Application for Automatic Extension of Time to File Certain Business Income Tax, Information, and Other Returns

Userid: DJBUCH00

PAGER/SGML
Page 1 of 4

Fileid:

DTD INSTR04

Leadpct: 0%

Pt. size: 9

D:\Users\bn4bb\documents\epicfiles\2008 Epic Files\I7004work2.sgm

Instructions for Form 7004

❏

Draft

❏

Ok to Print

(Init. & date)

17:54 - 9-SEP-2008

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

2008

Department of the Treasury
Internal Revenue Service

Instructions for Form 7004
Application for Automatic Extension of Time To File Certain Business Income Tax,
Information, and Other Returns

General Instructions

If you do not file electronically, file Form 7004 with the
Internal Revenue Service Center at the applicable address for
your return as shown in the table, Where To File, on page 4.
Signature. No signature is required on this form.

What’s New

No Blanket Requests

Changes to Form 7004. Form 7004 has been divided into
three parts. Depending on the extension being requested, the
entity will complete Part I or Part II of Form 7004. Regardless of
the choice made, all filers will complete Part III.
5-month extension of time to file. For Forms 1065, Forms
1041, and Forms 8804 that are due to be filed after December
31, 2008, the automatic extension period has been reduced
from 6 months to 5 months. Use Part I, line 1a, to request a
5-month extension of time to file.
New return added. Form 8928, Return of Certain Excise
Taxes Under Chapter 43 of the Internal Revenue Code, has
been added to the list of returns which can use Form 7004 to
request a 6-month extension of time to file.

File a separate Form 7004 for each return for which you are
requesting an extension of time to file. This extension will apply
only to the specific return identified on line 1a or line 1b. For
consolidated group returns, see the instructions for line 3.

Section references are to the Internal Revenue Code unless
otherwise noted.

Purpose of Form
Use Form 7004 to request an automatic extension of time to file
certain business income tax, information, and other returns. The
extension will be granted if you complete Form 7004 properly,
make a proper estimate of the tax (if applicable), file the form by
the due date of the return to which the Form 7004 applies, and
pay any tax that is due.
Automatic 5-month extension. All the returns shown in Part
I, line 1a of Form 7004 are eligible for an automatic 5-month
extension of time to file from the due date of the return.
Automatic 6-month extension. All the returns shown in Part
II, line 1b of Form 7004 are eligible for an automatic 6-month
extension of time to file from the due date of the return (see
lines 2 and 5 for exceptions).
Notifications. The IRS will no longer be sending notifications
that your extension has been approved. We will notify you only
if your request for an extension is not allowed.

When to File
Generally, Form 7004 must be filed on or before the due date of
the applicable tax return. The due dates of the returns can be
found in the instructions for the applicable return.
Exceptions. See the instructions for line 2 for foreign
corporations with no office or place of business in the United
States. See the instructions for line 4 for foreign and certain
domestic corporations and for certain partnerships.

Termination of Extension
The IRS may terminate the automatic extension at any time by
mailing a notice of termination to the entity or person that
requested the extension. The notice will be mailed at least 10
days before the termination date given in the notice.

How and Where To File
Form 7004 can be filed electronically for most returns. For
details on electronic filing, visit www.irs.gov/efile. Click onTax
Professionals. However, Form 7004 cannot be filed
electronically for Forms 8612, 8613, 8725, 8831, 8876, or
706-GS(D).

!

Do not complete both Part I, line 1a and Part II, line 1b,
of this form.

CAUTION

Extension Period
Properly filing this form will automatically give you the maximum
extension allowed from the due date of your return to file the
return (except as noted below in the instructions for lines 2 and
4 with regard to foreign corporations, certain domestic
corporations, and certain partnerships with their books and
records outside of the United States and Puerto Rico). See the
instructions for the applicable return for its due date.

Rounding Off to Whole Dollars
The entity can round off cents to whole dollars on its return and
schedules. If the entity does round to whole dollars, it must
round all amounts. To round, drop amounts under 50 cents and
increase amounts from 50 to 99 cents to the next dollar (for
example, $1.39 becomes $1 and $2.50 becomes $3).
If two or more amounts must be added to figure the amount
to enter on a line, include cents when adding the amounts and
round off only the total.

Payment of Tax
Form 7004 does not extend the time for payment of tax.
Generally, payment of any balance due on line 8 of Form 7004
is required by the due date of the return for which this extension
is filed.
Penalty for late filing of return. Generally, a penalty is
charged if the return is filed after the due date (including
extensions) unless you can show reasonable cause for not filing
on time. The penalty is usually 5% of the amount due for each
month or part of a month your return is late. Generally, the
maximum penalty is 25%. If your return is more than 60 days
late, the minimum penalty is $135 or the balance due on your
return, whichever is smaller. If you believe you have reasonable
cause for not filing on time, attach a statement to your return
fully explaining the reasons. See the specific instructions for the
applicable return for details.
Penalty for late payment of tax. Generally, a penalty of 1/2 of
1% of any tax not paid by the due date is charged for each
month or part of a month that the tax remains unpaid. The
penalty cannot exceed 25% of the amount due. The penalty will
not be charged if you can show reasonable cause for not
paying on time.
If a corporation is granted an extension of time to file a
corporation income tax return, it will not be charged a late
payment penalty if the tax shown on line 6 (or the amount of tax
paid by the regular due date of the return) is at least 90% of the

Cat. No. 51607V

Page 2 of 4

Instructions for Form 7004

17:54 - 9-SEP-2008

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

tax shown on the total tax line of your return, and the balance
due shown on the return is paid by the extended due date.
Interest. Interest is charged on any tax not paid by the regular
due date of the return from the due date until the tax is paid. It
will be charged even if you have been granted an extension or
have shown reasonable cause for not paying on time.
Forms 1065, 1065-B, and 1066. A penalty may be assessed
against the partnership or REMIC if it is required to file a return,
but fails to file it on time, including extensions, or files a return
that fails to show all the information required, unless the entity
can show reasonable cause for not filing on time. See the
instructions for Forms 1065, 1065-B, or 1066 for more
information.

information using the following format: 8.5 x 11, 20 lb. white
paper, 12 point font in Courier, Arial, or Times New Roman;
black ink; one sided printing, and at least 1/2 inch margin.
Information is to be presented in a two column format, with the
left column containing affiliates’ names and addresses, and the
right column containing the TIN with 1/2 inch between the
columns. There should be two blank lines between listed
affiliates.
Generally, all members of a consolidated group must use the
same taxable year as the common parent corporation. If,
however, a particular member of a consolidated group is
required to file a separate income tax return for a short period
and seeks an extension of time to file the return, that member
must file a separate Form 7004 for that period. See Regulations
section 1.1502-76 for details.

Specific Instructions

!

Name and identifying number. If your name has changed
since you filed your tax return for the previous year, enter on
Form 7004 your name as you entered it on the previous year’s
income tax return. If the name entered on Form 7004 does not
match the IRS database and/or the identifying number is
incorrect, you will not have a valid extension. Enter the
applicable employer identification number (EIN) or social
security number.
Address. Include the suite, room, or other unit number after
the street address. If the Post Office does not deliver mail to the
street address and the corporation has a P.O. box, show the
box number instead of the street address.
If the entity’s address is outside the United States or its
possessions or territories, enter in the space for “city or town,
state, and ZIP code,” the information in the following order: city,
province or state, and country. Follow the country’s practice for
entering the postal code. Do not abbreviate the country name.
If your mailing address has changed since you filed your last
return, use Form 8822, Change of Address, to notify the IRS of
the change. A new address shown on Form 7004 will not
update your record.

CAUTION

Any member of either a controlled group of corporations
or an affiliated group of corporations not joining in a
consolidated return must file a separate Form 7004.

Note. Failure to list members of the affiliated group on an
attachment may result in the group’s inability to elect to file a
consolidated return. See Regulations sections 301.9100-1
through 301.9100-3.

Part III All Filers Must Complete This Part
Line 4. Corporations or Certain Partnerships
That Qualify Under Regulations Section 1.6081-5
Exceptions for foreign and certain domestic corporations.
Certain foreign and domestic corporations (as described below)
are entitled to a 3-month extension of time to file and pay under
Regulations section 1.6081-5. You do not need to file Form
7004 if you are taking this 3-month extension of time to file and
pay. You must file (or request an additional extension of time to
file) and pay any balance due by the 15th day of the 6th month
following the close of the tax year.
Attach a statement to the corporation’s tax return stating the
corporation qualifies for the extension to file and pay because it
is:
• A foreign corporation that maintains an office or place of
business in the United States,
• A domestic corporation that transacts its business and keeps
its books and records of account outside the United States and
Puerto Rico, or
• A domestic corporation whose principal income is from
sources within the possessions of the United States.
If the corporation is unable to file its return within the
3-month extension, check box 4 on Form 7004 to request an
additional 3-month extension.
Exceptions for certain partnerships. Partnerships that keep
their records and books outside the United States and Puerto
Rico are entitled to a 2-month extension of time to file and pay,
if applicable.
You do not need to file Form 7004 if the partnership is taking
the 2-month extension of time to file and pay. Attach a
statement to the partnership’s tax return stating that the
partnership qualifies for the extension of time to file and pay. If
the partnership is unable to file its return within the 2-month
period, check box 3 on Form 7004 to request an additional
extension (3 months for partnerships filing Form 1065, and 4
months for partnerships filing Form 1065-B).

Part I Automatic 5-Month Extension
Line 1a
If you are applying for an automatic 5-month extension, enter
the appropriate Form Code in the boxes on line 1a to indicate
the type of return for which you are requesting an extension.
Enter only one Form Code. If you make a Form Code entry on
line 1a, do not make a Form Code entry on line 1b.

Part II Automatic 6-Month Extension
Line 1b
If you are applying for an automatic 6-month extension, enter
the appropriate Form Code in the boxes on line 1b to indicate
the type of return for which you are requesting an extension.
Enter only one Form Code. If you make a Form Code entry on
line 1b, do not make a Form Code entry on line 1a.

Line 2
Check the box on line 2 if you are requesting an extension of
time to file for a foreign corporation that does not have an office
or place of business in the United States. The entity should file
Form 7004 by the due date of the return (the 15th day of the 6th
month following the close of the tax year) to request the
automatic 6-month extension.

Line 5a
If you do not use a calendar year, complete the lines showing
the tax year beginning and ending dates.

Line 3
Note. This is applicable to corporations only.
Only the common parent of a consolidated group can
request an extension of time to file the group’s consolidated
return.
Attach a list of all members of the consolidated group
showing the name, address, and EIN for each member of the
group. If you file a paper return, you must provide this

Line 5b
Check the applicable box for the reason for the short tax year. If
the box for “Change in accounting period” is checked, the entity
must have applied for approval to change its tax year unless
certain conditions have been met. For more information, see
Form 1128, Application To Adopt, Change, or Retain a Tax
Year, and Pub. 538, Accounting Periods and Methods.

-2-

Page 3 of 4

Instructions for Form 7004

17:54 - 9-SEP-2008

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

and interest it will owe. If the trust, electing large partnership, or
REMIC needs to make a payment, see Note below.
If you are requesting an extension of time to file Form 1042,
see the deposit rules in the instructions for the form to
determine how payment must be made.
Note. On all checks or money orders, write the entity’s
taxpayer identification number (TIN), the type of tax return, and
the tax year to which the payment applies. Make the check or
money order payable to “United States Treasury.”

Line 6
Enter the total tax, including any nonrefundable credits, the
entity expects to owe for the tax year. See the specific
instructions for the applicable return to estimate the amount of
the tentative tax. If you expect this amount to be zero, enter -0-.

Line 7
Enter the total payments and refundable credits. For more
information about “write-in” payments and credits, see the
instructions for the applicable return.

Paperwork Reduction Act Notice. We ask for the information
on this form to carry out the Internal Revenue laws of the United
States. You are required to give us the information. We need it
to ensure that you are complying with these laws and to allow
us to figure and collect the right amount of tax.
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 average
time is:

Line 8
Form 7004 does not extend the time to pay tax. If the entity is a
corporation or affiliated group of corporations filing a
consolidated return, the corporation must remit the amount of
the unpaid tax liability shown on line 8 on or before the due date
of the return.
Domestic corporations must deposit all income tax payments
by using the Electronic Federal Tax Payment System (EFTPS)
or with Form 8109, Federal Tax Deposit Coupon, by the due
date of the return. If you file Form 7004 electronically, you can
pay by Electronic Funds Withdrawal (EFW). See Form 8878-A,
IRS e-file Electronic Funds Withdrawal Authorization for Form
7004. If the corporation expects to have a net operating loss
carryback, the corporation can reduce the amount to be
deposited to the extent of the overpayment resulting from the
carryback, provided all other prior year tax liabilities have been
fully paid and Form 1138, Extension of Time for Payment of
Taxes by a Corporation Expecting a Net Operating Loss
Carryback, is filed with Form 7004.
Foreign corporations that maintain an office or place of
business in the United States should pay their tax as described
above for domestic corporations.
For foreign corporations that do not maintain an office or
place of business in the United States and need to make a
payment, see Note below.
A trust (Form 1041), electing large partnership (Form
1065-B), or REMIC (Form 1066) will be granted an extension
even if it cannot pay the full amount shown on line 8. But it
should pay as much as it can to limit the amount of penalties

Recordkeeping . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 hr., 6 min.
Learning about the law or the form . . . . . . . . . . . . . 1 hr., 3 min.
Preparing the form . . . . . . . . . . . . . . . . . . . . . . . . . 2 hr., 5 min.
Copying, assembling, and sending the form to the IRS
16 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, 1111
Constitution Ave. NW, IR-6526, Washington, DC 20224. Do not
send the tax form to this address. Instead, see Where To File,
below.

-3-

Page 4 of 4

Instructions for Form 7004

17:54 - 9-SEP-2008

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

Where To File
IF the form is . . .

AND the settler is (or was at death) . . .

THEN file Form 7004 at:

706-GS(D) &
706-GS(T)

A resident U.S. citizen, resident alien,
nonresident U.S. citizen, or alien

Department of the Treasury, Internal Revenue Service Center,
Cincinnati, OH 45999-0045, or for private delivery service: 201
W. Rivercenter Blvd., Covington, KY 41011-1424

IF the form is . . .

AND your principal business, office, or agency is
located in . . .

THEN file Form 7004 at:

Connecticut, Delaware, District of Columbia, Illinois,
Indiana, Kentucky, Maine, Maryland, Massachusetts,
Michigan, New Hampshire, New Jersey, New York,
North Carolina, Ohio, Pennsylvania, Rhode Island,
South Carolina, Vermont, Virginia, West Virginia,
Wisconsin

Department of the Treasury
Internal Revenue Service Center
Cincinnati, OH 45999-0045

Alabama, Alaska, Arizona, Arkansas, California,
Colorado, Florida, Georgia, Hawaii, Idaho, Iowa,
Kansas, Louisiana, Minnesota, Mississippi, Missouri,
Montana, Nebraska, Nevada, New Mexico, North
Dakota, Oklahoma, Oregon, South Dakota,
Tennessee, Texas, Utah, Washington, Wyoming

Department of the Treasury
Internal Revenue Service Center
Ogden, UT 84201-0045

A foreign country or U.S. possession

Internal Revenue Service Center
P.O. Box 409101, Ogden, UT 84409

Any location

Department of the Treasury
Internal Revenue Service Center
Cincinnati, OH 45999-0045

1041, 1120-H

1041-QFT,
8725, 8876
1042, 1120-F,
1120-FSC,
3520-A, 8804

Internal Revenue Service Center
P.O. Box 409101, Ogden, UT 84409

Any location

The United States

Department of the Treasury
Internal Revenue Service Center
Ogden, UT 84201-0045

A foreign country or U.S. possession

Internal Revenue Service Center
P.O. Box 409101, Ogden, UT 84409

Any location

Department of the Treasury
Internal Revenue Service Center
Ogden, UT 84409-0045

1066, 1120-C,
1120-PC

1041-N, 1065-B,
1120-POL

Connecticut, Delaware, District of Columbia, Georgia, And the total assets at the Department of the Treasury
Illinois, Indiana, Kentucky, Maine, Maryland,
end of the tax year are:
Internal Revenue Service Center
Massachusetts, Michigan, New Hampshire, New
Less than $10 million
Cincinnati, OH 45999-0045
Jersey, New York, North Carolina, Ohio,
Pennsylvania, Rhode Island, South Carolina,
Tennessee, Vermont, Virginia, West Virginia,
Wisconsin
1065, 1120,
1120-L, 1120-ND,
1120-REIT,
1120-RIC, 1120S,
1120-SF, 8612, 8613

$10 million or more
Alabama, Alaska, Arizona, Arkansas, California,
Colorado, Florida, Hawaii, Idaho, Iowa, Kansas,
Louisiana, Minnesota, Mississippi, Missouri,
Montana, Nebraska, Nevada, New Mexico, North
Dakota, Oklahoma, Oregon, South Dakota, Texas,
Utah, Washington, Wyoming
A foreign country or U.S. possession

8831

Department of the Treasury
Internal Revenue Service Center
Ogden, UT 84201-0045

Department of the Treasury
Internal Revenue Service Center
Ogden, UT 84201-0045

Internal Revenue Service Center
P.O. Box 409101, Ogden, UT 84409
Department of the Treasury
Internal Revenue Service Center
Cincinnati, OH 45999-0045

Any location

-4-