Form 8752 Required Payment or Refund Under Section 7519

Form

8752

Department of the Treasury
Internal Revenue Service

Required Payment or Refund Under Section 7519
▶

Do not attach this form to Form 1065, Form 1065-B, or Form 1120S; file it separately.
▶ Information about Form 8752 and its instructions is at www.irs.gov/form8752.

For the required payment computed using the net income from the base year ending
▶

, 2012

2012

Due by May 15, 2013

Name of partnership or S corporation
Type or print

OMB No. 1545-1181

Employer identification number

Number, street, and room or suite no. If a P.O. box, see instructions.
City or town, state, and ZIP code

A
B
C
D

Check applicable box to show how entity is classified for federal income tax purposes: (1)
Partnership
S Corporation
(2)
If this is the entity’s first tax year, skip lines 1 through 10, enter -0- on line 11, and check this box
. . . . . . .▶
If this form is being filed to claim a full refund of the net required payment balance because of a terminating event, skip
lines 1 through 9a, enter -0- on line 9b, complete lines 10-12, and check this box . . . . . . . . . . . . . ▶
If the entity had a short base year (a base year of less than 12 months), check this box. See the line 1 instructions for the
definition of “base year” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ▶

1

Net income for base year. If the entity had a short base year, increase the net income for the
short base year by the applicable payments made during the base year (line 2 below), and
multiply the result by the ratio of 12 over the number of months in the short base year. Carry out
the ratio to at least 3 decimal places. If zero or less, enter -0- . . . . . . . . . . . .

2
3

Applicable payments made during base year . . . . . . . . . . . . . . . . .
Deferral ratio. Divide the number of months in the deferral period by 12 and enter the result as a
percentage. Carry out your answer to at least the nearest tenth of a percent . . . . . . .

4

Line 1 deferred amount. Multiply line 1 by line 3 . . . . . . . . . . .
Caution. If the entity had a short base year, skip lines 5 and 6 and go to line 7.

5
6

Line 2 deferred amount. Multiply line 2 by line 3 . . . . . .
Applicable payments made during the deferral period of the base
year
. . . . . . . . . . . . . . . . . . . .

7

8

.

.

.

.

.

3

%

4

.

5

6
If the entity had a 12-month base year, subtract line 6 from line 5. If zero or less, enter -0-. If the
entity had a short base year, enter the applicable payments made during the deferral period of
the applicable election year . . . . . . . . . . . . . . . . . . . . . . .
Net base year income. If the entity had a 12-month base year, add lines 4 and 7. If the entity had
a short base year, subtract line 7 from line 4. If zero or less, enter -0- . . . . . . . . .

9a Multiply line 8 by 36% (.36) . . . . . . . . . . . . . ▶ 9a
b If line 9a is more than $500 or the required payment for any prior tax year was more than $500,
enter the amount from line 9a here. Otherwise, enter -0- . . . . . . . . . . . . ▶
10
Net required payment balance. Enter the excess of the required payments made for all prior
years over the refunds of any required payments received for all prior years . . . . . . .
11
Required payment due. If line 9b is larger than line 10, subtract line 10 from line 9b. See the
line 11 instructions for payment options . . . . . . . . . . . . . . . . . . .
12

1
2

Refund of net prior year payments. If line 10 is larger than line 9b, subtract line 9b from line 10

7
8

9b
10
11
12

Sign
Here

Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my
knowledge and belief, it is true, correct, and complete. Declaration of preparer (other than taxpayer) is based on all information of which preparer has
any knowledge.

Keep a copy of
this form for your
records.

▶

Paid
Preparer
Use Only

Signature of officer, general partner, or limited liability company
member manager

Print/Type preparer’s name

Preparer's signature

Date

▶
Date

Title

Check
if
self-employed

Firm’s name

▶

Firm's EIN

Firm's address

▶

Phone no.

For Paperwork Reduction Act Notice, see the instructions.

Cat. No. 64988D

PTIN

▶

Form 8752 (2012)

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Form 8752 (2012)

General Instructions
Section references are to the Internal Revenue Code unless
otherwise noted.
Future developments. For the latest information about
developments related to Form 8752 and its instructions, such as
legislation enacted after they were published, go to www.irs.gov/
form8752.
Purpose of form. Partnerships and S corporations use Form 8752
to figure and report the payment required under section 7519 or to
obtain a refund of net prior year payments.
Section 7519 payments are required of any partnership or S
corporation that has elected under section 444 to have a tax year
other than a required tax year.
Who must file. A partnership or S corporation must file Form 8752
if it made a section 444 election by filing Form 8716, Election To
Have a Tax Year Other Than a Required Tax Year, and its election is
in effect for the tax year. A partnership or S corporation that
terminates its section 444 election or liquidates must also file Form
8752 to claim a refund of its net required payment balance. See
section 7519(c) for details.
Do not file Form 8752 for a personal service corporation (as
defined in Regulations section 1.441-3). Instead, file Schedule H
(Form 1120), Section 280H Limitations for a Personal Service
Corporation (PSC), with the corporation’s income tax return.
When to file. For applicable election years beginning in 2012, Form
8752 must be filed and the required payment made on or before
May 15, 2013.

!
▲

For your base year ending in 2012, you must use the
2012 Form 8752. You cannot use the 2012 Form 8752
for your base year ending in 2013.

CAUTION

However, Temporary Regulations section 1.444-3T(b)(4)(iii)
provides a special rule that extends the due date for filing Form
8752 and making the required payment related to certain back-up
section 444 elections.
Where to file. File Form 8752 at the applicable IRS address listed
below.
Note. If the partnership or S corporation is filing this form before
January 1, 2013 and its principal place of business or principal
office or agency is located in Florida, use the Ogden, UT address
shown under Use the following address, below.
If the entity’s principal place of
business or principal office
or agency
is located in
▼
Connecticut, Delaware, District of
Columbia, Florida, Georgia,
Illinois, Indiana, Kentucky, Maine,
Maryland, Massachusetts,
Michigan, New Hampshire, New
Jersey, New York, North Carolina,
Ohio, Pennsylvania,
Rhode Island, South Carolina,
Tennessee, Vermont, Virginia,
West Virginia, Wisconsin
Alabama, Alaska, Arizona,
Arkansas, California, Colorado,
Hawaii, Idaho, Iowa, Kansas,
Louisiana, Minnesota,
Mississippi, Missouri, Montana,
Nebraska, Nevada, New Mexico,
North Dakota, Oklahoma, Oregon,
South Dakota, Texas, Utah,
Washington, Wyoming

Use the following address
▼

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

An entity without a principal office or agency or principal place of
business in the United States must file Form 8752 with the Internal
Revenue Service Center, P.O. Box 409101, Ogden, UT 84409.
Penalties. If the required payment is not made by the due date, the
entity may have to pay a penalty equal to 10% of the
underpayment. For this purpose, “underpayment” means the
excess of the required payment over the amount (if any) of such
payment made on or before the due date for the applicable election
year. The penalty will not be imposed if the entity can show that the
failure to pay on time was due to reasonable cause and not willful
neglect. If you include this penalty with the entity’s payment, identify
and enter the penalty amount in the bottom margin of page 1. Do
not include the penalty in the Required payment due space on line
11. Other penalties may also apply. If the entity receives a notice
about a penalty after it files Form 8752, the entity should send us an
explanation and we will determine if the entity meets reasonable
cause criteria. Do not attach an explanation when filing Form 8752.
Amended return. To correct an error in a Form 8752 already filed,
file an amended Form 8752 and write “Amended Return” across the
top.

Specific Instructions
For the applicable election year beginning in 2012, enter the ending
date of the base year ending in 2012. See the definitions of
applicable election year and base year under Line 1. Net income for
base year, below.
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 entity has a P.O. box, show the box number
instead of the street address.
Item B. If an applicable election year is the entity’s first year of
existence (i.e., it is a newly formed entity and therefore does not
have a base year), the required payment is zero.
Item C. If the entity terminated its section 444 election and the
termination took effect for a tax year ending in 2012, or the entity
liquidated during a tax year ending in 2012, check this box. The
entity should claim a full refund of the net required payment balance
shown on line 10. See section 7519(c)(3) to determine when you are
eligible for the refund.
A partnership’s section 444 election ends if the partnership
changes its accounting period to its required tax year or some other
permitted year, it is penalized for willfully failing to comply with the
requirements of section 7519, or it becomes a member of a tiered
structure and the same tax year exception does not apply (see
Temporary Regulations section 1.444-2T for more about tiered
structures).
An S corporation’s section 444 election ends if it changes its
accounting period to a calendar year or some other permitted year,
it is penalized for willfully failing to comply with the requirements of
section 7519, it becomes a member of a tiered structure and the
same tax year exception does not apply (see Temporary
Regulations section 1.444-2T), or its S corporation election
terminates (unless it immediately becomes a personal service
corporation).
See Temporary Regulations section 1.444-1T(a)(5)(ii) for the
effective date of the termination of a section 444 election.
Once a section 444 election is terminated, the entity may never
make another section 444 election.

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

Line 1. Net income for base year. The term “base year” means the
tax year preceding the applicable election year. Any tax year for
which a section 444 election is in effect, including the first tax year
the section 444 election is made, is an applicable election year. For
example, if you are completing Form 8752 for the applicable
election year beginning October 1, 2012, and ending September 30,
2013, the base year is the tax year beginning October 1, 2011, and
ending September 30, 2012.

Form 8752 (2012)

Partnerships. Line 1 net income is the aggregate (not less than
zero) of the partnership’s items of income and expense, other than
tax-exempt income, nondeductible expenses, and guaranteed
payments under section 707(c). When figuring this amount,
disregard any limitations at the partner level. For base years
beginning in 2011, line 1 should equal the amount on the 2011 Form
1065, line 1 of Analysis of Net Income (Loss), plus the aggregate
items of income and expense, if any, reported on the attached
statement for Schedule K, line 20c (but not less than zero).
S corporations. Line 1 net income is the aggregate (not less than
zero) of the corporation’s items of income and expense, other than
tax-exempt income and nondeductible expenses. When figuring this
amount, disregard any limitations at the shareholder level. For base
years beginning in 2011, line 1 should equal the amount on the 2011
Form 1120S, Schedule K, line 18, plus the aggregate items of
income and expense, if any, reported on Schedule K, line 17d (but
not less than zero). For this purpose, all S corporations must
complete Schedule K, line 18.
If an S corporation was a C corporation for its base year, the C
corporation’s taxable income is treated as the net income of the S
corporation for the base year. See Temporary Regulations section
1.7519-1T(b)(5) for other details.
Line 2. Applicable payments. In general, the term “applicable
payments” means any amount deductible in the base year that is
includible at any time, directly or indirectly, in the gross income of
any partner or shareholder who was a partner or shareholder during
the base year. However, the term does not include guaranteed
payments. Examples of applicable payments are officer’s
compensation, wages, and rent paid to any partner or shareholder.
If the S corporation was a C corporation for its base year,
applicable payments of the C corporation are treated as if received
from an S corporation.
Line 3. Deferral ratio. The deferral period is the number of months
between:
• The beginning of the elected tax year and
• The close of the first required tax year ending within such a
year.
For example, the required tax year for an S corporation is the
calendar year, ending on December 31. If an S corporation elects a
tax year beginning on November 1, there would be 2 months
between the beginning of the elected tax year and the end of the
required tax year (December 31). The deferral period for the elected
tax year would be 2 months.
Line 9b. If you enter zero on line 9b and you did not make any prior
year required payment for which a refund can be claimed, enter
zero on line 10, skip lines 11 and 12, and complete the signature
section. You are required to file Form 8752 to show that you have a
zero liability for the applicable election year beginning in 2012.

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Line 11. Required payment due. If you are enrolled in the
Electronic Federal Tax Payment System (EFTPS), you can pay your
balance due online or by phone. EFTPS is a free service provided
by the U.S. Department of Treasury. If you are not required to use
EFTPS, you may still participate voluntarily. To pay the balance due,
get more information, or enroll in EFTPS, visit www.eftps.gov or call
1-800-555-4477.
To pay by check or money order. Enclose a check or money
order for the amount on line 11 payable to the “United States
Treasury.” Write the entity’s employer identification number and
“Form 8752” on the check or money order.
Line 12. Refund of net prior year payments. No refund will be
made before the later of: (a) April 15, 2013, or (b) 90 days after
Form 8752 is filed per section 7519(c)(3). No interest will be paid on
the amount refunded.
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 required payment.
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: Recordkeeping, 5 hr., 44 min.; Learning about the law or the
form, 1 hr.; Preparing, copying, assembling, and sending the
form to the IRS, 1 hr., 7 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:M:S, 1111 Constitution Ave. NW, IR-6526,
Washington, DC 20224.
Do not send Form 8752 to this address. Instead, see Where to
file, above.