Enlarge image | Userid: CPM Schema: Leadpct: 100% Pt. size: 10 Draft Ok to Print instrx AH XSL/XML Fileid: … ns/i8979/202312/a/xml/cycle07/source (Init. & Date) _______ Page 1 of 4 14:08 - 8-Dec-2023 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 8979 (Rev. December 2023) For use with Form 8979 (December 2018) Partnership Representative Revocation, Designation, and Resignation Form Section references are to the Internal Revenue Code Substantial presence in the United States. A person unless otherwise noted. has substantial presence in the United States if the person: Future Developments 1. Makes themselves available to meet in person with For the latest information about developments related to the IRS in the United States at a reasonable time and Form 8979 and its instructions, such as legislation place as determined by the IRS in accordance with enacted after they were published, go to IRS.gov/ Regulations section 301.7605-1; Form8979. 2. Has a U.S. taxpayer identification number (TIN); General Instructions and 3. Has a U.S. street address and a telephone number Purpose of Form with a U.S. area code. Form 8979 is used by the partnership to revoke a partnership representative or designated individual, or to Who May File designate a partnership representative when no Partnerships. A partnership (through an authorized partnership representative is in effect. It is also used by person for the tax year for which the partnership the partnership representative or designated individual to representative designation is in effect) may submit Form resign. 8979 to revoke the current designation or appointment A partnership must designate a partnership and designate a successor partnership representative or representative on the partnership's return filed for the appoint a successor designated individual, or both. Also, if partnership tax year. At any time of the partnership tax no partnership representative designation is in effect, year, there can be only one designated partnership including a failure to designate a partnership representative. The designation of a partnership representative on the originally filed Form 1065, the representative remains in effect until the designation is partnership (through an authorized person for the tax terminated by a valid revocation, a valid resignation, or a year) may submit Form 8979 to designate a partnership determination by the IRS that the designation is not in representative. effect. If the Form 8979 is submitted with an administrative adjustment request (AAR), the designation is treated as Partnership Representative occurring prior to the filing of the AAR and effective on the A partnership may designate any person, including an date the AAR is filed. See the AAR bullet information entity or itself, to be the partnership representative. If the under When To File, later. partnership designates an entity as the partnership Authorized person. An authorized person is a person representative (entity partnership representative), the who was a partner at any time during the partnership tax partnership is required to appoint an individual year to which the revocation or designation relates. (designated individual) as the sole individual to act on behalf of the entity partnership representative. Partnership representatives or designated individu- als. A partnership representative or designated Both the partnership representative and designated individual may submit Form 8979 to resign. individual must have substantial presence in the United States. When To File Note. A partnership that is subject to the centralized Form 8979 should only be filed as discussed partnership audit regime of the Bipartisan Budget Act of ! below. 2015 is a “BBA partnership.” All partnerships with tax CAUTION years beginning after 2017 are BBA partnerships unless Form 8979 may be submitted by a partnership in the they make a valid election out of the centralized following situations. partnership audit regime. If a newly designated partnership representative for a BBA partnership wants to • Directly to the current IRS employee point of contact (for example, revenue agent, appeals officer, counsel) appoint a person as power of attorney to represent the after the issuance of either Letter 2205-D, Initial Contact to partnership representative in its capacity as partnership Schedule Appointment-Partnership Returns; or Letter representative for the BBA partnership, it must submit a 5893, Notice of Administrative Proceeding-Partnership; or Form 2848. This must be done even if that person was Letter 5893-A, Notice of Administrative previously appointed power of attorney by a prior Proceeding-Partnership Representative; partnership representative of the same partnership and year. See the Instructions for Form 2848. Nov 22, 2023 Cat. No. 69667V |
Enlarge image | Page 2 of 4 Fileid: … ns/i8979/202312/a/xml/cycle07/source 14:08 - 8-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • With an administrative adjustment request (AAR) filed Specific Instructions for a reason other than only making a revocation, prior to the issuance of Letter 2205-D, Letter 5893, or Letter Partnership Information 5893-A; • With a Form 8985, Pass-Through Statement — Enter the partnership’s name, address, employer Transmittal/Partnership Adjustment Tracking Report, identification number (EIN), and the tax year ending date submitted by a pass-through partnership that has not for the tax year to which the revocation, designation, or elected out of the Bipartisan Budget Act (BBA). Note. See resignation will apply. If the post office doesn’t deliver mail the Instructions for Form 8985 for how to submit Form to the street address and the partnership has a P.O. box, 8979 in response to an exam, compared to in response to show the box number instead. an AAR filing; If you are filing this form with an AAR, check the box • With Form 8988, Election for Alternative to Payment of immediately above Part I of the Form 8979. the Imputed Underpayment—IRC Section 6226; • With Form 921-M, Consent Fixing Period of Limitation Part I. Reason for Filing To Make Partnership Adjustments (if submitting Form Line 1. Revocation by the Partnership 8979, attach it to the statute extension and return it to the IRS point of contact). Note. If after submitting Form 921-M Check the box on line 1 if you are revoking the designation and Form 8979 to your IRS employee point of contact (for of the current partnership representative or appointment of example, Rev. Proc. 92-29 Coordinator, Revenue Agent the current designated individual and designating a Reviewer, etc.), you receive Letter 2205-D, Letter 5893, or successor partnership representative and/or appointing a Letter 5893-A from a different IRS employee point of successor designated individual. contact (for example, revenue agent, appeals officer, counsel), provide a copy of the previously submitted Form If the successor designation is for an entity 8979 to the second IRS employee point of contact; or ! partnership representative and the partnership • Form 8979 may also be submitted any time a BBA CAUTION does not appoint a designated individual, then the partnership makes a request of the IRS that requires the revocation is invalid and the current partnership partnership to extend a statute. Examples include, but are representative designation remains in effect. not limited to, private letter ruling requests pertaining to late elections to self-certify a qualified opportunity fund Line 1a. Revoking the Entity Partnership and elections to postpone determination as to whether the Representative presumption applies that an activity is engaged in for profit. Check box 1a if you are revoking the current entity When submitted by a partnership representative or a partnership representative. Then, check either box i or ii to designated individual (that is, for purposes of making a designate a successor partnership representative. resignation), Form 8979 should only be submitted directly Designated individual status automatically to the current IRS employee point of contact after the ! terminates on the date that the entity partnership issuance of Letter 2205-D, Letter 5893, or Letter 5893-A. CAUTION representative designation is no longer in effect. Note. If the IRS notifies the partnership that there is no designation in effect, the partnership has 30 days from the Line 1b. Revoking the Individual Partnership date the IRS mails the notification to submit Form 8979. If Representative the partnership fails to designate a partnership representative (and appoint a designated individual, if Check box 1b if you are revoking the current individual applicable), the IRS will designate one. partnership representative. Then, check either box i or ii to designate a successor partnership representative. Where To File If Form 8979 is submitted with an AAR, see the AAR Line 1c. Revoking the Designated Individual and instructions for information about where to file. Both the Appointing a Successor Designated Individual form and instructions are available at IRS.gov. Otherwise, mail or fax Form 8979 to the attention of the Check box 1c if you are revoking the current designated current IRS employee point of contact (for example, individual and appointing a successor designated revenue agent, appeals officer, counsel). individual. Note. Address information provided on Form 8979 will Line 2. Resignation of the Partnership not change your last known address with the IRS. Representative Use Form 8822, Change of Address, to change TIP your home address or Form 8822-B, Change of Check the box on line 2 if you are resigning as a Address or Responsible Party—Business, to partnership representative. Then, check box a or b, as change your business address. Both forms are available applicable. at IRS.gov. -2- Instructions for Form 8979 (Dec. 2023) |
Enlarge image | Page 3 of 4 Fileid: … ns/i8979/202312/a/xml/cycle07/source 14:08 - 8-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Line 3. Resignation of the Designated Individual partnership representative’s name, U.S. mailing address, TIN, and a telephone number with a U.S. area code. Check the box on line 3 if you are resigning as the designated individual. Part IV. Signature Section Section A. Revocation by the Partnership Line 4. Designation of the Partnership Representative Complete this section if you are revoking the partnership representative or designated individual and making a Check the box on line 4 if no partnership representative is successor designation or appointment. Enter the in effect and the partnership is designating a partnership information as requested, including the name and title of representative. Then, check box a or b, as applicable. the authorized person. You must sign and date the form. Example 1. ABC Corporation is an authorized person A partnership representative designation is not in effect signing Form 8979 to make a revocation. Jane Doe is the if there was a failure to designate a partnership president of ABC Corporation and is authorized under representative on the original Form 1065, a resignation applicable state law to legally bind the corporation. Jane has occurred, or if the IRS has determined that no should do the following. designation is in effect. • Sign and date. • Enter “ABC Corporation” as the authorized person. Part II. Revocations or Resignations • Enter “Jane Doe,” followed by “President,” which is her Section A. Revocation or Resignation of an Entity title with respect to ABC Corporation. Partnership Representative or Designated Example 2. John Smith is an authorized person Individual signing Form 8979. He should sign and date on the first line and enter his name on the second line. The third line Complete this section if you are revoking the entity should remain blank because John is an individual and partnership representative or designated individual or you not an entity. are resigning as the entity partnership representative or Example 3. GEF, LLC, is an authorized person designated individual. Enter both the entity partnership signing Form 8979 to revoke the partnership representative and designated individual’s name, mailing representative. Mary Smith is authorized under applicable address, TIN and the telephone number. state law to legally bind GEF, LLC. Mary should do the following. Section B. Revocation or Resignation of an • Sign and date. Individual Partnership Representative • Enter “GEF, LLC” as the authorized person. • Enter “Mary Smith,” followed by her title with respect to Complete this section if you are revoking the individual GEF, LLC. partnership representative or you are resigning as the individual partnership representative. Enter the name, Section B. Resignation of the Entity Partnership mailing address, TIN, and the telephone number. Representative Part III. Designations and/or Appointment Complete this section if you, the designated individual, are See Partnership Representative, earlier, for more making a resignation on behalf of the partnership information on who can be a partnership representative. representative. Enter the information as requested, including the name of the entity partnership representative Section A. Designation of Entity Partnership and designated individual. You must sign and date the Representative and/or Appointment of a form. Designated Individual Section C. Resignation of the Individual Complete this section if you are designating an entity Partnership Representative partnership representative and/or appointing a designated individual. Enter both the entity partnership representative Complete this section if you are resigning as the individual and designated individual’s name, U.S. mailing address, partnership representative. Enter your name, sign, and TIN, and a telephone number with a U.S. area code. date the form. Note. Both the partnership representative and Section D. Resignation of the Designated designated individual must have substantial presence in Individual the United States. See Substantial presence in the United States, earlier, for more information. Complete this section if you are resigning as the designated individual. Enter your name, sign, and date the Section B. Designation of an Individual form. Partnership Representative Complete this section if you are designating an individual partnership representative. Enter the individual Instructions for Form 8979 (Dec. 2023) -3- |
Enlarge image | Page 4 of 4 Fileid: … ns/i8979/202312/a/xml/cycle07/source 14:08 - 8-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Section E. Designation of the Partnership Reduction Act unless the form displays a valid OMB Representative control number. Books or records relating to a form or its instructions must be retained as long as their contents Complete this section if you are an authorized person may become material in the administration of any Internal designating a partnership representative (and appointing Revenue law. Generally, tax returns and return information a designated individual, if applicable) because there is no are confidential, as required by section 6103. partnership representative designation in effect. Enter the The time needed to complete and file this form will vary information as requested, including the name and title of depending on individual circumstances. The estimated the authorized person. You must sign and date the form. burden for business taxpayers filing this form is approved See the earlier examples in Part IV. under OMB control number 1545-0123 and is included in the estimates shown in the instructions for their business Paperwork Reduction Act Notice. We ask for the income tax return. information on this form to carry out the Internal Revenue laws of the United States. You are required to give us the If you have comments concerning the accuracy of information. We need it to ensure that you are complying these time estimates or suggestions for making this form with these laws and to allow us to figure and collect the simpler, we would be happy to hear from you. See the right amount of tax. instructions for the tax return with which this form is filed. You are not required to provide the information requested on a form that is subject to the Paperwork -4- Instructions for Form 8979 (Dec. 2023) |