Form 56-F Notice Concerning Fiduciary Relationship of Financial In

56-F

Notice Concerning Fiduciary Relationship
of Financial Institution

Form
(Rev. December 2009)
Department of the Treasury
Internal Revenue Service

Part I

For IRS Use Only

(Internal Revenue Code sections 6036, 6402, and 6903)

Identification

1

Name of person for whom you are acting (as shown on the tax return)

3

Address of financial institution (number, street, and room or suite no.)

4

City, state, and ZIP code

6

Check the applicable box for the type of financial institution:

2

Employer identification number

5

Telephone no.

7
8

if the financial institution is insolvent.
Check here 䊳
Enter the ending date of the financial institution’s tax year (mo., day, yr.)

䊳

9

Fiduciary’s name

10

(

11

Address of fiduciary (number, street, and room or suite no.)

12

City or town, state, and ZIP code

Bank

)

Thrift

13

Contact person

Telephone no.
(

14

OMB No. 1545-2159

)

Check the applicable box if the fiduciary is a:
Receiver

Conservator

15

if the financial institution is or was a member of a group filing a consolidated return and complete lines 16 to 21 below: Lines 16
Check this box 䊳
through 21 are to be completed only if the financial institution is or was a member of a group filing a consolidated return.

16

Name of person for whom you are acting (as shown on the tax return)

18

Address of the common parent (number, street, and room or suite no.)

19

City, state, and ZIP code

20
21

if a copy of this form has been sent to the common parent of the group.
Check here 䊳
Enter the tax year(s) that the financial institution is or was a member of the consolidated group

a
c
e

䊳

Evidence of fiduciary authority. Check applicable box(es), and attach copy of applicable orders:
b
Replacement of conservator
Appointment of conservator
Appointment of receiver
d
Order of insolvency
Other evidence of creation of fiduciary relationship (describe) 䊳

Part III
23

Employer identification number

Authority

Part II
22

17

Tax Notices

All notices and other written communications with regard to income, employment, and excise taxes of the financial institution (listed
on line 1) will be addressed to the fiduciary. Indicate below if other notices and written communications should be addressed to the
fiduciary. Include the type of tax, tax periods or years involved.

Part IV

Revocation or Termination of Notice
Section A—Total Revocation or Termination

24

Evidence of termination or revocation of fiduciary authority (Check applicable box(es)):
a
Certified copy of court order revoking fiduciary authority attached.
b
Copy of certificate of dissolution or termination of a business entity attached.
c
Other evidence of termination of fiduciary relationship (describe) 䊳
I certify that I have the authority to execute this notice concerning fiduciary relationship on behalf of the taxpayer.

Please
Sign
Here

䊳

Fiduciary’s signature

For Paperwork Reduction Act Notice, see back of form.

Title, if applicable
Cat. No. 12784J

Date
Form

56-F

(Rev. 12-2009)

Form 56-F (Rev. 12-2009)

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

Purpose of Form
Use Form 56-F to notify the IRS of a fiduciary
relationship only if that relationship is with
respect to a financial institution (such as a
bank or a thrift). Until you notify the IRS of
the fiduciary relationship, notices of tax
liability sent to the last known address of the
taxpayer, or transferee, subject to liability are
considered sufficient compliance by the IRS
with the requirements of the Internal Revenue
Code. However, if the financial institution is a
member of a consolidated group, the
provisions of Regulations section 1.1502-77
apply to the extent not modified by section
6402(k) and Regulations section 301.6402-7.
In addition, the filing of Form 56-F is a
requirement to secure a refund pursuant to
section 6402(k) and Regulations section
301.6402-7.
Section 6036 and Regulations section
301.6036-1 state that a notice is required of a
receiver in proceedings other than
bankruptcy, and other like fiduciaries. Section
6402(k) and Regulations section 301.6402-7
state that a fiduciary of an insolvent financial
institution must file Form 56-F to secure its
position with respect to any refund which
may be available to a consolidated group.
Section 6903 and Regulations section
301.6903-1 state that every person acting in a
fiduciary capacity must file a written notice
with the IRS.

Who Should File
Form 56-F should be filed instead of Form
56, Notice Concerning Fiduciary Relationship,
by the federal agency acting as a fiduciary
(defined below) in order to notify the IRS of
the creation, termination, or change in status
of a fiduciary relationship with a financial
institution.

Definition
Fiduciary. A fiduciary means the Federal
Deposit Insurance Corporation, or other
federal agency authorized by law to act as a
receiver or conservator of a financial
institution. The term also includes any federal
instrumentality, subsidiary, or agency that is a
predecessor or successor of this agency that
is so authorized.

When To File
Form 56-F must be filed with the IRS within
10 days from the date the fiduciary is
appointed to act as a receiver or conservator.
In addition, it should be filed in every
subsequent tax year that the fiduciary
continues to act as the receiver or
conservator for that financial institution for
purposes of section 6402(k).
If a Form 56-F has been filed for a solvent
financial institution by the fiduciary and
subsequently that financial institution
becomes insolvent, the fiduciary should file a
new Form 56-F and check the box on line 7.
Note. A fiduciary (defined above), who was
appointed a fiduciary of a financial institution
prior to the issuance of Form 56-F and who

Page

still is a fiduciary for the same financial
institution, should file Form 56-F with the IRS
as soon as possible.
A fiduciary (defined above), who may have
previously filed Form 56 for a financial
institution, and is still acting as a fiduciary for
the same institution, should file a new Form
56-F as soon as possible.

Where To File
For purposes of section 6402(k) and section
6903, send Form 56-F to the Internal Revenue
Service Center where the financial institution
for whom the fiduciary is acting files its income
tax return.
For purposes of section 6036, send Form
56-F to the Advisory Group Manager,
Advisory, Insolvency and Quality (AIQ) Office,
of the area office of the IRS having
jurisdiction over the person for whom you are
acting.

Specific Instructions
Part I—Identification
Lines 1–5. Provide all the requested
information concerning the financial institution
in this part.
Line 2. Section 6109 requires that the
taxpayer’s identification number must be
disclosed. The principal purpose is to identify
the financial institution for whom you are
acting.
Line 7. Check this box if the financial
institution is insolvent within the meaning of
12 U.S.C. 191, 12 U.S.C. 1821(c)(5)(A), 12
U.S.C. 1464(d)(2)(A), 12 U.S.C. 1464(d)(2)(C)(i)
or any applicable state law (or any successor
statute which adopts a substantially similar
statute).
Lines 9–13. Provide all the requested
information regarding the fiduciary in this part.
For example, on line 9 enter the full name of
the fiduciary (such as the Federal Deposit
Insurance Corporation or similar federal
agency).
Line 10. The contact person should be the
individual within the federal agency who has
the authority to handle all tax matters on
behalf of the financial institution.
Lines 16–21. Provide all the requested
information in this part concerning the
common parent of a consolidated group
which includes (or included) the financial
institution (if applicable).

2

Part II—Authority
Check the appropriate box and attach a copy
of the appropriate order.

Part III—Tax Notices
All notices and other written communications
with regard to income, employment, and
excise taxes of the financial institution will be
addressed to the fiduciary, with the exception
of notices sent to the common parent under
the provisions of Regulations section
1.1502-77. Other notices and written
communications will be addressed to the
fiduciary only as specified. For example, use
this line to identify a transferee tax liability
under section 6901.

Part IV—Revocation or
Termination of Notice
Complete this part if you are revoking or
terminating all prior notices concerning
fiduciary relationships on file with the IRS for
the same tax matters and years or periods
covered by this notice concerning fiduciary
relationship.

Signature
Sign Form 56-F and enter the title describing
your role as a fiduciary (receiver or
conservator).
Paperwork Reduction Act Notice. We ask for
the information on the 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 Form
56-F will vary depending on individual
circumstances. The estimated average time is:
Recordkeeping

7 hrs., 39 min.

Learning about the
law or the form

47 min.

If the form is submitted in compliance with
the regulations under section 6402(k), the
identification number of the common parent
should be disclosed.

Preparing the form

57 min.

If the financial institution was a member of
more than one consolidated group during any
year(s) to which the fiduciary may claim a
refund under section 6402(k), then the
fiduciary must file a separate Form 56-F
providing the information on each parent.

If you have comments concerning the
accuracy of these time estimates or
suggestions for making Form 56-F 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-6526, Washington, DC 20224. Do not
send the form to this address. Instead, see
Where To File on this page.

Line 20. Check the box if a copy of the form
was sent to the appropriate common parent
in compliance with the Regulations section
301.6402-7.

Copying, assembling,
and sending the form
to the IRS

0 min.