Userid: CPM Schema: Leadpct: 100% Pt. size: 9.5 Draft Ok to Print instrx AH XSL/XML Fileid: … ns/I8866/201309/A/XML/Cycle04/source (Init. & Date) _______ Page 1 of 4 14:31 - 30-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 8866 Internal Revenue Service (Rev. September 2013) (Use with the August 2012 revision of Form 8866) Interest Computation Under the Look-Back Method for Property Depreciated Under the Income Forecast Method Section references are to the Internal Revenue Recomputation Year purpose, rules similar to the constructive Code unless otherwise noted. ownership rules of section 1563(e) A recomputation year is generally the apply. 3rd and 10th tax years after the tax year General Instructions in which the property was placed in If you are an owner of an interest in a service. Future Developments pass-through entity in which any For the latest information about Exception. A tax year is not a property was depreciated under the developments related to Form 8866 and recomputation year for the property if, income forecast method and the entity its instructions, such as legislation for each year before the recomputation is not subject to the look-back method at enacted after they were published, go to year, the actual income from the the entity level for that property, you www.irs.gov/form8866. property is within 10% of the estimated must file this form for your tax year that income taken into account in ends with or includes the end of the determining the depreciation deduction What's New entity's recomputation year. The for the property under the income pass-through entity will provide on Form 8866 is not being revised at this forecast method. Schedule K-1 the information you need time. Continue to use the August 2012 to complete this form. revision of Form 8866 with these updated instructions. Additional Costs The tax rate used for the interest Any costs incurred after the property Change of Taxpayer computation for individuals and certain was placed in service (that is not treated If the taxpayer deducting depreciation pass-through entities has changed. See as separate property—see below) is under the income forecast method the instructions for line 6, later. taken into account by discounting (using changes prior to the recomputation the Federal mid-term rate determined year, the taxpayer as of the end of the Purpose of Form under section 1274(d) as of the time the recomputation year will be responsible Use Form 8866 to figure the interest due cost was incurred) the cost to its value for the payment of interest, if any, due or to be refunded under the look-back as of the date the property was placed for any year in which the property was method of section 167(g)(2) for property in service. However, you may elect not depreciated under the income forecast placed in service after September 13, to apply this discounting rule to any method. Generally, only the taxpayer 1995, that is depreciated under the property. that had depreciated property under the income forecast method as described in Separate property. The following income forecast method in a year that section 167(g). costs are treated as separate property. an overpayment occurred may request a refund of interest on the overpayment. Any costs incurred related to any The income forecast method property after the 10th tax year after the generally is limited to depreciation of: tax year the property was placed in Filing Instructions Motion picture films, service. Interest You Owe (or No Video tapes, Any other costs incurred if they are Interest Is To Be Refunded to Sound recordings, significant and give rise to a significant Copyrights, increase in the income from the property You) Books, and which was not included in the estimated If you owe interest, or no interest is to be Patents. income from the property. refunded to you, attach Form 8866 to your income tax return. You do not have Who Must File Pass-Through Entities to sign Form 8866 and the paid preparer section does not have to be completed. General Rule A pass-through entity (partnership, S You generally must file Form 8866 to corporation, or trust) that is not closely For taxpayers other than figure interest under the look-back held must apply the look-back method partnerships (that are not electing large method for each recomputation year for at the entity level to any property for partnerships), include any interest due property placed in service after which substantially all of the gross in the amount to be entered for total tax September 13, 1995, that you income is from U.S. sources. A (after credits and other taxes) on your depreciate under the income forecast pass-through entity is considered return or (for example, 2012 Form 1040, method. closely held if, at any time during any line 61; or 2012 Form 1120, Schedule J, tax year for which there is income line 9d, etc.). Next to the entry space, Exception. The look-back method related to the property, 50% or more (by write “From Form 8866” and the amount does not apply for any property that had value) of the beneficial interests in the of interest due. an unadjusted basis (total capitalized entity is held (directly or indirectly) by or cost) of $100,000 or less at the end of for five or fewer persons. For this For partnerships (other than electing the recomputation year. large partnerships), write “From Form Aug 30, 2013 Cat. No. 26332N |
Page 2 of 4 Fileid: … ns/I8866/201309/A/XML/Cycle04/source 14:31 - 30-Aug-2013 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 8866” and any interest due in the an amended income tax return following return, also enter your spouse's name bottom margin of the tax return, and the filing instructions, earlier, and the as shown on Form 1040. attach a check or money order for the amended return instructions for your tax full amount payable to “United States return. Address Treasury.” Write the partnership's If both the original and corrected Enter your address only if you are filing employer identification number (EIN), Forms 8866 show interest to be this form separately. Include the daytime phone number, and “Form refunded to you, write “Amended” in the apartment, suite, room, or other unit 8866 Interest” on the check or money top margin of the corrected Form 8866, number after the street address. order. and file it separately following the filing instructions, earlier. P.O. Box Interest To Be Refunded to You If your original Form 8866 shows Enter your box number instead of your If interest is to be refunded to you, do interest you owe and the corrected street address only if your post office not attach Form 8866 to your income tax Form 8866 shows interest to be does not deliver mail to your home. return. Instead, file Form 8866 refunded to you, you must: separately with the IRS at the applicable Foreign Address address listed below. 1. File an amended tax return showing $0 interest from Form 8866 Enter the information in the following Individuals: order: city, province or state, and and country. Follow the country's practice for Department of Treasury 2. File the corrected Form 8866 entering the postal code. Please do not Internal Revenue Service separately (but do not write “Amended” abbreviate the country name. Philadelphia, PA 19255-0001 at the top of the form because this is the first Form 8866 that you will file Identifying Number All others: separately for this recomputation year). If you are an individual, enter your social Follow the filing instructions, earlier, and security number. Other filers must use Department of Treasury the amended return instructions for your their EIN. Internal Revenue Service tax return. Cincinnati, OH 45999-0001 Recomputation year column If the original Form 8866 shows interest to be refunded to you and the Enter the month and year for the Complete the Signature section on corrected Form 8866 shows interest you recomputation year listed at the top of Form 8866 following the instructions for owe, you must: this form. the Signature section of your income tax return. If you file a joint return, the 1. File the corrected Form 8866 signature of both spouses is required on separately (with “Amended” written at Columns (a) and (b) Form 8866. A paid preparer must also the top) showing $0 interest to be Enter at the top of each column the complete the Signature section. If refunded and ending month and year for: Each tax year prior to the additional Forms 8866 are needed (to 2. File an amended income tax recomputation year in which you show more than 2 prior tax years), sign return and attach a copy of the depreciated property under the income only the first Form 8866. corrected Form 8866. Follow the filing forecast method to which this form instructions, earlier, and the amended applies and File Form 8866 by the date you are return instructions for your tax return. required to file your income tax return Any other tax year affected by such years. (including extensions). Keep a copy of Attachments Form 8866 and any attached schedules for your records. If you need more space, attach separate Note. If there are more than 2 prior tax sheets to the back of Form 8866. Put years, attach additional Forms 8866 as your name and identifying number on needed. On the additional Forms 8866, Filing a Corrected Form each sheet. enter your name, identifying number, 8866 and tax year. Complete lines 1 through You must file a corrected Form 8866 8 (as applicable), but do not enter totals only if the amount shown on line 6 for Specific Instructions in column (c). Enter totals only in any prior year changes as a result of an column (c) of the first Form 8866. error you made, an income tax Recomputation Year examination, or the filing of an amended Fill in the recomputation year line at the Line 1 tax return. top of the form to show the tax year for Do not reduce taxable income or which this form is being filed. If you were increase a loss on line 1 by any When completing line 1 of the an owner of an interest in a carryback of a net operating loss, net corrected Form 8866, follow the pass-through entity that has depreciated section 1256 contracts loss, or capital instructions on the form but do not enter one or more properties under the loss, except to the extent that carryback the adjusted taxable income from line 3 income forecast method, enter your tax resulted from or was adjusted by the of the original Form 8866. When year that ends with or includes the end redetermination of depreciation under completing line 5 of the corrected Form of the entity's recomputation year. 8866, do not include the interest due, if the income forecast method for look-back purposes. any, from line 10 of the original Form Name 8866 that was included in your total tax Enter the name shown on your Federal Line 2 when Form 8866 was filed with your tax income tax return for the recomputation In each column, show a net increase to return. year. If you are an individual filing a joint If both the original and corrected taxable income as a positive amount Forms 8866 show interest you owe, file -2- |
Page 3 of 4 Fileid: … ns/I8866/201309/A/XML/Cycle04/source 14:31 - 30-Aug-2013 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. and a net decrease as a negative Line 3 compounded on a daily basis, generally amount. If line 3 results in a negative amount, it from the due date (not including In figuring the net adjustment to be represents a look-back net operating extensions) of the return for the prior entered in each column on line 2, be loss (NOL). The adjustment in line 2 year until the earlier of: sure to take into account any other either, created, increased, or decreased The due date (not including income and expense adjustments that the net operating loss. The change in extensions) of the return for the may result from the increase (or the amount of the net operating loss recomputation year, or decrease) to depreciation under the would be carried back or forward to the The date the return for the income forecast method (for example, appropriate tax year and the recomputation year is filed and any for an individual, a change to adjusted hypothetical tax would be recomputed income tax due for that year has been gross income may affect medical in the carryback/forward year. However, fully paid. expenses). the computation period for computing Exceptions interest on NOLs is different. See the If there are no adjustments besides exceptions listed on lines 7 and 8 If a net operating loss, capital loss, the look-back adjustments, the sum of below. net section 1256 contracts loss, or all line 2 amounts should be zero and credit carryback is being increased or decreased as a result of the adjustment reflected in column 2(c). If there are Lines 4 and 5 made to net income due to refiguring additional adjustments that result from Reduce the tax liability to be entered on the application of the look-back, leave depreciation under the income forecast lines 4 and 5 by allowable credits (other column 2(c) blank and reflect the method, the interest due or to be than refundable credits, for example, amounts in the schedule below as refunded must be computed on the the credit for taxes withheld on wages, described in item 3. increase or decrease in tax attributable the earned income credit, the additional to the change to the carryback only from Include the following on an attached child tax credit, the credit for Federal tax the due date (not including extensions) schedule. paid on fuels, etc.), but do not take into of the return for the prior year that 1. Identify each property account any credit carrybacks to the generated the carryback and not from depreciated under the income forecast prior year in computing the amount to the due date of the return for the year in method to which this form applies. enter on lines 4 and 5 (except to the which the carryback was absorbed. See extent of carrybacks that resulted from section 6611(f). 2. For each property, report in or were adjusted by the redetermination In the case of a decrease in tax on columns for each prior year: (a) the of depreciation for look-back purposes). line 6, if a refund has been allowed for amount of depreciation previously Include on lines 4 and 5 any taxes (such any part of the income tax liability shown deducted based on estimated future as alternative minimum tax) required to on line 5 for any year as a result of a net income and (b) the amount of be taken into account in the operating loss, capital loss, net section depreciation allowable for each prior computation of your tax liability (as 1256 contracts loss, or credit carryback year based on actual income earned originally reported or as redetermined). to such year, and the amount of the before the end of the recomputation year and estimated future income to be refund exceeds the amount on line 4, earned after the recomputation year. Line 6 interest is allowed on the amount of Total the columns for each prior year Pass-through entities. Multiply the such excess only until the due date (not and show the net adjustment to amount on line 2 by the applicable including extensions) of the return for depreciation. regular tax rate for each prior year the year in which the carryback arose. shown in column (a) or (b). The 3. Identify any other adjustments applicable regular tax rate is as follows. Note. If a different method of interest that result from a change in depreciation computation must be used to produce under the income forecast method and 1. Pass-through entities in which, at all show the amounts in the columns for the times during the year, more than 50% of the correct result in your case, use that affected years so that the net the interests in the entity are held by method and attach an explanation of adjustment shown in each column on individuals directly or through other how the interest was computed. the attached schedule agrees with the pass-through entities. The rates for tax Applicable Interest Rates amounts shown on line 2. years beginning: The overpayment rate designated under An owner of an interest in a Section 6621 is used to calculate the pass-through entity is not required to a. In 2000 or earlier ..... 39.6% interest for both hypothetical provide the detail listed in 1 and 2 with b. In 2001 ............ 39.1% overpayments and underpayments. The respect to prior years. The entity should c. In 2002 ........... 38.6% applicable interest rates are published provide the line 2 amounts with d. In 2003 through quarterly in revenue rulings in the Schedule K-1 or on a separate 2012 ............... 35.0% Internal Revenue Bulletin available at statement for its recomputation year. e. In 2013 or later ...... 39.6% IRS.gov. However, for depreciation deducted Note. Taxpayers reporting line 2 2. All other pass-through entities not in tax years ending after August 5, 1997, amounts from more than one included in 1 above: 35%. Schedule K-1 (or a similar statement) an interest rate is determined for each interest accrual period. The interest must attach a schedule detailing by Lines 7 and 8 accrual period starts on the day after the entity the net change to depreciation For the increase or decrease in tax for return due date (not including under the income forecast method. each prior year, interest due or to be extensions) for each prior tax year and refunded must be computed at the ends on the return due date for the applicable interest rate and following tax year. The interest rate in -3- |
Page 4 of 4 Fileid: … ns/I8866/201309/A/XML/Cycle04/source 14:31 - 30-Aug-2013 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. effect for the entire interest accrual Table 2 information, you may forfeit any refund period is the overpayment rate Interest Rates for Corporate of interest otherwise owed to you and determined under section 6621(a)(1) be subject to other penalties. applicable on the first day of the interest Increases or Decreases in Tax of accrual period. $10,000 or Less You are not required to provide the information requested on a form that is Even though the interest rates From Through Rate Table Page subject to the Paperwork Reduction Act change quarterly, for look-back 1/1/04 3/31/04 3% 59 613 unless the form displays a valid OMB purposes the interest rate stays the 4/1/04 6/30/04 4% 61 615 control number. Books or records same for the accrual period which is 7/1/04 9/30/04 3% 59 613 relating to a form or its instructions must generally one year. The applicable 10/1/04 12/31/04 4% 61 615 be retained as long as their contents 1/1/05 3/31/05 4% 13 567 interest rates for non-corporate 4/1/05 9/30/05 5% 15 569 may become material in the taxpayers are shown in Table 1 (for 10/1/05 6/30/06 6% 17 571 administration of any Internal Revenue interest accrual periods beginning after 7/1/06 12/31/07 7% 19 573 law. Generally, tax returns and return Jan. 1, 2004). 1/1/08 3/31/08 6% 65 619 information are confidential, as required 4/1/08 6/30/08 5% 63 617 by section 6103. However, section 6103 The applicable interest rates for 7/1/08 9/30/08 4% 61 615 10/1/08 12/31/08 5% 63 617 sometimes permits or requires us to corporate taxpayers for the first $10,000 1/1/09 3/31/09 4% 13 567 disclose this information. are shown in Table 2. The applicable 4/1/09 12/31/10 3% 11 565 interest rates for corporate taxpayers for 1/1/11 3/31/11 2% 9 563 We may give the information to the amounts in excess of $10,000 are 4/1/11 9/30/11 3% 11 565 Department of Justice and to other shown in Table 3. 10/1/11 12/31/11 2% 9 563 Federal agencies, as provided by law. 1/1/12 12/31/12 2% 57 611 We may give it to cities, states, the 1/1/13 9/30/13 2% 9 563 Line 9 District of Columbia, and U.S. commonwealths or possessions to carry Additional interest to be refunded for Table 3 out their tax laws. We may give it to periods after the due date of the return, if any, will be computed by the IRS and Interest Rates for Corporate foreign governments because of tax included in your refund. Report the Increases or Decreases in Tax treaties they have with the United amount on line 9 (or the amount Exceeding $10,000 States. We may also disclose this refunded by the IRS if different) as information to Federal and state interest income on your income tax From Through Rate Table Page agencies to enforce Federal nontax return for the tax year in which it is 1/1/04 3/31/04 1.5% 56 610 criminal laws and to combat terrorism. received or accrued. 4/1/04 6/30/04 2.5% 58 612 7/1/04 9/30/04 1.5% 56 610 The time needed to complete and file Line 10 10/1/04 12/31/04 2.5% 58 612 this form will vary depending on 1/1/05 3/31/05 2.5% 10 564 individual circumstances. The estimated Corporations (other than S 4/1/05 9/30/05 3.5% 12 566 burden for individual taxpayers filing this corporations) may deduct this amount 10/1/05 6/30/06 4.5% 14 568 form is approved under OMB control (or the amount computed by the IRS if 7/1/06 12/31/07 5.5% 16 570 different) as interest expense for the tax 1/1/08 3/31/08 4.5% 62 616 number 1545-0074 and is included in 4/1/08 6/30/08 3.5% 60 614 the estimates shown in the instructions year in which it is paid or incurred. For 7/1/08 9/30/08 2.5% 58 612 for their individual income tax return. individuals and other taxpayers, this 10/1/08 12/31/08 3.5% 60 614 The estimated burden for all other interest is not deductible. 1/1/09 3/31/09 2.5% 10 564 taxpayers who file this form is shown 4/1/09 12/31/10 1.5% 8 562 Table 1 1/1/11 3/31/11 0.5% – – below. 4/1/11 9/30/11 1.5% 8 562 Interest Rates for Non-corporate 10/1/11 9/30/13 0.5% – – Recordkeeping....... 7 hr., 39 min. Taxpayers Learning about the law From Through Rate Table Page Privacy Act and Paperwork Reduc- or the form .........1 hr., 33 min. 1/1/04 3/31/04 4% 61 615 tion Act Notice. We ask for the 4/1/04 6/30/04 5% 63 617 information on this form to carry out the Preparing, copying, 7/1/04 9/30/04 4% 61 615 Internal Revenue laws of the United assembling, and 10/1/04 12/31/04 5% 63 617 States. We need it to ensure that you sending 1/1/05 3/31/05 5% 15 569 are complying with these laws and to the form to the IRS ...2 hr., 56 min. 4/1/05 9/30/05 6% 17 571 10/1/05 6/30/06 7% 19 573 figure and collect or refund the correct 7/1/06 12/31/07 8% 21 575 amount of interest. Section 167(g) If you have comments concerning the 1/1/08 3/31/08 7% 67 621 provides special rules for computing accuracy of these time estimates or 4/1/08 6/30/08 6% 65 619 interest under the look-back method for suggestions for making this form 7/1/08 9/30/08 5% 63 617 property depreciated under the income simpler, we would be happy to hear 10/1/08 12/31/08 6% 65 619 forecast method. Sections 6001 and from you. You can write to the Internal 1/1/09 3/31/09 5% 15 569 4/1/09 12/31/10 4% 13 567 6109 and their regulations require you Revenue Service, Tax Forms and 1/11/11 3/31/11 3% 11 565 to provide this information, including Publications Division, 1111 Constitution 4/1/11 9/30/11 4% 13 567 your identifying number, if this provision Ave., NW, IR-6526, Washington, DC 10/1/11 12/31/11 3% 11 565 applies to you. If you do not file Form 20224. Do not send your tax forms to 1/1/12 12/31/12 3% 59 613 8866, do not provide the information we this address. Instead, see Filing 1/1/13 9/30/13 3% 11 565 ask for, or provide fraudulent Instructions, earlier. -4- |