- 2 -
|
Page 2 of 2 Fileid: … ns/I8937/201509/A/XML/Cycle03/source 10:28 - 21-Aug-2015
The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.
When To File remains liable for any penalty for any failure to comply unless
Form 8937 must be filed with the IRS on or before the 45th it is shown that the failure is due to reasonable cause and not
day following the organizational action or, if earlier, January willful neglect. See sections 6721 through 6724.
15 of the year following the calendar year of the Acquiring and successor entities. An acquiring or
organizational action. You may file the return before the successor entity of an issuer must satisfy these reporting
organizational action if the quantitative effect on basis is obligations if the issuer has not done so. If neither the issuer
determinable. For purposes of determining this deadline, a nor the acquiring or successor entity satisfies the reporting
redemption occurs on the last day a holder may redeem a obligations, both are jointly and severally liable for any
security. applicable penalties.
To report the quantitative effect on basis by the due
TIP date, you may make reasonable assumptions about Specific Instructions
facts that cannot be determined before the due date.
You must file a corrected return within 45 days of determining Part I
facts that result in a different quantitative effect on basis from
what was previously reported. For additional information, see Boxes 1 and 2. Enter the issuer's name and employer
Regulations sections 1.6045B-1(a)(2)(ii) and 1.6045B-1(g), identification number (EIN).
Example 2. Boxes 3, 4, 5, 6, and 7. Enter the name, telephone number,
email address, and mailing address of a contact person.
Where To File Boxes 8, 9, 10, 11, 12, and 13. For each security involved
Send Form 8937 to Department of the Treasury, Internal in the organizational action, enter the requested information.
Revenue Service, Ogden, UT 84201-0054. Complete all boxes that apply.
Issuer Statements Note. If a box does not apply, leave it blank.
If you are required to file Form 8937, you must give a copy of In box 9, enter the classification of the security (such as
Form 8937 to each security holder of record as of the date of stock) and include any description about the class of security
the organizational action and all subsequent holders of affected.
record up to the date you give the copy of Form 8937. If you
record the security on your books in the name of a nominee, Part II
you must give the copy of Form 8937 to the nominee in lieu of For each security involved in the organizational action, enter
the holder. However, if you, your agent, or a plan you operate the requested information.
is listed as the nominee, you must give the copy of Form
8937 to the holder. Paperwork Reduction Act Notice. We ask for the
You are considered to have given a copy of Form 8937 to information on this form to carry out the Internal Revenue
all holders and nominees if you post a completed Form 8937 laws of the United States. You are required to give us the
to your primary public website under the rules listed under information. We need it to ensure that you are complying with
Public reporting, earlier. these laws and to allow us to figure and collect the right
amount of tax.
You are not required to, but may, give a copy of Form
8937 to a holder or nominee if the holder is an exempt You are not required to provide the information requested
recipient. See Exempt recipients, earlier. on a form that is subject to the Paperwork Reduction Act
You may give holders and nominees a written statement unless the form displays a valid OMB control number. Books
instead of a copy of Form 8937. The written statement must or records relating to a form or its instructions must be
include the same information as provided on Form 8937 and retained as long as their contents may become material in
must indicate that the information is being reported to the the administration of any Internal Revenue law. Generally,
IRS. tax returns and return information are confidential, as
required by section 6103.
Time for furnishing statements. You must give holders or
nominees an issuer statement on or before January 15 of the The time needed to complete and file this form will vary
year following the calendar year of the organizational action. depending on individual circumstances. The estimated
For purposes of determining this deadline, a redemption average time is:
occurs on the last day a holder may redeem a security. You
Learning about the law or the form. . . . . . . 35 min.
can give an issuer statement before the organizational action
if you have determined the quantitative effect on basis. If you Preparing the form. . . . . . . . . . . . . . . . . 40 min.
file a corrected Form 8937 with the IRS, you must give a Recordkeeping . . . . . . . . . . . . . . . . . . . 2 hr., 52 min.
corrected issuer statement by the later of the January 15 due
date above or 45 days after you determine the facts that
result in a different quantitative effect on basis from what was
previously reported.
Penalties
Agents. An issuer may use an agent, including a depositary,
to satisfy these reporting requirements. However, the issuer
-2-
|