PDF document
- 1 -
                           Userid: CPM                    Schema: instrx    Leadpct: 100%           Pt. size: 8.5  Draft         Ok to Print
AH XSL/XML                 Fileid: … /I1120ND/201811/A/XML/Cycle05/source                                         (Init. & Date) _______

Page 1 of 5                                                                                                       10:57 - 6-Nov-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 1120-ND

(Rev. November 2018)

(Use with the October 2013 revision of Form 1120-ND)
Return for Nuclear Decommissioning Funds and Certain Related Persons

Section references are to the Internal Revenue Code Note. Each person liable for filing a return to  Extension of time to file. File Form 7004, 
unless otherwise noted.                             pay any tax reportable on this form must file    Application for Automatic Extension of Time 
                                                    a separate return.                               To File Certain Business Income Tax, 
Future Developments                                                                                  Information, and Other Returns, to request 
                                                    When To File
                                                                                                     an extension of time to file. Generally, file 
For the latest information about                    Generally, a fund must file its income tax       Form 7004 by the regular due date of the 
developments affecting Form 1120-ND and             return by the 15th day of the 4th month after    return.
its instructions, such as legislation enacted       the end of its tax year. The return of a trustee 
after they were published, go to IRS.gov/           or self-dealer who owes tax under section          A disqualified person or trustee filing to 
Form1120ND.                                         4951 must be filed by the 15th day of the 4th    report section 4951 taxes must also file Form 
                                                    month after the end of the tax year of the       7004 to request an extension of time to file.
What’s New                                          trustee or self-dealer.                          Who Must Sign
Address change for filling returns.     The         However, a fund with a fiscal tax year           The return must be signed and dated by an 
filing address for Form 1120-ND has                 ending on June 30 must file by the 15th day      authorized trustee. The return of any person 
changed. See Where To File, later.                  of the 3rd month after the end of its tax year.  who engaged in any act of self-dealing must 
Increase in penalty for failure to file.    For     A fund with a short tax year ending in June      be signed and dated by that person or the 
returns required to be filed after December         will be treated as if the short year ended on    individual authorized to sign on behalf of that 
31, 2018, the minimum penalty for failure to        June 30, and must file by the 15th day of the    person.
file a return that is over 60 days late has         3rd month after the end of its tax year.
                                                                                                       If an employee of the fund completes 
increased to the smaller of the tax due or          If the due date falls on a Saturday,             Form 1120-ND, the paid preparer space 
$210. See Late filing of return, later.             Sunday, or legal holiday, the fund may file on   should remain blank. Anyone who prepares 
NOL carryback eliminated.      The 2-year           the next business day.                           Form 1120-ND but does not charge the fund 
carryback rule will generally not apply to net                                                       should not complete that section. Generally, 
operating losses (NOLs) arising in tax years        Where To File                                    anyone who is paid to prepare the return 
ending after 2017. Exceptions apply to NOLs         File the fund's or disqualified person's or      must sign it and fill in the “Paid Preparer Use 
for farmers and non-life insurance                  trustee's return at the applicable IRS address   Only” area.
companies. See section 172(b) as amended            listed below.                                      The paid preparer must complete the 
by P.L. 115-97, section 13302.
                                                    If the fund's principal business, office, or     required preparer information and:
General Instructions                                agency is located in the United States, file     Sign the return in the space provided for 
                                                    Form 1120-ND at the following address:           the preparer's signature.
Purpose of Form                                                                                      Give a copy of the return to the taxpayer.
Nuclear decommissioning funds use Form              Department of the Treasury
1120-ND to report contributions received,           Internal Revenue Service Center                  Note.  A paid preparer may sign original or 
income earned, the administrative expenses          Ogden, UT 84201-0012                             amended returns by rubber stamp, 
                                                                                                     mechanical device, or computer software 
of operating the fund, and the tax on                                                                program.
modified gross income. The return is also           If the fund's principal business, office, or 
used to report the section 4951 initial taxes       agency is located in a foreign country or a      Paid Preparer Authorization
on self-dealing.                                    U.S. possession, file Form 1120-ND at the        If the fund wants to allow the IRS to discuss 
Taxpayers, electing under section 468A,             following address:                               its tax return with the paid preparer who 
are allowed deductions for amounts                  Internal Revenue Service Center                  signed it, check the “Yes” box in the 
contributed to a qualified fund, up to 100% of      P.O. Box 409101                                  signature area of the return. This 
the present value of the nuclear power              Ogden, UT 84409                                  authorization applies only to the individual 
plant's decommissioning costs. Taxpayers                                                             whose signature appears in the “Paid 
can apply for a new ruling amount if the                                                             Preparer Use Only” section of the fund's 
nuclear power plant is granted a license            Private delivery services. Funds can use         return. It does not apply to the firm, if any, 
renewal, extending its useful life. See section     certain private delivery services designated     shown in that section.
468A for more information.                          by the IRS to meet the timely mailing as 
                                                    “timely filing/paying” rule for tax returns and    If the “Yes” box is checked, the fund is 
Who Must File                                       payments. See the Instructions for Form          authorizing the IRS to call the paid preparer 
All section 468A nuclear decommissioning            1120, U.S. Corporation Income Tax Return,        to answer any questions that may arise 
funds must file Form 1120-ND. A disqualified        for details.                                     during the processing of its return. The fund 
person engaging in self-dealing must file                                                            is also authorizing the paid preparer to:
Form 1120-ND to report the initial tax. See                 Private delivery services cannot         Give the IRS any information that is 
Part II, Initial Taxes on Self-Dealing (Section     !       deliver items to P.O. boxes. The         missing from the return,
4951), later, to determine if an individual has     CAUTION fund must use the U.S. Postal 
                                                                                                     Call the IRS for information about the 
engaged in self-dealing as a trustee or             Service to mail any item to an IRS P.O. box      processing of the return or the status of any 
disqualified person.                                address.                                         related refund or payment(s), and

Nov 06, 2018                                                      Cat. No. 11508V



- 2 -
Page 2 of 5       Fileid: … /I1120ND/201811/A/XML/Cycle05/source                                             10:57 - 6-Nov-2018

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

Respond to certain IRS notices about             fund uses a third party to make deposits on      Late payment of tax. A fund that doesn’t 
math errors, offsets, and return preparation.      its behalf, they may have different cutoff       pay the tax when due generally may be 
                                                   times.
  The fund is not authorizing the paid                                                              penalized 1/2 of 1% of the unpaid tax for 
preparer to receive any refund check, bind         Same-day wire payment option.      If the        each month or part of a month the tax is not 
the fund to anything (including any additional     fund fails to submit a deposit transaction on    paid, up to a maximum of 25% of the unpaid 
tax liability), or otherwise represent the fund    EFTPS by 8 p.m. Eastern time the day             tax. The penalty won’t be imposed if the fund 
before the IRS.                                    before the date a deposit is due, it can still   can show that the failure to pay on time was 
                                                   make its deposit on time by using the            due to reasonable cause.
  The authorization will automatically end         Federal Tax Collection Service (FTCS).To         Reasonable cause determinations.        If the 
no later than the due date (excluding              use the same-day payment method, the fund        fund receives a notice about penalties after it 
extensions) for filing the fund's subsequent       will need to make arrangements with its          files its return, send the IRS an explanation, 
tax return. If the fund wants to expand the        financial institution ahead of time regarding    and we will determine if the fund meets the 
paid preparer's authorization or revoke            availability, deadlines, and costs. Financial    reasonable cause criteria. Do not attach an 
authorization before it ends, see Pub. 947,        institutions may charge a fee for payments       explanation when the fund files its return.
Practice Before the IRS and Power of               made this way. To learn more about the 
Attorney.                                          information the fund will need to provide to     Other penalties.   Other penalties can be 
Assembling the Return                              its financial institution to make a same-day     imposed for negligence, substantial 
                                                   wire payment, visit the IRS website at           understatement of tax, reportable transaction 
To ensure that the fund's tax return is            IRS.gov/SameDayWire.                             understatements, and fraud. See sections 
correctly processed, attach all schedules                                                           6662, 6662A, and 6663.
after page 2, Form 1120-ND, in alphabetical        Estimated Tax Payments
order followed by other forms in numerical         Generally, the following rules apply to the      Accounting Method
order.                                             fund's payments of estimated tax.                The fund must use the same method of 
  Complete every applicable entry space            The fund must make installment                 accounting as the electing taxpayer.
on Form 1120-ND. Do not write “See                 payments of estimated tax if it expects its 
Attached” instead of completing the entry          total tax for the year (less applicable credits) Rounding Off to Whole Dollars
spaces. If more space is needed on the             to be $500 or more.                              The fund may round off cents to whole 
forms or schedules, attach separate sheets         The installments are due by the 15th day       dollars on its return and schedules. If the 
using the same size and format as the              of the 4th, 6th, 9th, and 12th months of the     fund does round to whole dollars, it must 
printed forms. If there are supporting             tax year. If any date falls on a Saturday,       round all amounts. To round, drop amounts 
statements and attachments, arrange them           Sunday, or legal holiday, the installment is     under 50 cents and increase amounts from 
in the same order as the schedules or forms        due on the next regular business day.            50 to 99 cents to the next dollar. For 
they support and attach them last. Show the        The fund must use electronic funds             example, $1.39 becomes $1 and $2.50 
totals on the printed forms. Enter the fund's      transfers to make installment payments of        becomes $3.
name and employer identification number            estimated tax.                                   If two or more amounts must be added to 
(EIN) on each supporting statement or              Figure the fund's expected modified gross      figure the amount to enter on a line, include 
attachment.                                        income for the tax year. Then multiply the       cents when adding the amounts and round 
                                                   fund's expected modified gross income by 
Tax Payments                                       20% and use Form 1120-W, Estimated Tax           off only the total.
The fund must pay the tax due in full no later     for Corporations, as a worksheet to compute      Recordkeeping
than the due date for filing its tax return (not   estimated tax. See the Instructions for Form     Keep the fund's records for as long as they 
including extensions).                             1120-W.                                          may be needed for the administration of any 
                                                   If the fund overpaid estimated tax, it may     provision of the Internal Revenue Code. 
                                                   be able to get a quick refund by filing Form     Usually, records that support an item of 
Electronic Deposit                                 4466, Corporation Application for Quick          income, deduction, or credit on the return 
Requirement                                        Refund of Overpayment of Estimated Tax.          must be kept for 3 years from the date the 
Nuclear decommissioning funds must use               For more information on estimated tax          return is due or filed, whichever is later. Keep 
electronic funds transfers to make all federal     payments, see the instructions for line 15,      records that verify the fund's basis in 
tax deposits (such as deposits of                  later.                                           property for as long as they are needed to 
employment, excise, and corporate income                                                            figure the basis of the original or replacement 
tax). Generally, electronic funds transfers are    Interest and Penalties                           property.
made using the Electronic Federal Tax 
Payment System (EFTPS). However, if the            Interest. Interest is charged on taxes paid      The fund should keep copies of all filed 
fund does not want to use EFTPS, it can            late even if an extension of time to file is     returns. They help in preparing future and 
arrange for its tax professional, financial        granted. Interest is also charged on penalties   amended returns.
institution, payroll service, or other trusted     imposed for failure to file, negligence, fraud, 
third party to make deposits on its behalf.        substantial valuation misstatements,             Additional Information
Also, it may arrange for its financial institution substantial understatements of tax, and          See the instructions for Form 1120 and Pub. 
to submit a same-day tax wire payment              reportable transaction understatements from      542, Corporations, for more information 
(discussed below) on its behalf. EFTPS is a        the due date (including extensions) to the       about corporations, including additional 
free service provided by the Department of         date of payment. The interest charge is          forms the fund may need to file and how to 
the Treasury. Services provided by a tax           figured at a rate determined under section       get forms and publications.
professional, financial institution, payroll       6621.
service, or other third party may have a fee.      Late filing of return. A fund that doesn’t file 
  To get more information about EFTPS or           its tax return by the due date, including        Specific Instructions
to enroll in EFTPS, visit EFTPS.gov or call        extensions, may be penalized 5% of the 
1-800-555-4477 (TTY/TDD                            unpaid tax for each month or part of a month     Period Covered
1-800-733-4829).                                   the return is late, up to a maximum of 25% of    Enter the tax year in the space provided at 
                                                   the unpaid tax. The minimum penalty for a        the top of the form. For a calendar year, 
Depositing on time. For any deposit made           return that is over 60 days late is the smaller  enter the last two digits of the calendar year 
by EFTPS to be on time, the fund must              of the tax due or $210. The penalty won’t be     in the first entry space. For a fiscal tax year 
submit the deposit by 8 p.m. Eastern time the      imposed if the fund can show that the failure    return, fill in the tax year space at the top of 
day before the date the deposit is due. If the     to file on time was due to reasonable cause.     the form.

                                                                       -2-



- 3 -
Page 3 of 5          Fileid: … /I1120ND/201811/A/XML/Cycle05/source                                          10:57 - 6-Nov-2018

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

Name and Address                                1. When filed to report the income,              Line 6. Taxes. Enter deductible taxes paid 
                                                deductions, and income tax liability of the      or incurred during the tax year, including 
Enter the fund's true name (as set forth in the fund, check the “Fund” box.                      state and local income taxes. Do not deduct 
charter or other legal document creating it), 
address, and EIN on the appropriate lines.      2. When filed by a trustee who is liable         federal income taxes or taxes not imposed 
Enter the address of the fund's principal       for taxes under section 4951, check the          on the fund.
office or place of business. Include the suite, “Trustee” box.
                                                                                                 Line 8. Other deductions. Attach a 
room, or other unit number after the street     3. When filed by a disqualified person           schedule listing by type and amount all 
address. If the post office does not deliver    who is liable for section 4951 tax, check the    allowable deductions that are not deducted 
mail to the street address and the fund has a   “Disqualified person” box.                       elsewhere on Form 1120-ND. Include 
P.O. box, show the box number instead.                                                           investment advisory fees, actuarial 
                                                Item D. Final Return, Name                       expenses, and other administrative 
Note. Do not use the address of the             Change, Address Change, or                       expenses paid or incurred during the tax 
registered agent for the state in which the                                                      year, but do not include decommissioning 
fund is incorporated. For example, if a fund is Amended Return
                                                                                                 costs.
incorporated in Delaware or Nevada and the      Indicate a final return, name change, 
fund's principal office is located in Little    address change, or amended return by             Line 11. Net operating loss deduction. 
Rock, AR, the fund should enter the Little      checking the appropriate box. If you are a       Enter the amount of any net operating loss 
Rock address.                                   trustee or disqualified person reporting         deduction allowed by Regulations section 
                                                section 4951 taxes, omit item D.                 1.468A-4(b)(4), and explain its computation 
  If the return is filed by a trustee or                                                         on an attached schedule.
disqualified person to report section 4951      Note.   If a change in address occurs after 
taxes, enter that person's name and address     the return is filed, use Form 8822-B, Change     Note. The 2-year carryback rule does not 
in the address section.                         of Address or Responsible Party – Business,      apply to net operating losses arising in tax 
  If the fund receives its mail in care of a    to notify the IRS of the new address. See the    years ending after 2017. An exception 
third party (such as an accountant or an        Instructions for Form 8822-B for details.        applies to farmers and non-life insurance 
                                                                                                 companies. See section 172(b) as amended 
attorney), enter on the street address line     Part I. Computation of Fund                      by P.L. 115-97, section 13302.
“C/O” followed by the third party's name and 
street address or P.O. box.                     Income Tax                                       Line 14. Payments.   Generally, no 
  If the corporation has a foreign address,     Income                                           payments are allowed other than those on 
include the city or town, state or province,                                                     lines 14a through 14d and the credit for 
country, and foreign postal code. Do not        Line 1. Taxable interest.  Enter the total       backup withholding.
abbreviate the country name. Follow the         taxable interest income received or accrued 
country's practice for entering the name of     for the year, including any original issue       Backup withholding.  If the fund had 
the state or province and postal code.          discount. Do not include tax-exempt interest     federal income tax withheld from any 
                                                on line 1; but report it as an item of           payments it received because, for example, 
Item A. Employer Identification                 information on Schedule M, line 2d.              it failed to give the payer its correct EIN, 
                                                                                                 include the amount withheld in the total for 
Number (EIN)                                    Line 2. Capital gain net income.       Every     line 14f. Write the amount withheld and the 
Enter the fund's EIN. If the fund does not      sale, exchange, or actual or deemed              words “Backup Withholding” in the blank 
have an EIN, it must apply for one. An EIN      distribution of assets held by the fund must     space above line 14f.
can be applied for:                             be reported in detail on Schedule D (Form 
Online — Click on the EIN link IRS.gov/       1120), Capital Gains and Losses (and Form        Line 15. Estimated tax penalty.      A fund 
EIN. The EIN is issued immediately once the     8949, Sales and Other Dispositions of            that does not make estimated tax payments 
application information is validated.           Capital Assets, if applicable), even if there is when due may be subject to an 
By mailing or faxing Form SS-4,               no gain or loss. The amount realized on an       underpayment penalty for the period of 
Application for Employer Identification         actual or deemed distribution is the fair        underpayment. Use Form 2220, 
Number.                                         market value of the assets as of the date of     Underpayment of Estimated Tax by 
                                                distribution.                                    Corporations, to see if the fund owes a 
  If the fund has not received its EIN by the                                                    penalty and to figure the amount of the 
time the return is due, write “Applied for” and Line 3. Other income.  Enter any other           penalty. If Form 2220 is attached, check the 
the date the fund applied in the space for the  taxable income not reported on line 1 or         box on line 15 and enter the amount of the 
EIN. For more details, see the Instructions     line 2 and explain its nature on an attached     penalty on that line.
for Form SS-4.                                  schedule. If the fund had only one item of 
                                                other income, describe it in parentheses on      Schedule L. Balance Sheets
Item B. Identifying Number of                   line 3.                                          The balance sheets should agree with the 
Trustee or Disqualified Person                                                                   fund's books and records.
If the return is filed by a trustee or          Deductions                                       Schedule M. Other Information
disqualified person to report section 4951      Note.   A deduction is not allowed for certain   Line 1. The term “electing taxpayer” means 
taxes, enter the identifying number of the      expenses allocable to tax-exempt income.         an eligible taxpayer that elects the 
trustee or disqualified person. For an          See section 265. In addition, a deduction is     application of section 468A to deduct 
individual trustee or disqualified person,      not allowed for distributions made to electing   payments made to a nuclear 
enter the individual's social security number.  taxpayers. Report such payments as an item       decommissioning fund. See Regulations 
If the trustee or disqualified person is not an of information on Schedule M, line 2c.           section 1.468A-7 for the rules concerning the 
individual, enter the EIN.                      Liabilities are not treated as incurred prior to election.
                                                the time economic performance takes place. 
Note. Do not complete item B if Form            See section 461(h).                              Line 5. If you are a trustee or disqualified 
1120-ND is filed to report the income,                                                           person (defined later), complete the items 
deductions, and income tax liability of the     Line 5. Trustee fees. Enter the total            included in line 5 to determine if you have 
fund.                                           deductible fees paid or incurred to the          engaged in an act of self-dealing.
                                                trustee(s) for administering the fund during 
Item C. Fund, Trustee, or                       the tax year.
Disqualified Person
Check only the box that applies.

                                                                    -3-



- 4 -
Page 4 of 5           Fileid: … /I1120ND/201811/A/XML/Cycle05/source                                   10:57 - 6-Nov-2018

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

Part II. Initial Taxes on                          4. The payment of amounts remaining in        have been if the disqualified person acted 
                                                 the fund to the electing taxpayer after the     under the highest fiduciary relationship.
Self-Dealing (Section 4951)                      termination of the fund upon the substantial 
Initial taxes on self-dealers                    completion of decommissioning.                  Disqualified person.    The term “disqualified 
                                                                                                 person” means a person who is:
An initial tax of 10% of the amount involved       5. The furnishing of goods, services, or 
(defined later) is imposed on each act of        facilities by a disqualified person to the fund 1. A contributor to the fund.
self-dealing between a disqualified person       if the furnishing is without charge and if the  2. A trustee of the fund.
and a nuclear decommissioning fund for           goods, services, or facilities so furnished are 3. An owner of more than 10% of (a) the 
each tax year (or part of a tax year) in the     exclusively used for the purposes specified     total combined voting power of a 
taxable period. The tax is required to be paid   in section 468A(e)(4).                          corporation, (b) the profits interest of a 
by any disqualified person (other than a           6. The payment of compensation (and           partnership, or (c) the beneficial interest of a 
trustee acting only as a trustee of the trust)   the payment or reimbursement of expenses)       trust or unincorporated business that is a 
who participates in the act of self-dealing.     by the fund to a disqualified person for        contributor to the fund.
                                                 personal services that are reasonable and       4. An officer, director, or employee of a 
Initial taxes on trustee                         necessary to carry out the purposes of the      person who is a contributor to the fund.
                                                 fund and the compensation (or payment or        5. The spouse, ancestor, or a lineal 
A tax of 2 / % of the amount involved is 1 2     reimbursement of expenses) is not               descendant, or a spouse of a lineal 
imposed on a trustee who participates in the     excessive.                                      descendant of an individual described in (1) 
act of self-dealing. The tax is not imposed if     7. A payment by the fund for the              through (4) above.
the trustee unwillingly or due to reasonable     performance of trust functions and certain      6. A corporation of which persons 
cause participated in the act. The tax is        general banking services by a bank or trust     described in (1) through (5) above own more 
computed on all acts of self-dealing that        company that is a disqualified person, if the   than 35% of the total combined voting 
occur within the taxable period. The tax is      banking services are reasonable and             power.
required to be paid by the trustee who           necessary to carry out the purposes of the 
participates in the act.                         fund and the compensation paid to the bank      7. A partnership of which persons 
  Exceptions.   The initial tax on the act of    or trust company is not excessive               described in (1) through (5) above own more 
self-dealing of a disqualified person or a       (considering the fair market interest rate for  than 35% of the profits interests.
trustee is not imposed if the acts of            the use of the funds by the bank or trust       8. A trust or estate of which persons 
self-dealing are corrected within the taxable    company).                                       described in (1) through (5) above own more 
                                                                                                 than 35% of the beneficial interest.
period.                                            The allowable general banking services 
                                                 are:                                            For purposes of (3a) and (6) above, 
Definitions                                      Checking accounts, as long as the bank        indirect stockholders would be taken into 
                                                 does not charge interest on any                 account under section 267(c), except that, 
Self-dealing. When determining if an act is      overwithdrawals;                                for purposes of this paragraph, section 
an act of self-dealing, treat the transfer of    Savings accounts, as long as the fund         267(c)(4) will be treated as providing that the 
personal property by a disqualified person to    may withdraw its money after giving no more     members of the family of an individual are 
the fund as a sale or exchange if the property   than 30 days notice, without losing interest    only those individuals described in (5) 
is subject to a mortgage or similar lien.        for the period the money was on deposit; and    above. For purposes of (3a), (3c), (7), and 
Otherwise, the term “self-dealing” means any     Safekeeping activities (for example, rental   (8) above, the ownership of profits or 
direct or indirect:                              of a safe deposit box).                         beneficial interests will be determined by the 
Sale, exchange, or leasing of real or                                                          rules of constructive ownership of stock 
personal property between the fund and a         Taxable period.  For an act of self-dealing, 
disqualified person;                             the term “taxable period” means the period      provided in section 267(c) (other than 
Lending of money or other extensions of        beginning on the date of the act of             paragraph (3) thereof), except that section 
credit between the fund and a disqualified       self-dealing and ending on the date of the      267(c)(4) will be treated as providing that the 
person;                                          earliest of—                                    members of the family of an individual are 
Furnishing of goods, services, or facilities   The date of mailing of a notice of            only those individuals described in (5) 
between the fund and a disqualified person;      deficiency under section 6212 for the section   above.
Payment of compensation (or payment or         4951 tax,
reimbursement of expenses) by the fund to a      The date on which the tax imposed by          Dispositions of an Interest in a 
disqualified person; and                         section 4951 is assessed, or                    Nuclear Power Plant
Transfers to, or use by or for the benefit     The date correction of the act of 
of, a disqualified person of the income or       self-dealing is completed.                      There are federal income tax consequences 
                                                                                                 when there is a transfer of assets of a 
assets of the fund.                              Amount involved. The term “amount               nuclear decommissioning fund in connection 
Exceptions. Acts of self-dealing do not          involved” means the greater of the amount of    with the sale, exchange, or other disposition 
include:                                         money given (or received) and the fair          of a transferor of all or a portion of its 
                                                 market value of the other property given (or    qualifying interest in a nuclear power plant to 
  1. The payment by the fund for the             received). When services described in           another taxpayer (transferee). If the 
purposes of satisfying, in whole or in part, the section 4951(d)(2)(C) are involved, the         requirements of Regulations section 
liability of the electing taxpayer for           amount involved is only the excess              1.468A-6(b) are met, the federal income tax 
decommissioning costs of the nuclear power       compensation.                                   consequences are the following:
plant.
  2. The withdrawal of excess                    Note. Fair market value is determined as of     1.    No gain or loss. If there is a 
contributions by the electing taxpayer in        the date on which the act of self-dealing       disposition of an interest (wholly or partially) 
accordance with Regulations section              occurs and at the highest market value          in a nuclear power plant, neither the 
1.468A-5(c)(2).                                  during the taxable period.                      transferor or the transferee (or either's fund) 
                                                                                                 will recognize gain, loss, or otherwise take 
  3. The withdrawal of amounts that have         Correction and correct.    The terms            any income or deduction into account 
been treated as distributions to the electing    “correction” and “correct” mean the undoing     because of the transfer of all or some of the 
taxpayer under Regulations section               of an act of self-dealing, to the extent        assets of the transferor's fund. Also, the 
1.468A-5(c)(3).                                  possible, but in any case returning the fund    transfer is not considered a payment or 
                                                 to a financial position no worse than it would 

                                                                  -4-



- 5 -
Page 5 of 5    Fileid: … /I1120ND/201811/A/XML/Cycle05/source                                                     10:57 - 6-Nov-2018

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

contribution of assets by the transferor's fund      (b) A fraction, the numerator of which is       agencies to enforce federal nontax criminal 
(or by the transferee to its fund).                  the number of days in the tax year that         laws and to combat terrorism. If you do not 
2. Basis. Transfers of assets of a fund              precede the date of the disposition, and the    provide this information, or you provide false 
to which Regulations section 1.468A-6                denominator of which is the number of days      or fraudulent information, you may be subject 
applies do not affect basis. The transferee's        in that tax year.                               to penalties.
fund will have a basis in the assets received        4.      Tax year after the year of              You are not required to provide the 
from the transferor equal to the transferor's        disposition. A transferee of, or a transferor   information requested on a form that is 
basis in those assets immediately prior to the       who retains, a qualifying interest in a nuclear subject to the Paperwork Reduction Act 
transfer.                                            power plant, must file a request for a revised  unless the form displays a valid OMB control 
3. Tax year of disposition.                          schedule of ruling amounts for the interest by  number. Books or records relating to a form 
                                                     the deemed payment deadline (defined            or its instructions must be retained as long as 
A. Transferee. If a transferee does not file         above). If the transferee (or the transferor)   their contents may become material in the 
a request for a schedule of ruling amounts by        does not timely file such a request, the        administration of any Internal Revenue law. 
the deemed payment deadline (2 /  months 1 2
                                                     transferee's (or the transferor's) ruling       Generally, tax returns and return information 
after the end of the tax year of the                 amounts for the interest for that tax year will are confidential, as required by section 6103.
disposition), the transferee's ruling amount         be zero.
for the interest acquired is determined by                                                           The time needed to complete and file this 
taking the amount contained in the                   For more information, see Regulations           form will vary depending on individual 
transferor's current schedule of ruling              section 1.468A-6.                               circumstances. The estimated burden for 
amounts for that tax year and that plant                                                             business taxpayers filing this form is 
multiplied by the product of:                        Paperwork Reduction and Privacy Act             approved under OMB control number 
(1) The portion of the transferor's                  Notice. We ask for the information on this      1545-0123 and is included in the estimates 
qualifying interest that is transferred, and         form to carry out the Internal Revenue laws     shown in the instructions for their business 
(2) A fraction, the numerator of which is            of the United States. You are required to give  income tax return. The estimated burden for 
the number of days in the tax year of the            us the information. We need it to ensure that   all other taxpayers who file this form is 
transferor including and following the date of       you are complying with these laws and to        shown below.
the disposition, and the denominator of              allow us to figure and collect the right amount 
which is the number of days in that tax year.        of tax.                                         Recordkeeping                 23 hr., 26 min.
B.Transferor. If a transferor does not file a        Section 4951 of the Internal Revenue            Learning about the law or the 
request for a revised schedule of ruling             Code requires disqualified taxpayers            form                          3 hr., 7 min.
amounts on or before the deemed payment              engaged in self-dealing with a trust to pay     Preparing the form            5 hr., 30 min.
deadline for the tax year of the transferor in       over to the IRS an initial tax. This form is    Copying, assembling, and 
which the disposition of its interest in the         used to report the initial amount of tax that   sending the form to the IRS            32 min.
nuclear power plant occurred (that is, the           you owe. Sections 6001 and 6011 require 
date that is 2 /  months after the close of that 1 2 you to provide the requested information if 
tax year), the transferor's ruling amount with       the tax applies to you. Section 6109 and its 
respect to that plant for that year will equal       regulations require you to provide your         If you have comments concerning the 
the sum of:                                          identifying number. Routine uses of this        accuracy of these time estimates or 
(1) The ruling amount contained in the               information include disclosing it to the        suggestions for making this form simpler, we 
transferor's current schedule of ruling              Department of Justice for civil and criminal    would be happy to hear from you. You can 
amounts with respect to that plant for that tax      litigation and to other federal agencies, as    send us comments from IRS.gov/
year multiplied by the portion of qualifying         provided by law. We may disclose the            FormComments. Or you can write to the 
interest that is retained, if any, and               information to cities, states, the District of  Internal Revenue Service, Tax Forms and 
                                                     Columbia, and U.S. Commonwealths or             Publications Division, 1111 Constitution 
(2) The ruling amount contained in the               possessions to administer their tax laws. We    Ave., NW, IR-6526, Washington, DC 20224. 
transferor's current schedule of ruling              may disclose the information to foreign         Do not send the tax form to this address. 
amounts with respect to that plant for that tax      governments pursuant to tax treaties. We        Instead, see Where To File, earlier.
year multiplied by the product of:                   may disclose the information to contractors 
(a) The portion of the transferor's                  for tax administration purposes. We may also 
qualifying interest that is disposed of and          disclose this information to federal and state 

                                                                       -5-






PDF file checksum: 2691081974

(Plugin #1/8.13/12.0)