Enlarge image | Required Payment or Refund Under Section 7519 OMB No. 1545-0123 Form 8752 ▶ Don’t attach this form to Form 1065 or Form 1120-S; file it separately. ▶ Go to www.irs.gov/Form8752 for the latest information. Department of the Treasury For the required payment figured using the net income from the base year ending , 2021 2021 Internal Revenue Service ▶ Due by May 16, 2022. Name of partnership or S corporation Employer identification number Number, street, and room or suite no. If a P.O. box, see instructions. Type or print City or town, state or province, country, and ZIP or foreign postal code A Check applicable box to show how entity is classified for federal income tax purposes: (1) Partnership (2) S Corporation B If this is the entity’s first tax year, skip lines 1 through 10, enter -0- on line 11, and check this box . . . . . . . ▶ C If this form is being filed to claim a full refund of the net required payment balance because of a terminating event, skip lines 1 through 9a, enter -0- on line 9b, complete lines 10–12, and check this box . . . . . . . . . . . . . ▶ D If the entity had a short base year (a base year of less than 12 months), check this box. See the line 1 instructions for the definition of “base year” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ▶ 1 Net income for base year. If the entity had a short base year, increase the net income for the short base year by the applicable payments made during the base year (line 2 below), and multiply the result by the ratio of 12 over the number of months in the short base year. Carry out the ratio to at least 3 decimal places. If zero or less, enter -0- . . . . . . . . . . . . 1 2 Applicable payments made during base year . . . . . . . . . . . . . . . . . 2 3 Deferral ratio. Divide the number of months in the deferral period by 12 and enter the result as a percentage. Carry out your answer to at least the nearest tenth of a percent . . . . . . . 3 . % 4 Line 1 deferred amount. Multiply line 1 by line 3 . . . . . . . . . . . . . . . . 4 Caution: If the entity had a short base year, skip lines 5 and 6 and go to line 7. 5 Line 2 deferred amount. Multiply line 2 by line 3 . . . . . . 5 6 Applicable payments made during the deferral period of the base year . . . . . . . . . . . . . . . . . . . . 6 7 If the entity had a 12-month base year, subtract line 6 from line 5. If zero or less, enter -0-. If the entity had a short base year, enter the applicable payments made during the deferral period of the applicable election year . . . . . . . . . . . . . . . . . . . . . . . 7 8 Net base year income. If the entity had a 12-month base year, add lines 4 and 7. If the entity had a short base year, subtract line 7 from line 4. If zero or less, enter -0- . . . . . . . . . 8 9a Multiply line 8 by 38% (0.38) . . . . . . . . . . . ▶ 9a b If line 9a is more than $500 or the required payment for any prior tax year was more than $500, enter the amount from line 9a here. Otherwise, enter -0- . . . . . . . . . . . . ▶ 9b 10 Net required payment balance. Enter the excess of the required payments made for all prior years over the refunds of any required payments received for all prior years . . . . . . . 10 11 Required payment due. If line 9b is larger than line 10, subtract line 10 from line 9b. See the line 11 instructions for payment options . . . . . . . . . . . . . . . . . . . 11 12 Refund of net prior year payments. If line 10 is larger than line 9b, subtract line 9b from line 10 12 Sign Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct, and complete. Declaration of preparer (other than taxpayer) is based on all information of which preparer has Here any knowledge. ▲ ▲ Keep a copy of this form for your Signature of officer, partner, or limited liability company member Date Title records. Print/Type preparer’s name Preparer’s signature Date PTIN Paid Check if self-employed Preparer Use Only Firm’s name ▶ Firm’s EIN ▶ Firm’s address ▶ Phone no. For Paperwork Reduction Act Notice, see the instructions. Cat. No. 64988D Form 8752 (2021) |
Enlarge image | Form 8752 (2021) Page 2 General Instructions Alabama, Alaska, Arizona, Section references are to the Internal Revenue Code unless Arkansas, California, Colorado, otherwise noted. Florida, Hawaii, Idaho, Iowa, Department of the Treasury Future developments. For the latest information about Kansas, Louisiana, Minnesota, Internal Revenue Service developments related to Form 8752 and its instructions, such as Mississippi, Missouri, Montana, Ogden, UT legislation enacted after they were published, go to Nebraska, Nevada, New Mexico, 84201 www.irs.gov/Form8752. North Dakota, Oklahoma, Oregon, South Dakota, Texas, Purpose of form. Partnerships and S corporations use Form 8752 Utah, Washington, Wyoming to figure and report the payment required under section 7519 or to obtain a refund of net prior year payments. An entity without a principal office or agency or principal place of business in the United States must file Form 8752 with the Internal Section 7519 payments are required of any partnership or Revenue Service Center, P.O. Box 409101, Ogden, UT 84409. S corporation that has elected under section 444 to have a tax year other than a required tax year. Penalties. If the required payment isn’t made by the due date, the entity may have to pay a penalty equal to 10% of the Who must file. A partnership or S corporation must file Form 8752 underpayment. For this purpose, “underpayment” means the if it made a section 444 election by filing Form 8716, Election To excess of the required payment over the amount (if any) of such Have a Tax Year Other Than a Required Tax Year, and its election is payment made on or before the due date for the applicable election in effect for the tax year. A partnership or S corporation that year. The penalty will not be imposed if the entity can show that the terminates its section 444 election or liquidates must also file Form failure to pay on time was due to reasonable cause and not willful 8752 to claim a refund of its net required payment balance. Form neglect. If you include this penalty with the entity’s payment, identify 8752 must be filed for each year the section 444 election is in effect, and enter the penalty amount in the bottom margin of page 1. Don’t even if the required payment for the applicable election year is zero. include the penalty in the Required payment due space on line 11. See section 7519(c) for details. Other penalties may also apply. If the entity receives a notice about Don’t file Form 8752 for a personal service corporation (as a penalty after it files Form 8752, the entity should send us an defined in Regulations section 1.441-3). Instead, file Schedule H explanation and we will determine if the entity meets reasonable (Form 1120), Section 280H Limitations for a Personal Service cause criteria. Do not attach an explanation when filing Form 8752. Corporation (PSC), with the corporation’s income tax return. Amended return. To correct an error in a Form 8752 already filed, When to file. For applicable election years beginning in 2021, Form file an amended Form 8752 and write “Amended Return” across the 8752 must be filed and the required payment made on or before top. May 16, 2022. For your base year ending in 2021, you must use the Specific Instructions 2021 Form 8752. You can’t use the 2021 Form 8752 for For the applicable election year beginning in 2021, enter the ending ▲! your base year ending in 2022. date of the base year ending in 2021. See the definitions of CAUTION applicable election year and base year under Line 1. Net income for However, Temporary Regulations section 1.444-3T(b)(4)(iii) base year, later. provides a special rule that extends the due date for filing Form Address. Include the suite, room, or other unit number after the 8752 and making the required payment related to certain back-up street address. If the Post Office doesn’t deliver mail to the street section 444 elections. address and the entity has a P.O. box, show the box number Where to file. File Form 8752 at the applicable IRS address listed instead of the street address. below. Item B. If an applicable election year is the entity’s first year of If the entity’s principal place of existence (that is, it is a newly formed entity and therefore doesn’t business or principal office Use the following address: have a base year), the required payment is zero. or agency is located in: Item C. If the entity terminated its section 444 election and the termination took effect for a tax year ending in 2021, or the entity Connecticut, Delaware, District of liquidated during a tax year ending in 2021, check this box. The Columbia, Georgia, Illinois, entity should claim a full refund of the net required payment balance Indiana, Kentucky, Maine, shown on line 10. See section 7519(c)(3) to determine when you are Maryland, Massachusetts, Department of the Treasury eligible for the refund. Michigan, New Hampshire, New Internal Revenue Service Jersey, New York, North Carolina, Kansas City, MO Ohio, Pennsylvania, Rhode 64999 Island, South Carolina, Tennessee, Vermont, Virginia, West Virginia, Wisconsin |
Enlarge image | Form 8752 (2021) Page 3 A partnership’s section 444 election ends if the partnership Line 3. Deferral ratio.The deferral period is the number of months changes its accounting period to its required tax year or some other between: permitted year, it is penalized for willfully failing to comply with the • The beginning of the elected tax year, and requirements of section 7519, or it becomes a member of a tiered structure and the same tax year exception doesn’t apply (see • The close of the first required tax year ending within such a Temporary Regulations section 1.444-2T for more about tiered year. structures). For example, the required tax year for an S corporation is the An S corporation’s section 444 election ends if it changes its calendar year, ending on December 31. If an S corporation elects a accounting period to a calendar year or some other permitted year, tax year beginning on November 1, there would be 2 months it is penalized for willfully failing to comply with the requirements of between the beginning of the elected tax year and the end of the section 7519, it becomes a member of a tiered structure and the required tax year (December 31). The deferral period for the elected same tax year exception doesn’t apply (see Temporary Regulations tax year would be 2 months. section 1.444-2T), or its S corporation election terminates (unless it Line 9b.If you enter zero on line 9b and you didn’t make any prior immediately becomes a personal service corporation). year required payment for which a refund can be claimed, enter See Temporary Regulations section 1.444-1T(a)(5)(ii) for the zero on line 10, skip lines 11 and 12, and complete the signature effective date of the termination of a section 444 election. section. You are required to file Form 8752 to show that you have a zero liability for the applicable election year beginning in 2021. Once a section 444 election is terminated, the entity may never make another section 444 election. Line 11. Required payment due. If you are enrolled in the Electronic Federal Tax Payment System (EFTPS), you can pay your Line 1. Net income for base year. The term “base year” means the balance due online or by phone. EFTPS is a free service provided tax year preceding the applicable election year. Any tax year for by the U.S. Department of Treasury. If you aren’t required to use which a section 444 election is in effect, including the first tax year EFTPS, you may still participate voluntarily. To pay the balance due, the section 444 election is made, is an applicable election year. For get more information, or enroll in EFTPS, visit www.eftps.gov or call example, if you are completing Form 8752 for the applicable 1-800-555-4477. election year beginning October 1, 2021, and ending September 30, 2022, the base year is the tax year beginning October 1, 2020, and To pay by check or money order. Enclose a check or money ending September 30, 2021. order for the amount on line 11 payable to “United States Treasury.” Write the entity’s employer identification number and “Form 8752” Partnerships. Line 1 net income is the aggregate (not less than on the check or money order. zero) of the partnership’s items of income and expense, other than tax-exempt income, nondeductible expenses, and guaranteed Line 12. Refund of net prior year payments. No refund will be payments under section 707(c). When figuring this amount, made before the later of: (a) April 15, 2022, or (b) 90 days after disregard any limitations at the partner level. For base years Form 8752 is filed per section 7519(c)(3). No interest will be paid on beginning in 2020, line 1 should equal the amount on the 2020 Form the amount refunded. 1065, line 1, of Analysis of Net Income (Loss), plus the aggregate items of income and expense, if any, reported on the attached Paperwork Reduction Act Notice. We ask for the information on statement for Schedule K, line 20c (but not less than zero). this form to carry out the Internal Revenue laws of the United S corporations.Line 1 net income is the aggregate (not less than States. You are required to give us the information. We need it to zero) of the corporation’s items of income and expense, other than ensure that you are complying with these laws and to allow us to tax-exempt income and nondeductible expenses. When figuring this figure and collect the right amount of required payment. amount, disregard any limitations at the shareholder level. For base You are not required to provide the information requested on a years beginning in 2020, line 1 should equal the amount on the 2020 form that is subject to the Paperwork Reduction Act unless the form Form 1120-S, Schedule K, line 18, plus the aggregate items of displays a valid OMB control number. Books or records relating to a income and expense, if any, reported on Schedule K, line 17d (but form or its instructions must be retained as long as their contents not less than zero). For this purpose, all S corporations must may become material in the administration of any Internal Revenue complete Schedule K, line 18. law. Generally, tax returns and return information are confidential, If an S corporation was a C corporation for its base year, the as required by section 6103. C corporation’s taxable income is treated as the net income of the The time needed to complete and file this form will vary S corporation for the base year. See Temporary Regulations section depending on individual circumstances. The estimated burden for 1.7519-1T(b)(5) for other details. business taxpayers filing this form is approved under OMB control Line 2. Applicable payments. In general, the term “applicable number 1545-0123 and is included in the estimates shown in the payments” means any amount deductible in the base year that is instructions for their business income tax return. includible at any time, directly or indirectly, in the gross income of If you have suggestions for making this form simpler, we would any partner or shareholder who was a partner or shareholder during be happy to hear from you. You can send us comments from the base year. However, the term doesn’t include guaranteed www.irs.gov/FormComments. Or you can write to the Internal payments. Examples of applicable payments are officer’s Revenue Service, Tax Forms and Publications, 1111 Constitution compensation, wages, and rent paid to any partner or shareholder. Ave. NW, IR-6526, Washington, DC 20224. Don’t send the form to If the S corporation was a C corporation for its base year, this office. Instead, see Where to file, earlier. applicable payments of the C corporation are treated as if received from an S corporation. |