Userid: CPM Schema: Leadpct: 100% Pt. size: 9.5 Draft Ok to Print instrx AH XSL/XML Fileid: … ns/I8697/201811/A/XML/Cycle04/source (Init. & Date) _______ Page 1 of 7 9:30 - 22-Oct-2018 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Department of the Treasury Internal Revenue Service Instructions for Form 8697 (Rev. November 2018) Interest Computation Under the Look-Back Method for Completed Long-Term Contracts Section references are to the Internal Revenue subsequent to the year of completion, in computing look-back interest depends Code unless otherwise noted. which the contract price or contract on whether the ownership change is costs are adjusted for one or more of due to a constructive completion General Instructions these long-term contracts from a prior transaction or a step-in-the shoes year. transaction. For guidance regarding these transactions, see Regulations Future Developments Pass-Through Entities section 1.460-4(g). In the case of For the latest information about developments related to Form 8697 and A pass-through entity (partnership, S constructive completion transactions, its instructions, such as legislation corporation, or trust) that is not closely the old taxpayer treats the contract as enacted after they were published, go to held must apply the look-back method completed in the transaction year and IRS.gov/Form8697. at the entity level to any contract for applies the look-back method to the which at least 95% of the gross income pre-transaction years. The new is from U.S. sources. A pass-through taxpayer is treated as entering into a What's New entity is considered closely held if, at new contract and applies the look-back • The tax rate used for the interest any time during any tax year for which method to the post-transaction years computation for individuals, there is income under the contract, 50% upon the contract's completion. In the corporations, and certain pass-through or more (by value) of the beneficial case of step-in-the-shoes transactions, entities has changed. See the interests in the entity is held (directly or the new taxpayer applies the look-back instructions for Part II, line 2, later. indirectly) by or for five or fewer method to both the pre- and post- • The 2-year carryback rule will persons. For this purpose, rules similar transaction years. See Regulations generally not apply to net operating to the constructive ownership rules of section 1.460-6(g) for additional losses (NOLs) arising in tax years section 1563(e) apply. For a guidance. ending after 2017. Exceptions apply to mid-contract change in taxpayer NOLs for farmers and non-life insurance resulting in the conversion of a C Exception for Certain companies. See section 172(b) as corporation into an S corporation, the Construction Contracts amended by P.L. 115-97, section look-back method is applied at the entity The look-back method does not apply to 13302. level with respect to contracts entered the regular taxable income from: • For tax years beginning after 2017, into prior to the conversion regardless of • Any home construction contract (as the alternative minimum tax for whether the S corporation is considered defined in section 460(e)(5)(A)) or corporations has been repealed. closely held. See the section discussing • Any other construction contract Mid-Contract Change in Taxpayer. entered into by a taxpayer: (a) who Purpose of Form If you are an owner of an interest in a estimates the contract will be completed Use Form 8697 to figure the interest due pass-through entity in which a long-term within 2 years from the date the contract or to be refunded under the look-back contract was being accounted for under begins and (b) whose average annual method of section 460(b)(2) on certain the percentage of completion method or gross receipts for the 3 tax years long-term contracts that are accounted the percentage of completion preceding the tax year in which the for under either the percentage of capitalized cost method and the contract is entered into do not exceed completion method or the percentage of pass-through entity is not subject to the $10 million. The annual gross receipts is completion-capitalized cost method. For look-back method at the entity level, you increased to $25 million (adjusted for guidance concerning these methods, must file this form for your tax year that inflation) for contracts entered into after see Regulations section 1.460-4. For ends with or includes the end of the 2017. See section 460(e). details and computational examples entity's tax year in which the contract However, the look-back method does illustrating the use of the look-back was completed or adjusted in a apply to the alternative minimum taxable method, see Regulations section post-completion tax year. The income from any such contract that is 1.460-6. pass-through entity will provide on not a home construction contract and, Schedule K-1 the information you need therefore, must be accounted for using Who Must File to complete this form. the percentage of completion method General Rule Mid-Contract Change in for alternative minimum tax purposes. You must file Form 8697 for each tax Taxpayer See section 56(a)(3) for details. year in which you completed a If prior to the completion of a long-term Small Contract Exception long-term contract entered into after contract accounted for using the The look-back method does not apply to February 28, 1986, that you accounted percentage of completion method or the any contract completed within 2 years of for using either the percentage of percentage of completion capitalized the contract start date if the gross price completion method or the percentage of cost method, there is a transaction that of the contract (as of contract completion-capitalized cost method for makes another taxpayer responsible for completion) does not exceed the federal income tax purposes. You also accounting for income from the same smaller of: must file Form 8697 for any tax year, contract, the taxpayer responsible for Oct 22, 2018 Cat. No. 10703K |
Page 2 of 7 Fileid: … ns/I8697/201811/A/XML/Cycle04/source 9:30 - 22-Oct-2018 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • $1 million or Filing Instructions • All others: • 1% of the taxpayer's average annual gross receipts for the 3 tax years before If You Owe Interest (or No Department of Treasury the tax year of contract completion. Interest Is To Be Refunded to Internal Revenue Service Cincinnati, OH 45999-0001 See section 460(b)(3)(B) for details. You) Attach Form 8697 to your income tax Complete the signature section of De Minimis Exception return. The signature section of Form Form 8697 following the instructions for You may elect not to apply the 8697 does not have to be completed by the signature section of your income tax look-back method in certain de minimis you or the paid preparer. return. If you file a joint return, the cases for completed contracts. The signature of both spouses is required on look-back method does not apply in the For individuals, include any interest Form 8697. If additional Forms 8697 are following cases if the election is made. due in the amount to be entered for total needed to show more than 2 tax (after credits and other taxes) on redetermination years, sign only the first 1. In the completion year if, for each your return (for example, 2018 Form Form 8697. prior contract year, the cumulative 1040, line 15). Write on the dotted line File Form 8697 by the date you are taxable income (or loss) actually to the left of the entry space “From Form required to file your income tax return reported under the contract is within 8697” and the amount of interest due. (including extensions). Keep a copy of 10% of the cumulative look-back income (or loss). Cumulative look-back For partnerships (that are not closely Form 8697 and any attached schedules income (or loss) is the amount of held), write “From Form 8697” and for your records. taxable income (or loss) that you would include any interest due in the bottom have reported if you had used actual margin of the tax return. Attach a check Filing a Corrected Form contract price and costs instead of or money order for the full amount made 8697 estimated contract price and costs. payable to “United States Treasury.” You must file a corrected Form 8697 2. In a post-completion year if, as of Write the partnership's employer only if the amount shown on Part I, the close of the post-completion year, identification number (EIN), daytime line 6, or Part II, line 7, for any prior year the cumulative taxable income (or loss) phone number, and “Form 8697 changes as a result of an error you under the contract is within 10% of the Interest” on the check or money order. made, an income tax examination, or cumulative look-back income (or loss) For S corporations that are not the filing of an amended tax return. under the contract as of the close of the closely held, include any interest due in When completing Part I, line 1, of the most recent year in which the look-back the amount to be entered for additional corrected Form 8697, follow the method was applied to the contract (or taxes (for example, 2018 Form 1120S, instructions on the form but do not enter would have been applied if the election line 22c). Write on the dotted line to the the adjusted taxable income from Part I, had not been made). left of the entry space “From Form 8697” line 3, of the original Form 8697. When For purposes of item 2, discounting and the amount of interest due. A completing Part I, line 5 (or Part II, under section 460(b)(2) does not apply. closely held S corporation would also line 6), of the corrected Form 8697, do follow these procedures following a not include the interest due, if any, from To make the election, attach a conversion from a C corporation for the Part I, line 10 (or Part II, line 11), of the statement to your timely filed income tax contracts entered into prior to the original Form 8697 that was included in return (determined with extensions) for conversion. See the rules related to your total tax when Form 8697 was filed the first tax year of the election. Write at Mid-Contract Change in Taxpayer, with your tax return. the top of the statement earlier. • If both the original and corrected “NOTIFICATION OF ELECTION Forms 8697 show an amount on the line UNDER SECTION 460(b)(6).” Include For closely held pass-through for interest you owe, file an amended on the statement your name, identifying entities, look-back interest is applied at income tax return. number, and the effective date of the the owner level and not the entity level. If both the original and corrected • election. Also identify the trades or For corporations, include the amount Forms 8697 show an amount on the line businesses that involve long-term of interest due on the appropriate line of for interest to be refunded to you, write contracts. Once made, the election Form 1120, Schedule J, Part I (for “Amended” in the top margin of the applies to all contracts completed example, 2018 Form 1120, Schedule J, corrected Form 8697, and file it during the election year and all later tax line 9c). separately. years, and may not be revoked without • If your original Form 8697 shows an IRS consent. See Regulations section Look-back interest owed is not amount on the line for interest you owe 1.460-6(j) for more details. If you timely subject to the estimated tax penalty. and the corrected Form 8697 shows an filed your return without making the See Regulations section 1.460-6(f)(2). amount on the line for interest to be election, you may make the election on If Interest Is To Be Refunded to refunded to you, you must: an amended return filed no later than 6 1. File an amended income tax months after the due date of your tax You return (excluding extensions). Write Do not attach Form 8697 to your income return showing $0 interest from Form “Filed pursuant to section 301.9100” at tax return. Instead, file Form 8697 8697 and the top of the amended return. separately with the IRS at the applicable 2. File the corrected Form 8697 address listed below. separately (but do not write “Amended” • Individuals: at the top of the form because this is the first Form 8697 that you will file Department of Treasury separately). Internal Revenue Service • If the original Form 8697 shows an Philadelphia, PA 19255-0001 amount on the line for interest to be -2- |
Page 3 of 7 Fileid: … ns/I8697/201811/A/XML/Cycle04/source 9:30 - 22-Oct-2018 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. refunded to you and the corrected Form including tax years before the change 10% of the total contract price at that 8697 shows an amount on the line for order was agreed to. time, interest you owe, you must: 2. The net undiscounted value of Post-Completion Adjustments 1. File the corrected Form 8697 increases or decreases in contract costs separately (with “Amended” written at occurring from the time of the last the top) showing $0 interest to be General Rule application of the look-back method refunded and If the contract price or costs are revised exceeds the smaller of $1 million or 2. File an amended income tax to reflect amounts properly taken into 10% of the total actual contract costs at return and attach a copy of the account after the contract completion that time, corrected Form 8697. date for any reason, you must apply the 3. The taxpayer goes out of look-back method in the year such existence, Attachments amounts are properly taken into account, even if no other contract is 4. The taxpayer reasonably believes If you need more space, attach separate the contract is finally settled and closed, completed in that year. Generally, the sheets to the back of Form 8697. Put or amount of each such post-completion your name and identifying number on 5. None of the above conditions adjustment to total contract price or each sheet. (1–4) are met by the end of the 5th tax contract costs is discounted, solely for look-back purposes, from its value at year that begins after the last previous Applying the Look-Back the time the amount is taken into application of the look-back method. Method Under Special account in computing taxable income to Situations its value at the time the contract was To elect the delayed reapplication completed. The discount rate for this method, attach a statement to your 10% Method purpose is the federal midterm rate timely filed income tax return For purposes of the percentage of under section 1274(d) in effect at the (determined with extensions) for the first completion method, a taxpayer may time the amount is properly taken into tax year of the election. Indicate on the elect to postpone recognition of income account. statement that you are making an and expense under a long-term contract election under Regulations section entered into after July 10, 1989, until the However, you may elect not to 1.460-6(e) to use the delayed first tax year as of the end of which at discount post-completion adjustments reapplication method. Once made, the least 10% of the estimated total contract for any contract. The election not to election is binding for all long-term costs have been incurred. For purposes discount is made on a contracts for which you would reapply of the look-back method, the recognition contract-by-contract basis and is the look-back method in the absence of of income and expense must be binding with respect to all the election in the year of the election postponed for such contracts until the post-completion adjustments that arise and all later years, unless the IRS first tax year as of the end of which at with respect to that contract. To make consents to a revocation of the election. least 10% of the actual total contract this election, attach a statement to your See Regulations section 1.460-6(e) for costs have been incurred. Therefore, timely filed income tax return more details. income and expense will be allocated to (determined with extensions) for the first a different tax year if the first tax year tax year after completion in which you that the 10% threshold is exceeded take into account any adjustment to the Specific Instructions based on actual costs differs from the contract price or contract costs. Indicate All filers must complete the information first tax year that the 10% threshold is on the statement that you are making an at the top of the form above Part I exceeded based on estimated costs. election not to discount post-completion according to the following instructions. The election to use the 10% method adjustments under Regulations section Then, complete either Part I or Part II as applies to all long-term contracts 1.460-6(c)(1)(ii)(C)(2) and identify the appropriate. Also sign the form at the entered into during the tax year for contracts to which the election applies. bottom of page 2 if interest is to be which the election is made and all later refunded to you. A signature is not years. See section 460(b)(5) for more Delayed Reapplication Method required if you are filing the form with details. For purposes of reapplying the your tax return. Change Orders look-back method after the year of contract completion, you may elect the Filing Year A change order for a contract is not Fill in the filing year line at the top of the delayed reapplication method to treated as a separate contract for form to show the tax year in which the minimize the number of required purposes of applying the look-back contracts for which this form is being reapplications of the look-back method. method unless the change order would filed were completed or adjusted in a Under this method, the look-back be treated as a separate contract under post-completion year. If you were an method is reapplied after the contract the rules for severing and aggregating owner of an interest in a pass-through completion year (or after a later contracts provided in Regulations entity that has completed or adjusted reapplication of the look-back method) section 1.460-1(e). Therefore, if a one or more contracts, enter your tax only when one of the following change order is not treated as a year that ends with or includes the end conditions is met for that contract: separate contract, that portion of the of the entity's tax year in which the actual contract price and contract costs 1. The net undiscounted value of attributable to the change order must be increases or decreases in the contract contracts were completed or adjusted. taken into account in allocating contract price occurring from the time of the last income to all tax years of the contract, application of the look-back method Name exceeds the smaller of $1 million or Enter the name shown on your federal income tax return for the filing year. If -3- |
Page 4 of 7 Fileid: … ns/I8697/201811/A/XML/Cycle04/source 9:30 - 22-Oct-2018 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. you are an individual filing a joint return, Line 2 Line 3 also enter your spouse's name as In each column, show a net increase to If line 3 results in a negative amount, it shown on Form 1040. income as a positive amount and a net represents a look-back net operating decrease to income as a negative loss (NOL). The adjustment in line 2 Address amount. either created, increased, or decreased Enter your address only if you are filing the net operating loss. The change in this form separately. Include the In figuring the net adjustment to be the amount of the net operating loss apartment, suite, room, or other unit entered in each column on line 2, be would be carried back or forward to the number after the street address. If the sure to take into account any other appropriate tax year and the Post Office does not deliver mail to the income and expense adjustments that hypothetical tax would be recomputed street address and you have a P.O. box, may result from the increase (or in the carryback/forward year. See show the box number instead. decrease) to income from long-term Regulations section 1.460-6(c)(3)(v). contracts (for example, a change to However, the computation period for Item A—Identifying adjusted gross income affecting medical computing interest on NOLs is different. Number expenses under section 213). If there See the exceptions listed on lines 7 and are no adjustments besides the 8 below. If you are an individual, enter your social look-back adjustments, the sum of all security number. Other filers must use line 2 amounts should be zero and Note. The 2-year carryback rule does their EIN. reflected in column 2(c). If there are not apply to net operating losses arising additional adjustments that result from in tax years ending after 2017. An Part I—Regular Method the application of the look-back, leave exception applies to farmers and Use Part I only if you are not electing, do column 2(c) blank and reflect the non-life insurance companies. See not have an election in effect, or are not amounts in the schedule below as section 172(b) as amended by P.L. required to use the simplified marginal described in item 3. 115-97, section 13302. impact method as described in the instructions for Part II, later. Include the following on an attached Lines 4 and 5 schedule. Reduce the tax liability to be entered on Filing year column lines 4 and 5 by allowable credits (other 1. Identify each completed Enter the filing year listed at the top of than refundable credits, for example, long-term contract by contract number, this form. the credit for taxes withheld on wages, job name, or any other reasonable Columns (a) and (b) method used in your records to identify the earned income credit, the credit for Enter at the top of each column the each contract. federal tax on fuels, etc.), but do not take into account any credit carrybacks ending month and year for: 2. For each contract, report in to the prior year in computing the • Each prior tax year in which you were columns for each prior year: (a) the amount to enter on lines 4 and 5 (other required to report income from the amount of income previously reported than carrybacks that resulted from or completed long-term contract(s) and based on estimated contract price and were adjusted by the redetermination of • Any other tax year affected by such costs and (b) the amount of income your income from a long-term contract years. allocable to each prior year based on for look-back purposes). Include on actual contract price and costs. Total lines 4 and 5 any taxes (such as Note. If there were more than 2 prior the columns for each prior year and alternative minimum tax for individuals) years, attach additional Forms 8697 as show the net adjustment to income from required to be taken into account in the needed. On the additional Forms 8697, long-term contracts. computation of your tax liability (as enter your name, identifying number, 3. Identify any other adjustments originally reported or as redetermined). and tax year. Complete lines 1 through that result from a change in income from 8 (as applicable), but do not enter totals long-term contracts and show the Lines 7 and 8 in column (c). Enter totals only in amounts in the columns for the affected For the increase or decrease in tax for column (c) of the first Form 8697. years so that the net adjustment shown each prior year, interest due or to be Line 1 in each column on the attached refunded must be computed at the schedule agrees with the amounts applicable interest rate and Do not reduce taxable income or shown on line 2. compounded on a daily basis, generally increase a loss on line 1 by any from the due date (not including carryback of a net operating loss, capital An owner of an interest in a extensions) of the return for the prior loss, or net section 1256 contracts loss, pass-through entity is not required to year until the earlier of: except to the extent that carrybacks provide the detail listed in 1 and 2 above The due date (not including must be taken into account to properly with respect to prior years. The entity • extensions) of the return for the filing compute interest under section 460. should provide the line 2 amounts with year or Schedule K-1 or on a separate Note. The 2-year carryback rule does statement for its tax year in which the • The date the return for the filing year is filed and any income tax due for that not apply to net operating losses arising contracts are completed or adjusted. year has been fully paid. in tax years ending after 2017. An exception applies to farmers and Note. Taxpayers reporting line 2 Exceptions: non-life insurance companies. See amounts from more than one • The time period for determining section 172(b) as amended by P.L. Schedule K-1 (or a similar statement) interest may be different in cases 115-97, section 13302. must attach a schedule detailing by involving loss or credit carrybacks or entity the net change to income from carryovers in order to properly reflect long-term contracts. the time period during which the -4- |
Page 5 of 7 Fileid: … ns/I8697/201811/A/XML/Cycle04/source 9:30 - 22-Oct-2018 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. taxpayer or IRS had use of the same for the accrual period which is use the simplified marginal impact hypothetical underpayment or generally one year. The applicable method. Under the simplified method, overpayment. See Regulations section interest rates for non-corporate prior year hypothetical underpayments 1.460-6(c)(4)(ii) and (iii) for additional taxpayers are shown in Table 1 (for or overpayments in tax are figured using information. interest accrual periods beginning after an assumed marginal tax rate, which is • If a net operating loss, capital loss, Jan. 1, 2008). generally the highest statutory rate in net section 1256 contracts loss, or effect for the prior year under section 1 credit carryback is being increased or The applicable interest rates for (for an individual) or section 11 (for a decreased as a result of the adjustment corporate taxpayers for the first $10,000 corporation). This method eliminates the made to net income from long-term are shown in Table 2. The applicable need to refigure your tax liability based contracts, the interest due or to be interest rates for corporate taxpayers for on actual contract price and actual refunded must be computed on the amounts in excess of $10,000 are contract costs each time the look-back increase or decrease in tax attributable shown in Table 3. method is applied. to the change to the carryback only from the due date (not including extensions) Following the conversion of a C To elect the simplified marginal of the return for the prior year that corporation into an S corporation, the impact method, attach a statement to generated the carryback and not from look-back method is applied at the entity your timely filed income tax return the due date of the return for the year in level (1120S) with respect to contracts (determined with extensions) for the first which the carryback was absorbed. See entered into prior to the conversion. See tax year of the election. Indicate on the section 6611(f). Regulations section 1.460-6(g)(3)(iv). statement that you are making an • In the case of a decrease in tax on For the C corporation years, the election under Regulations section line 6, if a refund has been allowed for taxpayer would apply the rates reflected 1.460-6(d) to use the simplified marginal any part of the income tax liability shown in Table 2 for the first $10,000 and apply impact method. Once made, the on line 5 for any year as a result of a net the rates in Table 3 for the amounts in election applies to all applications of the operating loss, capital loss, net section excess of $10,000. look-back method in the year of the 1256 contracts loss, or credit carryback election and all later years, unless the to such year, and the amount of the Line 9 IRS consents to a revocation of the refund exceeds the amount on line 4, See If Interest Is To Be Refunded to election. interest is allowed on the amount of You, earlier, for where to file Form 8697. Columns (a), (b), and (c) such excess only until the due date (not Additional interest to be refunded for including extensions) of the return for periods after the filing date of Form Enter at the top of each column the the year in which the carryback arose. 8697, if any, will be computed by the ending month and year for each prior IRS and included in your refund. Report tax year in which you were required to Note. If a different method of interest the amount on line 9 (or the amount report income from the completed computation must be used to produce refunded by the IRS if different) as long-term contract. the correct result in your case, use that interest income on your income tax Note. If there were more than 3 prior method and attach an explanation of return for the tax year in which it is tax years, attach additional Forms 8697 how the interest was computed. received or accrued. as needed. On the additional Forms 8697, enter your name, identifying Applicable Interest Rates Line 10 number, and tax year. Complete lines 1 The overpayment rate designated under See If You Owe Interest under Filing through 9 (as applicable), but do not section 6621 is used to calculate the Instructions, earlier, for how to report enter totals in column (d). Enter totals interest for both hypothetical this amount on your tax return. only in column (d) of the first Form 8697. overpayments and underpayments. The Corporations (other than S applicable interest rates are published corporations) may deduct this amount Line 1 quarterly in revenue rulings in the (or the amount computed by the IRS if In each column, show a net increase to Internal Revenue Bulletin available at different) as interest expense for the tax income as a positive amount and a net IRS.gov. year in which it is paid or incurred. For decrease to income as a negative individuals and other taxpayers, this amount. However, for contracts completed in interest is not deductible. On an attached schedule: tax years ending after August 5, 1997, • Identify each completed long-term an interest rate is determined for each Estimated Tax Penalty contract by contract number, job name, interest accrual period. The interest Look-back interest owed is not subject or any other reasonable method used in accrual period starts on the day after the to the estimated tax penalty. See your records to identify each contract; return due date (not including Regulations section 1.460–6(f)(2)(i). and extensions) for each prior tax year and See the instructions for the 2018 Form • For each contract, report in columns ends on the return due date for the 2210, line 2, for individuals and 2018 for each prior year: (a) the amount of following tax year. The interest rate in Form 2220, line 2(b), for corporations. income previously reported based on effect for the entire interest accrual estimated contract price and costs and period is the overpayment rate (b) the amount of income allocable to Part II—Simplified determined under section 6621(a)(1) each prior year based on actual contract applicable on the first day of the interest Marginal Impact Method price and costs. Total the columns for accrual period. Part II is used only by pass-through each prior year and show the net entities required to apply the look-back adjustment to income from long-term Even though the interest rates method at the entity level (see Who contracts. change quarterly, for look-back Must File, earlier) and taxpayers purposes the interest rate stays the electing (or with an election in effect) to -5- |
Page 6 of 7 Fileid: … ns/I8697/201811/A/XML/Cycle04/source 9:30 - 22-Oct-2018 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. An owner of an interest in a Line 5 pass-through entity is not required to Number of days in tax year before 7/1/87 12% If both lines 2 and 4 are negative, enter provide the detailed schedule listed Number of days in tax year whichever amount is greater. Treat both above for prior years. The entity should numbers as positive when making this provide the line 1 amounts with comparison, but enter the amount as a Schedule K-1 or on a separate c. Tax years beginning after statement for its tax year in which the June 30, 1987, and ending negative number. (If the amount on one contracts are completed or adjusted. before 1993 34% line is negative, but the amount on the d. For tax years beginning other line is positive, enter the positive Note. Taxpayers reporting line 1 before 1993 that include amount.) amounts from more than one January 1, 1993, the rate is Lines 8 and 9 Schedule K-1 (or a similar statement) 34% plus the following: For the increase (or decrease) in tax for must attach a schedule detailing by each prior year, interest due or to be entity the net change to income from refunded must be computed at the long-term contracts. Number of days in tax year after 12/31/92 1% applicable interest rate and Line 2 Number of days in tax year compounded on a daily basis from the Multiply the amount on line 1 by the due date (not including extensions) of applicable regular tax rate for each prior e. Tax years beginning after the return for the prior year until the earlier of: year shown in column (a), (b), or (c). 1992, and ending before The applicable regular tax rate is as 2018 35% • The due date (not including extensions) of the return for the filing follows: f. Tax years beginning after year or 1. Individuals and pass-through entities 2017 21% The date the return for the filing year • in which, at all times during the year, is filed and any income tax due for that more than 50% of the interests in the year has been fully paid. entity are held by individuals directly or Line 3 See Applicable Interest Rates in the through other pass-through entities: See the instructions for Part II, line 1, instructions for Part I, lines 7 and 8, earlier, and complete line 3 in the same earlier. a. Tax years beginning manner, using only income and before 1987 50% deductions allowed for alternative Line 10 b. Tax years beginning in minimum tax (AMT) purposes. See the instructions for Part I, line 9, 1987 38.5% earlier. c. Tax years beginning in Note. For tax years beginning after 1988, 1989, or 1990 28% 2017, the alternative minimum tax for Line 11 d. Tax years beginning in corporations has been repealed. See the instructions for Part I, line 10, earlier. 1991 or 1992 31% Line 4 e. Tax years beginning in Multiply the amount on line 3 by the 1993 through 2000 39.6% Table 1 applicable AMT rate, which is as f. Tax years beginning in Interest Rates for Non-corporate follows: Taxpayers 2001 39.1% g. Tax years beginning in 1. Individuals and pass-through entities From Through Rate Table Page 2002 38.6% in which, at all times during the year, 1/1/08 3/31/08 7% 67 621 h. Tax years beginning in more than 50% of the interests in the 4/1/08 6/30/08 6% 65 619 2003 through 2012 35% entity are held by individuals directly or 7/1/08 9/30/08 5% 63 617 i. Tax years beginning in through other pass-through entities: 10/1/08 12/31/08 6% 65 619 1/1/09 3/31/09 5% 15 569 2013 through 2017 39.6% 4/1/09 12/31/10 4% 13 567 j. Tax years beginning in a. Tax years beginning in 1/1/11 3/31/11 3% 11 565 2018 or later 37% 1987 through 1990 21% 4/1/11 9/30/11 4% 13 567 10/1/11 12/31/11 3% 11 565 b. Tax years beginning in 1/1/12 12/31/12 3% 59 613 1991 or 1992 24% 1/1/13 12/31/15 3% 11 565 2. Corporations (other than S c. Tax years beginning in 1/1/16 3/31/16 3% 59 613 corporations) and pass-through entities 1993 or later 28% 4/1/16 12/31/16 4% 61 615 1/1/17 3/31/18 4% 13 567 not included in 1 above: 4/1/18 9/30/18 5% 15 569 2. Corporations (other than S a. Tax years ending before July corporations) and pass-through entities 1, 1987 46% not included in 1 above: b. For tax years beginning before July 1, 1987, that include a. Tax years ending before July 1, 1987, the rate is 34% 2018 20% plus the following: b. Tax years beginning after 2017 0% -6- |
Page 7 of 7 Fileid: … ns/I8697/201811/A/XML/Cycle04/source 9:30 - 22-Oct-2018 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Table 2 • 4/16/2017 – 4/15/2018: 3% for the 1st because of tax treaties they have with Interest Rates for Corporate $10,000 (1.5% for any amount the United States. We also may disclose Increases or Decreases in Tax exceeding $10,000). this information to federal and state of $10,000 or Less The interest rate and accrual period agencies to enforce federal nontax From Through Rate Table Page for the 2016 redetermination year would criminal laws and to combat terrorism. 1/1/08 3/31/08 6% 65 619 be: The time needed to complete and file 4/1/08 6/30/08 5% 63 617 • 4/16/2017 – 4/15/2018: 3% for the 1st this form will vary depending on 7/1/08 9/30/08 4% 61 615 $10,000 (1.5% for any amount individual circumstances. The estimated 10/1/08 12/31/08 5% 63 617 exceeding $10,000). burden for individual taxpayers filing this 1/1/09 3/31/09 4% 13 567 4/1/09 12/31/10 3% 11 565 form is approved under OMB control 1/1/11 3/31/11 2% 9 563 Privacy Act and Paperwork Reduc- number 1545-0074 and is included in 4/1/11 9/30/11 3% 11 565 tion Act Notice. We ask for the the estimates shown in the instructions 10/1/11 12/31/11 2% 9 563 information on this form to carry out the for their individual income tax return. 1/1/12 12/31/12 2% 57 611 Internal Revenue laws of the United The estimated burden for all other 1/1/13 12/31/15 2% 9 563 States. We need this information to taxpayers who file this form is shown 1/1/16 3/31/16 2% 57 611 ensure that you are complying with below. 4/1/16 12/31/16 3% 59 613 1/1/17 3/31/18 3% 11 565 these laws and to figure and collect or 4/1/18 9/30/18 4% 13 567 refund the correct amount of interest. Recordkeeping Section 460 provides special rules Part I 8 hr., 36 min. Table 3 for computing interest under the Part II 9 hr., 19 min. Interest Rates for Corporate look-back method for completed Increases or Decreases in Tax long-term contracts. Section 6001 and Learning about the Exceeding $10,000 its regulations require you to file a return law or the form or statement with us for any tax you are Part I 2 hr., 22 min. From Through Rate Table Page liable for. Section 6109 and its Part II 2 hr., 5 min. 1/1/08 3/31/08 4.5% 62 616 regulations require you to put your Preparing, copying, 4/1/08 6/30/08 3.5% 60 614 identifying number on what you file. If assembling, and 7/1/08 9/30/08 2.5% 58 612 10/1/08 12/31/08 3.5% 60 614 you do not provide the information we sending the form to 1/1/09 3/31/09 2.5% 10 564 ask for, or provide fraudulent the IRS 4/1/09 12/31/10 1.5% 8 562 information, you may forfeit any refund Part I 2 hr., 37 min. 1/1/11 3/31/11 .5% – – of interest otherwise owed to you and/or Part II 2 hr., 19 min. 4/1/11 9/30/11 1.5% 8 562 be subject to penalties. 10/1/11 3/31/16 .5% – – 4/1/16 12/31/16 1.5% 56 610 You are not required to provide the 1/1/17 3/31/18 1.5% 8 562 4/1/18 9/30/18 2.5% 10 564 information requested on a form that is If you have comments concerning the subject to the Paperwork Reduction Act accuracy of these time estimates or unless the form displays a valid OMB suggestions for making this form Example of Applicable Interest control number. Books or records simpler, we would be happy to hear Rates for Look-back Interest. relating to a form or its instructions must from you. You can send us comments A C corporation taxpayer completed be retained as long as their contents from IRS.gov/FormComments. Or you contracts subject to look-back interest may become material in the can send your comments to Internal during the 2017 calendar year. The administration of any Internal Revenue Revenue Service, Tax Forms and contracts were started in 2015, so 2015 law. Generally, tax returns and return Publications Division, 1111 Constitution and 2016 are redetermination years. information are confidential, as required Ave. NW, IR-6526, Washington, DC The corporate tax return due date, by section 6103. 20224. Don't send the tax form to this office. Instead, see Filing Instructions, without extensions, for all years is April We may give this information to the earlier. 15. Department of Justice for civil or For computing look-back interest, the criminal litigation, and to other federal interest rates and accrual period for the agencies as authorized by law. We may 2015 redetermination year would be: give it to cities, states, the District of • 4/16/2016 – 4/15/2017: 3% for the 1st Columbia, and U.S. commonwealths or $10,000 (1.5% for any amount possessions to carry out their tax laws. exceeding $10,000). We may give it to foreign governments -7- |