Userid: CPM Schema: Leadpct: 100% Pt. size: 9.5 Draft Ok to Print instrx AH XSL/XML Fileid: … ns/I8697/201309/A/XML/Cycle05/source (Init. & Date) _______ Page 1 of 7 13:30 - 29-Aug-2013 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Department of the Treasury Instructions for Form 8697 Internal Revenue Service (Rev. September 2013) (Use with the December 2011 revision of Form 8697) Interest Computation Under the Look-Back Method for Completed Long-Term Contracts Section references are to the Internal Revenue Pass-Through Entities transaction or a step-in-the shoes Code unless otherwise noted. transaction. For guidance regarding A pass-through entity (partnership, S corporation, or trust) that is not closely these transactions, see Regulations General Instructions held must apply the look-back method 1.460-4(g). In the case of constructive at the entity level to any contract for completion transactions, the old Future Developments which at least 95% of the gross income taxpayer treats the contract as For the latest information about is from U.S. sources. A pass-through completed in the transaction year and developments related to Form 8697 and entity is considered closely held if, at applies the look-back method to the its instructions, such as legislation any time during any tax year for which pre-transaction years. The new enacted after they were published, go to there is income under the contract, 50% taxpayer is treated as entering into a www.irs.gov/form8697. or more (by value) of the beneficial new contract and applies the look-back interests in the entity is held (directly or method to the post-transaction years What's New indirectly) by or for five or fewer upon the contract's completion. In the Form 8697 is not being revised at this persons. For this purpose, rules similar case of step-in-the-shoes transactions, time. Continue to use the December to the constructive ownership rules of the new taxpayer applies the look-back 2011 revision of Form 8697 with these section 1563(e) apply. For a method to both the pre and post updated instructions. mid-contract change in taxpayer transaction years. See Regulations The tax rate used for the interest resulting in the conversion of a C section 1.460-6(g) for additional computation for individuals and certain corporation into an S corporation, the guidance. pass-through entities has changed. See look-back method is applied at the entity Exception for Certain the instructions for Part II, line 2, later. level with respect to contracts entered Construction Contracts into prior to the conversion regardless of Purpose of Form whether the S corporation is considered The look-back method does not apply to closely held. See the section discussing the regular taxable income from: Use Form 8697 to figure the interest due Any home construction contract (as Mid-Contract Change in Taxpayer. or to be refunded under the look-back defined in section 460(e)(6)(A)) or method of section 460(b)(2) on certain If you are an owner of an interest in a Any other construction contract long-term contracts that are accounted pass-through entity in which a long-term entered into by a taxpayer: (a) who for under either the percentage of contract was being accounted for under estimates the contract will be completed completion method or the percentage of the percentage of completion method or within 2 years from the date the contract completion-capitalized cost method. For the percentage of completion begins and (b) whose average annual guidance concerning these methods, capitalized cost method and the gross receipts for the 3 tax years see Regulations section 1.460-4. For pass-through entity is not subject to the preceding the tax year in which the details and computational examples look-back method at the entity level, you contract is entered into do not exceed illustrating the use of the look-back must file this form for your tax year that $10 million. See section 460(e). method, see Regulations section ends with or includes the end of the 1.460-6. entity's tax year in which the contract However, the look-back method does was completed or adjusted in a apply to the alternative minimum taxable Who Must File post-completion tax year. The income from any such contract that is General Rule 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 You must file Form 8697 for each tax to complete this form. the percentage of completion method year in which you completed a long-term contract entered into after Mid-Contract Change in for alternative minimum tax purposes. See section 56(a)(3) for details. February 28, 1986, that you accounted Taxpayer for using either the percentage of If prior to the completion of a long-term Small Contract Exception completion method or the percentage of contract accounted for using the The look-back method does not apply to completion-capitalized cost method for percentage of completion method or the any contract completed within 2 years of Federal income tax purposes. You also percentage of completion capitalized the contract start date if the gross price must file Form 8697 for any tax year, cost method, there is a transaction that of the contract (as of contract subsequent to the year of completion, in makes another taxpayer responsible for completion) does not exceed the which the contract price or contract accounting for income from the same smaller of: costs are adjusted for one or more of contract, the taxpayer responsible for $1 million or these long-term contracts from a prior computing look-back interest depends 1% of the taxpayer's average annual year. on whether the ownership change is gross receipts for the 3 tax years before due to a constructive completion the tax year of contract completion. Aug 29, 2013 Cat. No. 10703K |
Page 2 of 7 Fileid: … ns/I8697/201309/A/XML/Cycle05/source 13:30 - 29-Aug-2013 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. See section 460(b)(3)(B) for details. For individuals, include any interest return. If you file a joint return, the due in the amount to be entered for total signature of both spouses is required on De Minimis Exception tax (after credits and other taxes) on Form 8697. If additional Forms 8697 are You may elect not to apply the your return (for example, 2012 Form needed to show more than 2 look-back method in certain de minimis 1040, line 61). Write on the dotted line redetermination years, sign only the first cases for completed contracts. The to the left of the entry space “From Form Form 8697. look-back method does not apply in the 8697” and the amount of interest due. File Form 8697 by the date you are following cases if the election is made. For partnerships (that are not closely required to file your income tax return 1. In the completion year if, for each held), write “From Form 8697” and (including extensions). Keep a copy of prior contract year, the cumulative include any interest due in the bottom Form 8697 and any attached schedules taxable income (or loss) actually margin of the tax return. Attach a check for your records. reported under the contract is within or money order for the full amount made 10% of the cumulative look-back payable to “United States Treasury.” Filing a Corrected Form income (or loss). Cumulative look-back Write the partnership's employer 8697 income (or loss) is the amount of identification number (EIN), daytime You must file a corrected Form 8697 taxable income (or loss) that you would phone number, and “Form 8697 only if the amount shown on Part I, have reported if you had used actual Interest” on the check or money order. line 6, or Part II, line 7, for any prior year contract price and costs instead of estimated contract price and costs. For S corporations that are not changes as a result of an error you 2. In a post-completion year if, as of closely held, include any interest due in made, an income tax examination, or the close of the post-completion year, the amount to be entered for additional the filing of an amended tax return. the cumulative taxable income (or loss) taxes (for example, 2012 Form 1120S, When completing Part I, line 1, of the under the contract is within 10% of the line 22c). Write on the dotted line to the corrected Form 8697, follow the cumulative look-back income (or loss) left of the entry space “From Form 8697” instructions on the form but do not enter under the contract as of the close of the and the amount of interest due. A the adjusted taxable income from Part I, most recent year in which the look-back closely held S corporation would also line 3, of the original Form 8697. When method was applied to the contract (or follow these procedures following a completing Part I, line 5 (or Part II, would have been applied if the election conversion from a C corporation for the line 6), of the corrected Form 8697, do had not been made). contracts entered into prior to the not include the interest due, if any, from conversion. See the rules related to Part I, line 10 (or Part II, line 11), of the For purposes of item 2, discounting Mid-Contract Change in Taxpayer, original Form 8697 that was included in under section 460(b)(2) does not apply. earlier. your total tax when Form 8697 was filed To make the election, attach a For closely held pass-through with your tax return. statement to your timely filed income tax entities, look-back interest is applied at If both the original and corrected return (determined with extensions) for the owner level and not the entity level. Forms 8697 show an amount on the line the first tax year of the election. Write at for interest you owe, file an amended the top of the statement For corporations, include the amount income tax return. “NOTIFICATION OF ELECTION of interest due on the appropriate line of If both the original and corrected UNDER SECTION 460(b)(6).” Include Form 1120, Schedule J, Part I (for Forms 8697 show an amount on the line on the statement your name, identifying example, 2012 Form 1120, Schedule J, for interest to be refunded to you, write number, and the effective date of the line 9c). “Amended” in the top margin of the election. Also identify the trades or Look-back interest owed is not corrected Form 8697, and file it businesses that involve long-term subject to the estimated tax penalty. separately. contracts. Once made, the election See Regulations section 1.460-6(f)(2). If your original Form 8697 shows an applies to all contracts completed amount on the line for interest you owe during the election year and all later tax If Interest Is To Be Refunded to and the corrected Form 8697 shows an years, and may not be revoked without You amount on the line for interest to be IRS consent. See Regulations section Do not attach Form 8697 to your income refunded to you, you must: 1.460-6(j) for more details. If you timely tax return. Instead, file Form 8697 1. File an amended income tax filed your return without making the separately with the IRS at the applicable return showing $0 interest from Form election, you may make the election on address listed below. 8697 and an amended return filed no later than 6 Individuals: 2. File the corrected Form 8697 months after the due date of your tax separately (but do not write “Amended” return (excluding extensions). Write Department of Treasury at the top of the form because this is the “Filed pursuant to section 301.9100” at Internal Revenue Service first Form 8697 that you will file the top of the amended return. Philadelphia, PA 19255-0001 separately). Filing Instructions All others: If the original Form 8697 shows an amount on the line for interest to be If You Owe Interest (or No refunded to you and the corrected Form Department of Treasury Interest Is To Be Refunded to Internal Revenue Service 8697 shows an amount on the line for You) Cincinnati, OH 45999-0001 interest you owe, you must: Attach Form 8697 to your income tax 1. File the corrected Form 8697 return. The signature section of Form Complete the signature section of separately (with “Amended” written at 8697 does not have to be completed by Form 8697 following the instructions for the top) showing $0 interest to be you or the paid preparer. the signature section of your income tax refunded and -2- |
Page 3 of 7 Fileid: … ns/I8697/201309/A/XML/Cycle05/source 13:30 - 29-Aug-2013 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 2. File an amended income tax account after the contract completion 10% of the total actual contract costs at return and attach a copy of the date for any reason, you must apply the that time, corrected Form 8697. look-back method in the year such 3. The taxpayer goes out of amounts are properly taken into existence, Attachments account, even if no other contract is If you need more space, attach separate completed in that year. Generally, the 4. The taxpayer reasonably believes sheets to the back of Form 8697. Put amount of each such post-completion the contract is finally settled and closed, your name and identifying number on adjustment to total contract price or or each sheet. contract costs is discounted, solely for 5. None of the above conditions look-back purposes, from its value at (1–4) are met by the end of the 5th tax Applying the Look-Back the time the amount is taken into year that begins after the last previous account in computing taxable income to application of the look-back method. Method Under Special its value at the time the contract was Situations completed. The discount rate for this To elect the delayed reapplication purpose is the Federal mid-term rate method, attach a statement to your 10% Method under section 1274(d) in effect at the timely filed income tax return For purposes of the percentage of time the amount is properly taken into (determined with extensions) for the first completion method, a taxpayer may account. tax year of the election. Indicate on the elect to postpone recognition of income statement that you are making an and expense under a long-term contract However, you may elect not to election under Regulations section entered into after July 10, 1989, until the discount post-completion adjustments 1.460-6(e) to use the delayed first tax year as of the end of which at for any contract. The election not to reapplication method. Once made, the least 10% of the estimated total contract discount is made on a election is binding for all long-term costs have been incurred. For purposes contract-by-contract basis and is contracts for which you would reapply of the look-back method, the recognition binding with respect to all the look-back method in the absence of of income and expense must be post-completion adjustments that arise the election in the year of the election postponed for such contracts until the with respect to that contract. To make and all later years, unless the IRS first tax year as of the end of which at this election, attach a statement to your consents to a revocation of the election. least 10% of the actual total contract timely filed income tax return See Regulations section 1.460-6(e) for costs have been incurred. Therefore, (determined with extensions) for the first more details. income and expense will be allocated to tax year after completion in which you a different tax year if the first tax year take into account any adjustment to the that the 10% threshold is exceeded contract price or contract costs. Indicate Specific Instructions based on actual costs differs from the on the statement that you are making an All filers must complete the information first tax year that the 10% threshold is election not to discount post-completion at the top of the form above Part I exceeded based on estimated costs. adjustments under Regulations section according to the following instructions. The election to use the 10% method 1.460-6(c)(1)(ii)(C)(2) and identify the Then, complete either Part I or Part II as applies to all long-term contracts contracts to which the election applies. appropriate. Also sign the form at the entered into during the tax year for bottom of page 2 if interest is to be which the election is made and all later Delayed Reapplication Method refunded to you. A signature is not years. See section 460(b)(5) for more required if you are filing the form with details. For purposes of reapplying the look-back method after the year of your tax return. Change Orders contract completion, you may elect the A change order for a contract is not delayed reapplication method to Filing Year treated as a separate contract for minimize the number of required Fill in the filing year line at the top of the purposes of applying the look-back reapplications of the look-back method. form to show the tax year in which the method unless the change order would Under this method, the look-back contracts for which this form is being be treated as a separate contract under method is reapplied after the contract filed were completed or adjusted in a the rules for severing and aggregating completion year (or after a later post-completion year. If you were an contracts provided in Regulations reapplication of the look-back method) owner of an interest in a pass-through section 1.460-1(e). Therefore, if a only when one of the following entity that has completed or adjusted change order is not treated as a conditions is met for that contract: one or more contracts, enter your tax separate contract, that portion of the 1. The net undiscounted value of year that ends with or includes the end actual contract price and contract costs increases or decreases in the contract of the entity's tax year in which the attributable to the change order must be price occurring from the time of the last contracts were completed or adjusted. taken into account in allocating contract application of the look-back method income to all tax years of the contract, exceeds the smaller of $1 million or Name including tax years before the change 10% of the total contract price at that Enter the name shown on your Federal order was agreed to. time, income tax return for the filing year. If Post-Completion Adjustments 2. The net undiscounted value of you are an individual filing a joint return, increases or decreases in contract costs also enter your spouse's name as occurring from the time of the last shown on Form 1040. General Rule application of the look-back method If the contract price or costs are revised exceeds the smaller of $1 million or Address to reflect amounts properly taken into Enter your address only if you are filing this form separately. Include the -3- |
Page 4 of 7 Fileid: … ns/I8697/201309/A/XML/Cycle05/source 13:30 - 29-Aug-2013 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. apartment, suite, room, or other unit line 2 amounts should be zero and Lines 4 and 5 number after the street address. If the reflected in column 2(c). If there are Reduce the tax liability to be entered on Post Office does not deliver mail to the additional adjustments that result from lines 4 and 5 by allowable credits (other street address and you have a P.O. box, the application of the look-back, leave than refundable credits, for example, show the box number instead. column 2(c) blank and reflect the the credit for taxes withheld on wages, amounts in the schedule below as the earned income credit, the credit for Item A—Identifying described in item 3. federal tax on fuels, etc.), but do not Number Include the following on an attached take into account any credit carrybacks If you are an individual, enter your social schedule. to the prior year in computing the security number. Other filers must use 1. Identify each completed amount to enter on lines 4 and 5 (other their EIN. long-term contract by contract number, than carrybacks that resulted from or job name, or any other reasonable were adjusted by the redetermination of Part I—Regular Method method used in your records to identify your income from a long-term contract Use Part I only if you are not electing, do each contract. for look-back purposes). Include on lines 4 and 5 any taxes (such as not have an election in effect, or are not 2. For each contract, report in alternative minimum tax) required to be required to use the simplified marginal columns for each prior year: (a) the taken into account in the computation of impact method as described in the amount of income previously reported your tax liability (as originally reported or instructions for Part II, later. based on estimated contract price and as redetermined). Filing year column costs and (b) the amount of income allocable to each prior year based on Lines 7 and 8 Enter the filing year listed at the top of actual contract price and costs. Total this form. For the increase or decrease in tax for the columns for each prior year and each prior year, interest due or to be Columns (a) and (b) show the net adjustment to income from refunded must be computed at the Enter at the top of each column the long-term contracts. applicable interest rate and ending month and year for: 3. Identify any other adjustments compounded on a daily basis, generally Each prior tax year in which you were that result from a change in income from from the due date (not including required to report income from the long-term contracts and show the extensions) of the return for the prior completed long-term contract(s) and amounts in the columns for the affected year until the earlier of: Any other tax year affected by such years so that the net adjustment shown The due date (not including years. in each column on the attached extensions) of the return for the filing schedule agrees with the amounts year or Note. If there were more than 2 prior shown on line 2. The date the return for the filing year years, attach additional Forms 8697 as is filed and any income tax due for that An owner of an interest in a needed. On the additional Forms 8697, year has been fully paid. pass-through entity is not required to enter your name, identifying number, Exceptions: provide the detail listed in 1 and 2 above and tax year. Complete lines 1 through The time period for determining with respect to prior years. The entity 8 (as applicable), but do not enter totals interest may be different in cases should provide the line 2 amounts with in column (c). Enter totals only in involving loss or credit carrybacks or Schedule K-1 or on a separate column (c) of the first Form 8697. carryovers in order to properly reflect statement for its tax year in which the Line 1 contracts are completed or adjusted. the time period during which the Do not reduce taxable income or taxpayer or IRS had use of the Note. Taxpayers reporting line 2 increase a loss on line 1 by any hypothetical underpayment or amounts from more than one carryback of a net operating loss, capital overpayment. See Regulations section Schedule K-1 (or a similar statement) loss, or net section 1256 contracts loss, 1.460-6(c)(4)(ii) and (iii) for additional must attach a schedule detailing by except to the extent that carrybacks information. entity the net change to income from must be taken into account to properly If a net operating loss, capital loss, long-term contracts. compute interest under section 460. net section 1256 contracts loss, or credit carryback is being increased or Line 3 Line 2 decreased as a result of the adjustment If line 3 results in a negative amount, it In each column, show a net increase to made to net income from long-term represents a look-back net operating income as a positive amount and a net contracts, the interest due or to be loss (NOL). The adjustment in line 2 decrease to income as a negative refunded must be computed on the either created, increased, or decreased amount. increase or decrease in tax attributable the net operating loss. The change in to the change to the carryback only from In figuring the net adjustment to be the amount of the net operating loss the due date (not including extensions) entered in each column on line 2, be would be carried back or forward to the of the return for the prior year that sure to take into account any other appropriate tax year and the generated the carryback and not from income and expense adjustments that hypothetical tax would be recomputed the due date of the return for the year in may result from the increase (or in the carryback/forward year. See which the carryback was absorbed. See decrease) to income from long-term Regulations section 1.460-6(c)(3)(v). section 6611(f). contracts (for example, a change to However, the computation period for In the case of a decrease in tax on adjusted gross income affecting medical computing interest on NOLs is different. line 6, if a refund has been allowed for expenses under section 213). If there See the exceptions listed on lines 7 and any part of the income tax liability shown are no adjustments besides the 8 below. on line 5 for any year as a result of a net look-back adjustments, the sum of all -4- |
Page 5 of 7 Fileid: … ns/I8697/201309/A/XML/Cycle05/source 13:30 - 29-Aug-2013 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. operating loss, capital loss, net section the rates in Table 3 for the amounts in election applies to all applications of the 1256 contracts loss, or credit carryback excess of $10,000. look-back method in the year of the to such year, and the amount of the election and all later years, unless the refund exceeds the amount on line 4, Line 9 IRS consents to a revocation of the interest is allowed on the amount of See If Interest Is To Be Refunded to election. such excess only until the due date (not You, earlier, for where to file Form 8697. including extensions) of the return for Additional interest to be refunded for Columns (a), (b), and (c) the year in which the carryback arose. periods after the filing date of Form Enter at the top of each column the 8697, if any, will be computed by the ending month and year for each prior Note. If a different method of interest IRS and included in your refund. Report tax year in which you were required to computation must be used to produce the amount on line 9 (or the amount report income from the completed the correct result in your case, use that refunded by the IRS if different) as long-term contract. method and attach an explanation of interest income on your income tax how the interest was computed. return for the tax year in which it is Note. If there were more than 3 prior received or accrued. tax years, attach additional Forms 8697 as needed. On the additional Forms Applicable Interest Rates Line 10 8697, enter your name, identifying The overpayment rate designated under See If You Owe Interest under Filing number, and tax year. Complete lines 1 section 6621 is used to calculate the Instructions, earlier, for how to report through 9 (as applicable), but do not interest for both hypothetical this amount on your tax return. enter totals in column (d). Enter totals overpayments and underpayments. The Corporations (other than S only in column (d) of the first Form 8697. applicable interest rates are published corporations) may deduct this amount quarterly in revenue rulings in the (or the amount computed by the IRS if Line 1 Internal Revenue Bulletin available at different) as interest expense for the tax In each column, show a net increase to www.irs.gov. year in which it is paid or incurred. For income as a positive amount and a net individuals and other taxpayers, this decrease to income as a negative However, for contracts completed in interest is not deductible. amount. tax years ending after August 5, 1997, On an attached schedule: an interest rate is determined for each Estimated Tax Penalty Identify each completed long-term interest accrual period. The interest accrual period starts on the day after the Look-back interest owed is not subject contract by contract number, job name, return due date (not including to the estimated tax penalty. See or any other reasonable method used in extensions) for each prior tax year and Regulations section 1.460–6(f)(2)(i). your records to identify each contract; ends on the return due date for the See the instructions for the 2012 Form and following tax year. The interest rate in 2210, line 2 for individuals and 2012 For each contract, report in columns effect for the entire interest accrual Form 2220, line 2(b) for corporations. for each prior year: (a) the amount of period is the overpayment rate income previously reported based on determined under section 6621(a)(1) Part II—Simplified estimated contract price and costs and (b) the amount of income allocable to applicable on the first day of the interest Marginal Impact Method each prior year based on actual contract accrual period. Part II is used only by pass-through price and costs. Total the columns for entities required to apply the look-back each prior year and show the net Even though the interest rates method at the entity level (see Who adjustment to income from long-term change quarterly, for look-back Must File, earlier) and taxpayers contracts. purposes the interest rate stays the electing (or with an election in effect) to same for the accrual period which is use the simplified marginal impact An owner of an interest in a generally one year. The applicable method. Under the simplified method, pass-through entity is not required to interest rates for non-corporate prior year hypothetical underpayments provide the detailed schedule listed taxpayers are shown in Table 1 (for or overpayments in tax are figured using above for prior years. The entity should interest accrual periods beginning after an assumed marginal tax rate, which is provide the line 1 amounts with Jan. 1, 2004). generally the highest statutory rate in Schedule K-1 or on a separate effect for the prior year under section 1 statement for its tax year in which the The applicable interest rates for (for an individual) or section 11 (for a contracts are completed or adjusted. corporate taxpayers for the first $10,000 corporation). This method eliminates the are shown in Table 2. The applicable need to refigure your tax liability based Note. Taxpayers reporting line 1 interest rates for corporate taxpayers for on actual contract price and actual amounts from more than one amounts in excess of $10,000 are contract costs each time the look-back Schedule K-1 (or a similar statement) shown in Table 3. method is applied. must attach a schedule detailing by entity the net change to income from Following the conversion of a C To elect the simplified marginal long-term contracts. corporation into an S corporation, the impact method, attach a statement to Line 2 look-back method is applied at the entity your timely filed income tax return level (1120S) with respect to contracts (determined with extensions) for the first Multiply the amount on line 1 by the entered into prior to the conversion. See tax year of the election. Indicate on the applicable regular tax rate for each prior Regulations section 1.460-6(g)(3)(iv). statement that you are making an year shown in column (a), (b), or (c). For the C corporation years, the election under Regulations section The applicable regular tax rate is as taxpayer would apply the rates reflected 1.460-6(d) to use the simplified marginal follows: in Table 2 for the first $10,000 and apply impact method. Once made, the -5- |
Page 6 of 7 Fileid: … ns/I8697/201309/A/XML/Cycle05/source 13:30 - 29-Aug-2013 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 1. Individuals and pass-through entities Line 4 Table 1 in which, at all times during the year, Multiply the amount on line 3 by the Interest Rates for Non-corporate more than 50% of the interests in the applicable AMT rate, which is as Taxpayers entity are held by individuals directly or follows: through other pass-through entities: From Through Rate Table Page 1. Individuals and pass-through entities 1/1/04 3/31/04 4% 61 615 in which, at all times during the year, 4/1/04 6/30/04 5% 63 617 a. Tax years beginning more than 50% of the interests in the 7/1/04 9/30/04 4% 61 615 before 1987 ......... 50% entity are held by individuals directly or 10/1/04 12/31/04 5% 63 617 b. Tax years beginning in through other pass-through entities: 1/1/05 3/31/05 5% 15 569 1987 .............. 38.5% 4/1/05 9/30/05 6% 17 571 10/1/05 6/30/06 7% 19 573 c. Tax years beginning in 7/1/06 12/31/07 8% 21 575 a. Tax years beginning in 1988, 1989, or 1990 ... 28% .... 21% 1/1/08 3/31/08 7% 67 621 1987 through 1990 d. Tax years beginning in 4/1/08 6/30/08 6% 65 619 b. Tax years beginning in 7/1/08 9/30/08 5% 63 617 1991 or 1992 1991 or 1992 ........ 31% ........ 24% 10/1/08 12/31/08 6% 65 619 e. Tax years beginning in 1/1/09 3/31/09 5% 15 569 c. Tax years beginning in 1993 through 2000 .... 39.6% ......... 28% 4/1/09 12/31/10 4% 13 567 1993 or later f. Tax years beginning in 1/1/11 3/31/11 3% 11 565 2001 .............. 39.1% 4/1/11 9/30/11 4% 13 567 g. Tax years beginning in 10/1/11 12/31/11 3% 11 565 2002 .............. 38.6% 2. Corporations (other than S 1/1/12 12/31/12 3% 59 613 1/1/13 9/30/13 3% 11 565 h. Tax years beginning in corporations) and 2003 through 2012 .... 35% pass-through entities not i. Tax years beginning in included in 1 above ...... 20% Table 2 2013 or later ......... 39.6% Interest Rates for Corporate Line 5 Increases or Decreases in Tax 2. Corporations (other than S If both lines 2 and 4 are negative, enter of $10,000 or Less corporations) and pass-through entities whichever amount is greater. Treat both not included in 1 above: numbers as positive when making this From Through Rate Table Page comparison, but enter the amount as a 1/1/04 3/31/04 3% 59 613 negative number. (If the amount on one 4/1/04 6/30/04 4% 61 615 a. Tax years ending before July line is negative, but the amount on the 7/1/04 9/30/04 3% 59 613 10/1/04 12/31/04 4% 61 615 1, 1987 .............. 46% other line is positive, enter the positive 1/1/05 3/31/05 4% 13 567 b. For tax years beginning amount.) 4/1/05 9/30/05 5% 15 569 10/1/05 6/30/06 6% 17 571 before July 1, 1987, that include Lines 8 and 9 7/1/06 12/31/07 7% 19 573 July 1, 1987, the rate is 34% 1/1/08 3/31/08 6% 65 619 For the increase (or decrease) in tax for plus the following: 4/1/08 6/30/08 5% 63 617 each prior year, interest due or to be 7/1/08 9/30/08 4% 61 615 refunded must be computed at the 10/1/08 12/31/08 5% 63 617 Number of days in tax year before 7/1/87 12% applicable interest rate and 1/1/09 3/31/09 4% 13 567 Number of days in tax year compounded on a daily basis from the 4/1/09 12/31/10 3% 11 565 due date (not including extensions) of 1/1/11 3/31/11 2% 9 563 c. Tax years beginning after the return for the prior year until the 4/1/11 9/30/11 3% 11 565 June 30, 1987, and ending earlier of: 10/1/11 12/31/11 2% 9 563 1/1/12 12/31/12 2% 57 611 before 1993 ........... 34% The due date (not including 1/1/13 9/30/13 2% 9 563 d. For tax years beginning extensions) of the return for the filing year or before 1993 that include January 1, 1993, the rate is The date the return for the filing year is filed and any income tax due for that 34% plus the following: year has been fully paid. See Applicable Interest Rates in the Number of days in tax year after 12/31/92 1% instructions for Part I, lines 7 and 8, Number of days in tax year earlier. e. Tax years beginning after Line 10 1992 ................ 35% See the instructions for Part I, line 9, earlier. Line 3 See the instructions for Part II, line 1, on Line 11 this page and complete line 3 in the See the instructions for Part I, line 10, same manner, using only income and earlier. deductions allowed for alternative minimum tax (AMT) purposes. -6- |
Page 7 of 7 Fileid: … ns/I8697/201309/A/XML/Cycle05/source 13:30 - 29-Aug-2013 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. agencies to enforce Federal nontax Table 3 Privacy Act and Paperwork Reduc- criminal laws and to combat terrorism. Interest Rates for Corporate tion Act Notice. We ask for the Increases or Decreases in Tax information on this form to carry out the The time needed to complete and file Exceeding $10,000 Internal Revenue laws of the United this form will vary depending on States. We need this information to individual circumstances. The estimated From Through Rate Table Page ensure that you are complying with burden for individual taxpayers filing this 1/1/04 3/31/04 1.5% 56 610 these laws and to figure and collect or form is approved under OMB control 4/1/04 6/30/04 2.5% 58 612 refund the correct amount of interest. number 1545-0074 and is included in 7/1/04 9/30/04 1.5% 56 610 the estimates shown in the instructions 10/1/04 3/31/05 2.5% 58 612 Section 460 provides special rules for their individual income tax return. 4/1/05 9/30/05 3.5% 12 566 10/1/05 6/30/06 4.5% 14 568 for computing interest under the The estimated burden for all other 7/1/06 12/31/07 5.5% 16 570 look-back method for completed taxpayers who file this form is shown 1/1/08 3/31/08 4.5% 62 616 long-term contracts. Section 6001 and below. 4/1/08 6/30/08 3.5% 60 614 its regulations require you to file a return 7/1/08 9/30/08 2.5% 58 612 or statement with us for any tax you are 10/1/08 12/31/08 3.5% 60 614 Recordkeeping 1/1/09 3/31/09 2.5% 10 564 liable for. Section 6109 and its 4/1/09 12/31/10 1.5% 8 562 regulations require you to put your Part I ............ 8 hr., 36 min. 1/1/11 3/31/11 .5% – – identifying number on what you file. If Part II ............ 9 hr., 19 min. 4/1/11 9/30/11 1.5% 8 562 you do not provide the information we Learning about the 10/1/11 9/30/13 .5% – – ask for, or provide fraudulent law or the form information, you may forfeit any refund Part I ............ 2 hr., 22 min. of interest otherwise owed to you and/or Part II ............ 2 hr., 5 min. Example of Applicable Interest be subject to penalties. Rates for Look-back Interest. Preparing, copying, A C Corporation taxpayer completed You are not required to provide the assembling, and contracts subject to look-back interest information requested on a form that is sending the form to during the 2010 calendar year. The subject to the Paperwork Reduction Act the IRS contracts were started in 2008, so 2008 unless the form displays a valid OMB Part I ............ 2 hr., 37 min. and 2009 are redetermination years. control number. Books or records Part II ............ 2 hr., 19 min. The corporate tax return due date, relating to a form or its instructions must without extensions, for all years is be retained as long as their contents If you have comments concerning the March 15. may become material in the accuracy of these time estimates or For computing look-back interest, the administration of any Internal Revenue suggestions for making this form interest rates and accrual period for the law. Generally, tax returns and return simpler, we would be happy to hear 2008 redetermination year would be: information are confidential, as required from you. You can write to the Internal 3/16/2009 – 3/15/2010: 4% for the 1st by section 6103. Revenue Service, Tax Forms and Publications Division, 1111 Constitution $10,000 (2.5% for any amount We may give this information to the Ave., NW, IR-6526, Washington, DC exceeding $10,000). Department of Justice for civil or 20224. Do not send the tax form to this 3/16/2010 – 3/15/2011: 3% for the 1st criminal litigation, and to other Federal address. Instead, see Filing $10,000 (1.5% for any amount agencies as authorized by law. We may Instructions, earlier. exceeding $10,000). give it to cities, states, the District of The interest rate and accrual period Columbia, and U.S. commonwealths or for the 2009 redetermination year would possessions to carry out their tax laws. be: We may give it to foreign governments 3/16/2010 – 3/15/2011: 3% for the 1st because of tax treaties they have with $10,000 (1.5% for any amount the United States. We may also disclose exceeding $10,000). this information to Federal and state -7- |