8878-SP IRS e-file Signature Authorization-Application for Exten

9
TLS, have you
transmitted all R
text files for this
cycle update?

Date

I.R.S. SPECIFICATIONS

TO BE REMOVED BEFORE PRINTING

INSTRUCTIONS TO PRINTERS
Form 8886, PAGE 1 of 2
MARGINS: TOP 13 mm (1⁄2 "), CENTER SIDES. PRINTS: HEAD TO FOOT
PAPER: WHITE WRITING, SUB. 20. INK: BLACK
FLAT SIZE: 216 mm (8 1⁄2 ") x 559 mm (22") FOLD TO: 216 mm (8 1⁄2 ") x 279 mm (11")
PERFORATE: (ON FOLD)

DO NOT PRINT — DO NOT PRINT — DO NOT PRINT — DO NOT PRINT

Form

8886

Action

Date

O.K. to print
Revised proofs
requested

Reportable Transaction Disclosure Statement

(Rev. December 2005)

Attach to your tax return.

Department of the Treasury
Internal Revenue Service

See separate instructions.

Signature

Name(s) shown on return

OMB No. 1545-1800
Attachment
Sequence No.

137

Identifying number

Number, street, and room or suite no.

City or town, state, and ZIP code

A

Enter the form number of the tax return that this form is attached to
Enter the year of the tax return with which this form is filed

B

Check the box(es) that apply (see instructions).

Initial year filer
Protective disclosure
1a Name of reportable transaction
1b Initial year participated in transaction

2

1c Material advisor or tax shelter registration number
(9 digits or 11 digits)

Identify the type of reportable transaction. Check all the box(es) that apply (see instructions).
a

Listed transaction

d

Loss

b

Confidential

e

Significant book-tax difference

c

Contractual protection

f

Brief asset holding period

3

If the transaction is a “listed transaction” or substantially similar to a listed transaction, identify the listed transaction (see
instructions)

4

Enter the number of transactions reported on this form

5

If you invested in the transaction through another entity, such as a partnership, an S corporation, or a foreign
corporation, provide the information below for the entity.
a
b
c
d

6

Name
Type of entity
Form number of tax return filed
Employer identification number (EIN)

Enter below, the name and address of each person to whom you paid a fee with regard to the transaction if that person
promoted, solicited, or recommended your participation in the transaction, or provided tax advice related to the transaction.
(Attach additional sheet, if necessary.)
a Name
Number, street, and room or suite no.
City or town, state, and ZIP code
b Name
Number, street, and room or suite no.
City or town, state, and ZIP code

For Paperwork Reduction Act Notice, see separate instructions.

Cat. No. 34654G

Form

8886

(Rev. 12-2005)

9
I.R.S. SPECIFICATIONS
TO BE REMOVED BEFORE PRINTING
INSTRUCTIONS TO PRINTERS
FORM 8886, PAGE 2 of 2
MARGINS: TOP 13 mm (1⁄2 "), CENTER SIDES.
PRINTS: HEAD to HEAD
PAPER: WHITE WRITING, SUB. 20.
INK: BLACK
FLAT SIZE: 216 mm (81⁄2 ")
279 mm (11")
PERFORATE: (NONE)
DO NOT PRINT — DO NOT PRINT — DO NOT PRINT — DO NOT PRINT

Form 8886 (Rev. 12-2005)

Page

2

7

Facts. Describe the facts of the transaction that relate to the expected tax benefits, including your participation
in the transaction. For listed transactions identified in item 2a, also provide the complete name, address, and
nature of involvement of all parties to the transaction (see instructions).

8

Expected tax benefits. Describe the expected tax benefits, including deductions, exclusions from gross income,
nonrecognition of gain, tax credits, adjustments (or the absence of adjustments) to the basis of property, etc.
(see instructions for more details).

9

Estimated tax benefits. Provide a separate estimate of the amount of each of the expected tax benefits
described above for each affected tax year (including prior and future years).

Form

Printed on recycled paper

8886

(Rev. 12-2005)

PAGER/SGML

Userid: ________
Fileid: I8886.SGM

Leading adjust: 0%
(25-Jan-2006)

❏

Draft
(Init. & date)

❏

Ok to Print

Filename: D:\USERS\x9lcb\documents\epicfiles\2005 Products\8886\05I8886(012406).SGM

Page 1 of 4

Instructions for Form 8886

9:48 - 25-JAN-2006

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

Instructions for Form 8886

Department of the Treasury
Internal Revenue Service

(Rev. December 2005)
Reportable Transaction Disclosure Statement
Section references are to the Internal Revenue Code unless otherwise noted.

What’s New
• The American Jobs Creation Act of 2004
(AJCA) established penalties related to the
failure to file Form 8886 to disclose
reportable transactions and for
understatements attributable to any
reportable transaction. For more details, see
Penalties on page 3.
• AJCA also provided an extended period
of limitations to assess any tax with respect
to a listed transaction that a taxpayer failed
to disclose as required. For more
information, see Previously Undisclosed
Listed Transactions on page 3.
• The category for significant book-tax
differences has been eliminated for
transactions disclosed after January 5,
2006. See Transactions With a Significant
Book-Tax Difference on page 2.
• The mailing address has changed for
submitting a duplicate copy of initial year
filings (the first year you participate in a
reportable transaction). See When and How
To File on page 3.

General Instructions
Purpose of Form
Use Form 8886 to disclose information for
each reportable transaction in which you
participated. See Participation in a
Reportable Transaction below to determine
if you participated in a reportable
transaction. For more information on the
disclosure rules, see Regulations section
1.6011-4.
Generally, you must file a separate Form
8886 for each reportable transaction.
However, you may report more than one
transaction on one form if the transactions
are the same or substantially similar. See
the definition of substantially similar below.
The fact that a transaction must be
reported on this form does not mean the tax
benefits from the transaction will be
disallowed.

Who Must File
Any taxpayer, including an individual, trust,
estate, partnership, S corporation, or other
corporation, that participates in a reportable
transaction and is required to file a federal
income tax return or information return must
file Form 8886. However, a regulated
investment company (RIC) (as defined in
section 851) or an investment vehicle that is
at least 95% owned by one or more RICs at
all times during the course of a transaction
is not required to file Form 8886 for any
transaction other than a listed transaction
(as defined below).

Definitions
Transaction
A transaction includes all of the factual
elements relevant to the expected tax
treatment of any investment, entity, plan, or
arrangement and it includes any series of
steps carried out as part of a plan.

Substantially Similar
A transaction is substantially similar to
another transaction if it is expected to obtain
the same or similar types of tax
consequences and is either factually similar
or based on the same or similar tax strategy.
Receipt of an opinion regarding the tax
consequences of the transaction is not
relevant to the determination of whether the
transaction is the same as or substantially
similar to another transaction. Further, the
term substantially similar must be broadly
construed in favor of disclosure. See
Regulations section 1.6011-4(c)(4) for
examples.

Participation in a
Reportable Transaction
A reportable transaction is a transaction
described in one or more of the following
five categories.

Listed Transactions
This category includes transactions that are
the same as or substantially similar to one of
the types of transactions that the IRS has
determined to be a tax avoidance
transaction. These transactions are
identified by notice, regulation, or other form
of published guidance as a listed
transaction. For existing guidance see:

• Notice 2004-67, 2004-41 I.R.B. 600
• Notice 2005-13, 2005-9 I.R.B. 630
For updates to this list go to the IRS web
page at www.irs.gov/businesses/
corporations and click on Abusive Tax
Shelters and Transactions. The listed
transactions in the above notices and rulings
will also be periodically updated in future
issues of the Internal Revenue Bulletin. You
can find a notice or ruling in the Internal
Revenue Bulletin at www.irs.gov/pub/
irs-irbs/irbXX-YY.pdf, where XX is the
two-digit year and YY is the two-digit bulletin
number. For example, you can find Notice
2004-67, 2004-41 I.R.B. 600, at
www.irs.gov/pub/irs-irbs/irb04-41.pdf.
You have participated in a listed
transaction if any of the following applies.
• Your tax return reflects tax consequences
or a tax strategy described in published
guidance that lists the transaction.
• You know or have reason to know that tax
benefits reflected on your tax return are
Cat. No. 34911S

derived directly or indirectly from such tax
consequences or tax strategy.
• You are in a class of persons that
published guidance treats as participants in
a listed transaction.

Confidential Transactions
This category includes transactions that are
offered to you under conditions of
confidentiality and for which you paid an
advisor a minimum fee (defined below). A
transaction is considered to be offered
under conditions of confidentiality if the
advisor places a limitation on your
disclosure of the tax treatment or tax
structure of the transaction and the limitation
on disclosure protects the confidentiality of
the advisor’s tax strategies. The transaction
is treated as confidential even if the
conditions of confidentiality are not legally
binding on you. See Regulations section
1.6011-4(b)(3) for more information.
Minimum fee. For a corporation, or a
partnership or trust in which all of the
owners or beneficiaries are corporations, the
minimum fee is $250,000. For all others, the
minimum fee is $50,000. The minimum fee
includes all fees paid directly or indirectly for
the tax strategy, advice or analysis of the
transaction (whether or not related to the tax
consequences of the transaction),
implementation and documentation of the
transaction, and tax preparation fees to the
extent they exceed customary return
preparation fees. Fees do not include
amounts paid to a person, including an
advisor, in that person’s capacity as a party
to the transaction.
You have participated in a confidential
transaction if your tax return reflects a tax
benefit from the transaction. If disclosure by
a pass-through entity (partnership, S
corporation, or trust) is limited, but
disclosure by the partner, shareholder, or
beneficiary is not limited, then the
pass-through entity (but not the partner,
shareholder, or beneficiary) has participated
in the confidential transaction.

Transactions With Contractual
Protection
This category includes transactions for
which you have, or a related party (as
described in sections 267(b) or 707(b)) has,
the right to a full refund or partial refund of
fees if all or part of the intended tax
consequences from the transaction are not
sustained. It also includes a transaction for
which fees are contingent on your
realization of tax benefits from the
transaction. For exceptions and other
details, see Regulations section
1.6011-4(b)(4).
You have participated in a transaction
with contractual protection if your tax return
reflects a tax benefit from the transaction. If

Page 2 of 4

Instructions for Form 8886

9:48 - 25-JAN-2006

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

a pass-through entity (partnership, S
corporation, or trust) has the right to a full or
partial refund of fees or has a contingent fee
arrangement, but the partner, shareholder,
or beneficiary individually does not, then the
pass-through entity (but not the partner,
shareholder, or beneficiary) has participated
in the transaction with contractual
protection.

Loss Transactions
This category includes transactions that
result in your claiming a loss under section
165 (described below) if the gross amount of
the loss (before netting any gain against it)
is:
For individuals. At least $2 million in any
single tax year or $4 million in any
combination of tax years. (At least $50,000
for a single tax year if the loss arose from a
section 988 transaction defined in section
988(c)(1) (relating to foreign currency
transactions), whether or not the loss flows
through from an S corporation or
partnership).
For corporations (other than S
corporations). At least $10 million in any
single tax year or $20 million in any
combination of tax years.
For partnerships with only corporations
(other than S corporations) as partners
(looking through any partners that are
also partnerships). At least $10 million in
any single tax year or $20 million in any
combination of tax years, whether or not any
losses flow through to one or more partners.
For all other partnerships and S
corporations. At least $2 million in any
single tax year or $4 million in any
combination of tax years, whether or not any
losses flow through to one or more partners
or shareholders.
For trusts. At least $2 million in any single
tax year or $4 million in any combination of
tax years, whether or not any losses flow
through to one or more beneficiaries. (At
least $50,000 for a single tax year if the loss
arose from a section 988 transaction defined
in section 988(c)(1) (relating to foreign
currency transactions), whether or not the
loss flows through from an S corporation or
partnership).
For purposes of the above threshold
amounts, a section 165 loss does not take
into account offsetting gains, other income,
or limitations. The full amount of a loss is
taken into account in the year it was
sustained, regardless of whether all or part
of the loss enters into the computation of a
net operating loss under section 172 or a
net capital loss under section 1212 that is a
carryback or carryover to another year. A
section 165 loss does not include any
portion of a loss, attributable to a capital loss
carryback or carryover from another year,
that is treated as a deemed capital loss
under section 1212.
In determining whether a transaction
results in a taxpayer claiming a loss that
meets the threshold amounts over a
combination of tax years as described
above, only losses claimed in the tax year
that the transaction is entered into and the 5
succeeding tax years are combined.
The types of losses included in this
category are section 165 losses, including

amounts deductible under a provision that
treats a transaction as a sale or other
disposition or otherwise results in a
deduction under section 165. However, this
category does not include losses described
in Rev. Proc. 2004-66, 2004-50 I.R.B. 966
(or future published guidance).
You have participated in a loss
transaction if your tax return reflects a
section 165 loss that equals or exceeds the
applicable threshold amount. If you are a
partner, shareholder, or beneficiary of a
pass-through entity (partnership, S
corporation, or trust), you have participated
in a loss transaction if your tax return
reflects a section 165 loss allocable to you
from the pass-through entity (disregarding
netting at the entity level) that equals or
exceeds the applicable threshold amount.

Transactions With a Significant
Book-Tax Difference
The disclosure requirement for this category
has been eliminated by Notice 2006-6.
Transactions with a significant book-tax
difference that would have been required to
be disclosed on returns filed with due dates
(including extensions) after January 5, 2006
are no longer reportable transactions. These
transactions do not need to be disclosed on
Form 8886. For more details, see Notice
2006-6, 2006-5 I.R.B. 385.
However, Notice 2006-6 does not relieve
taxpayers of any disclosure obligations for
significant book-tax difference transactions
that should have been disclosed on a return
with a due date prior to January 6, 2006. For
more information on book-tax difference
transactions, see Regulations section
1.6011-4 and the instructions for Form 8886
for the year in which the transaction should
have been disclosed.
If the significant book-tax difference
transaction is also a transaction described in
any of the five remaining reportable
transaction categories, the transaction must
still be disclosed. For more information, see
the instructions for line 2 on page 4.

Transactions With a Brief Asset
Holding Period
This category includes transactions that
result in your claiming a tax credit (including
a foreign tax credit) of more than $250,000 if
the asset giving rise to the credit was held
by you for 45 days or less. For purposes of
determining the holding period of the asset,
the principles of section 246(c)(3) and (c)(4)
apply. Disregard any transactions
generating a foreign tax credit for
withholding taxes or other taxes imposed on
a dividend that are not disallowed under
section 901(k) (including transactions
eligible for the exception for security dealers
under section 901(k)(4)).
You have participated in a transaction
involving a brief asset holding period if your
tax return reflects items giving rise to a tax
credit of more than $250,000. If you are a
partner, shareholder, or beneficiary of a
pass-through entity (partnership, S
corporation, or trust), you have participated
in such a transaction if you are claiming a
tax credit on your tax return from the
pass-through entity (disregarding netting at
the entity level) of more than $250,000.

-2-

Exceptions
Published Guidance
A transaction is not considered a reportable
transaction if the IRS makes a determination
in published guidance that it is not subject to
the reporting requirements. The IRS may
also determine by individual letter ruling that
an individual letter ruling request satisfies
the reporting requirements. However, an
individual letter ruling may be relied upon
only by the taxpayer who requested the
individual letter ruling. This includes a
transaction that would otherwise be included
in any of the above reportable transaction
categories.

Certain Lease Transactions
Customary leasing transactions involving
tangible personal property that are exempt
from the tax shelter registration
requirements and the list maintenance
requirements under Notice 2001-18, 2001-9
I.R.B. 731, are not required to be reported
on Form 8886 unless the transaction is a
listed transaction.

Shareholders of Foreign
Corporations
Special rules apply when determining
whether you participated in a reportable
transaction if you are a U.S. shareholder of
a foreign personal holding company, for tax
years beginning before January 1, 2005, or
a controlled foreign corporation, or if you are
a 10% shareholder of a qualified electing
fund. See Regulations section
1.6011-4(c)(3)(i)(G) for details.

Request for Ruling
You may request a ruling from the IRS to
determine whether a transaction must be
disclosed. The request for a ruling must be
submitted to the IRS by the date Form 8886
would otherwise be required to be filed.
Send the request to Internal Revenue
Service, Attn: CC:PA:LPD:DRU, P.O. Box
7604, Ben Franklin Station, Washington, DC
20044. However, if a private delivery service
is used, send the request to Internal
Revenue Service, Attn: CC:PA:LPD:DRU,
Room 5336, 1111 Constitution Avenue, NW,
Washington, DC 20224. See Rev. Proc.
2005-1, 2005-1 I.R.B. 1, or subsequent IRS
guidance for more details. If the request fully
discloses all relevant facts relating to the
transaction, your requirement to disclose the
transaction will be suspended during the
period that the ruling request is pending. If
the IRS determines that the transaction is a
reportable transaction, you must disclose
the transaction on Form 8886 and file the
form by the 60th day after the issuance of
the ruling. Also send a copy of the form by
this date to the address shown in When and
How To File below. If your request for a
ruling is withdrawn, you must file the form by
the 60th day after the date it is withdrawn.

Recordkeeping
You must keep a copy of all documents and
other records related to a reportable
transaction. See Regulations section
1.6011-4(g) for more details.

Page 3 of 4

Instructions for Form 8886

9:48 - 25-JAN-2006

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

When and How To File
Attach Form 8886 to your income tax return
or information return (including a
partnership, S corporation or trust return),
including amended returns, for each tax
year in which you participated in a
reportable transaction. If a reportable
transaction results in a loss or credit carried
back to a prior tax year, attach Form 8886 to
an application for tentative refund (Form
1045 or 1139) or amended return for the
carryback years. If you filed a return or
amended return that reflects the tax
consequences or tax strategy of a
transaction that later becomes a listed
transaction, attach Form 8886 to the first tax
return you file after the date the transaction
became a listed transaction.
Also file separately. If this is an initial
year filing of Form 8886, send an exact copy
of the form to the Office of Tax Shelter
Analysis (OTSA) at the following address
when you file the form with your tax return:
Internal Revenue Service
OTSA Mail Stop 4915
1973 North Rulon White Blvd.
Ogden, Utah 84404
If you file your income tax return
electronically, the copy sent to OTSA must
show exactly the same information, word for
word, provided with the electronically filed
return and it must be provided on the official
IRS Form 8886 or an exact copy of the form.
If you use a computer-generated or
substitute Form 8886, it must be an exact
copy of the official IRS form. See the
instructions for your income tax return for
information on electronic filing and substitute
forms.

Penalties
There is a monetary penalty under section
6707A for the failure to include on any return
or statement any information required to be
disclosed under section 6011 with respect to
a reportable transaction. The penalty for
failure to include information with respect to
a reportable transaction, other than a listed
transaction, is $10,000 in the case of a
natural person, and $50,000 in any other
case. The penalty for failure to include
information with respect to a listed
transaction is $100,000 in the case of a
natural person and $200,000 in any other
case. This penalty is in addition to any other
penalty that may be imposed. See section
6707A and Notice 2005-11, 2005-7 I.R.B.
493 for more information.
If you have a reportable transaction
understatement, an accuracy-related
penalty may be imposed under section
6662A. This penalty applies to the amount
of the understatement that is attributable to
any reportable transaction with a significant
tax avoidance purpose. The penalty
increases for transactions that are not
disclosed in accordance with Form 8886
and these instructions. If the transaction is
not disclosed and a reportable transaction
understatement exists, you will not have a
reasonable cause and good faith defense
under section 6664(d) with respect to the
accuracy-related penalty under section
6662A. For more information, see section
6662A and Notice 2005-12, 2005-7 I.R.B.
494.

A penalty is assessed for each failure by
any person required to file a Form 8886, if
the person (a) fails to file the form by the
due date, including extensions, or (b) files a
form that fails to include all the information
required (or includes incorrect information).
The Form 8886 must be completed in its
entirety with all required attachments to be
considered complete. Do not enter
“Information provided upon request” or
“Details available upon request,” or any
similar statement in the space provided.
Inclusion of any such statements subjects
you to penalty under sections 6707A and
6662A.
If you are required to pay a penalty
under section 6707A or section
CAUTION 6662A, you may be required to
disclose them on reports filed with the
Securities and Exchange Commission. If
you do not disclose these penalties, you
may incur additional penalties under section
6707A(e). For more information, see section
6707A(e) and Rev. Proc. 2005-51, 2005-33
I.R.B. 296.

!

Previously Undisclosed Listed
Transactions
If you are required to disclose a listed
transaction and fail to do so within the time
and manner prescribed under section 6011
and the related regulations, then under
section 6501(c)(10) the period of limitations
to assess any tax with respect to the listed
transaction will be extended beyond the
normal assessment period until one year
after the earlier of either:
• The date you disclose the transaction by
filing Form 8886 in accordance with the
manner prescribed in Rev. Proc. 2005-26
(or subsequently published guidance), or
• The date that a material advisor provides
the information required under section 6112
in response to a request by the IRS under
section 6112.
Section 6501(c)(10) is effective for tax
years with respect to which the limitations
period on assessment did not expire prior to
October 22, 2004. Section 6501(c)(10) does
not revive an assessment period that
expired prior to October 22, 2004. For more
information, see Rev. Proc. 2005-26,
2005-17 I.R.B. 965.
If you are filing Form 8886 to disclose a
previously undisclosed listed transaction for
purposes of section 6501(c)(10), submit the
form and a cover letter to the Internal
Revenue Service Center where your original
tax return was filed. Write across the top of
page 1 of each Form 8886 the following
statement: “Section 6501(c)(10) Disclosure”
followed by the tax year and tax return to
which the disclosure statement applies. For
example, if the Form 8886 relates to your
Form 1040 for the 2002 tax year, you must
include the following statement: “Section
6501(c)(10) Disclosure; 2002 Form 1040” on
the form. The cover letter must identify the
tax return to which the disclosure statement
relates and the following statement signed
under penalties of perjury by the taxpayer
and if applicable, the paid preparer of Form
8886: “Under penalties of perjury, I declare
that I have examined this reportable
transaction disclosure statement and, to the
best of my knowledge and belief, this
reportable transaction disclosure statement

-3-

is true, correct, and complete. Declaration of
preparer (other than the taxpayer) is based
on all information of which the preparer has
any knowledge.” Separate Forms 8886 and
separate cover letters must be submitted for
each tax year for which you participated in
the undisclosed listed transaction. You must
also submit a copy of the form and cover
letter simultaneously to OTSA at the
address indicated above. See Rev. Proc.
2005-26, 2005-17 I.R.B. 965 for additional
guidance.

Specific Instructions
How To Complete
Form 8886
In order to be considered complete, Form
8886 must be completed in its entirety with
all required attachments. Do not simply write
“See Attached.” If the information required
exceeds the space provided, complete as
much information as possible in the
available space and attach the remaining
information on additional sheets. The
additional sheets must be in the same order
as the lines to which they correspond. You
must also include your name and identifying
number at the top of each additional sheet.

Item A
Enter the form number and year of the tax
return with which this Form 8886 is filed (for
example, Form 1040). If the tax return has a
calendar tax year, enter the year shown on
the return (for example, 2005). If it is a fiscal
year return, enter the date the fiscal year
ends using the mm/dd/yyyy format (for
example, 06/30/2006).

Item B
Check all the box(es) that apply.
Initial year filer. If this is the first year that
you are filing a Form 8886 to disclose this
transaction, check this box and file a
duplicate copy of the form with OTSA (see
When and How To File above).
Protective disclosure. You may indicate
that you are filing on a protective basis by
checking this box (under the option provided
in Regulations section 1.6011-4(f)).

Line 1a
Enter the name, if any, by which the
transaction is known or commonly referred
to. If no name exists, provide a short
identifying description of this transaction that
distinguishes it from other reportable
transactions in which you have participated
(or may participate in the future). If you are
reporting more than one transaction and the
transactions have different names, enter all
names in the space provided. If additional
space is needed, write “See Additional List”
and attach a list.

Line 1b
Enter the first year that you participated in
this transaction in year format (yyyy). If you
are reporting for more than one transaction,
enter all initial years in the space provided. If
additional space is needed, write “See
Additional List” and attach a list.

Page 4 of 4

Instructions for Form 8886

9:48 - 25-JAN-2006

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

Note. This may not be the same as the year
for which you are disclosing a reportable
transaction.

Line 1c
Enter your material advisor registration
number(s) (9 digits) and/or the tax shelter
registration number(s) (11 digits), if any. If
you are reporting either of these numbers
for more than one transaction, enter all
numbers in the space provided. If additional
space is needed, write “See Additional List”
and attach a list.
Material advisor registration number(s).
Enter the 9 digit material advisor registration
number(s) for the transaction you are
reporting on this Form 8886. Enter all
numbers in the space provided. If additional
space is needed, write “See Additional List”
and attach a list. Material advisor
registration numbers are issued to material
advisors who file a return disclosing a
reportable transaction under section 6111.
Material advisors must give this number to
the investors. See section 6111 and Notice
2004-80, 2004-50 I.R.B. 963 for more
information.
Tax shelter registration number(s). If the
transaction(s) has been registered as a tax
shelter under section 6111, provide the
registration number(s) that has been
assigned to the tax shelter. If you are
reporting more than one transaction and tax
shelter registration number, enter all
numbers in the space provided. If additional
space is needed, write “See Additional List”
and attach a list. Generally, a tax shelter
registration number is reported on Form
8271, Investor Reporting of Tax Shelter
Registration Number. If you are a partner of
a partnership or a shareholder of an S
corporation that invested in a tax shelter,
you may receive a Form 8271 with your
Schedule K-1.

Line 2
Check the box for all categories that apply to
the transaction being reported. The five
reportable transaction categories are
described under Participation in a
Reportable Transaction on page 1.
Note. The category for significant book-tax
difference transactions has been eliminated
by Notice 2006-6. Transactions with a
significant book-tax difference that would
have been required to be disclosed on
returns filed with a due date (including
extensions) after January 5, 2006 are no
longer reportable transactions. Do not check
box 2e for these transactions.
However, if the transaction is also a
transaction described in any of the five
remaining reportable transaction categories,
it must still be disclosed and the box for all
appropriate categories (that is, a, b, c, d, or
f) must be checked.
For more details, see Transactions With
a Significant Book-Tax Difference on page 2
and Notice 2006-6.

If the transaction is a listed
transaction, you must check the
CAUTION
listed transaction box in addition to
any others that may apply.

!

Line 3
Provide a brief identifying description of the
listed transaction and identify the notice,
revenue ruling, or regulation (for example,
Regulations section 1.634(a)-8 or Notice
2002-70) that identified the listed transaction
as shown in Notice 2004-67 or later IRS
guidance.

Line 4
Do not report more than one transaction on
this form unless the transactions are the
same or substantially similar. See the
definition of substantially similar on
page 1.

Line 5
If you invested in the transaction through
another entity(ies), such as a partnership,
an S corporation, or a foreign corporation,
complete lines 5a-d. If you are reporting
more than one entity, separate the
information for each entity by commas in
each space provided. For line 5c, enter the
form number of the U.S. tax return filed by
the entity (for example, Form 1065). If the
entity did not file a U.S. tax return, enter
“none.” Enter the EIN of the entity, if any
(include the hyphen).

Line 7
Include the facts that may be relevant to
understanding the claimed or expected
federal income tax treatment of the
transaction. In addition:
1. Provide the complete names and
addresses of all parties to the transaction
(including, but not limited to, participants in
the transaction), and describe their
involvement in the transaction. For example,
such parties may include:
• Other investors in the transaction.
• Tax-exempt entities that received fees,
contributions, income, or gains in connection
with the transaction.
• Foreign individuals or entities not
subject to U.S. income tax that received
fees, income, or gains in connection with the
transaction.
• Financial institutions that loaned
money used in the transaction.
2. If you checked box 2b, explain how
your disclosure of information concerning
the transaction was limited (for example, by
contract or verbal agreement) and the
nature and extent of the disclosure
limitations. See Regulations section
1.6011-4(b)(3) for more details.
3. If you checked box 2c, describe the
terms of the contractual protection. See
Regulations section 1.6011-4(b)(4) for more
details.

-4-

4. If you checked box 2d, explain how
you calculated the basis of the asset for
which there was a loss.
If you need more space, follow the
instructions under How To Complete Form
8886 on page 3.

Line 8
Tax benefits include deductions, exclusions
from gross income, nonrecognition of gain,
tax credits, adjustments (or the absence of
adjustments) to the basis of property, status
as a tax-exempt organization, or any other
tax consequences that may reduce your
federal income tax liability by affecting the
amount, timing, character, or source of any
item of income, gain, loss, expense, or
credit.
If you need more space, follow the
instructions under How To Complete Form
8886 on page 3.
Paperwork Reduction Act Notice. You
are not required to provide the information
requested on a form that is subject to the
Paperwork Reduction Act unless the form
displays a valid OMB control number. Books
or records relating to a form or its
instructions must be retained as long as
their contents may become material in the
administration of any Internal Revenue law.
Generally, tax returns and return information
are confidential, as required by section
6103.
The time needed to complete and file this
form will vary depending on individual
circumstances. The estimated burden for
individual taxpayers filing this form is
approved under OMB control number
1545-0074 and is included in the estimates
shown in the instructions for their individual
income tax return. The estimated burden for
all other taxpayers who file this form is
shown below.
Recordkeeping . . . . . . . . . . 6 hr., 13 min.
Learning about the law or the
form . . . . . . . . . . . . . . . . . . 4 hr., 28 min.
Preparing, copying,
assembling, and sending the
form to the IRS . . . . . . . . . . . 4 hr., 46 min.

If you have comments concerning the
accuracy of these time estimates or
suggestions for making this form simpler, we
would be happy to hear from you. You can
write to the Internal Revenue Service, Tax
Products Coordinating Committee,
SE:W:CAR:MP:T:T:SP, 1111 Constitution
Ave. NW, IR-6406, Washington, DC 20224.
Do not send the form to this address.
Instead, see When and How To File on
page 3.