Free 1040ez Taxpayers should be aware that these regulations may be retroactive. Free 1040ez See § 7805(b)(2). Free 1040ez This revenue procedure may be modified to provide procedures consistent with additional guidance. Free 1040ez SECTION 2. Free 1040ez BACKGROUND . Free 1040ez 01 Section 108(i), Generally. Free 1040ez Section 108(i) was added to the Code by § 1231 of the American Recovery and Reinvestment Tax Act of 2009, Pub. Free 1040ez L. Free 1040ez No. Free 1040ez 111-5, 123 Stat. Free 1040ez 338. Free 1040ez In general, § 108(i) provides that, at the election of a taxpayer, COD income realized in connection with a reacquisition after December 31, 2008, and before January 1, 2011, of an applicable debt instrument is includible in gross income ratably over a 5-taxable-year inclusion period, beginning with the taxpayer’s fourth or fifth taxable year following the taxable year of the reacquisition. Free 1040ez Generally, if a taxpayer makes a § 108(i) election and reacquires (or is treated as reacquiring) the applicable debt instrument generating the COD income for a new debt instrument with original issue discount (“OID”), then interest deductions for this OID also are deferred, as provided in § 108(i)(2). Free 1040ez The OID deferral rule, however, does not apply if the amount of OID is less than a de minimis amount, as determined under § 1273(a)(3) and § 1. Free 1040ez 1273-1(d) of the Income Tax Regulations. Free 1040ez The OID deferral rule in § 108(i)(2) applies at the entity level for a pass-through entity. Free 1040ez For example, a partnership (and therefore its partners) may not deduct currently the OID described in § 108(i)(2)(A)(i). Free 1040ez A taxpayer must take into account any item of income or deduction deferred under § 108(i), and not previously taken into account, in the taxable year in which certain events occur (such as the liquidation of the taxpayer and upon other events specified in administrative guidance). Free 1040ez See § 108(i)(5)(D). Free 1040ez The rule regarding acceleration of deferred COD income and OID deductions also applies in the case of certain dispositions by persons holding ownership interests in pass-through entities. Free 1040ez Section 108(i)(5)(D)(ii). Free 1040ez For purposes of § 108(i), regulated investment companies (as defined in § 851(a)) and real estate investment trusts (as defined in § 856(a)) are not pass-through entities. Free 1040ez . Free 1040ez 02 Applicable Debt Instrument. Free 1040ez Section 108(i)(3)(A) defines the term “applicable debt instrument” to mean any debt instrument issued by a C corporation or by any other person in connection with the conduct of a trade or business by that person. Free 1040ez The term “debt instrument” means any bond, debenture, note, certificate, or any other instrument or contractual arrangement constituting indebtedness within the meaning of § 1275(a)(1). Free 1040ez Section 108(i)(3)(B). Free 1040ez For purposes of § 108(i), in the case of an intercompany obligation (as defined in § 1. Free 1040ez 1502-13(g)(2)(ii)), an applicable debt instrument includes only an instrument for which COD income is realized upon the instrument’s deemed satisfaction under § 1. Free 1040ez 1502-13(g)(5). Free 1040ez . Free 1040ez 03 Reacquisition. Free 1040ez Section 108(i)(4)(A) defines the term “reacquisition” to mean, with respect to any applicable debt instrument, any acquisition of the debt instrument by the debtor that issued (or is otherwise the obligor under) the debt instrument, or a person related to the debtor under § 108(e)(4). Free 1040ez The term “acquisition” includes an acquisition of the debt instrument for cash or other property, the exchange of the debt instrument for another debt instrument (including an exchange resulting from a modification of the debt instrument), the exchange of the debt instrument for corporate stock or a partnership interest, the contribution of the debt instrument to capital, and the complete forgiveness of the indebtedness by the holder of the debt instrument. Free 1040ez See § 108(i)(4)(B). Free 1040ez The term “acquisition” also includes an indirect acquisition within the meaning of § 1. Free 1040ez 108-2(c) if a direct acquisition of the debt instrument would qualify for an election under § 108(i). Free 1040ez For example, if a corporation acquires debt of a partnership that the partnership issued in connection with its trade or business, and the partnership and corporation become related within six months of the corporation’s acquisition of the debt, the indirect acquisition is an acquisition for which an election under § 108(i) may be made. Free 1040ez . Free 1040ez 04 General Requirements for the Section 108(i) Election. Free 1040ez Section 108(i)(5)(B) provides, in general, that a taxpayer makes the § 108(i) election by including a statement that clearly identifies the applicable debt instrument with the return of tax imposed for the taxable year in which the reacquisition of the instrument occurs. Free 1040ez (For purposes of this revenue procedure, a return of tax or income tax return includes an information return, and a taxpayer includes a person that files an information return. Free 1040ez ) The statement must include the amount of income to which § 108(i)(1) applies and other information the Service may prescribe. Free 1040ez Once made, a § 108(i) election is irrevocable and, except as provided in section 7 of this revenue procedure, may not be modified. Free 1040ez . Free 1040ez 05 Section 108(i) Elections Made by Pass-through Entities. Free 1040ez In the case of COD income realized by a pass-through entity from the reacquisition of an applicable debt instrument, the pass-through entity makes the § 108(i) election. Free 1040ez Section 108(i)(5)(B)(iii). Free 1040ez . Free 1040ez 06 Additional Information on Subsequent Years’ Returns. Free 1040ez Section 108(i)(7) authorizes the Service to issue guidance necessary or appropriate for applying § 108(i), including requiring reporting the election and other information on returns of tax for subsequent taxable years. Free 1040ez . Free 1040ez 07 Exclusivity. Free 1040ez Section 108(i)(5)(C) provides that if a taxpayer elects to apply § 108(i) to an applicable debt instrument, § 108(a)(1)(A), (B), (C), and (D) do not apply to COD income deferred under § 108(i). Free 1040ez . Free 1040ez 08 Allocation of Deferred COD Income on Partnership Indebtedness. Free 1040ez Section 4. Free 1040ez 04(3) of this revenue procedure describes how a partnership may elect under § 108(i) to defer a portion of the COD income realized from the reacquisition of an applicable debt instrument. Free 1040ez If a partnership elects to defer all or any portion of COD income realized from the reacquisition of an applicable debt instrument, all of the COD income with respect to that debt instrument, without regard to § 108(i), is allocated to the partners in the partnership immediately before the reacquisition in the manner in which the income would be included in the distributive shares of these partners under § 704 and the regulations thereunder, including § 1. Free 1040ez 704-1(b)(2)(iii). Free 1040ez Each partner’s share of this COD income is the partner’s COD income amount (“COD income amount”). Free 1040ez The partner’s COD income amount that is deferred under § 108(i) is the partner’s deferred amount (“deferred amount”). Free 1040ez The partner’s COD income amount that is not deferred and is included in the partner’s distributive share of partnership income for the taxable year of the partnership in which the reacquisition occurs is the partner’s included amount (“included amount”). Free 1040ez . Free 1040ez 09 Partner’s Deferred § 752 Amount. Free 1040ez A decrease in a partner’s share of a partnership liability resulting from the reacquisition of an applicable debt instrument that is not treated as a current distribution of money to the partner under § 752 by reason of § 108(i)(6) is the partner’s deferred § 752 amount (“deferred § 752 amount”). Free 1040ez A partner’s deferred § 752 amount may not exceed the lesser of (i) the partner’s deferred amount or (ii) gain that the partner would recognize in the year of reacquisition under § 731 as a result of the reacquisition absent § 108(i)(6). Free 1040ez To determine the amount of gain the partner would recognize under clause (ii) of the preceding sentence, the amount of any deemed distribution of money under § 752(b) resulting from the decrease in the partner’s share of a reacquired applicable debt instrument that is treated as an advance or draw of money under § 1. Free 1040ez 731-1(a)(1)(ii) is determined as if no COD income resulting from the reacquisition of the applicable debt instrument is deferred under § 108(i). Free 1040ez See Rev. Free 1040ez Rul. Free 1040ez 92-97, 1992-2 C. Free 1040ez B. Free 1040ez 124, and Rev. Free 1040ez Rul. Free 1040ez 94-4, 1994-1 C. Free 1040ez B. Free 1040ez 195. Free 1040ez A partner’s deferred § 752 amount is treated as a distribution of money to the partner under § 752 at the same time, and to the extent remaining in the same amount, as the partner recognizes the COD income deferred under § 108(i). Free 1040ez . Free 1040ez 10 Allocation of Deferred COD Income on S Corporation Indebtedness. Free 1040ez For purposes of § 108(i), an S corporation’s COD income deferred under § 108(i) is shared pro rata only among those shareholders that are shareholders of the S corporation immediately before the reacquisition transaction. Free 1040ez . Free 1040ez 11 Deferred COD Income, Earnings and Profits, and Alternative Minimum Taxable Income. Free 1040ez (1) In general. Free 1040ez The Service and Treasury Department intend to issue regulations regarding the computation of a corporation’s earnings and profits with respect to COD income and OID deductions that are deferred under § 108(i). Free 1040ez These regulations generally will provide that deferred COD income increases earnings and profits in the taxable year that it is realized and not in the taxable year or years that the deferred COD income is includible in gross income. Free 1040ez OID deductions deferred under § 108(i) generally will decrease earnings and profits in the taxable year or years in which the deduction would be allowed without regard to § 108(i). Free 1040ez COD income and OID deductions that are deferred increase or decrease adjusted current earnings under § 56(g)(4) in the taxable year or years that the income or deduction is includible or deductible in determining taxable income. Free 1040ez See § 1. Free 1040ez 56(g)-1(c)(1). Free 1040ez (2) Exceptions for certain special status corporations. Free 1040ez The Service and Treasury Department intend to issue regulations providing that in the case of regulated investment companies and real estate investment trusts, COD income deferred under § 108(i) generally increases earnings and profits in the taxable year or years in which the deferred COD income is includible in gross income and not in the year that the deferred COD income is realized. Free 1040ez OID deductions deferred under § 108(i) generally decrease earnings and profits in the taxable year or years that the deferred OID deductions are deductible. Free 1040ez . Free 1040ez 12 Extension of Time to Make Election. Free 1040ez Under § 301. Free 1040ez 9100-1 of the Procedure and Administration Regulations, the Service may grant an extension of time to make a regulatory election. Free 1040ez An election is a regulatory election if the due date is prescribed by regulation or other published guidance of general applicability. Free 1040ez Section 301. Free 1040ez 9100-2(a) provides an automatic 12-month extension from the due date for making certain regulatory elections. Free 1040ez SECTION 3. Free 1040ez SCOPE This revenue procedure applies to taxpayers that realize COD income from a reacquisition after December 31, 2008, and before January 1, 2011, of an applicable debt instrument, as provided in § 108(i). Free 1040ez SECTION 4. Free 1040ez ELECTION PROCEDURES . Free 1040ez 01 In General. Free 1040ez (1) A taxpayer within the scope of this revenue procedure makes the § 108(i) election by— (a) Attaching a statement meeting the requirements of section 4. Free 1040ez 05 of this revenue procedure to the taxpayer’s timely filed (including extensions) original federal income tax return for the taxable year in which the reacquisition of the applicable debt instrument occurs, and (b) If applicable, satisfying the additional requirements of section 4. Free 1040ez 07, 4. Free 1040ez 08, 4. Free 1040ez 09, or 4. Free 1040ez 10 of this revenue procedure. Free 1040ez (2) The Service grants an automatic extension of 12 months from the due date prescribed in section 4. Free 1040ez 01(1)(a) of this revenue procedure for making the § 108(i) election. Free 1040ez The rules that apply to an automatic extension under § 301. Free 1040ez 9100-2(a) apply to this automatic extension. Free 1040ez . Free 1040ez 02 Section 108(i) Elections Made by Members of Consolidated Groups. Free 1040ez The common parent of a consolidated group makes the § 108(i) election on behalf of all members of the group. Free 1040ez See § 1. Free 1040ez 1502-77(a). Free 1040ez . Free 1040ez 03 Aggregation Rule. Free 1040ez A taxpayer within the scope of this revenue procedure may treat two or more applicable debt instruments that are part of the same issue and that are reacquired during the same taxable year as one applicable debt instrument for purposes of this revenue procedure. Free 1040ez A pass-through entity may not treat two or more applicable debt instruments as one applicable debt instrument under this section 4. Free 1040ez 03 if the owners and their ownership interests in the pass-through entity immediately prior to the reacquisition of each applicable debt instrument are not identical. Free 1040ez . Free 1040ez 04 Partial Elections. Free 1040ez (1) A taxpayer within the scope of this revenue procedure may make an election for any portion of COD income realized from the reacquisition of any applicable debt instrument. Free 1040ez Thus, for example, if a taxpayer realizes $100 of COD income from the reacquisition of an applicable debt instrument, the taxpayer may elect under § 108(i)(1) to defer only $40 of the $100 of COD income. Free 1040ez The taxpayer may exclude from income the portion of COD income that the taxpayer does not elect to defer under § 108(i) ($60 in this example) under § 108(a)(1)(A), (B), (C), or (D), if applicable. Free 1040ez (2) A taxpayer is not required to make an election for the same portion of COD income arising from each applicable debt instrument that it reacquires, but may make an election for different portions of COD income arising from different applicable debt instruments (whether or not part of the same issue). Free 1040ez Thus, for example, if a taxpayer realizes $100 of COD income from the reacquisition of an applicable debt instrument (Instrument A) and $100 of COD income from the reacquisition of a different applicable debt instrument (Instrument B), the taxpayer may elect to defer all or a portion of the COD income associated with Instrument A and none or a different portion of the COD income associated with Instrument B. Free 1040ez (3) A partnership that elects to defer less than all of the COD income realized from the reacquisition of an applicable debt instrument may determine, in any manner, the portion, if any, of a partner’s COD income amount that is the partner’s deferred amount and the portion, if any, of a partner’s COD income amount that is the partner’s included amount. Free 1040ez Thus, for example, one partner’s deferred amount may be zero while another partner’s deferred amount may equal that partner’s COD income amount (or any portion thereof). Free 1040ez A partner may exclude from income the partner’s included amount under § 108(a)(1)(A), (B), (C), or (D), if applicable. Free 1040ez The provisions of this section 4. Free 1040ez 04(3) apply for purposes of § 108(i) only and are not intended as an interpretation of or a change to existing law under § 704. Free 1040ez . Free 1040ez 05 Contents of Election Statement. Free 1040ez A statement meets the requirements of this section 4. Free 1040ez 05 if the statement— (1) Label. Free 1040ez States “Section 108(i) Election” across the top. Free 1040ez (2) Required information. Free 1040ez Provides, for each applicable debt instrument the reacquisition of which generates COD income that the taxpayer is electing to defer under § 108(i)— (a) The name and taxpayer identification numbers, if any, of the issuer or issuers of the applicable debt instrument; (b) A general description of the applicable debt instrument (including the issue and maturity dates) and, in the case of any person other than a C corporation, a general description of the person’s trade or business to which the applicable debt instrument is connected; (c) A general description of the reacquisition transaction or transactions generating the COD income (including the date(s) of the transaction(s)); (d) The total amount of COD income for the applicable debt instrument that results from the reacquisition (in the case of a partnership, the aggregate of the partners’ COD income amounts) and a general description of the manner in which this amount is calculated; (e) The amount of COD income for the applicable debt instrument that the taxpayer is electing to defer under § 108(i); (f) In the case of a partnership, a list of partners that have a deferred amount, their identifying information and each partner’s deferred amount; and in the case of an S corporation, a list of shareholders with COD income deferred under § 108(i), their identifying information and each shareholder’s share of the S corporation’s deferred COD income; and (g) In cases in which a new debt instrument is issued or deemed issued in exchange for the applicable debt instrument (including exchanges under § 108(e)(4), § 108(i)(2)(B), and § 1. Free 1040ez 1001-3), the issuer’s name, the issuer’s taxpayer identification number, if any, a general description of the new debt instrument and whether the new debt instrument has OID, and if the new debt instrument has OID, a schedule of the OID that the issuer expects to accrue each taxable year on the instrument and the amount of OID that the issuer expects to defer under § 108(i)(2) each taxable year. Free 1040ez . Free 1040ez 06 Supplemental information. Free 1040ez The statement described in section 4. Free 1040ez 05 of this revenue procedure may specify for each applicable debt instrument an amount greater than the amount identified in section 4. Free 1040ez 05(2)(e) of this revenue procedure that the taxpayer elects to defer under § 108(i) in the event the Service subsequently concludes that the taxpayer understated the amount of COD income described in section 4. Free 1040ez 05(2)(d) of this revenue procedure. Free 1040ez This additional amount of COD income the taxpayer elects to defer may be described as the entire additional COD income, or as a percentage of any additional COD income. Free 1040ez If the taxpayer is a partnership, the partnership must specify each partner’s share of the partnership’s additional COD income that would be deferred (the partner’s additional deferred amount), which the partnership may describe for each partner as the partner’s entire share of the partnership’s additional COD income or as a percentage of the partner’s share of the partnership’s additional COD income. Free 1040ez If the taxpayer is an S corporation, the S corporation must specify each shareholder’s share of the S corporation’s additional COD income that would be deferred, which the S corporation may describe for each shareholder as the shareholder’s entire share of the S corporation’s additional COD income or as a percentage of the shareholder’s share of the S corporation’s additional COD income. Free 1040ez In the case of partnerships and S corporations, the additional COD income and the portion of additional COD income that would be deferred are allocated or determined as provided in sections 2. Free 1040ez 08, 2. Free 1040ez 10 and, if applicable, 4. Free 1040ez 04(3) of this revenue procedure, respectively, as if the additional COD income was realized. Free 1040ez . Free 1040ez 07 Additional Requirements for Certain Partnerships Making a § 108(i) Election. Free 1040ez The rules of this section 4. Free 1040ez 07 apply to partnerships other than partnerships described in section 4. Free 1040ez 10 of this revenue procedure. Free 1040ez (1) Information filing on Schedule K-1 (Form 1065 and Form 1065-B). Free 1040ez For the taxable year in which the § 108(i) election is made, the partnership must report on the Schedule K-1 (Form 1065 or Form 1065-B), Partner’s Share of Income, Deductions, Credits, etc. Free 1040ez , in the manner specified in the instructions to the forms, for each partner § 108(i) information on an aggregate basis for all applicable debt instruments for which a § 108(i) election is made. Free 1040ez Partnerships reporting § 108(i) information on the 2008 Schedule K-1 (Form 1065 or Form 1065-B) must report for each partner on an aggregate basis for all applicable debt instruments for which a § 108(i) election is made: (a) The partner’s deferred amount that the partner must include in income in the current taxable year under § 108(i)(1) or § 108(i)(5)(D)(i) or (ii), in box 11 (“other income”) using code F for Schedule K-1 (Form 1065) or in box 9 (“other”) using code U for Schedule K-1 (Form 1065-B); (b) The partner’s share of the partnership’s OID deduction deferred under § 108(i)(2)(A)(i) that is allowable as a deduction in the current taxable year under § 108(i)(2)(A)(ii) or § 108(i)(5)(D)(i) or (ii), in box 13 (“other deductions”) using code W for Schedule K-1 (Form 1065) or in box 9 (“other”) using code U for Schedule K-1 (Form 1065-B); (c) The partner’s deferred amount that has not been included in income in the current or prior taxable years, in box 20 (“other information”) using code X for Schedule K-1 (Form 1065) or in box 9 (“other”) using code U for Schedule K-1 (Form 1065-B); (d) The partner’s share of the partnership’s OID deduction deferred under § 108(i)(2)(A)(i) that has not been deducted in the current or prior taxable years, in box 20 (“other information”) using code X for Schedule K-1 (Form 1065) or in box 9 (“other”) using code U for Schedule K-1 (Form 1065-B); (e) The partner’s deferred § 752 amount that is treated as a distribution of money to the partner under § 752 in the current taxable year, in box 20 (“other information”) using code X for Schedule K-1 (Form 1065) or in box 9 (“other”) using code U for Schedule K-1 (Form 1065-B); and (f) The partner’s deferred § 752 amount remaining as of the end of the current taxable year, in box 20 (“other information”) using code X for Schedule K-1 (Form 1065) or in box 9 (“other”) using code U for Schedule K-1 (Form 1065-B). Free 1040ez (2) Election information statement provided to partners. Free 1040ez The partnership must attach to the Schedule K-1 (Form 1065 or Form 1065-B) provided to each partner for the taxable year in which the § 108(i) election is made a statement satisfying the requirements of this section 4. Free 1040ez 07(2). Free 1040ez The partnership should not attach these statements to the Schedules K-1 that are filed with the Service, but must retain these statements, and each partner must retain that partner’s statement, in their respective books and records. Free 1040ez A statement meets the requirements of this section 4. Free 1040ez 07(2) if the statement— (a) Label. Free 1040ez States “Section 108(i) Election Information Statement for Partners” across the top. Free 1040ez (b) Required information. Free 1040ez Clearly identifies for each applicable debt instrument to which an election under § 108(i) applies— (i) The partner’s COD income amount, the partner’s deferred amount, and the partner’s included amount; (ii) The partner’s deferred amount that the partner must include in income in the current taxable year under § 108(i)(5)(D)(i) or (ii); (iii) The partner’s share of the partnership’s OID deduction deferred under § 108(i)(2)(A)(i) in the current taxable year; (iv) The partner’s share of the partnership’s OID deduction deferred under § 108(i)(2)(A)(i) that is allowable as a deduction in the current taxable year under § 108(i)(5)(D)(i) or (ii); (v) The partner’s share of each liability of the partnership described in section 4. Free 1040ez 05(2)(g) of this revenue procedure; (vi) The partner’s share of the decrease in the partnership liability that results from the reacquisition of the applicable debt instrument; (vii) The partner’s share of the decrease in the partnership liability that results from the reacquisition of the applicable debt instrument that is treated as a distribution of money to the partner under § 752 in the current taxable year; (viii) The partner’s deferred § 752 amount as described in section 2. Free 1040ez 09 of this revenue procedure; (ix) The partner’s additional deferred amount as described in section 4. Free 1040ez 06 of this revenue procedure; and (x) The date of the reacquisition transaction generating the COD income. Free 1040ez (c) If a partner fails to provide the written statement required by section 4. Free 1040ez 07(3) of this revenue procedure, the partnership must indicate that the amounts described in section 4. Free 1040ez 07(2)(b)(vii) and (viii) of this revenue procedure cannot be calculated because the partner did not provide the information necessary to report these amounts. Free 1040ez (3) Partner reporting requirements. Free 1040ez The partnership must make reasonable efforts prior to making a § 108(i) election to secure from each partner with a deferred amount for which it does not have the information necessary to compute the partner’s basis in its partnership interest (and its deferred § 752 amount as described in section 2. Free 1040ez 09 of this revenue procedure) a written statement signed under penalties of perjury that includes this information. Free 1040ez Each partner with a deferred amount must provide this written statement to the partnership within 30 days of the date of request by the partnership. Free 1040ez A partner’s failure to comply with this reporting requirement does not invalidate the partnership’s election under § 108(i) for an applicable debt instrument only if the partnership makes reasonable efforts before making the § 108(i) election to obtain the written statement from the partner and otherwise complies with the requirements of section 4 of this revenue procedure. Free 1040ez If a partner provides its written statement under this section 4. Free 1040ez 07(3) after the partnership has provided to the partner the Section 108(i) Election Information Statement for Partners, the partnership must provide to the partner a revised Section 108(i) Election Information Statement for Partners reporting the information required under section 4. Free 1040ez 07(2)(b)(vii) and (viii) of this revenue procedure and report the partner’s deferred § 752 amount on the partner’s Schedule K-1 (Form 1065 or Form 1065-B) in subsequent taxable years. Free 1040ez . Free 1040ez 08 Additional Requirements for an S Corporation Making a § 108(i) Election. Free 1040ez (1) Information filing on Schedule K-1 (Form 1120S). Free 1040ez For the taxable year in which the § 108(i) election is made, the S corporation must report on the Schedule K-1 (Form 1120S), Shareholder’s Share of Income, Deductions, Credits, etc. Free 1040ez , in the manner specified in the instructions to the forms, for each shareholder § 108(i) information on an aggregate basis for all applicable debt instruments for which a § 108(i) election is made. Free 1040ez S corporations reporting § 108(i) information on the 2008 Schedule K-1 (Form 1120S) must report for each shareholder, on an aggregate basis for all applicable debt instruments for which a § 108(i) election is made, the shareholder’s share of the S corporation’s: (a) COD income deferred under § 108(i) that the shareholder must include in income in the current taxable year under § 108(i)(1) or § 108(i)(5)(D)(i) or (ii), in box 10 (“other income”) using code E; (b) OID deduction deferred under § 108(i)(2)(A)(i) that is allowable as a deduction in the current taxable year under § 108(i)(2)(A)(ii), or § 108(i)(5)(D)(i) or (ii), in box 12 (“other deductions”) using code S; (c) COD income deferred under § 108(i) that has not been included in income in the current or prior taxable years, in box 17 (“other information”) using code T; and (d) OID deduction deferred under § 108(i)(2)(A)(i) that has not been deducted in the current or prior taxable years, in box 17 (“other information”) using code T. Free 1040ez (2) Election information statement provided to shareholders. Free 1040ez The S corporation must attach to the Schedule K-1 (Form 1120S) provided to each shareholder for the taxable year in which the § 108(i) election is made, a statement satisfying the requirements of this section 4. Free 1040ez 08(2). Free 1040ez The S corporation should not attach these statements to the Schedules K-1 that are filed with the Service, but must retain these statements, and each shareholder must retain that shareholder’s statement, in their respective books and records. Free 1040ez A statement meets the requirements of this section 4. Free 1040ez 08(2) if the statement— (a) Label. Free 1040ez States “Section 108(i) Election Information Statement for Shareholders” across the top. Free 1040ez (b) Required information. Free 1040ez Clearly identifies for each applicable debt instrument to which an election under § 108(i) applies, the shareholder’s share of the S corporation’s— (i) COD income that the S corporation elects to defer under § 108(i); (ii) COD income deferred under § 108(i) that the shareholder must include in income in the current taxable year under § 108(i)(5)(D)(i) or (ii); (iii) OID deduction deferred under § 108(i)(2)(A)(i) in the current taxable year; (iv) OID deduction deferred under § 108(i)(2)(A)(i) that is allowable as a deduction in the current taxable year under § 108(i)(5)(D)(i) or (ii); and (v) Additional COD income that would be deferred as described in section 4. Free 1040ez 06 of this revenue procedure. Free 1040ez . Free 1040ez 09 Section 108(i) Elections Made on Behalf of Certain Foreign Corporations. Free 1040ez The controlling domestic shareholder(s) (or common parent of the controlling domestic shareholder(s), if applicable) of a controlled foreign corporation or a noncontrolled § 902 corporation not otherwise required to file a return of tax may make the § 108(i) election on behalf of the foreign corporation by satisfying the requirements of § 1. Free 1040ez 964-1(c)(3). Free 1040ez Each controlling domestic shareholder must attach a statement identifying the foreign corporation and satisfying the requirements of section 4. Free 1040ez 05 of this revenue procedure and, if applicable, section 4. Free 1040ez 06 of this revenue procedure, to its federal income tax return for the taxable year ending within or with the taxable year of the foreign corporation for which the § 108(i) election is made. Free 1040ez . Free 1040ez 10 Section 108(i) Elections Made By Certain Foreign Partnerships. Free 1040ez The rules of this section 4. Free 1040ez 10 apply to a foreign partnership making a § 108(i) election that is not otherwise required to file a federal partnership return (“nonfiling foreign partnership”). Free 1040ez See § 1. Free 1040ez 6031(a)-1(b). Free 1040ez (1) A nonfiling foreign partnership making the election must attach a statement satisfying the requirements of section 4. Free 1040ez 05 of this revenue procedure and, if applicable, section 4. Free 1040ez 06 of this revenue procedure, to a partnership return satisfying the requirements of § 1. Free 1040ez 6031(a)-1(b)(5) it files with the Service. Free 1040ez In addition, a nonfiling foreign partnership must include in the information required in section 4. Free 1040ez 05(2)(d) and (e) of this revenue procedure the aggregate amounts for all partners as well as the aggregate amounts for all U. Free 1040ez S. Free 1040ez persons (as defined in § 7701(a)(30)) and controlled foreign corporation(s) that are partners with deferred amounts in the nonfiling foreign partnership (“affected partners”). Free 1040ez (2) The nonfiling foreign partnership must make the election, in accordance with § 1. Free 1040ez 6031(a)-1(b)(5), by the date provided in section 4. Free 1040ez 01(1)(a) of this revenue procedure, as if it had a filing obligation for the taxable year in which the reacquisition of the applicable debt instrument occurs. Free 1040ez (3) For each affected partner, the partnership must file with the Service a Schedule K-1 (Form 1065) and report on the Schedule K-1 (Form 1065) for the affected partner as provided in section 4. Free 1040ez 07(1) of this revenue procedure. Free 1040ez Except for this § 108(i) information, the partnership need not complete Part III of the Schedule K-1 (Form 1065). Free 1040ez The partnership must provide a copy of the respective Schedule K-1 (Form 1065) to each affected partner and must also attach to the Schedule K-1 (Form 1065) provided to each affected partner a statement satisfying the requirements of section 4. Free 1040ez 07(2) of this revenue procedure by the date provided in section 4. Free 1040ez 01(1)(a) of this revenue procedure. Free 1040ez The partnership should not attach any statement described in section 4. Free 1040ez 07(2) of this revenue procedure to the Schedules K-1 that are filed with the Service. Free 1040ez However, the partnership must retain the statements provided to the affected partners, and each affected partner must retain that partner’s statement, in their respective books and records. Free 1040ez (4) The partnership and each affected partner must satisfy the requirements of section 4. Free 1040ez 07(3) of this revenue procedure. Free 1040ez . Free 1040ez 11 Protective § 108(i) Election. Free 1040ez (1) In general. Free 1040ez A taxpayer may make a protective election under § 108(i) for an applicable debt instrument if the taxpayer concludes that a particular transaction does not result in the realization of COD income, reports the transaction on its federal income tax return in a manner consistent with the taxpayer’s conclusion, and would be within the scope of this revenue procedure if the taxpayer’s conclusion were incorrect. Free 1040ez If the Service at any time determines the taxpayer’s conclusion that the particular transaction does not result in the realization of COD income is incorrect, the taxpayer’s protective election is treated as a valid, irrevocable election under § 108(i). Free 1040ez Thus, if a taxpayer makes a protective election, the Service subsequently may require the taxpayer to report COD income deferred pursuant to the valid and irrevocable protective election even if the statute of limitations has expired for the year in which the COD income was realized and the protective election was made. Free 1040ez A taxpayer makes a protective election by attaching a statement satisfying the requirements of this section 4. Free 1040ez 11(1) to the taxpayer’s original federal income tax return within the period described in section 4. Free 1040ez 01(1)(a) of this revenue procedure. Free 1040ez The taxpayer also must attach the election to its federal income tax return in each of the 8 or 9 taxable years, as applicable, following the taxable year of the election. Free 1040ez A statement meets the requirements of this section 4. Free 1040ez 11(1) if the statement— (a) States “Section 108(i) Protective Election” across the top; (b) Provides the information required under section 4. Free 1040ez 05(2)(a), (b), and (c) of this revenue procedure; (c) Provides that the amounts described in sections 4. Free 1040ez 05(2)(d) and (e) of this revenue procedure are zero; and (d) Provides the information described in section 4. Free 1040ez 06 of this revenue procedure. Free 1040ez (2) Statements provided to shareholders and partners. Free 1040ez (a) For each applicable debt instrument, a partnership or S corporation that makes a protective election must attach to the Schedule K-1 (Form 1065, Form 1065-B, or Form 1120S) it provides each of its partners or shareholders, as the case may be, for the taxable year in which the protective election is made a statement containing the information described in section 4. Free 1040ez 11(1)(b) of this revenue procedure (an S corporation need not provide its shareholders with the date(s) of the transaction(s) that would constitute the reacquisition transaction or transactions) and the partner’s or shareholder’s share of the additional COD income that would be deferred as described in section 4. Free 1040ez 11(1)(d) of this revenue procedure. Free 1040ez (b) The partnership or S corporation should not attach the statements described in this section 4. Free 1040ez 11(2) to the Schedules K-1 that are filed with the Service but must retain these statements, and each partner and shareholder must retain that partner’s or shareholder’s statement, in their respective books and records. Free 1040ez . Free 1040ez 12 Election-Year Reporting by Tiered Pass-Through Entities. Free 1040ez (1) A partnership required to file a U. Free 1040ez S. Free 1040ez partnership return other than under § 1. Free 1040ez 6031(a)-1(b)(5), or an S corporation, that receives a Schedule K-1 (Form 1065 or Form 1065-B) reflecting its share of any items listed in section 4. Free 1040ez 07(1) of this revenue procedure, must report on the Schedules K-1 (Form 1065, Form 1065-B, or Form 1120S) to its partners or shareholders, as the case may be, each partner’s or shareholder’s share of those items (an S corporation only reports to its shareholders the items described in section 4. Free 1040ez 07(1)(a) through (d) of this revenue procedure). Free 1040ez (2) If a partnership described in section 4. Free 1040ez 12(1) of this revenue procedure receives a statement described in sections 4. Free 1040ez 07(2) or 4. Free 1040ez 10(3) of this revenue procedure or this section 4. Free 1040ez 12(2), it must provide each of its partners a statement containing the partner’s share of each of the items listed on each statement received by the partnership, including the information described in section 4. Free 1040ez 07(2)(b)(x) of this revenue procedure. Free 1040ez If an S corporation receives a statement described in sections 4. Free 1040ez 07(2) or 4. Free 1040ez 10(3) of this revenue procedure or this section 4. Free 1040ez 12(2), it must provide each of its shareholders a statement containing the shareholder’s share of each of the items listed on each statement received by the S corporation that are described in section 4. Free 1040ez 07(2)(b)(i), (ii), (iii), (iv) and (ix) of this revenue procedure. Free 1040ez The partnership or S corporation must attach this statement or statements to the Schedule K-1 (Form 1065, Form 1065-B, or Form 1120S) that it provides to each of its partners or shareholders, as the case may be, for the taxable year of the partnership or S corporation. Free 1040ez The partnership or S corporation should not attach these statements to the Schedules K-1 that are filed with the Service but must retain these statements, and each partner and shareholder must retain that partner’s or shareholder’s statement, in their respective books and records. Free 1040ez (3) A partnership that receives a statement described in this section 4 identifying its COD income amount with respect to an applicable debt instrument must allocate its COD income amount, without regard to § 108(i), to the partners in the partnership immediately before the reacquisition transaction in the manner in which the income would be included in the distributive shares of these partners under § 704 and the regulations thereunder, including § 1. Free 1040ez 704-1(b)(2)(iii). Free 1040ez The partnership may determine in any manner the portion, if any, of a partner’s COD income amount that is the partner’s deferred amount and the portion, if any, of a partner’s COD income amount that is the partner’s included amount. Free 1040ez No partner’s deferred amount with respect to an applicable debt instrument may exceed its COD income amount with respect to the applicable debt instrument, and the aggregate of deferred amounts of its partners with respect to an applicable debt instrument must equal the partnership’s deferred amount with respect to the applicable debt instrument. Free 1040ez The partnership allocates amounts described in section 4. Free 1040ez 06 of this revenue procedure under this section 4. Free 1040ez 12(3) as if the additional COD income was realized. Free 1040ez (4) The deferred § 752 amount for partners in a partnership making a § 108(i) election is calculated only for the partnership’s direct partners. Free 1040ez No further adjustment to the deferred § 752 amount is made to reflect the basis or other attributes of partners that are indirect partners in the partnership. Free 1040ez (5) If an S corporation receives a statement described in this section 4 identifying its COD income amount, deferred amount, included amount or additional COD income that would be deferred with respect to an applicable debt instrument, these amounts are shared pro rata only among those shareholders that are shareholders in the S corporation immediately before the reacquisition transaction. Free 1040ez (6) This paragraph 4. Free 1040ez 12(6) provides the rules for Category 1 and Category 2 filers of Form 8865, Return of U. Free 1040ez S. Free 1040ez Persons With Respect to Certain Foreign Partnerships, as defined in the instructions for Form 8865, if the foreign partnership, for which the Category 1 or Category 2 filer has a filing requirement, receives a Schedule K-1 (Form 1065 or Form 1065-B) reflecting the partnership’s share of any items listed in section 4. Free 1040ez 07(1) of this revenue procedure, or a statement described in sections 4. Free 1040ez 07(2) or 4. Free 1040ez 10(3) of this revenue procedure (because the foreign partnership owns an interest directly or indirectly in another partnership in which an election was made under § 108(i) with respect to that foreign partnership’s distributive share from the other entity). Free 1040ez (a) For each partner for whom the Category 1 filer is required to complete a Schedule K-1 (Form 8865) (which includes the Category 1 filer itself), the Category 1 filer must: (i) Include the information described in section 4. Free 1040ez 07(1) of this revenue procedure in the Schedule K-1 (Form 8865) that the Category 1 filer files with the Service and completes for the partner; (ii) Produce a statement containing the partner’s share of the items listed on each statement received by the partnership; and (iii) Attach the statement described in section 4. Free 1040ez 12(6)(a)(ii) of this revenue procedure to each Schedule K-1 (Form 8865) that it is required to provide to a partner of the foreign partnership. Free 1040ez (b) A Category 2 filer must include its share of the information described in section 4. Free 1040ez 07(1) on the Schedule K-1 (Form 8865) that it is required to complete. Free 1040ez Category 2 filers also must complete a statement containing their share of the items listed on each statement received by the partnership. Free 1040ez (c) The Category 1 and Category 2 filers should not attach the statements described in sections 4. Free 1040ez 12(6)(a)(ii) and 4. Free 1040ez 12(6)(b) of this revenue procedure, respectively, to the Schedules K-1 that are filed with the Service. Free 1040ez However, Category 1 filers must retain the statements they complete and each partner must retain its own statement, in their respective books and records. Free 1040ez (7) If as a result of § 108(i)(5)(D)(ii), a partner of a partnership described in section 4. Free 1040ez 12(1) of this revenue procedure or a shareholder of an S corporation described in section 4. Free 1040ez 12(1) of this revenue procedure must recognize items deferred under § 108(i), the partnership or S corporation must report these items on the Schedule K-1 (Form 1065, Form 1065-B, or Form 1120S) and statements provided to the partner or shareholder pursuant to section 4. Free 1040ez 12(1) and (2) of this revenue procedure. Free 1040ez Similar rules apply to Category 1 and Category 2 filers (Form 8865) described in section 4. Free 1040ez 12(6) of this revenue procedure. Free 1040ez (8) The provisions of section 4. Free 1040ez 12(2), (3), (5) and (6) of this revenue procedure also apply to a statement received that is described in section 4. Free 1040ez 11(2) of this revenue procedure, except that the information that must be provided are those items described in section 4. Free 1040ez 11(1)(b) of this revenue procedure (an S corporation need not provide its shareholders with the date(s) of the transaction(s) that would constitute the reacquisition transaction or transactions) and the share of the partner or shareholder in the amounts described in section 4. Free 1040ez 11(1)(d) of this revenue procedure. Free 1040ez SECTION 5. Free 1040ez REQUIRED INFORMATION STATEMENT . Free 1040ez 01 Annual Information Statements. Free 1040ez Pursuant to § 108(i)(7)(B), a taxpayer that makes an election under § 108(i) (except for a protective election under section 4. Free 1040ez 11(1) of this revenue procedure) must attach a statement meeting the requirements of section 5. Free 1040ez 02 of this revenue procedure to its federal income tax return for each taxable year beginning with the taxable year following the taxable year for which the taxpayer makes the election and ending with the first taxable year in which all items deferred under § 108(i) have been recognized. Free 1040ez . Free 1040ez 02 Contents of Statement. Free 1040ez A statement meets the requirements of this section 5. Free 1040ez 02 if the statement— (1) Label. Free 1040ez States “Section 108(i) Information Statement” across the top; (2) Required information. Free 1040ez Clearly identifies for each applicable debt instrument to which an election under § 108(i) applies— (a) COD income deferred under § 108(i) that is included in income in the current taxable year under § 108(i)(1); (b) COD income deferred under § 108(i) that is included in income in the current taxable year under § 108(i)(5)(D), including a description and date of the acceleration event described in § 108(i)(5)(D); (c) COD income deferred under § 108(i) that has not been included in income in the current or prior taxable years (in the case of a partnership, the aggregate of the partners’ deferred amounts that have not been included in income in the current or prior taxable years, and in the case of an S corporation, the S corporation’s COD income deferred under § 108(i) that has not been included in income in the current or prior taxable years); (d) OID deduction deferred under § 108(i)(2)(A)(i) that is allowable as a deduction in the current taxable year under § 108(i)(2)(A)(ii); (e) OID deduction deferred under § 108(i)(2)(A)(i) that is allowable as a deduction in the current taxable year under § 108(i)(5)(D); and (f) OID deduction deferred under § 108(i)(2)(A)(i) that has not been deducted in the current or prior taxable years. Free 1040ez (3) Election attached. Free 1040ez Includes a copy of the election statement described in section 4. Free 1040ez 05 of this revenue procedure. Free 1040ez . Free 1040ez 03 Additional Annual Reporting Requirements for Certain Partnerships. Free 1040ez The rules of this section 5. Free 1040ez 03 apply to partnerships other than partnerships described in section 5. Free 1040ez 05 of this revenue procedure. Free 1040ez (1) In general. Free 1040ez A partnership that makes an election under § 108(i) (except for a protective election under section 4. Free 1040ez 11(1) of this revenue procedure) must attach to its federal income tax returns the statements required under section 5. Free 1040ez 01 of this revenue procedure. Free 1040ez In addition, for each taxable year in which a statement is required under section 5. Free 1040ez 01 of this revenue procedure, the partnership must report on the Schedule K-1 (Form 1065 or Form 1065-B) for each partner § 108(i) information in the manner described in section 4. Free 1040ez 07(1) of this revenue procedure. Free 1040ez (2) Annual information statements provided to partners. Free 1040ez The partnership must attach to the Schedule K-1 (Form 1065) provided to each partner for each taxable year in which a statement is required under section 5. Free 1040ez 01 of this revenue procedure, a statement meeting the requirements of this section 5. Free 1040ez 03(2). Free 1040ez The partnership should not attach these statements to the Schedules K-1 that are filed with the Service, but must retain these statements, and each partner must retain that partner’s statement, in their respective books and records. Free 1040ez A statement meets the requirements of this section 5. Free 1040ez 03(2) if the statement— (a) Label. Free 1040ez States “Section 108(i) Annual Information Statement for Partners” across the top of the statement. Free 1040ez (b) Required information. Free 1040ez Clearly identifies for each applicable debt instrument to which a § 108(i) election applies— (i) The partner’s deferred amount that has not been included in income as of the end of the prior taxable year; (ii) The partner’s deferred amount that the partner must include in income in the current taxable year under § 108(i)(1); (iii) The partner’s deferred amount that the partner must include in income in the current taxable year under § 108(i)(5)(D)(i) or (ii); (iv) The partner’s deferred amount that has not been included in income in the current or prior taxable years; (v) The partner’s share of the partnership’s OID deduction deferred under § 108(i)(2)(A)(i) in the current taxable year; (vi) The partner’s share of the partnership’s OID deduction deferred under § 108(i)(2)(A)(i) that is allowable as a deduction in the current taxable year under § 108(i)(2)(A)(ii); (vii) The partner’s share of the partnership’s OID deduction deferred under § 108(i)(2)(A)(i) that is allowable as a deduction in the current taxable year under § 108(i)(5)(D)(i) or (ii); (viii) The partner’s share of the partnership’s OID deduction deferred under § 108(i)(2)(A)(i) that has not been deducted in the current or prior taxable years; and (ix) The partner’s deferred § 752 amount that is treated as a distribution of money to the partner under § 752 in the current taxable year and any remaining deferred § 752 amount. Free 1040ez If a partner fails to provide the written statement required by section 4. Free 1040ez 07(3) of this revenue procedure, the partnership must indicate that the amounts described in this section 5. Free 1040ez 03(2)(b)(ix) cannot be calculated because the partner did not provide the information necessary to report these amounts. Free 1040ez . Free 1040ez 04 Additional Annual Reporting Requirements for an S Corporation. Free 1040ez (1) In general. Free 1040ez An S corporation that makes an election under § 108(i) (except for a protective election under section 4. Free 1040ez 11(1) of this revenue procedure) must attach to its federal income tax returns the statements required under section 5. Free 1040ez 01 of this revenue procedure. Free 1040ez In addition, for each taxable year in which a statement is required under section 5. Free 1040ez 01 of this revenue procedure, the S corporation must report on the Schedule K-1 (Form 1120S) for each shareholder § 108(i) information in the manner described in section 4. Free 1040ez 08(1) of this revenue procedure. Free 1040ez (2) Annual information statements provided to shareholders. Free 1040ez The S corporation must attach to the Schedule K-1 (Form 1120S) provided to each shareholder for each taxable year in which a statement is required under section 5. Free 1040ez 01 of this revenue procedure a statement meeting the requirements of this section 5. Free 1040ez 04(2). Free 1040ez The S corporation should not attach these statements to the Schedules K-1 that are filed with the Service, but must retain these statements, and each shareholder must retain that shareholder’s statement, in their respective books and records. Free 1040ez A statement meets the requirements of this section 5. Free 1040ez 04(2) if the statement— (a) Label. Free 1040ez States “Section 108(i) Annual Information Statement for Shareholders” across the top; (b) Required information. Free 1040ez Clearly identifies for each applicable debt instrument to which an election under § 108(i) applies, the shareholder’s share of the S corporation’s— (i) COD income deferred under § 108(i) that has not been included in income as of the end of the prior taxable year; (ii) COD income deferred under § 108(i) that the shareholder must include in income in the current taxable year under § 108(i)(1); (iii) COD income deferred under § 108(i) that the shareholder must include in income in the current taxable year under § 108(i)(5)(D)(i) or (ii); (iv) COD income deferred under § 108(i) that has not been included in income in the current or prior taxable years; (v) OID deduction deferred under § 108(i)(2)(A)(i) in the current taxable year; (vi) OID deduction deferred under § 108(i)(2)(A)(i) that is allowable as a deduction in the current taxable year under § 108(i)(2)(A)(ii); (vii) OID deduction deferred under § 108(i)(2)(A)(i) that is allowable as a deduction in the current taxable year under § 108(i)(5)(D)(i) or (ii); and (viii) OID deduction deferred under § 108(i)(2)(A)(i) that has not been deducted in the current or prior taxable years. Free 1040ez . Free 1040ez 05 Additional Annual Reporting Requirements for Certain Foreign Partnerships. Free 1040ez (1) The rules of this section 5. Free 1040ez 05 apply to nonfiling foreign partnerships. Free 1040ez (2) A nonfiling foreign partnership that makes an election under § 108(i) (except for a protective election under section 4. Free 1040ez 11(1) of this revenue procedure) must file federal income tax returns with the Service containing the information under § 1. Free 1040ez 6031(a)-1(b)(5) for each taxable year in which a statement is required by section 5. Free 1040ez 01 of this revenue procedure. Free 1040ez (3) The nonfiling foreign partnership must attach to its federal income tax returns the statements required under section 5. Free 1040ez 01 of this revenue procedure, but only for that portion of the COD income allocated to affected partners. Free 1040ez (4) For each taxable year in which a statement is required under section 5. Free 1040ez 01 of this revenue procedure, the nonfiling foreign partnership must provide each affected partner a Schedule K-1 (Form 1065) reporting § 108(i) information in the manner described in section 4. Free 1040ez 07(1) of this revenue procedure. Free 1040ez Except for this § 108(i) information, the partnership need not complete Part III of the Schedule K-1 (Form 1065). Free 1040ez The partnership must provide each affected partner with a copy of the Schedule K-1 (Form 1065) by the date provided in § 1. Free 1040ez 6031(b)-1T(b). Free 1040ez The partnership must attach the Schedules K-1 (Form 1065) to the federal income tax returns filed with the Service pursuant to section 5. Free 1040ez 05(2) of this revenue procedure. Free 1040ez (5) For each taxable year for which a statement is required under section 5. Free 1040ez 01 of this revenue procedure, the nonfiling foreign partnership must attach to each affected partner’s Schedule K-1 (Form 1065) a statement meeting the requirements of section 5. Free 1040ez 03(2) of this revenue procedure. Free 1040ez The partnership should not attach these statements to the Schedules K-1 that are filed with the Service, but must retain the statements, and each partner must retain that partner’s statement, in their respective books and records. Free 1040ez . Free 1040ez 06 Information Statements Made on Behalf of Certain Foreign Corporations. Free 1040ez Each controlling domestic shareholder must attach a statement identifying the foreign corporation and meeting the requirements of section 5. Free 1040ez 02 of this revenue procedure to the shareholder’s federal income tax return for each taxable year for which a statement is required under section 5. Free 1040ez 01 of this revenue procedure. Free 1040ez . Free 1040ez 07 Additional Annual Reporting Requirements for Tiered Pass-Through Entities. Free 1040ez (1) A partnership required to file a U. Free 1040ez S. Free 1040ez partnership return other than under § 1. Free 1040ez 6031(a)-1(b)(5), or an S corporation, that receives a Schedule K-1 (Form 1065 or Form 1065-B) described in the second sentence of section 5. Free 1040ez 03(1) of this revenue procedure reflecting its share of any § 108(i) information must report on the Schedules K-1 (Form 1065, Form 1065-B, or Form 1120S) to its partners or shareholders, as the case may be, each partner’s or shareholder’s share of those items (an S corporation only reports to its shareholders the items described in section 4. Free 1040ez 07(1)(a) through (d) of this revenue procedure). Free 1040ez (2) If a partnership described in section 5. Free 1040ez 07(1) of this revenue procedure receives a statement described in sections 5. Free 1040ez 03(2) or 5. Free 1040ez 05(5) of this revenue procedure or this section 5. Free 1040ez 07(2), it must provide each of its partners a statement containing the partner’s share of each of the items listed on each statement received by the partnership. Free 1040ez If an S corporation receives a statement described in sections 5. Free 1040ez 03(2) or 5. Free 1040ez 05(5) of this revenue procedure or this section 5. Free 1040ez 07(2), it must provide each of its shareholders a statement containing the shareholder’s share of each of the items listed on each statement received by the S corporation that are described in section 5. Free 1040ez 03(2)(b)(i) through (viii) of this revenue procedure. Free 1040ez The partnership or S corporation must attach the statement or statements to the Schedule K-1 (Form 1065 or Form 1065-B) or Schedule K-1 (Form 1120S) that is provided to each of its partners or shareholders, as the case may be, for the taxable year of the partnership or S corporation. Free 1040ez The partnership or S corporation should not attach these statements to the Schedules K-1 that are filed with the Service, but must retain these statements, and each partner and shareholder must retain that partner’s or shareholder’s statement, in their respective books and records. Free 1040ez (3) This paragraph 5. Free 1040ez 07(3) provides the rules for persons described in section 4. Free 1040ez 12(6) of this revenue procedure if the foreign partnership, for which the Category 1 or 2 filer has a filing requirement, receives a Schedule K-1 (Form 1065 or Form 1065-B) reflecting the partnership’s share of any items described in the second sentence of section 5. Free 1040ez 03(1) of this revenue procedure, or a statement described in sections 5. Free 1040ez 03(2) or 5. Free 1040ez 05(5) of this revenue procedure (because the foreign partnership owns an interest directly or indirectly in another partnership in which an election was made under § 108(i) with respect to that foreign partnership’s distributive share from the other entity). Free 1040ez (a) For each partner for whom the Category 1 filer is required to complete a Schedule K-1 (Form 8865) (which includes the Category 1 filer itself), the Category 1 filer must: (i) Include the information described in section 4. Free 1040ez 07(1) of this revenue procedure in the Schedule K-1 (Form 8865) that the Category 1 filer files with the Service and completes for the partner; (ii) Produce a statement containing the partner’s share of the items listed on each statement received by the partnership; and (iii) Attach the statement described in section 5. Free 1040ez 07(3)(a)(ii) of this revenue procedure to each Schedule K-1 (Form 8865) that it is required to provide to a partner of the foreign partnership. Free 1040ez (b) A Category 2 filer must include its share of the information described in section 4. Free 1040ez 07(1) on the Schedule K-1 (Form 8865) that it is required to complete. Free 1040ez Category 2 filers also must complete a statement containing their share of the items listed on each statement received by the partnership. Free 1040ez (c) The Category 1 and Category 2 filers should not attach the statements described in sections 5. Free 1040ez 07(3)(a)(ii) and 5. Free 1040ez 07(3)(b) of this revenue procedure, respectively, to the Schedules K-1 that are filed with the Service. Free 1040ez However, Category 1 filers must retain the statements they complete and each partner must retain its own statement, in their respective books and records. Free 1040ez (4) If as a result of § 108(i)(5)(D)(ii), a partner of a partnership described in section 5. Free 1040ez 07(1) of this revenue procedure or a shareholder of an S corporation described in section 5. Free 1040ez 07(1) of this revenue procedure must recognize items deferred under § 108(i), the partnership or S corporation must report these items on the Schedule K-1 (Form 1065, Form 1065-B, or Form 1120S) and statements provided to the partner or shareholder pursuant to section 5. Free 1040ez 07(1) and (2) of this revenue procedure. Free 1040ez Similar rules apply to Category 1 and Category 2 filers (Form 8865) described in section 4. Free 1040ez 12(6) of this revenue procedure. Free 1040ez SECTION 6. Free 1040ez EFFECTIVE DATE This revenue procedure is effective for reacquisitions of applicable debt instruments in taxable years ending after December 31, 2008. Free 1040ez SECTION 7. Free 1040ez TRANSITION RULE . Free 1040ez 01 Noncomplying Election. Free 1040ez Except as otherwise provided in this section 7. Free 1040ez 01, the Service will treat a § 108(i) election as effective if a taxpayer files an election with the taxpayer’s federal income tax return filed on or before September 16, 2009, using any reasonable procedure to make the election. Free 1040ez However, an election that does not comply with section 4 of this revenue procedure will not be effective unless the taxpayer on or before November 16, 2009, files an amended return for the taxable year of the election and complies with the requirements of section 4 of this revenue procedure. Free 1040ez . Free 1040ez 02 Modification of Election. Free 1040ez A taxpayer that files a § 108(i) election on or before September 16, 2009, may modify that election by filing an amended return on or before November 16, 2009 (for example, to modify the amount of COD income the taxpayer elects to defer). Free 1040ez To be effective, a modification of an election described in the preceding sentence must satisfy the requirements for an election described in section 4 of this revenue procedure. Free 1040ez . Free 1040ez 03 Notations. Free 1040ez A taxpayer that files the amended return on paper must write “Section 108(i) Election” on the top of the first page. Free 1040ez A taxpayer that files the amended return electronically should indicate “Section 108(i) Election” on the return. Free 1040ez See Publication 4163, Modernized e-File (MeF) Information for Authorized IRS e-file Providers for Business Returns Tax Year 2008 for more details. Free 1040ez SECTION 8. Free 1040ez PAPERWORK REDUCTION ACT The collection of information contained in this revenue procedure has been reviewed and approved by the Office of Management and Budget in accordance with the Paperwork Reduction Act (44 U. Free 1040ez S. Free 1040ez C. Free 1040ez 3507) under control number 1545-2147. Free 1040ez An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Free 1040ez The collection of information in this revenue procedure is in sections 4, 5 and 7. Free 1040ez This information is required to determine the amount of income and deductions a taxpayer elects to defer and to track those amounts until the taxpayer has reported all deferred income and deductions on the taxpayer’s tax return. Free 1040ez This information will be used during examination to verify that a taxpayer has correctly deferred income and deductions. Free 1040ez The collection of information is required to obtain a benefit. Free 1040ez The likely respondents are C corporations, shareholders of S corporations, partners of partnerships, and other individuals engaged in a trade or business, that reacquire applicable debt instruments in 2009 or 2010. Free 1040ez The estimated total annual reporting burden is 300,000 hours. Free 1040ez The estimated annual burden per respondent varies from 1 to 8 hours, depending on individual circumstances, with an estimated average of 6 hours. Free 1040ez The estimated number of respondents is 50,000. Free 1040ez Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Free 1040ez Generally, tax returns and return information are confidential, as required by § 6103. Free 1040ez DRAFTING INFORMATION The principal authors of this revenue procedure are Megan A. Free 1040ez Stoner of the Office of Associate Chief Counsel (Passthroughs & Special Industries) and Craig Wojay of the Office of Associate Chief Counsel (Income Tax & Accounting). Free 1040ez For further information regarding this revenue procedure, contact Megan A. Free 1040ez Stoner at (202) 622-3070 for questions involving partnerships and S corporations, William E. Free 1040ez Blanchard at (202) 622-3950 for questions involving OID, Ronald M. Free 1040ez Gootzeit at (202) 622-3860 for questions involving foreign entities, Robert Rhyne at (202) 622-7790 for questions involving earnings and profits and consolidated groups, and Craig Wojay at (202) 622-4920 for questions on § 108(i) generally (not toll-free calls). Free 1040ez Prev  Up  Next   Home   More Internal Revenue Bulletins
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The Free 1040ez

Free 1040ez Publication 535 - Introductory Material Table of Contents IntroductionOrdering forms and publications. Free 1040ez Tax questions. Free 1040ez Future Developments What's New for 2013 What's New for 2014 Reminders Introduction This publication discusses common business expenses and explains what is and is not deductible. Free 1040ez The general rules for deducting business expenses are discussed in the opening chapter. Free 1040ez The chapters that follow cover specific expenses and list other publications and forms you may need. Free 1040ez Comments and suggestions. Free 1040ez   We welcome your comments about this publication and your suggestions for future editions. Free 1040ez   You can send your comments to: Internal Revenue Service Tax Forms and Publications SE:W:CAR:MP:TFP 1111 Constitution Ave. Free 1040ez NW, IR-6526 Washington, DC 20224   We respond to many letters by telephone. Free 1040ez Therefore, it would be helpful if you would include your daytime phone number, including the area code, in your correspondence. Free 1040ez   You can send us comments from www. Free 1040ez irs. Free 1040ez gov/formspubs/. Free 1040ez Click on “More Information” and then on “Give us feedback. Free 1040ez ”   Although we cannot respond individually to each comment received, we do appreciate your feedback and will consider your comments as we revise our tax publications. Free 1040ez Ordering forms and publications. Free 1040ez   Visit www. Free 1040ez irs. Free 1040ez gov/formspubs/ to download forms and publications, call 1-800-829-3676, or write to the address below and receive a response within 10 days after your request is received. Free 1040ez Internal Revenue Service 1201 N. Free 1040ez Mitsubishi Motorway Bloomington, IL 61705-6613 We cannot answer tax questions sent to either the “Comments and suggestions” or “Ordering forms and publications” address. Free 1040ez Tax questions. Free 1040ez   If you have a tax-related question, please go to Help With Tax Questions on IRS. Free 1040ez gov. Free 1040ez If you've looked around our site and still didn't find the answer to your general tax question, please call our toll-free tax assistance line at 1-800-829-1040 for individual tax questions or 1-800-829-4933 for business tax questions. Free 1040ez Future Developments For the latest information about developments related to Publication 535, such as legislation enacted after it was published, go to www. Free 1040ez irs. Free 1040ez gov/pub535. Free 1040ez What's New for 2013 The following items highlight some changes in the tax law for 2013. Free 1040ez Optional safe harbor method to determine the business use of a home deduction. Free 1040ez  Beginning in 2013, you can use the optional safe harbor method to determine the deduction for the business use of your home. Free 1040ez For more information, see chapter 1. Free 1040ez Standard mileage rate. Free 1040ez  Beginning in 2013, the standard mileage rate for the cost of operating your car, van, pickup, or panel truck for each mile of business use is 56. Free 1040ez 5 cents per mile. Free 1040ez For more information, see chapter 11. Free 1040ez Additional Medicare Tax. Free 1040ez  Beginning in 2013, a 0. Free 1040ez 9% Additional Medicare Tax applies to Medicare wages, railroad retirement (RRTA) compensation, and self-employment income that are more than: $125,000 if married filing separately, $250,000 if married filing jointly, or $200,000 if single, head of household, or qualifying widow(er) with dependent child. Free 1040ez Medicare wages and self-employment income are combined to determine if your income exceeds the threshold. Free 1040ez RRTA compensation should be separately compared to the threshold. Free 1040ez For more information, see chapter 5 or visit www. Free 1040ez irs. Free 1040ez gov and enter the following words in the search box: Additional Medicare Tax. Free 1040ez Retiree drug subsidy. Free 1040ez  Beginning in 2013, sponsors of certain qualified retiree prescription drug plans must account for the subsidy received by reducing the amount of qualified retiree prescription drug plans expense by the subsidy received (taking into account the taxpayer's accounting method). Free 1040ez For more information, visit www. Free 1040ez irs. Free 1040ez gov and enter the following words in the search box: Retiree drug subsidy. Free 1040ez What's New for 2014 The following item highlights a change in the tax law for 2014. Free 1040ez Standard mileage rate. Free 1040ez  Beginning in 2014, the standard mileage rate for the cost of operating your car, van, pickup, or panel truck for each mile of business use is 56 cents per mile. Free 1040ez Film and television productions costs. Free 1040ez  The election to expense film and television production costs does not apply to productions that begin in 2014. Free 1040ez For more information, see chapter 7. Free 1040ez Reminders The following reminders and other items may help you file your tax return. Free 1040ez IRS e-file (Electronic Filing) You can file your tax returns electronically using an IRS e-file option. Free 1040ez The benefits of IRS e-file include faster refunds, increased accuracy, and acknowledgment of IRS receipt of your return. Free 1040ez You can use one of the following IRS e-file options. Free 1040ez Use an authorized IRS e-file provider. Free 1040ez Use a personal computer. Free 1040ez Visit a Volunteer Income Tax Assistance (VITA) or Tax Counseling for the Elderly (TCE) site. Free 1040ez For details on these fast filing methods, see your income tax package. Free 1040ez Form 1099 MISC. Free 1040ez  File Form 1099-MISC, Miscellaneous Income, for each person to whom you have paid during the year in the course of your trade or business at least $600 in rents, services (including parts and materials), prizes and awards, other income payments, medical and health care payments, and crop insurance proceeds. Free 1040ez See the Instructions for Form 1099-MISC for more information and additional reporting requirements. Free 1040ez Photographs of missing children. Free 1040ez  The Internal Revenue Service is a proud partner with the National Center for Missing & Exploited Children. Free 1040ez Photographs of missing children selected by the Center may appear in this publication on pages that would otherwise be blank. Free 1040ez You can help bring these children home by looking at the photographs and calling 1-800-THE-LOST (1-800-843-5678) (24-hours a day, 7 days a week) if you recognize a child. Free 1040ez Prev  Up  Next   Home   More Online Publications