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Form 8918

  1. Country USA
  2. Language English
  3. Activity Taxes
  4. Department Internal Revenue Service
Form 8918

Material Advisor Disclosure Statement

Rev. November 2021

Form 8918 is a material advisor disclosure statement used by the Internal Revenue Service (IRS) for reporting tax shelters and reportable transactions. The form consists of multiple pages with various sections that require specific information from material advisors, such as identifying number, contact person name, telephone number, address, date of becoming a material advisor, and types of financial instruments used in the transaction. Additionally, it requires the identification of the role of other entities or individuals who provided material aid, assistance, or advice to the reportable transaction. The form also includes sections for estimating tax benefits and timing of claiming those benefits. The tone of the document is formal and legal, as it is a government-issued form used for tax purposes.

Instructions

FAQ
  • What is the purpose of Form 8918?

    Form 8918 is used to report transactions that were structured by a tax professional, including material advisors, to achieve specific tax results.

  • What is a reportable transaction?

    A reportable transaction is a financial transaction that has specific tax consequences, such as deducting more than $1 million of debt forgiveness income, creating certain trusts or annuity contracts, or engaging in listed transactions.

  • What information is required to be reported on Form 8918?

    Form 8918 requires reporting of information about reportable transactions, including the name and address of the material advisor, the taxpayer(s), the transaction details, and any relevant tax benefits or exclusions.

  • Who is required to file Form 8918?

    A material advisor who has advised a client on reportable transactions that meet the threshold of $250,000 for one transaction or $500,000 in total transactions during the tax year must file Form 8918.

  • What is a material advisor?

    A material advisor is a person or entity who provides advice on how to structure a transaction for the purpose of avoiding or minimizing federal income taxes. A material advisor must file Form 8918 if they have advised a client on reportable transactions totaling $10,000 or more in any year.

  • What are the penalties for not filing Form 8918?

    A material advisor who fails to file Form 8918 on time may be subject to a penalty of $250 for each month or part of a month that the form is late, up to a maximum of $6,743. Additionally, there may be penalties for failing to disclose reportable transactions or providing false information on the form.

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ABOUT

Tax forms

Form 8918 is one of Tax forms that are documents used to report income, deductions, and tax liability to the relevant tax authority. These forms are an essential part of the tax filing process and are used to ensure individuals and businesses comply with tax laws and accurately calculate their tax obligations.

The specific tax forms required can vary depending on factors such as an individual's filing status, sources of income, and the country's tax laws. However, here are some common types of tax forms:

Individual Income Tax Forms: These forms, such as the 1040 series in the United States, are used by individuals to report their income, claim deductions and credits, and calculate their tax liability.

Business Tax Forms: Businesses, including sole proprietorships, partnerships, corporations, and self-employed individuals, may have to file various forms to report their income, expenses, and taxes owed. Examples include Schedule C (Profit or Loss from Business) and Form 1120 (U.S. Corporation Income Tax Return).

Employment Tax Forms: Employers are required to report employee wages and withhold and remit payroll taxes. Forms such as W-2 (Wage and Tax Statement) and 941 (Employer's Quarterly Federal Tax Return) are used for this purpose.

Investment and Retirement Account Forms: These forms are used to report investment income, capital gains, and losses, as well as contributions and distributions from retirement accounts. Examples include Form 1099-DIV (Dividends and Distributions) and Form 5498 (IRA Contribution Information).

Estate and Gift Tax Forms: When a person passes away or makes significant gifts, specific forms such as Form 706 (United States Estate (and Generation-Skipping Transfer) Tax Return) and Form 709 (United States Gift (and Generation-Skipping Transfer) Tax Return) are used to report and calculate any applicable estate or gift taxes.

It is important to note that tax laws and forms can change over time, so individuals and businesses should consult the relevant tax authority or seek professional tax advice to ensure compliance with the current requirements.

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