Userid: CPM Schema: instrx Leadpct: 100% Pt. size: 9 Draft Ok to Print AH XSL/XML Fileid: … ns/i8985/202112/a/xml/cycle03/source (Init. & Date) _______ Page 1 of 8 7:00 - 9-Dec-2021 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 8985 and Form 8985-V (Rev. December 2021) Pass-Through Statement—Transmittal/Partnership Adjustment Tracking Report (Required Under Sections 6226 and 6227) For use with Form 8985 and Form 8985-V (December 2019) Contents Page requirements, and explanations of how to section 1101 of the Bipartisan Budget Act What’s New . . . . . . . . . . . . . . . . . . 1 report positive and negative adjustments, of 2015 (BBA). Purpose of Form . . . . . . . . . . . . . . . 1 section 199A amounts, and Schedule K-3 Designated individual (DI) is the (Form 1065) amounts. individual through whom an entity Definitions . . . . . . . . . . . . . . . . . . . 1 partnership representative acts. General Instructions . . . . . . . . . . . . . 2 Extended due date of the AAR Who Should Prepare Form Purpose of Form 8985 . . . . . . . . . . . . . . . . . 2 Form 8985 is used to summarize and partnership’s adjustment year return Who Must Sign Form 8985 . . . . . 2 transmit Forms 8986, Partner's Share of is, for purposes of Form 8985, the Where To Submit Form Adjustment(s) to Partnership-Related extended due date of the AAR 8985 . . . . . . . . . . . . . . . . . 2 Item(s), by an audited partnership, partnership’s adjustment year return Due Dates . . . . . . . . . . . . . . . . 2 administrative adjustment request (AAR) regardless of whether the partnership is Pass-Through Partners That partnership, or pass-through partner. required to file a return for the adjustment Make a Payment . . . . . . . . . . 2 Form 8985 is also used to report payment year or timely filed a request for an Pass-Through Partners That made and related calculations by a extension. Push Out Adjustments to pass-through partner. Extended due date of the audited partnership’s adjustment year return Their Partners . . . . . . . . . . . 3 Form 8985-V is used by a pass-through is, for purposes of Form 8985, the Specific Instructions . . . . . . . . . . . . . 3 partner to submit a tax payment related to extended due date of the audited Part I—Information About a BBA exam or BBA AAR. partnership’s adjustment year return Entity Submitting This regardless of whether the partnership is Form . . . . . . . . . . . . . . . . . 4 Part II—Information About Definitions required to file a return for the adjustment the Audited Partnership AAR partnership is a BBA partnership year or timely filed a request for an or the Partnership That (see below) which has filed an AAR under extension. Filed an AAR . . . . . . . . . . . . 4 section 6227. Finally determined. The partnership Part III—Information About AAR partnership’s adjustment year is adjustment(s) become finally determined the Pass-Through Partner the partnership tax year that includes the upon the expiration of the time to file a Submitting This Form date the AAR was filed with the IRS. petition under section 6234 or, if a petition 8985 . . . . . . . . . . . . . . . . . 4 Affected partner is a partner that held an is filed under section 6234, the date when Signature . . . . . . . . . . . . . . . . 4 interest in the pass-through partner entity the court’s decision becomes final or the Part IV—Partners’ Total at any time during the tax year of the date the closing agreement is entered into Reviewed Year Income, pass-through partner to which the between the IRS and the partnership. Gain, Loss, Deduction, adjustments in the statement relate. First affected year is the partner’s tax Credits, and Other Items . . . . . 5 year that includes the end of the audited Audited partnership, for purposes of Part IV—Applicable Form 8985, is a BBA partnership that partnership’s reviewed year(s). Each Penalties . . . . . . . . . . . . . . . 5 reviewed year of an audited partnership Part V—Statements . . . . . . . . . . 5 made the election under section 6226 to have its partners report their share of should have a corresponding first affected Instructions for Form 8985-V (Tax adjustments to partnership-related items. year for each partner. Payment by a Pass-Through Imputed underpayment (IU) is the Partner) . . . . . . . . . . . . . . . . . 8 Audited partnership’s adjustment year Purpose of Form 8985-V . . . . . . . 8 is the year that includes the date the court amount determined under sections 6225, Specific Instructions for decision became final, if the partnership 6226, and 6227, and the regulations Form 8985-V . . . . . . . . . . . . 8 petitioned the tax court. Otherwise, it is the thereunder. Where To Submit Form year that includes the date the final Partnership representative (PR) is the 8985-V . . . . . . . . . . . . . . . . 8 partnership adjustment (FPA) letter was person designated by the partnership or Section references are to the Internal Revenue mailed, the AAR was made, or the FPA by the IRS under section 6223 and the Code unless otherwise noted. waiver was executed by the IRS. regulations thereunder to act on behalf of Adjustments that do not result in an IU a BBA partnership. Future Developments A partnership adjustment does not result Pass-through partner is a pass-through For the latest information about in an imputed underpayment (IU) if the entity that holds an interest, either directly developments related to Forms 8985 and result of netting with respect to any or indirectly, in a partnership. 8985-V and their instructions, such as grouping or subgrouping that includes the Pass-through entities include legislation enacted after they were particular partnership adjustment is a net partnerships, S corporations, trusts, and published, go to IRS.gov/Form8985. negative adjustment. decedents’ estates. For purposes of Form BBA AAR is an administrative adjustment 8985, a pass-through entity is not a wholly request filed by a BBA partnership. owned entity disregarded as separate What’s New BBA partnership is a partnership that is from its owner for federal tax purposes or This revision of the Instructions for Form subject to the centralized partnership audit a trust that is wholly owned by only one 8985 includes updates on electronic filing regime that was enacted into law by person. Dec 09, 2021 Cat. No. 69666K |
Page 2 of 8 Fileid: … ns/i8985/202112/a/xml/cycle03/source 7:00 - 9-Dec-2021 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Reporting year is the partner’s tax result of an examination. If a BBA adjustments to its partners or has year(s) that includes the date the audited partnership makes a push out election, adjustments that do not result in an IU partnership furnished the Forms 8986, and the PR or DI for the reviewed year has must include Forms 8985 and the related Partner’s Share of Adjustment(s) to changed or you would like to make a Forms 8986 with its AAR. Partnership-Related Item(s), to its change, submit Form 8979 by attaching it Pass-through partners. Direct and partners. to the push out election, Form 8988 (which indirect pass-through partners must Reviewed year is the audited must be submitted electronically). If the submit Form 8985 by the extended due partnership’s tax year to which the PR or DI for the reviewed year changes date of the audited partnership’s partnership adjustment(s) relates. between the time the push out election is adjustment year return (or the extended Reviewed year adjustments are made and when the Form 8985 is due date of the AAR partnership’s adjustments originating from the submitted, fax the Form 8979 separately adjustment year return). This date can be partnership’s reviewed year(s). to 888-981-6982, and in Part V of the found in Part II, item F, of the Form 8986 Reviewed year partner is any person Form 8985 (which must be submitted that was received by the pass-through that held an interest in the audited electronically) include a statement partner. Failure to submit by the due date partnership at any time during the indicating that the PR or DI has changed may result in a penalty. A pass-through partnership’s reviewed year. and the date the Form 8979 was faxed. partner can submit a corrected Form 8985 Where To Submit Form 8985 and the related Forms 8986, if applicable, General Instructions within 60 days of the due date for the Audited partnerships and initially submitted forms without IRS Who Should Prepare Form 8985 pass-through partners of audited part- permission. If corrected Forms 8985 need The following persons or entities should nerships. Section 6241(10) gives the IRS to be submitted after the 60-day correction prepare Form 8985. authority to require electronic submission period, the audited partnership must • Audited partnerships that have made of anything required to be filed or contact the IRS for permission to submit. an election under section 6226. submitted under section 6226(a). Audited • Direct or indirect pass-through partners BBA partnerships and their pass-through Pass-Through Partners That that receive a Form 8986 related to an partners are required to submit Forms Make a Payment audited partnership, regardless of whether 8985 and 8986 electronically. From the If a pass-through partner receives a Form they furnish statements to their partners or BBA website, IRS.gov/BBAPartnerships, 8986 as a result of an audited partnership, choose to pay in lieu of furnishing search for “Electronic Submission of it can take into account the adjustments statements to their partners. Forms by Audited BBA Partnerships and reflected in the Form 8986 by paying the • Partnerships that file an AAR under Their Pass-Through Partners” for steps IU, including all applicable penalties and section 6227 and either elect to push out required to submit electronically. interest, and submitting Form 8985 by the the resulting adjustments to their partners or have adjustments that do not result in AAR partnerships. AAR partnerships extended due date of the audited an IU. that are electing to push out adjustments partnership’s adjustment year return. A • Direct or indirect pass-through partners to their partners or have adjustments that pass-through partner that chooses to pay that receive a Form 8986 related to an do not result in an IU must include Form an IU should not issue related Forms 8986 AAR partnership. 8985 with their AAR along with Forms to its partners, with one exception noted in 8986. The Forms 8985 and 8986 must be the next paragraph, but should still Who Must Sign Form 8985 filed with, and in the same manner as, the complete Part IV of Form 8985. If prepared by an audited partnership or AAR. If a pass-through partner receives a an AAR partnership, Form 8985 should be Pass-through partners of an AAR part- Form 8986 as a result of an AAR signed by the authorized PR or DI for the nership. Pass-through partners of an partnership, it can take into account the reviewed tax year. If prepared by a AAR partnership must submit Form 8985 adjustments reflected in the Form 8986 by pass-through partner, Form 8985 should to the IRS by fax at 888-981-6982, with or paying the IU, including all applicable be signed by an individual who has the without Forms 8986, as applicable. penalties and interest, and submitting authority to sign the partner’s information Form 8985 by the extended due date of return. If the pass-through partner is a Due Dates the AAR partnership’s adjustment year BBA partnership, this should be signed by Audited partnerships. An audited return. However, adjustments that do not the pass-through partner’s PR or DI for the partnership that has made an election result in an IU shown on the Form 8986 first affected year. under section 6226 must submit Form that are related to an AAR must be pushed Special instructions for pass-through 8985 and the related Forms 8986 to the out. partners. If the PR or DI shown on the IRS no later than 60 days after the date on In Part III, item F, the appropriate box pass-through partner's first affected year which the partnership adjustments are must be checked and payment information tax return has changed or you would like finally determined. Failure to submit Forms must be reflected. In Part V, include a to make a change, submit a Form 8979 8986 by the due date results in the audited statement or statements showing how the authorizing the change. If the Form 8985 partnership being liable for the IU. IU, penalties, and interest were figured. you are submitting is related to an AAR An audited partnership can submit See below for how to figure these filing, the Form 8979 should be included corrected Forms 8985 and the related amounts. with the Form 8985. However, if the Form corrected Forms 8986 within 60 days of Pass-through partner’s calculation of 8985 is related to a BBA audit, fax the the due date for the initially submitted the IU. If a pass-through partner chooses Form 8979 separately to 888-981-6982, forms without IRS permission. If corrected to make a payment rather than push out and in Part V of the Form 8985 (which statements need to be submitted after the the adjustments to its partners, payment is must be submitted electronically) include 60-day correction period, the audited figured in the same manner as an IU is a statement indicating that the PR or DI partnership must contact the IRS for figured under Regulations section has changed and the date the Form 8979 permission to submit. 301.6225-1 by treating all the adjustments was faxed. AAR partnerships. An AAR partnership reflected on the Form 8986 received by Special instructions for a BBA partner- that either elects to push out the resulting the pass-through partner as partnership ship making a push out election as a adjustments for the first affected year of -2- Instructions for Form 8985 (Rev. 12-2021) |
Page 3 of 8 Fileid: … ns/i8985/202112/a/xml/cycle03/source 7:00 - 9-Dec-2021 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. the pass-through partner. Any extended due date of MJ’s 2023 return is However you choose to pay, identify modifications approved by the IRS with September 15, 2024. your payment by checking the appropriate respect to an audited partnership involving M takes into account her share of the box on Form 8985-V. partners of the pass-through partner adjustments reflected on the Form 8986 • Payment submitted by a pass-through (which are indirect partners of the audited furnished by MJ on her reporting year partner due to an audited partnership partnership) should be taken into account 2023 individual tax return. should be identified as “BBA exam push in this calculation. Adjustments that do not out.” result in an IU are taken into account by J’s first affected year return was due on Payment submitted by a pass-through • the pass-through partner in the tax year March 15, 2021. J did not file for an partner due to an AAR partnership should that includes the date of payment. extension. Assume the short-term federal be identified as “BBA AAR push out.” However, adjustments that do not result in interest rate from March 15, 2021, to April an IU shown on the Form 8986 that are 1, 2024, is 2.5%. J adds 5% (3% from Pass-Through Partners That related to an AAR must be pushed out. A section 6621; 2% from section 6226) to Push Out Adjustments to Their detailed calculation must be included in this rate to obtain 7.5% as its applicable Part V of the Form 8985 filed with the IRS. interest rate which is compounded daily. Partners Pass-through partners of an AAR Also assume that the highest income tax If a pass-through partner pushes out the partnership cannot include modifications rate for a U.S. person as of December 31, adjustment(s) to its partners, it must push in the calculation. 2020, is 37%. On April 1, 2024, J decides out all of the adjustment(s). The to account for the adjustments by paying appropriate box must be checked in Part Pass-through partner’s calculation of an IU and submitting the Form 8985 to the III, item F, of Form 8985. It must also penalties and interest. Pass-through IRS. J determines that because the IU provide Forms 8986 to its partners and to partners that make a payment must figure exceeds the threshold amount in section the IRS by the extended due date of the and pay applicable penalties on the 6662(d), the penalty must be included in audited partnership’s (or AAR amounts due, treating such amounts as its payment. On Form 8985, J checks partnership’s) adjustment year return. The IUs for the pass-through partner’s first box 1 in Part III, item F, figures an IU, and push out package submitted to the IRS affected year. To find out which penalties includes a statement with the calculation should include the summary Form 8985 apply, pass-through partners should refer details in Part V. J figures the IU, related and all related Forms 8986 that were to the penalty sections of Part V of the penalty, and interest from March 15, 2021, provided to the partners. See the Form 8986 that they received. as shown in the following table. Instructions for Form 8986. Pass-through partners that make a Note. The following do not apply to payment must pay interest on the IU Example Calculation of Amount partnerships and pass-through partners (including all applicable penalties) as if the Due, Penalty, and Interest by submitting Form 8985 as part of an AAR. IU was due on the due date of the first affected year. Interest is figured from the Pass-Through Partner • The audit control number and tracking due date of the pass-through partner’s number fields. return for the first affected tax year and is Total adjustments net of $100,000 • Modifications in Part IV of Form 8985. modifications compounded daily until it is paid. The interest on the penalties is also figured Multiplied by highest 37% Specific Instructions income tax rate in effect from the same due date unless the on 12/31/2020 Original or corrected. At the top of Form pass-through partner filed for an extension Equals IU (additional $37,000 8985, check the appropriate box to in the first affected year, in which case it tax) indicate if the form is an original or should be figured from that date. The Multiplied by penalty 20% corrected. A corrected Form 8985 must be interest is figured at the underpayment rate under section 6662 submitted if a corrected Form 8986 rate under section 6621(a)(2), but Equals penalty on IU $7,400 impacts the sum of the total adjustments substituting “five percentage points” for Total IU and penalty $44,400 of all Forms 8986. “three percentage points.” Pass-through partners that are making a payment as Interest at 7.5% from $11,408 Withholding for foreign partners. An 03/15/2021 to audited partnership or an AAR partnership part of an AAR should use the rate under 04/1/2024 on total IU may have withholding and reporting section 6621(a)(2) without making this and penalty obligations if it furnishes a Form 8986 to a substitution. Total amount due $55,808 reviewed year partner that includes an Example calculation of amount due, adjustment subject to withholding under penalty, and interest by pass-through J makes a payment of $55,808 partner. On October 12, 2023, MJ, an electronically at IRS.gov and obtains a chapter 3 (Withholding of Tax on audited partnership, timely furnishes confirmation number which it enters in the Nonresident Aliens and Foreign Forms 8986 to its partners and submits space provided in Part III, item F, of Form Corporations) or chapter 4 (Taxes to them to the IRS. The Forms 8986 reflect 8985, along with the amount of additional Enforce Reporting on Certain Foreign the partners’ share of partnership tax, penalties, and interest. Since J has Accounts). See the Instructions for Form adjustments as finally determined in the accounted for its share of the audit 8986 for more information. FPA it received from the IRS for reviewed adjustments by making a payment and Incoming tracking number and outgo- year ending December 31, 2020. The submitting Form 8985, it does not have to ing tracking number. These fields are to Forms 8986 sent to partners M (an issue Forms 8986 to its partners. be filled out by an audited BBA individual) and J (a partnership) each Payments by pass-through partners. partnership or a pass-through partner of reflect a partnership adjustment of Go to IRS.gov/Payments for payment an audited partnership. These fields do $100,000 to ordinary income. The options. If submitting a check or money not apply to AAR partnerships or statements also indicate that the order, use Form 8985-V. See the pass-through partners of AAR substantial understatement penalty under instructions for Form 8985-V at the end of partnerships. The incoming tracking section 6662(d) applies and no these instructions. number is completed by a pass-through modifications were approved. The partner of an audited BBA partnership only and is the tracking number shown on the Form 8986 received by the pass-through Instructions for Form 8985 (Rev. 12-2021) -3- |
Page 4 of 8 Fileid: … ns/i8985/202112/a/xml/cycle03/source 7:00 - 9-Dec-2021 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. partner. The outgoing tracking number enter 1 of X, with X being the total number Item E—Enter the tax identification needs to be completed by an audited of batches submitted for the outgoing number of the entity that issued the Form partnership or a pass-through partner of tracking number shown at the top of the 8986 to the pass-through partner, if an audited BBA partnership that is issuing form. In the second batch submitted, do different from the audited partnership or Forms 8986 to its partners/owners. A not check box D; enter 2 of X in box E, and AAR partnership in Part II. unique outgoing tracking number must be so forth for all subsequent batches. Each Item F—Indicate if the pass-through obtained for each push out package batch must have the same outgoing partner is making a payment or issuing submitted by an audited BBA partnership tracking number (and incoming tracking Forms 8986 to its partners by checking the or pass-through partner of an audited BBA number, if applicable). appropriate box 1 or 2. If the pass-through partnership. From the BBA website, partner is making a payment, a statement IRS.gov/BBAPartnerships, search for Part II—Information About the must be included in Part V with a detailed “Electronic Submission of Forms by Audited Partnership or the calculation of the IU plus any applicable Audited BBA Partnerships and Their Partnership That Filed an AAR penalties and interest. An IU calculation is Pass-Through Partners” for instructions on Item A—On lines 1–6, enter the name and not needed if pushing out all the how to obtain an outgoing tracking address of the partnership. In the state adjustments. If paying electronically, number. field, enter the two-letter abbreviation for check box 3 and enter the electronic Audit control number. Enter the audit the U.S. state or the full name of the payment confirmation number in the control number that is provided on foreign province. U.S. partnerships leave space provided. If paying by check or correspondence with the IRS. the country code field blank. Foreign money order, check box 4 and enter the Pass-through partners can locate this partnerships enter the country code found check number in the space provided. number at the top of the Form 8986 they at Foreign Country Codes. Signature received. AAR partnerships, including Item B—On lines 1–7, enter the name, pass-through partners of an AAR address, city, state, ZIP code, and phone Non-electronically submitted forms. If partnership, should leave this field blank. number of the PR. If the PR is an entity, the form is prepared by an audited provide the name, address, city, state, ZIP partnership or an AAR partnership, the Part I—Information About code, and phone number of the DI instead authorized PR or DI for the reviewed year Entity Submitting This Form of the information about the PR. should sign and date Form 8985. If the Item A—Indicate which entity is issuing Item C—Enter the partnership’s tax form is prepared by a pass-through this form by checking the appropriate box. identification number. partner, it should be signed and dated by Item B—Check the box that corresponds Item D—Enter the tax year end date of the an individual who has the authority to sign to the type of return normally filed by the reviewed year of the partnership. Each the tax return. If the pass-through partner entity issuing this form. If Other, also reviewed year should have a separate is a BBA partnership, it should be signed indicate the type of return filed on the line Form 8985. This form must be completed by its PR or DI for the first affected year. provided. for reviewed years that have adjustments Electronically submitted forms. For Item C—Enter the number of Forms 8986 related to an audit or an AAR. audited BBA partnerships and that are associated with only this Form Item E—Enter the partnership’s pass-through partners of audited BBA 8985. Pass-through partners of an audited adjustment year ending date. partnerships that electronically submit BBA partnership that choose to make a Item F—Enter the extended due date of forms, the PR or DI for the first affected payment instead of issuing Forms 8986 the partnership’s adjustment year tax year e-sign the form by entering their must enter a zero in this box. return, regardless of whether the 5-digit PIN in the signature block. The Items D and E—These fields are to be partnership has filed for an extension. For 5-digit PIN is the number that is filled out only by an audited BBA AAR partnerships, this will be the self-selected during the Transmitter partnership or a pass-through partner of extended due date of the tax year the AAR Control Code (TCC) application step as an audited BBA partnership. Generally, was filed. described in the multi-step process for box D should be checked, and you should Item G—Enter the date the partnership electronic submission as described on the enter 1 of 1 in box E. furnished the Forms 8986 to its partners. BBA website, IRS.gov/BBAPartnerships. Note. Pass-through partners of an Part III—Information About the Name of person signing form. The audited BBA partnership that make a Pass-Through Partner typed name of the person signing the form payment instead of issuing Forms 8986 Submitting This Form 8985 must exactly match the name entered during the TCC application step for will not need to include any Forms 8986. Item A—On lines 1–6, enter the electronic submission. For example, if the They should also check box D and enter 1 pass-through partner’s name and name entered during the TCC application of 1 in box E. address. In the state field, enter the step is John T. Smith, the typed name on Special instructions for audited BBA two-letter abbreviation for the U.S. state or the form must be John T. Smith, not John partnerships or pass-through partners the full name of the foreign province. U.S. Smith, JT Smith, etc. of audited BBA partnerships with more partnerships leave the country code field than 500 partners submitting push out blank. Foreign partnerships enter the Title & Date. Enter your title and the Forms 8985 and 8986 (batched sub- country code found at Foreign Country date the form is being signed. mission). There is a limitation regarding Codes. the size of files that can be filed Item B—Enter the pass-through partner’s Telephone number. Enter a daytime electronically in a single submission. If the tax identification number. telephone number. submission exceeds that size, the Item C—Enter the pass-through partner’s Name of entity partnership submission must be split into multiple tax year end to which the adjustments representative (if applicable). If the PR batches. In this situation, each batch of relate. is an entity, enter the entity name. Forms 8986 must have an associated Item D—Enter the name of the entity that Form 8985. The Form 8985 included in issued the Form 8986 to the pass-through Balance sheet adjustments. Any the first batch will be considered the partner, if different from the audited adjustments to balance sheet items summary Form 8985, and for this Form partnership or AAR partnership in Part II. (including changes to the type of a liability between recourse and nonrecourse) 8985, box D should be checked. In box E, -4- Instructions for Form 8985 (Rev. 12-2021) |
Page 5 of 8 Fileid: … ns/i8985/202112/a/xml/cycle03/source 7:00 - 9-Dec-2021 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. made as a result of a BBA audit should be Column (g), Approved modifications— Part IV—Applicable Penalties shown in a separate statement in Part V Enter the total modifications approved by The applicability of penalties is using a per-return, adjustment, and the IRS with respect to the item adjusted. determined at the audited partnership or corrected amount format. Modifications related to the filing of an AAR partnership level. In the penalties AAR should not be shown in this column. section of Part IV, enter the penalty code Part IV—Partners’ Total With respect to Schedule K-3, do not enter sections, descriptions, rates, adjustment Reviewed Year Income, Gain, an amount in this column. line numbers, and total adjustment amount Loss, Deduction, Credits, and Column (h), Net (column (f) minus to which the penalty applies. column (g))—Enter the amount in column Other Items (f) less the amount in column (g). This is Part V—Statements Note. Adjustments that increase a the reviewed year adjustments net of The purpose of this part is to provide Schedule K-1 (Form 1065) item as approved modifications. With respect to additional space to add statements where originally reported, or as corrected, must Schedule K-3, do not enter an amount in needed. In general, if a statement was be shown as positive numbers. this column. included to support the original Adjustments that decrease Schedule K-1 (Form 1065) items should be shown as Loans and other items recharacterized Schedule K, the same statement should negative numbers. as distributions to partners. If a be shown here if any item on that Part IV should include summary figures reviewed year adjustment has been made statement changed as a result of the audit. of the total amounts of the Forms 8986 to change a partner loan or other item to a This part can also be used by that are related to this Form 8985. For partner distribution, this adjustment should pass-through partners that choose to audited partnerships and AAR be reported with the column (a) line calculate and pay an IU, and for partnerships, this part should include the number that corresponds to the adjustments that do not have a sum of all adjustments included in the Schedule K-1 “Distributions” category and corresponding Schedule K-1 line number. Forms 8986 sent to the partners. For with column (c) code A for cash Column (a), Line no./code—List the pass-through partners, the amounts in this distributions if the partner received money corresponding Schedule K-1, Part IV, part should equal the amounts shown on and as a code C if the partner received column (a), line number and column (c) the Form 8986 that was received by the property other than money. code (if applicable) for each item for which a statement is included. pass-through partner. For columns (a)–(c), Disguised sale adjustments. Column (b), Statement—Include a refer to the relevant Schedule K-1 and Distributions to a partner that were detailed explanation of the amount(s) or instructions. See below for special changed as part of an audit proceeding to calculation(s) that corresponds to the item instructions for changes to Schedules K-2 disguised sale proceeds under section in column (a). and K-3 (Form 1065). For each item that 707 should be reported with the column was adjusted, enter the following. (a) line number that corresponds to the Supporting schedules and statements Column (a), Line number—The Schedule K-1, Other category, and with should be in a format that shows the Schedule K-1 line number that was column (c) code DS. The partnership original amount, the net change, and the adjusted. If you have changes to should also include a statement in Part V correct amount for each item listed in the Schedule K-3, enter “K3” (no dash). describing the asset that was sold, the statement. If any column (b) statements Column (b), Line title—The title of the proceeds, and the tax basis of the asset at exceed the space allowable in one box, Schedule K-1 item that was adjusted. For the time of the contribution. continue in the next box with the same adjustments to Schedule K-3 (Form 1065), information in column (a). enter the part, section (if applicable), line, Note. If the adjustments cannot be fully and column reference. reflected in Part VI, fax a separate This Part V should also be used if a Column (c), Code—Enter the code statement(s), and enter a note in Part VI pass-through partner is choosing to figure letters listed in the Schedule K-1 indicating that you have faxed the and pay an IU. Pass-through partners that instructions that correspond to the line statement(s) to 888-981-6982 are choosing to pay an IU should enter number shown in column (a). For “Part III F” in column (a) and a detailed adjustments to Schedule K-3, if Special instructions for changes to calculation in column (b). For a change to applicable, enter the country code. See Schedules K-2 and K-3. The Form 8985 liabilities or other balance sheet items, the Schedule K-3 instructions. If no is a summary of all adjustments on the enter "Part IV F" in the line number field of specific code applies, enter “NA.” related Forms 8986. This is similar to Part V of the Form 8985 (statements Column (d), As reported—Enter the Schedule K-2 with respect to the related section) and attach a statement describing original aggregate amount reported to the Schedules K-3. Adjustments to the the original amounts reported, partners on their Schedules K-1 or as Schedule K-2 should be reflected on Form adjustments, and corrected aggregate previously corrected by the partnership. 8985 and to the Schedule K-3 on Form balance sheet items. For a change to With respect to Schedule K-3, do not enter 8986. capital accounts, enter "Part IV G" in Part an amount in this column. See the Instructions for the Form 8986 V and attach a statement describing the Column (e), Check if statement in Part for examples of how Schedule K-3 aggregate original amounts reported, V—Check the box in this column if the adjustments should be reported. The adjustments, and corrected amounts. item shown in column (a) has a related Schedule K-2 (summary of Statements that need to be sent sepa- corresponding statement in Part V. For Schedule K-3) adjustments should be rately by fax. Adjustments that cannot be adjustments to Schedule K-3, enter an reported in the same manner on the Form fully reflected in Part V can be faxed explanation of the adjustment on Part V of 8985. separately to 888-981-6982. All faxed Form 8985 with reference to the entry on Note. If the adjustments cannot be fully statements to be associated with Forms Part IV, column (b). reflected in Part V, fax a separate 8985 and 8986 should have the following Column (f), Reviewed year statement(s), and enter a note in Part V information at the top of the statement. adjustments as finally determined— indicating that you have faxed the • Form number the statement relates to Enter the total reviewed year adjustments statement(s) to 888-981-6982. (8985 or 8986). corresponding to the line item in column • Submitting entity name. (a). With respect to Schedule K-3, do not • Partner's tax identification number (if enter an amount in this column. related to a Form 8986). Instructions for Form 8985 (Rev. 12-2021) -5- |
Page 6 of 8 Fileid: … ns/i8985/202112/a/xml/cycle03/source 7:00 - 9-Dec-2021 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • Tax year (should be the same as the in Part V of the Form 8985. These figures qualified items of income, gain, deduction, year on Form 8985/8986, Part II, item D). should reflect the aggregate amount of and loss and W-2 wages allocable to • Audit control number (if applicable). section 199A items reported separately to qualified payments. Section 199A(g) All changes should be reported in the the partners on Forms 8986. deductions are reported as a cumulative “Description, Line Number, Amount amount and not per qualified trade or Reported, Adjustments, and As Note. Section 199A dividends are business. These should only be included Corrected” format. reported as a cumulative amount and not once in the first statement of adjustments per qualified trade or business. These to items allocable to qualified payments Statements related to section 199A in- should only be included once in the first attached to Form 8985, regardless of how formation. section 199A statement attached to Form many statements may be necessary. 8985, regardless of how many statements Note. If the adjustments cannot be fully may be necessary. reflected in Part V, fax a separate Examples statement to 888-981-6982. Each trade or business should indicate Example 1—Push out of section if it is a publicly traded partnership (PTP), Adjustments that increase or decrease 199A-related audit adjustments. aggregated, or specified service trade or section 199A information reported to the Assume partnership ABC has one trade or business (SSTB). See the Instructions for partners must be shown in a separate business that is an SSTB and is not a Schedule K-1 (Form 1065) or the statement for each trade or business or patron in a specified agricultural or Instructions for Schedule K-1 (Form each aggregated trade or business. horticultural cooperative. On its filed 1120-S). Partnerships may aggregate trades or return, partnership ABC reported the items businesses for purposes of computing If the partnership is a patron of a shown in Example 1. Section 199A QBI, UBIA, and W-2 wages. The choice to specified agricultural or horticultural Related Amounts Generated by the aggregate must be made on an originally cooperative, the partnership must also Partnership as a summary of all the filed tax return. See below for an example include a statement for each trade or section 199A related amounts generated of the information that should be included business identifying the adjustment(s) to by the partnership. Example 1. Section 199A Related Amounts Generated by the Partnership EIN: PTP Aggregated ■ SSTB Summary of section 199A items before audit adjustments: QBI or qualified PTP items subject to partner-specific determinations: Ordinary business income (loss) $400,000 Rental income (loss) $20,000 Royalty income (loss) Section 1231 gain (loss) $100,000 Other deductions $160,000 W-2 wages $100,000 UBIA of qualified property $120,000 Section 199A dividends $10,000 Assume the adjustments per audit Assume that all of the adjustments are include in Part V of the Form 8985 the increased ordinary income by $20,000 determined to be qualified items of information shown in Example 1. Part V of and royalty income by $10,000, and income, gain, deduction, and loss at the Form 8985. decreased other deductions by $40,000. partnership level. Partnership ABC should Example 1. Part V of Form 8985 EIN: As Reported Net Adjustments As Corrected Summary of section 199A items before PTP PTP audit Aggregated Aggregated adjustments: ■ SSTB ■ SSTB QBI or qualified PTP items subject to partner-specific determinations: Ordinary business income (loss) $400,000 $20,000 $420,000 Rental income (loss) $20,000 $20,000 Royalty income (loss) $10,000 $10,000 Section 1231 gain (loss) $100,000 $100,000 Other deductions $160,000 ($40,000) $120,000 W-2 wages $100,000 $100,000 -6- Instructions for Form 8985 (Rev. 12-2021) |
Page 7 of 8 Fileid: … ns/i8985/202112/a/xml/cycle03/source 7:00 - 9-Dec-2021 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. UBIA of qualified property $120,000 $120,000 Section 199A dividends $10,000 $10,000 Example 2—Pass-through partner’s partner received the adjustments shown in Form 8986 that showed its share of calculation of IU from Form 8986 Example 2. Part V of Form 8986 on a adjustments from an audit. received. Assume a pass-through Example 2. Part V of Form 8986 (a) (b) (c) (d) (e) (f) Line Line title Code* As reported Check If Reviewed year adjustments as number statement finally determined in Part VI 1 Ordinary Income—Increase $ 50,000 $100,000 13 Other Deductions—Decrease $100,000 –$50,000 9a Long-Term Capital $25,000 –$20,000 Gains—Decrease 15 Line 15a, LIH Credit—Decrease $3,000 –$2,000 15 Line 15e, Rental $0 $1,000 Credits—Increase The pass-through partner should figure Example 2. Worksheet for Pass-Through an IU for these adjustments as shown in Partner IU Calculation. Example 2. Worksheet for Pass-Through Partner IU Calculation Adjustments by Subgroup Description Positive Adjustments Adjustments that did not result in an IU Ordinary Income, Schedule K-1, Line 1 Increase to Income $100,000 Other Deductions, Line 13 Decrease to Other Deductions $50,000 Long-Term Capital Gains, Decrease to Long-Term Capital Gains –$20,000 Schedule K-1, Line 9a Adjustments Before Credits $150,000 Applicable Tax Rate 37% IU amount before credits $55,500 Low Inc. Housing Credit, Schedule K-1, Decrease to LIH Credits $2,000 Line 15a Other Rental Credits, Schedule K-1, Increase to Other Rental Credits –$1,000 Line 15e Total Adjustments to Credits $2,000 Adjustments to Creditable Expenditures $0 IU $57,500 Note. For the purposes of the Forms should report amounts that did not result adjustments should be reported. The 8985 and 8986, increases and in an IU. related Schedule K-2 (summary of (decreases) to the item as reported are Schedules K-3) adjustments should be reflected as increases or (decreases) on Special Instructions for reported in the same manner on Form the form. However, for the purposes of the Changes to Schedule K-2 or 8985. IU calculation, an adjustment is shown as Schedule K-3 (Form 1065) Note. If the adjustments cannot be fully a positive amount if it would increase the Form 8985 is a summary of all reflected in Part V, fax a separate income tax of any taxpayer, and as a adjustments on the related Forms 8986. statement(s), and enter a note in Part V negative or an amount that not did not This is similar to Schedule K-2 with indicating that you have faxed the result in an IU if it decreases tax. Any respect to the related Schedules K-3. statement(s) to 888-981-6982. adjustment to a balance sheet item is Adjustments to Schedule K-2 should be treated as a positive adjustment. Also note reflected on Form 8985 and adjustments that separate Schedule K-1 line items are to Schedule K-3 should be reflected on in separate subgroups that should not be Form 8986. netted for the purposes of the calculation. See above for how pass-through partners See the Instructions for the Form 8986 for examples of how Schedule K-3 Instructions for Form 8985 (Rev. 12-2021) -7- |
Page 8 of 8 Fileid: … ns/i8985/202112/a/xml/cycle03/source 7:00 - 9-Dec-2021 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Name of pass-through partner—Enter out the Internal Revenue laws of the Instructions for Form the name shown on Form 8985, Part III, United States. You are required to give us 8985-V (Tax Payment by a item A. the information. We need it to ensure that Pass-through partner’s applicable tax you are complying with these laws and to Pass-Through Partner) year ending date—Enter the date shown allow us to figure and collect the right Purpose of Form 8985-V on Form 8985, Part III, item C. amount of tax. Audit control number—Enter the Form 8985-V should be included with a number, if any, shown at the top of Form You are not required to provide the check or money order submitted as 8985. information requested on a form that is payment made by a direct or indirect Partner’s TIN—Enter the partner’s tax subject to the Paperwork Reduction Act pass-through partner of an audited identification number from Form 8985, unless the form displays a valid OMB partnership or an AAR partnership. Part III, item B. control number. Books or records relating Specific Instructions for Form Type of return filed—Check the box that to a form or its instructions must be corresponds to the box that is checked in retained as long as their contents may 8985-V Part I, item B, of Form 8985. become material in the administration of Type of payment—Check the Address, city, state, ZIP code, and any Internal Revenue law. Generally, tax appropriate box in the upper left of Form foreign country—Enter the information returns and return information are 8985-V to indicate the type of payment shown on Form 8985, Part III, item A. confidential, as required by section 6103. being made. This information can be Partner’s representative—Enter the found in Part I, item A, of Form 8985. If name and phone number of the individual The time needed to complete and file box 2 of Form 8985, Part I, item A, is who signed Form 8985. this form will vary depending on individual checked, select “BBA exam push out.” If circumstances. The estimated burden for box 4 is checked, select “BBA AAR push Where To Submit Form 8985-V business taxpayers filing this form is out.” Mail Form 8985-V along with your check approved under OMB control number Payment due date—Enter the date or money order to: 1545-0123 and is included in the shown in the corresponding Form 8985, estimates shown in the instructions for Part II, item F. Department of the Treasury their business income tax return. Imputed underpayment, penalties, and Internal Revenue Service interest—Enter the amounts shown on Ogden, UT 84201-0011 If you have comments concerning the the Form 8985, Part III, item F, for accuracy of these time estimates or additional tax, penalties, and interest. Checks and money orders should be suggestions for making this form simpler, Amount you are paying—Enter the total made payable to “United States Treasury.” we would be happy to hear from you. See that you are paying of the additional tax, the instructions for the tax return with penalties, and interest from Form 8985, Paperwork Reduction Act Notice. We which this form is filed. Part III, item F. ask for the information on this form to carry -8- Instructions for Form 8985 (Rev. 12-2021) |