Userid: CPM Schema: Leadpct: 100% Pt. size: 9.5 Draft Ok to Print instrx AH XSL/XML Fileid: … ns/I8866/201811/A/XML/Cycle04/source (Init. & Date) _______ Page 1 of 5 8:10 - 25-Sep-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 8866 (Rev. November 2018) Interest Computation Under the Look-Back Method for Property Depreciated Under the Income Forecast Method Section references are to the Internal Revenue in which the property was placed in property was depreciated under the Code unless otherwise noted. service. income forecast method and the entity is not subject to the look-back method at Exception. A tax year is not a the entity level for that property, you General Instructions recomputation year for the property if, must file this form for your tax year that for each year before the recomputation ends with or includes the end of the Future Developments year, the actual income from the entity's recomputation year. The For the latest information about property is within 10% of the estimated pass-through entity will provide on developments related to Form 8866 and income taken into account in Schedule K-1 the information you need its instructions, such as legislation determining the depreciation deduction to complete this form. enacted after they were published, go to for the property under the income IRS.gov/Form8866. forecast method. Change of Taxpayer What's New Additional Costs If the taxpayer deducting depreciation The tax rate used for the interest under the income forecast method computation for individuals, Any costs incurred after the property changes prior to the recomputation corporations, and certain pass-through was placed in service (that is not treated year, the taxpayer as of the end of the entities has changed. See the as separate property—see below) are recomputation year will be responsible instructions for line 6, later. taken into account by discounting (using for the payment of interest, if any, due the federal mid-term rate determined under section 1274(d) as of the time the for any year in which the property was depreciated under the income forecast Purpose of Form cost was incurred) the cost to its value method. Generally, only the taxpayer Use Form 8866 to figure the interest due as of the date the property was placed that had depreciated property under the or to be refunded under the look-back in service. However, you may elect not income forecast method in a year that method of section 167(g)(2) for property to apply this discounting rule to any an overpayment occurred may request placed in service after September 13, property. 1995, that is depreciated under the a refund of interest on the overpayment. income forecast method as described in Separate property. The following section 167(g). costs are treated as separate property. Filing Instructions • Any costs incurred related to any The income forecast method property after the 10th tax year after the Interest You Owe (or No generally is limited to depreciation of: tax year the property was placed in Interest Is To Be Refunded to • Motion picture films, service. You) • Video tapes, • Any other costs incurred if they are If you owe interest, or no interest is to be • Sound recordings, significant and give rise to a significant refunded to you, attach Form 8866 to • Copyrights, increase in the income from the property your income tax return. You do not have • Books, and which was not included in the estimated to sign Form 8866 and the paid preparer • Patents. income from the property. section does not have to be completed. Who Must File Pass-Through Entities For taxpayers other than General Rule A pass-through entity (partnership, S partnerships, include any interest due in You generally must file Form 8866 to corporation, or trust) that is not closely the amount to be entered for total tax figure interest under the look-back held must apply the look-back method (after credits and other taxes) on your method for each recomputation year for at the entity level to any property for return (for example, 2018 Form 1040, property placed in service after which substantially all of the gross line 15; or 2018 Form 1120, Schedule J, September 13, 1995, that you income is from U.S. sources. A line 9d, etc.). Next to the entry space, depreciate under the income forecast pass-through entity is considered write “From Form 8866” and the amount method. closely held if, at any time during any of interest due. tax year for which there is income Exception. The look-back method related to the property, 50% or more (by For partnerships, write “From Form does not apply for any property that had value) of the beneficial interests in the 8866” and any interest due in the an unadjusted basis (total capitalized entity is held (directly or indirectly) by or bottom margin of the tax return, and cost) of $100,000 or less at the end of for five or fewer persons. For this attach a check or money order for the the recomputation year. purpose, rules similar to the constructive full amount payable to “United States ownership rules of section 1563(e) Treasury.” Write the partnership's Recomputation Year apply. employer identification number (EIN), daytime phone number, and “Form A recomputation year is generally the 8866 Interest” on the check or money 3rd and 10th tax years after the tax year If you are an owner of an interest in a order. pass-through entity in which any Sep 24, 2018 Cat. No. 26332N |
Page 2 of 5 Fileid: … ns/I8866/201811/A/XML/Cycle04/source 8:10 - 25-Sep-2018 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Interest To Be Refunded to You Form 8866 shows interest to be Foreign Address If interest is to be refunded to you, do refunded to you, you must: Enter the information in the following not attach Form 8866 to your income tax 1. File an amended tax return order: city, province or state, and return. Instead, file Form 8866 showing $0 interest from Form 8866 country. Follow the country's practice for separately with the IRS at the applicable and entering the postal code. Please do not address listed below. 2. File the corrected Form 8866 abbreviate the country name. • Individuals: separately (but do not write “Amended” at the top of the form because this is the Identifying Number Department of Treasury first Form 8866 that you will file If you are an individual, enter your social Internal Revenue Service separately for this recomputation year). security number. Other filers must use Philadelphia, PA 19255-0001 Follow the filing instructions, earlier, and their EIN. • All others: the amended return instructions for your tax return. Recomputation year column Department of Treasury Enter the month and year for the Internal Revenue Service • If the original Form 8866 shows interest to be refunded to you and the recomputation year listed at the top of Cincinnati, OH 45999-0001 this form. corrected Form 8866 shows interest you Complete the Signature section on owe, you must: Form 8866 following the instructions for 1. File the corrected Form 8866 Columns (a) and (b) the Signature section of your income tax separately (with “Amended” written at Enter at the top of each column the return. If you file a joint return, the the top) showing $0 interest to be ending month and year for: signature of both spouses is required on refunded and • Each tax year prior to the Form 8866. A paid preparer also must recomputation year in which you complete the Signature section. If 2. File an amended income tax additional Forms 8866 are needed (to return and attach a copy of the depreciated property under the income show more than 2 prior tax years), sign corrected Form 8866. Follow the filing forecast method to which this form only the first Form 8866. instructions, earlier, and the amended applies and return instructions for your tax return. • Any other tax year affected by such File Form 8866 by the date you are years. required to file your income tax return Attachments Note. If there are more than 2 prior tax (including extensions). Keep a copy of If you need more space, attach separate Form 8866 and any attached schedules years, attach additional Forms 8866 as sheets to the back of Form 8866. Put for your records. needed. On the additional Forms 8866, your name and identifying number on enter your name, identifying number, each sheet. Filing a Corrected Form and tax year. Complete lines 1 through 8 (as applicable), but do not enter totals 8866 in column (c). Enter totals only in You must file a corrected Form 8866 Specific Instructions column (c) of the first Form 8866. only if the amount shown on line 6 for any prior year changes as a result of an Recomputation Year Line 1 error you made, an income tax Fill in the recomputation year line at the examination, or the filing of an amended top of the form to show the tax year for Do not reduce taxable income or tax return. which this form is being filed. If you were increase a loss on line 1 by any an owner of an interest in a carryback of a net operating loss, net When completing line 1 of the pass-through entity that has depreciated section 1256 contracts loss, or capital corrected Form 8866, follow the one or more properties under the loss, except to the extent that carryback instructions on the form but do not enter income forecast method, enter your tax resulted from or was adjusted by the the adjusted taxable income from line 3 year that ends with or includes the end redetermination of depreciation under of the original Form 8866. When of the entity's recomputation year. the income forecast method for completing line 5 of the corrected Form look-back purposes. 8866, do not include the interest due, if any, from line 10 of the original Form Name Note. The 2-year carryback rule does 8866 that was included in your total tax Enter the name shown on your federal not apply to net operating losses arising when Form 8866 was filed with your tax income tax return for the recomputation in the tax years ending after 2017. An return. year. If you are an individual filing a joint exception applies to farmers and • If both the original and corrected return, also enter your spouse's name non-life insurance companies. See Forms 8866 show interest you owe, file as shown on Form 1040. section 172(b) as amended by P.L. an amended income tax return following 115-97, section 13302. the filing instructions, earlier, and the Address amended return instructions for your tax Enter your address only if you are filing Line 2 return. this form separately. Include the In each column, show a net increase to • If both the original and corrected apartment, suite, room, or other unit taxable income as a positive amount Forms 8866 show interest to be number after the street address. and a net decrease as a negative refunded to you, write “Amended” in the amount. P.O. Box top margin of the corrected Form 8866, and file it separately following the filing Enter your box number instead of your In figuring the net adjustment to be instructions, earlier. street address only if your post office entered in each column on line 2, be • If your original Form 8866 shows does not deliver mail to your home. sure to take into account any other interest you owe and the corrected income and expense adjustments that -2- |
Page 3 of 5 Fileid: … ns/I8866/201811/A/XML/Cycle04/source 8:10 - 25-Sep-2018 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. may result from the increase (or appropriate tax year and the a. In 2017 or earlier 35% decrease) to depreciation under the hypothetical tax would be recomputed b. In 2018 or later 21% income forecast method (for example, in the carryback/forward year. However, for an individual, a change to adjusted the computation period for computing gross income may affect medical interest on NOLs is different. See the expenses). exceptions listed on lines 7 and 8 Lines 7 and 8 below. If there are no adjustments besides For the increase or decrease in tax for the look-back adjustments, the sum of Note. The 2-year carryback rule does each prior year, interest due or to be all line 2 amounts should be zero and not apply to net operating losses arising refunded must be computed at the reflected in column 2(c). If there are in tax years ending after 2017. An applicable interest rate and additional adjustments that result from exception applies to farmers and compounded on a daily basis, generally the application of the look-back, leave non-life insurance companies. See from the due date (not including column 2(c) blank and reflect the section 172(b) as amended by P.L. extensions) of the return for the prior amounts in the schedule below as 115-97, section 13302. year until the earlier of: described in item 3. • The due date (not including extensions) of the return for the Include the following on an attached Lines 4 and 5 recomputation year, or schedule. Reduce the tax liability to be entered on • The date the return for the lines 4 and 5 by allowable credits (other recomputation year is filed and any 1. Identify each property than refundable credits, for example, income tax due for that year has been depreciated under the income forecast the credit for taxes withheld on wages, fully paid. method to which this form applies. the earned income credit, the additional 2. For each property, report in child tax credit, the credit for federal tax Exceptions columns for each prior year: (a) the paid on fuels, etc.), but do not take into • If a net operating loss, capital loss, amount of depreciation previously account any credit carrybacks to the net section 1256 contracts loss, or deducted based on estimated future prior year in computing the amount to credit carryback is being increased or income and (b) the amount of enter on lines 4 and 5 (except to the decreased as a result of the adjustment depreciation allowable for each prior extent of carrybacks that resulted from made to net income due to refiguring year based on actual income earned or were adjusted by the redetermination depreciation under the income forecast before the end of the recomputation of depreciation for look-back purposes). method, the interest due or to be year and estimated future income to be Include on lines 4 and 5 any taxes (such refunded must be computed on the earned after the recomputation year. as alternative minimum tax) required to increase or decrease in tax attributable Total the columns for each prior year be taken into account in the to the change to the carryback only from and show the net adjustment to computation of your tax liability (as the due date (not including extensions) depreciation. originally reported or as redetermined). of the return for the prior year that 3. Identify any other adjustments generated the carryback and not from that result from a change in depreciation Line 6 the due date of the return for the year in under the income forecast method and Pass-through entities. Multiply the which the carryback was absorbed. See show the amounts in the columns for the amount on line 2 by the applicable section 6611(f). affected years so that the net regular tax rate for each prior year • In the case of a decrease in tax on adjustment shown in each column on shown in column (a) or (b). The line 6, if a refund has been allowed for the attached schedule agrees with the applicable regular tax rate is as follows. any part of the income tax liability shown amounts shown on line 2. on line 5 for any year as a result of a net 1. Pass-through entities in which, at all operating loss, capital loss, net section An owner of an interest in a times during the year, more than 50% of 1256 contracts loss, or credit carryback pass-through entity is not required to the interests in the entity are held by to such year, and the amount of the provide the detail listed in 1 and 2 with individuals directly or through other refund exceeds the amount on line 4, respect to prior years. The entity should pass-through entities. The rates for tax interest is allowed on the amount of provide the line 2 amounts with years beginning: Schedule K-1 or on a separate such excess only until the due date (not including extensions) of the return for statement for its recomputation year. a. In 2000 or earlier 39.6% the year in which the carryback arose. Note. Taxpayers reporting line 2 b. In 2001 39.1% amounts from more than one c. In 2002 38.6% Note. If a different method of interest Schedule K-1 (or a similar statement) d. In 2003 through computation must be used to produce must attach a schedule detailing by 2012 35.0% the correct result in your case, use that entity the net change to depreciation e. In 2013 through method and attach an explanation of under the income forecast method. 2017 39.6% how the interest was computed. f. In 2018 or later 37.0% Applicable Interest Rates Line 3 The overpayment rate designated under If line 3 results in a negative amount, it Section 6621 is used to calculate the represents a look-back net operating 2. All other pass-through entities not interest for both hypothetical loss (NOL). The adjustment in line 2 included in 1 above: overpayments and underpayments. The either created, increased, or decreased applicable interest rates are published the net operating loss. The change in quarterly in revenue rulings in the the amount of the net operating loss would be carried back or forward to the -3- |
Page 4 of 5 Fileid: … ns/I8866/201811/A/XML/Cycle04/source 8:10 - 25-Sep-2018 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Internal Revenue Bulletin available at Table 1 forecast method. Sections 6001 and IRS.gov. Interest Rates for Non-corporate 6109 and their regulations require you Taxpayers to provide this information, including However, for depreciation deducted your identifying number, if this provision in tax years ending after August 5, 1997, From Through Rate Table Page applies to you. If you do not file Form an interest rate is determined for each 1/1/08 3/31/08 7% 67 621 interest accrual period. The interest 4/1/08 6/30/08 6% 65 619 8866, do not provide the information we accrual period starts on the day after the 7/1/08 9/30/08 5% 63 617 ask for, or provide fraudulent 10/1/08 12/31/08 6% 65 619 information, you may forfeit any refund return due date (not including 1/1/09 3/31/09 5% 15 569 of interest otherwise owed to you and extensions) for each prior tax year and 4/1/09 12/31/10 4% 13 567 be subject to other penalties. ends on the return due date for the 1/1/11 3/31/11 3% 11 565 following tax year. The interest rate in 4/1/11 9/30/11 4% 13 567 You are not required to provide the effect for the entire interest accrual 10/1/11 12/31/11 3% 11 565 information requested on a form that is period is the overpayment rate 1/1/12 12/31/12 3% 59 613 1/1/13 12/31/15 3% 11 565 subject to the Paperwork Reduction Act determined under section 6621(a)(1) 1/1/16 3/31/16 3% 59 613 unless the form displays a valid OMB applicable on the first day of the interest 4/1/16 12/31/16 4% 61 615 control number. Books or records accrual period. 1/1/17 3/31/18 4% 13 567 relating to a form or its instructions must 4/1/18 9/30/18 5% 15 569 be retained as long as their contents Even though the interest rates may become material in the change quarterly, for look-back Table 2 administration of any Internal Revenue purposes the interest rate stays the Interest Rates for Corporate law. Generally, tax returns and return same for the accrual period which is Increases or Decreases in Tax of information are confidential, as required generally one year. The applicable $10,000 or Less by section 6103. However, section 6103 interest rates for non-corporate sometimes permits or requires us to taxpayers are shown in Table 1 (for From Through Rate Table Page interest accrual periods beginning after 1/1/08 3/31/08 6% 65 619 disclose this information. Jan. 1, 2008). 4/1/08 6/30/08 5% 63 617 We may give the information to the 7/1/08 9/30/08 4% 61 615 The applicable interest rates for 10/1/08 12/31/08 5% 63 617 Department of Justice and to other corporate taxpayers for the first $10,000 1/1/09 3/31/09 4% 13 567 federal agencies, as provided by law. 4/1/09 12/31/10 3% 11 565 We may give it to cities, states, the are shown in Table 2. The applicable 1/1/11 3/31/11 2% 9 563 District of Columbia, and U.S. interest rates for corporate taxpayers for 4/1/11 9/30/11 3% 11 565 commonwealths or possessions to carry amounts in excess of $10,000 are 10/1/11 12/31/11 2% 9 563 shown in Table 3. 1/1/12 12/31/12 2% 57 611 out their tax laws. We may give it to 1/1/13 12/31/15 2% 9 563 foreign governments because of tax 1/1/16 3/31/16 2% 57 611 treaties they have with the United Line 9 4/1/16 12/31/16 3% 59 613 States. We also may disclose this Additional interest to be refunded for 1/1/17 3/31/18 3% 11 565 information to federal and state periods after the due date of the return, 4/1/18 9/30/18 4% 13 567 agencies to enforce federal nontax if any, will be computed by the IRS and criminal laws and to combat terrorism. included in your refund. Report the Table 3 amount on line 9 (or the amount Interest Rates for Corporate The time needed to complete and file refunded by the IRS if different) as Increases or Decreases in Tax this form will vary depending on interest income on your income tax Exceeding $10,000 individual circumstances. The estimated return for the tax year in which it is burden for individual taxpayers filing this received or accrued. From Through Rate Table Page form is approved under OMB control 1/1/08 3/31/08 4.5% 62 616 number 1545-0074 and is included in Line 10 4/1/08 6/30/08 3.5% 60 614 the estimates shown in the instructions 7/1/08 9/30/08 2.5% 58 612 for their individual income tax return. Corporations (other than S 10/1/08 12/31/08 3.5% 60 614 The estimated burden for all other corporations) may deduct this amount 1/1/09 3/31/09 2.5% 10 564 (or the amount computed by the IRS if 4/1/09 12/31/10 1.5% 8 562 taxpayers who file this form is shown different) as interest expense for the tax 1/1/11 3/31/11 0.5% – – below. year in which it is paid or incurred. For 4/1/11 9/30/11 1.5% 8 562 10/1/11 3/31/16 0.5% – – individuals and other taxpayers, this 4/1/16 12/31/16 1.5% 56 610 Recordkeeping 7 hr., 39 min. interest is not deductible. 1/1/17 3/31/18 1.5% 8 562 Learning about the law 4/1/18 9/30/18 2.5% 10 564 or the form 1 hr., 33 min. Privacy Act and Paperwork Reduc- Preparing, copying, tion Act Notice. We ask for the assembling, and information on this form to carry out the sending Internal Revenue laws of the United the form to the IRS 2 hr., 56 min. States. We need it to ensure that you are complying with these laws and to figure and collect or refund the correct If you have comments or suggestions amount of interest. Section 167(g) for making this form simpler, we would provides special rules for computing be happy to hear from you. You can interest under the look-back method for send us comments from IRS.gov/ property depreciated under the income FormComments. Or you can send us -4- |
Page 5 of 5 Fileid: … ns/I8866/201811/A/XML/Cycle04/source 8:10 - 25-Sep-2018 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. your comments to: Internal Revenue 1111 Constitution Ave.; NW; IR-6526; the tax form to this office. Instead, see Service; Tax Forms and Publications Washington, DC 20224. Do not send Filing Instructions, earlier. Division: SE:W:CAR:MP:T; -5- |