Rev. August 2013
Form 8275 is an Internal Revenue Service (IRS) disclosure statement for taxpayers to report certain transactions or positions that may not be in conformity with IRS regulations. The form includes instructions and attachments for general information, detailed explanation, and information about pass-through entities. Taxpayers must identify themselves and provide relevant details regarding the item or group of items, a detailed description, form or schedule, line number, and amount. The document also mentions OMB No. 1545-0889 for Paperwork Reduction Act Notice and provides instructions for completing Form 8275 for pass-through entities.
Part I of Form 8275 requires the taxpayer to identify the rule that was disregarded or not followed, the item(s) involved, a description of the item(s), and the location of the item(s) on the relevant tax form or schedule.
A preparer is subject to a penalty equal to the greater of $5,000 or 75% of the income derived (or to be derived) by the tax return preparer with respect to the return or claim if they recklessly or intentionally disregard rules or regulations.
Part II of Form 8275 requires a description of the relevant facts affecting the tax treatment of the item(s) disclosed. This includes identifying the legal issues presented by the facts and providing sufficient information for the IRS to understand the identity, amount, and nature of the controversy or potential controversy.
A position contrary to a rule refers to positions that directly conflict with the law, regulation, or IRS revenue ruling. An unreasonable or unsupported position, on the other hand, may not be inherently contrary to a rule but lacks sufficient evidence or reasoning to support it.
Form 8275 helps taxpayers avoid preparer penalties, which can include a penalty for preparing and filing a return with positions known to be incorrect or unsupported by substantial authority.
Form 8275, Disclosure Statement, is used by taxpayers to disclose positions taken on their tax returns that may be contrary to the rules or regulations of the Internal Revenue Service (IRS). This form helps taxpayers avoid penalties due to a substantial understatement of income tax or disregard of rules, or preparer penalties.
Form 8275 is one of Tax forms that are documents used to report information related to taxes to the relevant tax authority. There are various types of tax forms, including federal, state, and local tax forms, which can vary depending on the taxpayer's circumstances and location.
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