Form 8082

Form 8082

A form that one files with the IRS to declare that one wishes to treat an asset or income differently from how it was reported on Schedule K-1. One files this form if one is a partner in a partnership, a stockholder in an S-corporation, an owner of a foreign trust, or a residual interest holder in a REMIC.
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Under TEFRA, a partnership submitting an AAR does so by filing either Form 1065X., Amended Return or Administrative Adjustment Request (AAR), or Form 8082, Notice of Inconsistent Treatment or Administrative Adjustment Request (AAR).
Attaching to that original or amended return and to the returns for every other year of the spread period a completed Form 8082. Notice of Inconsistent Treatment or Administrative Adjustment Request, containing an explanation in Part III similar to the following: Election under Rev.
McDaniel and his spouse filed Form 8082, Notice of Inconsistent Treatment or Amended Return, with their 1992 joint return.
If a partner reports items on his or her tax return that are not consistent with the items as reported on Schedule K-1 from a partnership, S corporation, estate, or trust, Form 8082, Notice of Inconsistent Treatment or Administrative Adjustment Request (AAR), must be attached to the partner's return.
Does the taxpayer's return get filed prior to receipt of the Schedule K-1 using some sort of estimate, potentially with the filing of a Form 8082, Notice of Inconsistent Treatment or Administrative Adjustment Request (AAR)?
Taxpayer-initiated adjustments to filed partnership returns use Form 8082, Notice of Inconsistent Treatment or Administrative Adjustment Request (AAR), with an essentially blank Form 1065, Return of Partnership Income, attached.
* Attaching to the original or amended return for the tax year with or within which the partnership's or S corporation's short tax year ends, and to the Federal income tax returns for each tax year of the spread period, completed Form 8082, Notice of Inconsistent Treatment or Administrative Adjustment Request, containing as an explanation in Part III, "Election under Rev.
Under these rules, the tax matters partner (TMP) must file Form 8082, Notice of Inconsistent Treatment or Administrative Adjustment Request (AAR), on the partnership's behalf and request the Service to treat the AAR as a substituted return.
Because he had claimed to be a partner on prior returns and received a Schedule K-1 from the partnership without filing Form 8082, Notice of Inconsistent Treatment or Administrative Adjustment Request, the taxpayer was deemed to be a partner; thus, the SOL extension applied to him.
Form 8082, Notice of Inconsistent Treatment or Amended Return (Administrative Adjustment Request (AAR)), which should accompany the partner's tax return, is used to notify the Service of the inconsistency.
To accomplish this, the TMP must check the appropriate box on the Form 8082 (currently, line 2).
Another important aspect of this decision is that the court noted that, if the partner had clearly stated on Form 8082 that she disagreed with the partnership's reporting of the payment as a guaranteed payment, a different decision might have been reached.