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3.13.2  BMF Account Numbers (Cont. 1)

3.13.2.6 
Integrated Data Retrieval System (IDRS)

3.13.2.6.1 
Research CC's

3.13.2.6.1.8  (01-01-2010)
CC's RTVUE/BRTVU

  1. These CC's will display return information for both BMF and IMF.

  2. See the IDRS Command Code Job Aids on SERP for additional information.

3.13.2.6.1.9  (01-01-2010)
CC ESTAB

  1. Use CC ESTAB to request documents from Files.

    Note:

    Whenever possible CC's BRTVU and/or RTVUE will be used instead of CC ESTAB.

  2. When requesting documents with CC ESTAB the DLN must be known.

    1. A Form 4251, Return Charge-Out, will be generated to Files for the document.

    2. Files will pull the document and route it to the requester.

  3. When requesting documents with CC ESTAB the file and type of information needed must be input.

  4. For additional information on CC ESTAB, see IRM 2.3.62 , IDRS Terminal Response - CC ESTAB and IRM 2.3.17 .

3.13.2.6.2  (01-01-2010)
CC ESIGN

  1. BMF returns and payments are processed with Employer Identification Numbers (EIN's). EIN's are assigned from paper Forms SS-4 by Accounts Management, EIN Function. A taxpayer can also obtain an EIN by calling the EIN function or by going online at http://www.irs.gov .

  2. The service no longer requires specific District Office codes to be used as the prefix for EIN's assigned. When assigning an EIN, the Business Master File (BMF) sites will use (have used) the following prefixes:

    • Andover - 10, 12

    • Atlanta - 60, 67

    • Austin - 50, 53

    • Brookhaven - 01, 02, 03, 04, 05, 06, 11, 13, 14, 16, 21, 22, 23, 25, 34, 51, 52, 54, 55, 56, 57, 58, 59, 65

    • Cincinnati - 30, 32, 35, 36, 37, 38, 61

    • Fresno - 15, 24

    • Kansas City - 40, 44

    • Memphis - 94, 95

    • Ogden - 80, 90

    • Philadelphia - 33, 39, 41, 42, 43, 45, 46, 47, 48, 62, 63, 64, 66 (reserved for taxpayers located in Puerto Rico, Guam, Virgin Islands, American Samoa, Northern Mariana Islands and Palau), 68, 71, 72, 73, 74, 75, 76, 77, 81, 82, 83, 84, 85, 86, 87, 88, 91, 92, 93, 98, 99

    • Internet EIN's - 20, 26, 27

      Note:

      Philadelphia previously used prefixes 26 and 27

    • International EIN's will begin with prefix 98


    Currently, Brookhaven, Philadelphia, and Cincinnati are the campuses containing EIN functions.

  3. The validity checks on filing requirements for CC ESIGN are listed in the chart below.

  4. This CC allows you to assign an Employer Identification Number (EIN). Always thoroughly research CC's NAMEE/NAMEB prior to initiating CC ESIGN. Always research using the 'sort line format' and the Internet EIN 'enter as taxpayer did' format.

  5. If the assigned EIN has FRC's that are liable for federal tax payments, the taxpayer is pre-enrolled in the Electronic Federal Tax Payment System (EFTPS). If the taxpayer prefers making Federal Tax Deposits (FTD's) they will need to contact the service to un-enroll from EFTPS and request FTD coupons.

  6. The valid range of values for Form 941 are 01, 02, 06, or 07. A Form 941 FR must have a "wages paid date" .

    If (Inputting) Then
    Form 941 FRC = 01 Form 940 FRC must be 1 or 2, unless EC is "G" or "W"
    Form 941 FRC = 02 EC must be "F" and Form 940 FRC must be blank
    Form 941 FRC = 06 Location Code must be 6601. Form 940 FRC must be "7" unless EC is "W"
    Form 941 FRC = 07 Location Code must be 6601. Form 940 FRC must be 1 or 2,. or "F" EC must be # or blank
    Form 944 FRC = 01, 02, 06, 07 Form 944 FRC is generated by Master File.
    Form 944–SS FRC= 06 Form 944 FRC is generated by Master File.
    Form 944–PR FRC = 07 Form 944 FRC is generated by Master File
    Form 1120C FRC = 0, 20 See CC EOCHG for positive filing requirements. A Form 1120C FRC 0 will delete the Form 1120C filing requirement on the BMF.
    Form 1120 FRC = 01, 03, 04, 06,07, 09, 10, 11, 16, 17, 18, 19, or 20 "Fiscal Year Month" (FYM) must be input The " Business Operation Date" (BOD) must be input. A FR for Form 1065, 1066 or 1041 cannot be input.
    Form 720 = 1 or 4. The "Business Operation Date" must be input.
    Note: A Form 720 FRC is valid with all other filing requirements.
    Form 1041 = 1 or 2. The "Business Operation Date" must be input. The " Wages Paid Date" for FRC 2 must be present. A FR for Form 1065, 1066 or 1120 cannot be input. The FYM must be input.
    Form 1041 QFT = 9 The "Business Operation Date" must be input. A FR for Form 1065, 1066 or 1120 cannot be input. The FYM must be input.
    Form 1065 = 1 The "Business Operation Date" must be input. A FR for Form 1041, 1066 or 1120 must not be input. The FYM must be input.
    Form CT–1 = 1 or 2 The "Business Operation Date" must be input. A Form 941 FR of 04 may also be input.
    Form 940 = 1, 2 or 7 The "Wages Paid Date" must be input.
    Form 940 FRC = 1 Then the Form 941 FR must be 01 or 06. The Form 943 FR must be 1.
    Form 940 FRC = 2 Then the Form 941 FR must be 01 or 06. The Form 943 FR must be 1.
    Form 940 FRC = 7 Then the location Code must be 6601. Form 941 FR must be 7. The Form 943 FR must be 7.
    Form 943 = 1 or 7 The "Wages Paid Date" must be input,
    Form 943 = 7 The location code must be 6601.
  7. Form 945 valid range is 1. Form 945 FR is valid with all other filing requirements. If Entity can determine by taxpayer contact or the taxpayer indicates that they are liable to file Form 945 (for example, liable for non-payroll income tax withholding on backup withholding or withholding for pensions, annuities, IRA's, Indian gaming and gambling winnings) establish Form 945 FRC 01. Otherwise, DO NOT establish a 945 FRC. Form 1042 valid ranges are 0, 1 or 8. Form 1042 FR is valid with all other filing requirements. See Figure 3.13.2-2 for the CC ESIGN format.

    Form 2290 = 1 The "Business Operation Date" must be input.
    Form 1066 = 1 The Business Operation Date must be input. A FR for Forms 1120, 1041 and 1065 cannot be input.
    Form 11-C = 1 The "Business Operation Date" must be input.

    Note:

    Most Forms 11–C are not required to file Form 730

    Form 730 = 1 The "Business Operation Date" must be input. The FRC for Form 11–C must be a 1.

    Figure 3.13.2-2

    This image is too large to be displayed in the current screen. Please click the link to view the image.

3.13.2.6.3  (01-01-2010)
Update CC's

  1. This subsection covers IDRS CC's that are used to update Master File.

  2. For additional information on any CC, seethe IDRS Command Code Job Aids on SERP.

3.13.2.6.3.1  (01-01-2010)
CC ACTON

  1. Command Code ACTON may be used to establish control bases, to update or close control bases that are open, to correct name controls on dummy accounts, to add history items to modules on IDRS, and to generate TC 902s to secure tax modules and their related entity data from the Master File.

  2. For more information on CC ACTON, see IRM 2.3.12.

3.13.2.6.3.2  (01-01-2010)
CC ENREQ/BNCHG

  1. The following list is the filing requirements that can be input with CC ENREQ/BNCHG. With CC BNCHG a filing requirement can be added, changed or deleted on the BMF.

  2. Form 941 valid ranges are blank, 00, 01, 02, 06, 07, 09, 10, 11, 13 or 14. A Form 941 FR 00 will delete the Form 941 filing requirement on the BMF.

    If (Inputting) Then
    Form 941 FR = 01 Form 940 FR must be a 1 or 2, unless EC input is: "W" , "G" or "T" is also input.
    Form 941 FR = 02 There must also be input an EC of "F" .
    Form 941 FR = 06 The location code must be 6601 or 9801.
    Form 941 FR = 07 The Form 940 FR must be a "7" , unless the EC input is a "W" or "T" .
    Form 941 FR = 09 The transaction code cannot be 000.
    Form 941 FR = 11 If an EC is present, it must be: "T" , "S" , "M" , "W" or "9" .
    If an EC is not present, input a Form 940 filing requirement code of "1" or "2"
    Form 941 FR = 13 The location code must be 6601.
    Form 941 FR = 14 The location code is input it must be 6601. If an EC is present it must be "W" or "T" and the Form 940 filing requirement code must not equal a "1" , " 2" or "7" .
    If an EC is not present, the Form 940 filing requirement code must be "7"
    Form 944 FR = 01, 02, 03, 11
    944 SS FR = 06, 13
    944-PR FR = 07, 14
    Input 00 to remove the Form 944 FR. Use (0-9) to establish the 944 Establishment Year in year format (YYYY).

  3. Form 1120 valid ranges are blank, 00, 01, 03, 04, 06, 07, 09, 10, 11, 16, 17,18, 19 or 20. A Form 1120 FR–0 will delete the Form 1120 filing requirements on the BMF.

    If Then
    Form 1120 FR = 01, 03, 04, 06, 07, 09, 10, 11, 16, 17, 18, 19 or 20 The FYM must be input
    A filing requirement for Form 1041 or 1065 must not be input or must be zero.
    Form 1120 FR = 15 The input campus must be OSC.
    Form 720 FR = 9 The transaction Code cannot be 000.
    Form 1041 FR = 1 or 2 The FYM must be input. A filing requirement for Form 1065 or 1120 must not be input, unless it is zero.
    Form 1065 FR = 1 The FYM must be input. A filing requirement for Form 1041 or 1120 must not be input, unless it is zero.
    Form 1066 FR = 1 A filing requirement for Form 1120, 1041 or 1065 cannot be input, unless it is zero. The FYM must be 12.
    Form CT–1 FR of 1 or 2 The Railroad Retirement number must be input.
    Form 940 FR = 1, 2, or 7 A FR for Form 941, or 943 must be input.
    Form 940 FR = 1 A Form 941 FR of 01, 09, or 10 must be input. A Form 943 FR of 1 must be input.
    Form 940 FR = 2 A Form 941 FR of 01, 09, or 10 must be input. A Form 943 FR of 1 must be input.
    Form 940 FR = 7 A Form 941 FR of 7 must be input. A Form 943 FR of 7 must be input.
    Form 943 FR = 7 The location code must equal "6601" .

  4. Form 1042 valid ranges are blank, 0 or 1. A Form 1042 FR 0 will delete the Form 1042 filing requirement on the BMF.

  5. Form 990-T valid ranges are blank, 0 or 2. A Form 990-T FR 0 will delete the Form 990–T filing requirement on the BMF.

    Form 990-T FR = 2; The FYM must be input. A Form 1041, 1065 or 1120 filing requirement greater than zero cannot be input.

  6. Form 5227 valid ranges are blank or 0. A Form 5227 FR 0 will delete the Form 5227 filing requirement on the BMF. Use CC EOCHG to add/update FRC.

  7. Form 990–PF valid ranges are blank or 0. A Form 990–PF FR 0 will delete the Form 990–PF filing requirement on the BMF. Use CC EOCHG to add/update FRC.

  8. Form 2290 valid ranges are blank, 0 or 1. A Form 2290 FR 0 will delete the Form 2290 filing requirement on the BMF.

    If Then
    Form 11–C FR = 1 Form 11–C FR must be 1.
    Form 730 FR = 1 Form 730 FR must be 1.

  9. Forms 990/990EZ valid ranges are blank or 0. A Form 990 FR 0 will delete the Form 990 filing requirements on the BMF. Use CC EOCHG to add/update FRC.

    If Then
    Form 706GS(D) = Blank, 0 or 1 Input must be to a BMF EIN or SSN account only. MFT must be input to update Form 706GS(D) FRC.
    Form 706GS(T) = Blank, 0 or 1 Input must be to a BMF EIN account only.
    Form 706GS(T) FRC = 1 Only Forms 1041, 720, 940, 941 or 943, 944 FRC's may be input.

  10. Form 945 valid ranges are blank, 0, or 1. A Form 945 FR = 0 will delete the Form 945 filing requirement on the BMF. Form 945 is valid with all other filing requirements. If Entity can determine by taxpayer contact or the taxpayer indicates that they are liable to file Form 945 (for example, liable for non-payroll income tax withholding on backup withholding and withholding for pensions, annuities, IRA's, and gambling winnings) establish Form 945 FRC 01. Otherwise, DO NOT establish a 945 FRC.

  11. Not Required

    1. Valid range blank, 0 or 1.

    2. This field is used when the EIN needs to be placed on the BMF, but a filing requirement is not necessary. See Figure 3.13.2–3.

  12. Use this CC to request a BNCHG format for input of an entity change transaction. It must be preceded by CC ENMOD.

    1. ENREQ is designed to initiate BNCHG. CC ENREQ with a blank definer is keyed in after a response to ENMOD indicates that the entity is on the file. Response to "ENREQ" is a generated BNCHG format for BMF.

    2. CC ENREQ with an "R" definer is keyed in after response to ENMOD indicates that the entity is on the file. Response to CC ENREQ'R' is a generated BRCHG format for BMF or EPMF accounts.

    Figure 3.13.2-3
    This image is too large to be displayed in the current screen. Please click the link to view the image.
  13. The TIN will be validated with CC ENREQ and EOREQ. In order for a TC 000 to be input, a TC 000 intend indicator of 1 must be input in space 20 with the CC's ENREQ or EOREQ. If the TIN is not on the Master File when the indicator is input it will allow the TC 000 to post. If the TIN is known to be on the Master File and no TC 000 intend indicator is input the appropriate TC (those other than TC 000) can be input. See Figure 3.13.2–4

  14. When the TIN has been validated the input transaction can be made. If the TIN is not validated, research or contact the taxpayer.

  15. If research or taxpayer contact does not resolve the discrepancy in the TIN, each case will have to be resolved based on the taxpayer's change.

  16. If a TC 000 intend indicator is input and the TIN is already on the MF, an error message "TIN EXISTS ON MF" will be generated.

    1. Compare the input TIN with the source document to determine if a transcription (finger) error was made.

    2. If a finger error has been made, correct the EIN and re-input the transaction. Be sure the TC 000 intend indicator is correct.

    3. If a finger error was not made, research using CC INOLE and NAMEE to ensure the EIN is for the taxpayer. If it is, it may be necessary to make an entity change. Re-input the transaction and change the TC 000 intend indicator to blank.

    4. If the input TIN is on the MF for a different taxpayer, assign a new EIN if the source document is other than correspondence. If the source document is correspondence, return it to the taxpayer with a Form SS–4 explaining that the EIN has already been assigned to another taxpayer. Before their correspondence can be processed, a valid EIN is needed.

  17. Because the ESIGN (TC 000) is held for quality review, care will be taken when changing information while the transaction is pending. If Quality Review needs to reject the ESIGN, the transaction will not post. If it is determined that the action must be input, use CC ENREQ with an intend indicator 1 to access the dummy module and cycle delay as needed.

  18. The TE establishing the EIN needs to add to or change information, input CC ENREQ with an intend indicator 1 to access the dummy module. This will access CC BNCHG. Input the additional or correct information required and cycle delay as appropriate.

  19. Complete research (including CC INOLE if necessary) will be performed prior to should be done prior to executing any entity change. Any transaction that needs to be cycled or held for later input can now be cycled up to 6 cycles using a Posting Delay Code (PDC). See IRM 2.4 , IDRS Terminal Input.

  20. If the information that will print on the CP 575 needs to be changed, such as mailing address, primary name line, etc. use CC ESIGN'T' to remove the newly assigned number. Reassign an EIN to allow the CP 575 to be delivered with the correct information.

  21. The transactions input with CC's ENREQ/BNCHG follow:

  22. Transaction Code 000—this transaction code establishes an account on the BMF (See Figure 3.13.2–3). The following fields must be input:

    • TC 000

    • New Name Control

    • Primary Name

    • Complete Address

    • Filing Requirement (If a filing requirement is not needed, input a "1" in the NOT-REQUIRED field. See Figure 3.13.2–3.)

      Exception:

      If the TC 000 is input for a BMF SSN account, then no filing requirements should be input, including NOT REQUIRED.

      Note:

      Complete research (including CC INOLE if necessary) will be performed before executing any entity change. Any transaction that needs to be cycled or held for later input can be cycled up to 6 cycles using a PDC. See IRM 2.4 , Terminal Input.

    Figure 3.13.2-4

    This image is too large to be displayed in the current screen. Please click the link to view the image.


    If the EIN assigned has FRC's that require federal tax payments, the taxpayer is automatically pre-enrolled in EFTPS.

  23. Transaction Code 012—this transaction code reopens an inactive account where a consolidation has been attempted but cannot be consolidated because of duplicate modules or cannot be deleted because modules exist (See Figure 3.13.2–5).

    Note:

    Filing requirements of such accounts are all "8" .

    The transaction will not post to the account unless all filing requirements are changed to either a significant code or zero.

    Figure 3.13.2-5

    This image is too large to be displayed in the current screen. Please click the link to view the image.

  24. Transaction Code 013—this generated transaction code indicates the primary name line has been changed. See Figure 3.13.2–6.

    1. Always use the Master File name control, not a check digit or dummy name control when changing the name lines.

    2. Send FTD coupons and/or Letter 252C if applicable.

      Caution:

      If taxpayer is making payments electronically (see BMFOL'T' ELEC PAY INDE EFT TRACE#) do not send FTD coupons.

    3. If it appears that a change in ownership has occurred which will require a new EIN, correspond with the taxpayer using Letter 45C.

    4. Name changes to SSN accounts will be processed using TC 040 or 041.

    5. Always research using CC INOLE input with the definer " P" to see if the Employee Plans Master File (EPMF) information needs to be updated. When the EPMF Plan is present, the EPMF Master File or P-Tape will be updated.

    6. A name change can be worked from any type of correspondence, return, payment, etc., if one of the following is indicated in the examples; Formerly known as (FKA); Also known as (AKA); New name; Old name; Name change box is checked on a return (if applicable). You may call the taxpayer or research the Secretary of State's website(s) for name change verification.

    7. If none of the above is indicated, correspond with the taxpayer to verify the correct name. It is not necessary to ask for Articles of Amendment.

    8. If correspondence, notices, or C letters sent by the Service that solicits or requires a response from the taxpayer are returned to the Service by the taxpayer with corrections marked on the taxpayer's Primary Name information, the correspondence will constitute clear and concise written notification of a name change. The taxpayer's signature is not required on the correspondence, notice or C letter.

      Figure 3.13.2-6

      This image is too large to be displayed in the current screen. Please click the link to view the image.

  25. Transaction Code 014—This generated transaction indicates a change has been made to the mailing address fields. See Figure 3.13.2-7.

    Figure 3.13.2-7

    This image is too large to be displayed in the current screen. Please click the link to view the image.

  26. Transaction Code 016—this generated transaction code indicates a change to

    BMF filing requirements
    Railroad Retirement Board Numbers
    Form 8123 code
    Fiscal year month
    Employment Code (EC)
    Date of death
    Sole proprietor SSN
    Magnetic tape/FTD code
    Sort name
    Location street address
    Location city, state, and ZIP
    Care of name
    See Figure 3.13.2–8

    1. To delete an erroneously input Sole Proprietor SSN, input SP000–00–0001 in this field. To correct a wrong SSN, input the correct sole proprietor SSN. It will be over laid in the sole proprietor SSN field. To delete an erroneously input X-REF TIN, input '0' in the X-REF TIN IND field and enter 000-00-0001 in the X-REF TIN field. To correct a wrong X-REF TIN, input the correct XREF TIN. Overlay it in the X-REF TIN field.

    2. These items are input as a result of correspondence and unprocessable returns and documents.

    3. A TC 016 with special DLN XX96388888888X is generated to validate sole proprietor's Social Security Number (SSN) in the entity.

    4. When changing the filing requirements, FYM, EC, or sort name, send FTD's if applicable.

      Caution:

      If taxpayer is making payments electronically (EFTPS-see BMFOL'T' ELEC PAY INDE EFT TRACE#) do not send FTD's.

    Figure 3.13.2-8

    This image is too large to be displayed in the current screen. Please click the link to view the image.

  27. Transaction Code 020—(This Transaction Requires Management Approval) This input transaction code deletes an account from Master File if no modules are present which contain return or credit transactions. See Figure 3.13.2–9.

    Note:

    Accounts with modules present will remain on the BMF but all the filing requirements will be changed to "8" to indicate that the account is in inactive status.

    Figure 3.13.2-9

    This image is too large to be displayed in the current screen. Please click the link to view the image.

  28. Transaction Code 030—This generated transaction code indicates the location codes have been updated when a change in campus code is involved. If a TDA is being transferred, use document code 50; otherwise, use document code 63.

  29. Transaction Code 040—This input transaction code changes an SSN or name of an account to the valid portion of the BMF. See Figure 3.13.2-10.

    1. This transaction must be input to a BMF valid SSN account.

    2. If Primary Name is entered, New Name Control and Continuation of Primary Name are the only fields that may be entered. Remarks must also be entered.

    3. If new SSN field is entered, Posting Delay Code and the Remarks fields are the only other fields that may be entered.

    Figure 3.13.2-10

    This image is too large to be displayed in the current screen. Please click the link to view the image.

  30. Transaction Code 041—This input transaction code changes an SSN or name of an account to the invalid portion of the BMF. This transaction must be input to a BMF invalid SSN account. See Figure 3.13.2-11.

    1. This transaction must be input to a BMF invalid SSN account.

    2. If Primary Name is entered, then no other data except Continuation of Primary Name may be entered. Remarks must be entered.

    3. If a new SSN is entered, then no other data except Cycle Delay and the Remarks field may be entered.

    Figure 3.13.2-11

    This image is too large to be displayed in the current screen. Please click the link to view the image.

  31. Transaction Codes 07X are used when processing Form 8274, Certification by Churches and Qualified Church-Controlled Organizations Electing Exemption from Employer Social Security and Medicare Taxes. See IRM 3.13.12

  32. Transaction Codes 090 through 097are used when processing Form 2553, Election by a Small Business Corporation. See IRM 3.13.2.22

  33. Transaction Codes 098 and 099 are used when processing Forms 56, Notice Concerning Fiduciary Relationship. See IRM 3.13.2.18.

3.13.2.6.3.2.1  (01-01-2010)
CC ENREQ'R'

  1. CC BRCHG is restricted to Entity. Listed below are the transactions used by Entity for this CC.

  2. Transaction Code 011 is used to consolidate two EIN's. See IRM 3.13.2.13.

  3. Transaction Code 053 identifies a change to accounting period as a result of an approved Form 1128, Application to Adopt, Change, or Retain a Tax Year. See IRM 3.13.2.20.

  4. Transaction Code 054 identifies an approved FYM under Rev. Proc. 2006–46. See IRM 3.13.2.20.5 . TC 054 also represents an approved Form 8716 for a Personal Service Corporation.

  5. Transaction Code 055 identifies an approved FYM under IRC Section 444 on Form 8716, Election To Have a Tax Year Other Than a Required Tax Year. See IRM 3.13.2.21

  6. Transaction Code 058 identifies a denied Form 8716. See IRM 3.13.2.21.3

  7. Transaction Code 059---TC 059 identifies a denied Form 1128. See IRM 3.13.2.20.9

3.13.2.6.3.3  (01-01-2010)
CC's TELEA/TELEC/TELED

  1. These CC's are used to add, change, and/or delete a telephone number from the TIF.

  2. See IRM 2.4.29 .

3.13.2.7  (01-01-2009)
Unprocessable Returns and Documents/Rejects

  1. Background—In order for a return or document to be processable, it must have

    • A TIN;

    • A legible name or name control;

    • A valid tax year ending; and

    • Legible tax data.

  2. Returns and documents that do not meet the requirements to be processable are called unprocessable. Original returns and documents that are unprocessable will be received from:

    • Receipt and Control (Under batch Control)— A tax examiner from Entity will go to Receipt and Control (Deposit Activity) daily to assign EIN's to returns with remittances or remittances with no return or document attached. This is to avoid sending the money to unidentified. A local Customer Service Agreement (CSA) may be developed to allow expeditious processing of payments.

    • Document Perfection/Code & Edit (Unnumbered returns); and

    • Reject function (ERS Suspense).

    Note:

    For Payments/documents received from Rejects (ERS Suspense), research the Remittance Transaction Research (RTR) database and leave audit trail on RTR.

  3. If received at the incorrect campus, returns belonging to specialty/centralized programs will be transhipped to the correct campus. For example, excise returns will be transhipped to Cincinnati no matter where they are received. Exempt Organization returns will be transhipped to Ogden regardless of the campus receiving the return first. International returns are worked in Ogden with the exception of Estate & Gift (Forms 706/709 series) which are worked in Cincinnati. Documents received with an address outside the campus jurisdiction will be processed at the campus received. For example, if a Florida taxpayer submits his Form 2553 to Cincinnati, it will be worked in Cincinnati. If an Ohio taxpayer submits his Form 8716 to Ogden, it will be worked in Ogden.

  4. See IRM 3.30.123, Processing Timeliness Cycles, Criteria, and Critical Dates, for Entity Control's processing time frames for unprocessable returns.

  5. All BMF returns and documents must be controlled for accountability. The Batch Profile Report is used to control and identify cases in Entity Control.

  6. If the address change box on the return is checked and the return is signed by the taxpayer or an authorized representative, update MF to reflect the address on the return. If the return has an address different than what is on MF and the address change box is not checked and the return is:

    1. Signed by the taxpayer or an authorized representative, AND

    2. The taxpayer’s full name or name of the entity is present, AND

    3. The EIN is present,
      update MF with the address on the return.

    If any of the required information is missing, do not change the address on MF. Send 104C (or 6800sce) to the taxpayer at the new address and advise the taxpayer of the address discrepancy. Direct the taxpayer to www.irs.gov for Form 8822

  7. Copies of page 1 of returns and documents that indicate a change in name or an address for EO accounts will be received from:

    • Receipt and Control Operation (RCO),

    • Document Perfection/Code & Edit,

    • Reject function (ERS Suspense).

    For processing copies or originals of EO returns or documents , see IRM 3.13.12 . .

  8. BMF returns will be placed on the error register when the input name control does not match the name control on the Entity Index File (EIF).

    1. Error Resolution/Rejects will perform research to determine if the taxpayer is using the correct EIN.

    2. If Error Resolution/Rejects determines that the EIN is for the same taxpayer, but the BMF is not name controlled properly, a copy of the first page of the return and any research will be forwarded to Entity Control.

    3. Process the photocopy of the return as follows:

    4. Compare the way the taxpayer shows his/her name on the return with the name as shown on the BMF.

    5. If the name control on the BMF is not according to acceptable name control procedures, input the correct name control to update the BMF.

    6. If the business name is not identified on the BMF as a sort name, input the sort name in the sort name field to correct the BMF.

    7. If there are misspelled names on the BMF input the changes in the correct name line fields to correct the BMF.

    8. If it is obvious that the BMF is correct, destroy the photocopy of the return and take no action.

    9. If a PO Box is indicated with a mailing address, input the mailing address as the location and the PO Box as the mailing.

  9. Copies of prior year Forms 941-E for taxpayers with EC "G" and Social Security tax indicated may be sent to Entity for filing requirement determination. Contact the state administrator to determine if the entity are covered under Section 218. If they are covered under Section 218, update the account to reflect EC "T" and a Form 941-01 filing requirement code. If they are not covered under Section 218, return the case to Code and Edit to be processed as a Form 941.

  10. Returns with no entity data, (no name, EIN, SSN) may be forwarded to Entity from Receipt and Control.

    1. Review the form for a legible name on the signature line, schedules, or any attached correspondence.

    2. If possible locate a valid telephone number for the name secured. Contact the taxpayer, and if sufficient information is provided, perfect the return and continue processing.

    3. If you locate a state unemployment reporting number in the body of the return, you may contact the state for the entity information.

      Note:

      IRS may disclose return information for the purpose of obtaining information not otherwise reasonably available.

    4. Every available option to perfect the return will be utilized, including contacting the taxpayer by phone.

    5. If the return cannot be identified in any manner, see your manager for disposition of the form.

  11. Form 1120S filed under Internal Revenue Code 1377 (termination of a shareholder) will be sent to Entity Control for verification of "S" corporation termination.

    1. Review the return to verify the termination is for that shareholder only and the "S" corporation has not been terminated.

    2. If the "S" corporation is terminated use normal procedures for an "S" corporation termination.

    3. If the termination is for that shareholder only, contact the taxpayer who filed the Form 1120S. Let them know that a separate return is not required to terminate a shareholder and they should file Schedules K–1 for their terminated shareholders with Form 1120S at the end of their normal tax year. Also inform them that the Form 1120S that was filed is being returned.

    4. Notate on Form 4227 "Return to taxpayer" and send to the Reject function to void the DLN and return to the taxpayer.

  12. Form 941-M If Entity Control receives Form 941 with FRC 9 or 10, correct the account by inputting TC 016, FRC 01, using CC BNCHG. Attach Form 3893, Re-Entry Document Control, to the return to re-activate the DLN before releasing for processing.

  13. Modernized e-File (MeF) will refer cases to Entity via ERS Action Code 321. The Employee User Portal (EUP) will be accessed to verify Entity information. Any needed Entity transactions will be input by Entity TE's to ensure the taxpayer's information on Master File is current and correct.

  14. Forms 7004 or 1120 with a subsidiary listing (Form 851) will be sent to Entity by Code and Edit for verification of the subsidiary names, tax period and EIN. However, Code and Edit must research using CC's INOLE or BMFOL before the case is sent to the Entity function. If Code and Edit has not researched the subsidiary name, tax period and EIN, return the case(s) to the Code and Edit function.

    If Then
    a. The parent corporation's EIN is not on BMF and you cannot locate a valid number via research, Use CC ESIGN to assign a new number.
    b. The subsidiary's EIN is not on BMF and you cannot locate a valid number via research, Inform originating office not to enter the TC 590 - CC 14.
    c. The subsidiary has changed their name, Do not update the subsidiary's name unless there is documentation clearly stating that this is a name change.
    d. Code and Edit has requested a change, Update the module with the change.
    e. The FYM is the same as the parent, Continue processing.
    f. The FYM is different, Change it to match the parent's FYM and continue processing.
    g. Research indicates the subsidiary information has already been updated and the parent's EIN is on the BMF, Take no further action.
    h. The subsidiary is an LLC (or partnership) without a TC 076, Do not change or add FRC's. Write the taxpayer requesting a valid Form 8832.

3.13.2.7.1  (01-01-2009)
Statute Dates

  1. This section contains information on Statute Dates. If the Assessment Statute Date is imminent (two months prior to the ASED) notify the manager or work leader and initiate the necessary action to resolve the case.

  2. The ASED is identified by Generalized Unpostable Framework (GUF) and must be monitored to assure that statute does not expire.

  3. The ASED is generally determined as three years after the Return Due Date (RDD) or IRS received date, whichever is later. See Document 6209 , IRS Processing Codes and Information, for RDD information.

    Note:

    A return under statute criteria must be statute cleared every 90 days until posted.

  4. Example of statute for a timely filed return.

    Form Tax Period IRS Received Return Due Date Statute Date
    1040 200812 3-15-2009 4-15-2009 4-15-2012
    1120 200807 9-10-2008 10-15-2008 10-15-2011
    941 200903 4-20-2009 4-30-2009 4-15-2012
    720 200806 6-20-2008 7-31-2008 7-31-2011

  5. Example of statute for a late filed return.

    Form Tax Period IRS Received Return Due Date Statute Date
    1040 200812 5-15-2009 4-15-2009 5-15-2012
    1065 200812 8-3-2009 4-15-2009 8-3-2012
    990 200804 9-30-2009 9-15-2009 9-30-2012

3.13.2.7.2  (01-01-2009)
Processing BMF Returns

  1. The following instructions are to be used when processing returns and documents with:

    • Missing or invalid EIN's,

    • Change in ownership,

    • Multiple EIN's,

    • Form SS–4 attached,

    • An address on the return that does not match IDRS

    • Indications of Bankruptcy/Receivership

  2. Research must be performed in all cases using CC's NAMEE and NAMEB.

  3. If research locates an EIN on CC NAMEE, the entity must be verified by using CC ENMOD, INOLE and BMFOL.

  4. If the IRS pre-printed label data is correct/without changes, do not underline the name control. If ANY change has been made to the label data, circle out the check digits and underline the name control.

  5. Enter the EIN on the return or document and underline the name control. Circle out the invalid EIN if present. Notify the taxpayer of the correct EIN. If the taxpayer submits an EIN clearly changed from the one the taxpayer was assigned, issue letter 147C as a non-suspense letter to the address on the return. However, if the taxpayer makes an error in writing his/her EIN by three or less digits, uses his/her SSN (specifically on Form 2290) or fails to include the EIN, do not correspond after research reveals a valid EIN. However, if this return is the first return filed (check CC BMFOL'I'), notify the taxpayer of their correct EIN.

    1. If the EIN located is correct on the BMF Master File Indicator (MFI) "P" and no module on the BMF MFI " B" TC 000 the account on Master File "B" tape (Intend indicator 1 to create a dummy module). Enter the EIN on the return or document, underline the name control, and release for processing.

    2. If the EIN located is correct but not on the BMF , use CC BNCHG with TC 000 (intend indicator of 1) to place the account on the BMF. Enter the EIN on the return or document and underline the name control. Release the return.

  6. If an EIN is not located, assign a new EIN with CC ESIGN using the appropriate Notice Information Code (NIC). release the return. If the return is a final or 'F' coded, suppress the issuance of FTD's in CC ESIGN. Enter the Business Operation Date (BO) shown on the return. If no date is given use the first day of the beginning of the tax period. Enter the Wages Paid Date (WP) for Forms 941, 943, 944, and 940. Determine the date as follows:

    • If a Form 941 the WP is the first day of the quarter;

    • If a household employer contact the taxpayer, if possible, to determine the date wages were first paid. If unable to contact the taxpayer use the date of 01–01–YY.

    • If a Form 943 the WP is the first day of the year; or

    • If a Form 940 contact the taxpayer using the telephone for the date wages were first paid. If available, use Form 940, Part III to determine the WP date. If unable to locate the taxpayer use the first daye of the current quarter.


    Enter the new EIN on the return or document and underline the name control.
    See below for the NIC's and the notice generated by each.

    If Use NIC To generate CP
    The EIN is being assigned to a return/document for which no other valid EIN can be found A CP 576
    The EIN is being assigned to a return/document which indicates there is a change in the business organization (for example, a sole proprietor to a corporation) which requires a new EIN B CP 577
    Notice and prior period analysis is to be suppressed D

    Note:

    This will also suppress TC 474, TC 590, and labels. FTD's are not suppressed.

    none
    Only notice is to be suppressed E none
    The EPMF EIN established from Form SS-4 F CP 580
    The EOMF EIN assigned from Form SS-4 G CP 582
    The BMF or EOMF EIN assigned via the EIN Toll-Free Telephone Service H CP 583
    The EOMF EIN established J CP 584
    The EPMF EIN assigned via the EIN Toll-Free Telephone Service K CP 580
    The EOMF EIN assigned via the EIN Toll-Free Telephone Service L CP 582
    The BMF or EOMF EIN assigned via the EIN Toll-Free Telephone Service M CP 583
    The EPMF EIN assigned P CP 581
    Form SS-4 received with a return/document R

    Note:

    Theuse of a Return Identity Code from the chart below is mandatory.

    CP 575


    See below for Return Identity Codes (RIC) to be used:

    Return/Doc RIC   Return/Doc RIC   Return/Doc RIC
    11-C 63   3672 72   8109 08
    CT-1 09   4461 61   8288 18
    1040-NR N2   4461-A 62   8716 87
    1041 05   5227 37   8868 E8
    1041-A 36   5300 53   8871 PL
    1042 12   5301 50   8872 PL
    1065 06   5302 52   940 10
    1065-B 06   5303 58   940-EZ Z1
    1066 66   5304 54   941 01
    1120 02   5306 56   943 11
    1120-F F1   5307 57   943-SS S1
    1120-H H2   5309 59   944 14
    1120-L L1   5310 55   945 JN
    1120-M M1   5330 35   990 67
    1120-ND N1   5500 74   990-BL 56
    1120-PC P3   5500-C 7C     33
    1120-POL P1   5500-EZ 7E   990-EZ Z6
    1120-REIT R2   5500-R 7R   990-PF 44
    1120-RIC R1   7004 E2   990-T 34
    1120-SF S3   706-GS(D) D6   Household Employees ZZ
    2553 53   706-GS(T) T6   8038 46
    3520 68   720 03   3520-A 42
          730 64   SGRI SG

    Note:

    If a Return Identity Code is not listed for the Return/Document, NIC 'D'will be used. The taxpayer will be notified of the EIN assigned and the need to complete and return a Form SS-4. with a Letter 45C.

  7. Use the chart below to determine the filing requirement (FR):

    If Then
    a. The filer is a Form 941 filer, Enter a Form 940 FR
    b. The name is a corporation or Inc, Enter a Form 1120 FR
    c. The name is a partnership, Enter a Form 1065 FR
    d. The name is an estate, Enter a Form 1041 FR
    e. The name contains words such as mortgage, mortgage securities, investors, asset followed by the word trust, Enter a Form 1066 FR
    f. The above words are not present with the word "trust, " Enter a Form 1041 FR
    g. The unprocessable return is for a Form 730, Enter a Form 11C FR
    h. The unprocessable return or document is a Form 1041, or 1065, or 1120, Enter the appropriate filing requirement and enter the FYM on the return

  8. If a return or document indicates a change in ownership, the research is performed on the new entity.

    1. Enter the new EIN and name control on the unprocessable return or document, circle out the old EIN, name control & check digit of the former owner. Release the return.

    2. If it can be determined that the original owner filed a return for the final period but it posted without condition code " F," input a TC 591, CC 20 to indicate the original owner is no longer liable for this type of tax.

    3. If a final return has not posted correspond with the original owner using Letter 696C requesting a "Final" return.

  9. Multiple EIN's

    • If multiple EIN's are present, verify using CC's NAMEE, NAMEB, or INOLE.

    • The most active EIN on the module is the taxpayer's EIN.

    • If they are the same taxpayer, process using the consolidating accounts procedures.

    • If they are not the same taxpayer, determine the correct EIN for the name on the return and process according to (3) and (4) above.

  10. Return received with a Form SS–4 attached.

    1. Process the Form SS–4 per instructions in IRM 21.7.13 .

    2. Use NTC-CD> R, the correct RIC and tax period ending.

    3. Annotate the new EIN on the return and underline the name control.

    4. Release the return for processing.

  11. Return received with a Form SS-4 attached and the account has already been established on the Master File:

    • If the Notice Code (NTC-CD>) on ENMOD is 'A' or 'B', this indicates that a new EIN was assigned and a notice was sent to the taxpayer requesting completion of a Form SS-4 (See Figure 3.13.2-12).

    • To keep a second notice from being sent to the taxpayer, an ESIGN'U' transaction must be entered by the following steps:

    • Bring up the account on ENMOD.

    • Input ESIGN'U' and transmit.

    Figure 3.13.2-12

    This image is too large to be displayed in the current screen. Please click the link to view the image.

  12. Before releasing the return for processing, an audit trail containing the TE's IDRS number must be entered in the lower left corner of the return. The following applicable format will be used:

    • EIN'F'MMDDYYYY (used when TE finds the taxpayer's valid EIN)

    • EIN'E'MMDDYYYY (used when TE must assign a new EIN to the taxpayer)

    • EIN'OK'MMDDYYYY (used when correct EIN was already entered on the return)


    This is the "Return Processable Date" . This is the date the return became processable for purposes of calculating penalties and interest.

  13. If the return contains indication that it is for a bankruptcy or receivership, refer to IRM 3.13.2.9.17.

  14. If the returns/documents are numbered, they must be in DLN order, as shown on the transmittal, before releasing.

    Note:

    If the Program Completion Date (PCD) for the return is imminent, input TC 599 CC 18 for the tax period on the return and annotate 'TC 599' in the left margin of the return. Do not input TC 599 if the return is annotated with '3177', 'TC 59X, is an amended return (CCC 'G'), RPS return, Rejected return, unpostable return, or was secured by Examination.

    Figure 3.13.2-13

    This image is too large to be displayed in the current screen. Please click the link to view the image.

3.13.2.7.3  (01-01-2009)
Form 940/ 941 SCRIPS

  1. Entity is responsible for editing entity changes on all SCRIPS Forms 940/941. Entity will do the following when editing Forms 940/941 for SCRIPS:

    • Use a green pen to edit the entity information.

    • Line through check digits on pre-addressed labels (if present) when making a change to the name line that affects the name control.

    • Edit an asterisk (*) to the left (as close to the entry as possible) of the incorrect EIN and/or name control (this will prompt the system to stop on the indicated field) and line through the incorrect information.

3.13.2.7.4  (01-01-2010)
Forms 941, 943, 944, 945 and 940, Employment Returns

  1. Form 941, Employer's Quarterly Federal Tax Return
    See Figure 3.13.2-14.
    Use Circular E for resolving questions concerning Employer's Tax for Forms, 941, 940, 944 and 945.

    1. This return is filed by taxpayers with employees. Services performed by a son/daughter age 18 or older are taxable for social security purposes.

    2. Services performed by a spouse are taxable for social security purposes.

    3. Cash tips are wages and are subject to social security tax. However, a separate line has been retained on the return for this item.

    4. The return is filed to report withheld income tax and social security and Medicare taxes.

    5. The return is filed on paper Forms 941 or e-file.

    6. The return is filed four times a year, with the tax period ending on the following dates and the return due accordingly:
      March 31 and the return due on April 30th.
      June 30 and the return due on July 31st.
      September 30 and the return due on October 31st.
      December 31 and the return due on January 31st.

      Exception:

      Intermittent filer

    Figure 3.13.2-14

    This image is too large to be displayed in the current screen. Please click the link to view the image.

  2. Form 943, Employer's Annual Tax Return for Agricultural Employees
    Use Circular A for resolving questions concerning agricultural employers. See Figure 3.13.2–15. This return is filed by Employers of Farm workers. A farm worker is an employee of the operator of a farm who:

    1. Raises or harvests agricultural or horticultural products; or Cares for the farm and equipment; or

    2. Handles, processes, or packages any agricultural or horticultural commodity, if over half is produced on the farm; or

    3. Does work related to cotton ginning, turpentine, or gum resin products; or

    4. Does housework in the private home on a farm operated for profit.


    Definition of Farm—includes stock, dairy, poultry, fruit, fur-bearing, animal and truck farms, orchards, plantations, ranches, nurseries, ranges and green houses or other similar structures used mainly for raising agricultural or horticultural commodities.
    Form 943 is filed to report FICA taxes. The employer must also withhold federal income tax from the cash wages it pays its farm-workers if the cash wages are subject to social security and Medicare taxes. Although non-cash wages are subject to federal income tax, an employer may withhold federal income tax only when the employer and its employee agree to do so.
    Paper Forms 943 are filed once a year with the tax period ending on December 31st and the return due on January 31st.

    Note:

    Forestry and lumbering are not "Farm work" unless the products are for use in the employers farming operations.

    Figure 3.13.2-15

    This image is too large to be displayed in the current screen. Please click the link to view the image.

  3. Form 940, Employer's Annual Federal Unemployment (FUTA) Tax Return

    1. This return is filed by employers that have employees and are subject to Federal Unemployment tax.

    2. Non-agricultural and non-household employers are required to file this return if during this year or last year either paid wages of $1,500 or more in any calendar quarter or he had one or more employees for at least some part of a day in any 20 or more different calendar weeks.

    3. An Agricultural Employer files this return if during this year or last year they either paid cash wages of $20,000 or more in any calendar quarter; or employed 10 or more farm workers during some part of a day during any 20 different weeks.

    4. A household employer is not required to report unemployment taxes on Form 940. DO NOT ESTABLISH A FORM 940 FOR HOUSEHOLD EMPLOYERS. Household employers report wages paid on Schedule H (FORM 1040).

      Exception:

      State and local government health and welfare agencies, who assume responsibility for reporting and paying FICA and FUTA taxes and any withheld income tax with respect to individuals furnished by the agency to provide domestic services (chore workers) for recipients of public assistance must obtain a separate EIN to report these taxes.

    5. The return is filed once a year with the tax period ending on December 31st and the return is due on January 31st. If the taxpayer deposits all FUTA tax when due, the taxpayer may file on or before February 10th. See Figure 3.13.2–16.

    Figure 3.13.2-16

    This image is too large to be displayed in the current screen. Please click the link to view the image.

  4. Form 944, Employer’s Annual Federal Tax Return. Form 944 is filed annually to report and pay employment taxes. Taxpayers who apply for an EIN via phone, mail, internet, or fax are assigned a Form 944 FRC based on a 'yes' response to Form SS-4, Item 14. Effective 1-1-10, participation in the Form 944 project becomes voluntary. However, the same "opt out" period applies.

    If Then
    The taxpayer is filing Form 944 and there is no FRC for Forms 944 and 941 Establish a Form 944 FRC if the wages are under $4,000 annually
    The taxpayer is filing Form 944 and they qualify for a Form 944 FRC and the Form 941 FRC is present

    Note:

    Caution will be exercised when changing the FRC from 941 to 944. Form 944 is an annual return so the taxpayer could have filed Forms 941 and a 944. See Figure 3.13.2–17

    The Form 941 FRC will be deleted and a Form 944 FRC will be established if the wages are under $4,000 annually.
    The taxpayer has a Form 944 FRC and he did not opt out of the Form 944 program by April 1st. Entity cannot change the FRC unless IRS made an error. The taxpayer must file Form 944. Example:taxpayer is notified in Feb. 2007 that he is now a Form 944 filer. taxpayer files Form 944 in Jan. 2008 for the 2007 tax year showing liability of more than $1,000. taxpayer's Form 944 will be processed because he did not opt out by April 2007.

    Note:

    If the taxpayer has a Form 944 FRC and did not opt out by April 1st and files Form 941, the Form 941 will unpost. The taxpayer must be notified that he must file Form 944 (regardless of the liability amount)

    The Form 944 shows a tax liability of more than $1,000 and has a Form 944 FRC Taxpayer must file Form 944 (unless it is before April 1st of the tax year)

    Note:

    Once the Form 944 posts, the taxpayer will receive a letter stating that he exceeded the threshold and must file Form 941 for the next tax year.

    Figure 3.13.2-17

    This image is too large to be displayed in the current screen. Please click the link to view the image.

  5. Form 945, Annual Return of Withheld Federal Income Tax

    1. Form 945 is a multi-use form. The taxpayer may file it to report federal tax withheld from pensions, annuities, IRA's, gambling winnings, Indian gaming and backup withholding.

    2. The return is due January 31.

    3. Form 945 posts to the BMF

    4. Taxpayers can request a separate EIN for the pension income, however, it is not a requirement. Separate branches within a company may want a different EIN for internal purposes.

    5. When the taxpayer provides the name of a plan on the 945, it indicates that the filing is for withholding on a pension plan. The taxpayer may use either their business EIN or their plan trust EIN for filing Form 945 in this case. The taxpayer may choose to switch between using a plan trust EIN and the business EIN each year.

    6. Primary Name Line - A business EIN will never have wording such as "PROFIT SHARING PLAN" . A plan trust EIN will always have wording such as "PROFIT SHARING PLAN" .

    7. Sort Name Line - A business EIN will never have "ACCOUNT UNDER TEFRA" in the sort name. A plan trust EIN will have "ACCOUNT UNDER TEFRA" in the sort name.

    8. Check BMFOL'I' or BMFOL'T' for MFT 16 to compare deposits when unsure where to post the return.

    9. A TC 011 (consolidation) will only be performed when two plan trust EIN's were issued for the same plan trust. Never consolidate a plan trust EIN to a business EIN, even if the taxpayer indicates that they don’t want to use the plan trust EIN. These are two separate and distinct entities. A TC 591 CC 20 will be input on the account that will no longer be filing the Form 945.

      Exception:

      If the plan trust EIN was assigned in error to process a return or payment, TC 011 must be done to consolidate the accounts.

    10. Processing Form 945. See Figure 3.13.2-18.

      If And Then
      a. The taxpayer uses their business EIN, The EIN is valid, Use the business EIN to process the return. Circle out any plan name wording on the 945 such as "PROFIT SHARING PLAN" .
      b. The taxpayer uses their plan trust EIN, The EIN is valid, Use the plan trust EIN to process the return.
      c. The plan trust EIN is no longer on Master File,   Research to verify the plan trust EIN.
      the EIN is valid, Re-establish the EIN via TC 000.
      a valid EIN is not found Assign a new EIN with the information provided

    11. If the EIN provided is not valid or their is no EIN on the form and:

    If Then
    a. The name provided is a business name,
    • Research using NAMEE for a business EIN.

    • If found, process the return using the business EIN.

    • If no valid EIN is found, re-establish the EIN with the info provided.

    b. The name provided is a pension plan trust type name,
    • Research using NAMEE for a plan trust EIN.

    • If a plan trust EIN is found, use this EIN to process the return.

    • If a plan trust EIN is not found and a business EIN is found, check BMFOL'I' for deposits to MFT 16. If the deposits match, post the return to the business EIN. Circle out any plan name wording on the 945 such as "PROFIT SHARING PLAN" .

    • If no plan trust or business EIN is found, establish an EIN via CC ESIGN as a plan trust.

    Figure 3.13.2-18

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3.13.2.7.5  (01-01-2009)
Forms 1120 Series, Corporation Returns

  1. Entities that are incorporated under state law are considered corporations for Federal Tax purposes. A corporation must file one of the Forms 1120, unless it is an exempt organization. See Figure 3.13.2-19. Exempt organizations that are incorporated file one of the Forms 990 series returns.

  2. Foreign companies (including companies from Guam, Puerto Rico, Virgin Islands, and American Samoa) that incorporate within the United States will file Form 1120. If the foreign company is not incorporated in the United States, but does business in the United States (for example a branch office) it will file Form 1120-F.

  3. Form 1120 (a domestic entity only) received from a Limited Liability Company (LLC) Limited Company (LC) must have a previously accepted Form 8832 (TC 076) on file. If the company has LP or LLP or LC after their business name, you are responsible for determining if the company is an LLC. You can research the entity module for a TC 076. Most Limited Liability Partnerships (LLP's) file Form 1065 for federal tax purposes, however there will be limited partnerships companies (LP) that will opt to file as a corporation for federal tax purposes. If you are undecided about the taxpayer being an LLC, contact the taxpayer.

    Figure 3.13.2-19

    This image is too large to be displayed in the current screen. Please click the link to view the image.

  4. If Form 1128 is attached to Form 1120, see IRM 3.13.2.20 for Form 1128 processing procedures.

  5. The different types of Forms 1120 are as follows:

    • Form 1120, U.S. Corporation Income Tax Return.

    • Form 1120-C, U.S. Income Tax Return for Cooperative Associations.

    • Form 1120-F, U. S. Income Tax Return of a Foreign Corporation.

    • Form 1120–SF, U.S. Income Tax Return for Designated Settlement Funds (Under Section 468B).

    • Form 1120F, U.S. Income Tax Return of a Foreign Corporation.

    • Form 1120–FSC, U.S. Income Tax Return of a Foreign Sales Corporation.

    • Form 1120–H, U.S. Income Tax Return for Homeowners Associations.

    • Form 1120–IC–DISC, Interest Charge Domestic International Sales Corporation Return.

    • Form 1120L, U.S. Life Insurance Company Income Tax Return.

    • Form 1120–ND, Return for Nuclear Decommissioning Funds and Certain Related Persons.

    • Form 1120–PC, U.S. Property and Casualty Insurance Company Income Tax Return.

    • Form 1120–POL, U.S. Income Tax Return for Certain Political Organizations.

    • Form 1120–REIT, U.S. Income Tax Return for Real Estate Investment Trusts.

    • Form 1120–RIC, U.S. Income Tax Return for Regulated Investment Companies.

    • Form 1120S, U.S. Income Tax Return for an S Corporation.

  6. Corporation tax years can end any month of the year. A fiscal year ends January through November; a calendar year end is a December tax year end. A Subchapter S corporation, a personal service corporation and a life insurance company, must use the tax year of their owner (usually December 31) unless certain requirements are met. Once the fiscal year month (FYM) is determined (return filed), the taxpayer can only change their FYM by filing Form 1128.

  7. All corporate returns are posted to the BMF except Form 1120–IC–DISC which are Non Master File.

  8. Form 1120

    • Form 1120, U. S. Corporation Income Tax Return

    • This return is filed by domestic corporations that can be members of an affiliated group and be included in a consolidated return

    • Form 1120 is filed annually and the return is due on the 15th day of the third month after the end of the tax year

  9. Form 1120-C

    • This return is filed by cooperative associations.

    • It was created to replace Form 990-C beginning Jan. 1, 2007.

  10. Form 1120SF

    • This return is filed by a corporation who establishes a fund for the principal purpose of settling and paying claims against the electing taxpayer under IRC Section 468B.

    • The return is filed annually and is due on the 15th day of the third month after the close of the fund's tax year.

    • The return must be on the same tax year as the electing taxpayer that created it.

  11. Form 1120-FSC

    • Forms 1120-FSC, U. S. Income Tax Return of a Foreign Sales Corporation, are filed at the Ogden Submission Processing Center.

    • Any election to be a foreign sales corporation made prior to Oct. 1, 2000, are now obsolete.

  12. Form 1120-H

    • This return is filed by homeowners associations. The filing of Form 1120-H is an election under IRC Section 528 and cannot be changed for the year of filing.

    • If the homeowners association does not elect to use Form 1120-H, it can file a Form 1120.

    • The homeowners association may file for tax exemption under IRC Section 501(c)(4) and will then file a Form 990.

    • The Form 1120-H is filed annually and the return is due on the 15th day of the 3rd month after the tax year ends.

  13. Form 1120-IC-DISC

    • This return is an information return filed by an interest charge domestic international sales corporation (DISC), a former DISC, and a former IC-DISC

    • The IC-DISC election is made by filing Form 4876-A, Election To Be Treated as an Interest Charge DISC.

    • The return is filed annually and is due on the 15th day of the 9th month after the tax year ends. No extensions are allowed.

  14. Form 1120-L

    • This return is filed by domestic life insurance companies and foreign corporations carrying on an insurance business within the U. S. that would qualify as life insurance companies if they were U. S. corporations.

    • A benevolent life insurance company of a local character of which 85% or more of the income consists of amounts collected from members for the sole purpose of meeting losses and expenses may file for a tax exemption under IRC Section 501(c)(12) and then will file Form 990. An exempt organization may be required to file a Form 1120-L when it meets certain criteria.

    • This return is filed annually and is due on the 15th day of the 3rd month after the tax year ends.

  15. Form 1120-ND

    • This return is filed by nuclear decommissioning funds under IRC 468A to report contributions received, income earned, the administrative expenses of operating the fund, and the tax on the income earned.

    • The tax year must be the same as that of the creating public utility.

    • The return is filed annually and is due on the 15th day of the 3rd month after the close of the tax year.

  16. Form 1120-PC

    • This return is filed by domestic non-life insurance companies and any foreign corporation that would qualify as a non-life insurance company subject to tax under IRC 831.

    • Certain small mutual and stock non-life insurance companies may file for a tax exemption under IRC 501(c)(15) and then will file Form 990. An exempt organization may be required to file a Form 1120-PC when it meets certain criteria.

    • This type of taxpayer can be a member of a controlled group and file a consolidated return.

    • Normally the return will be filed on a calendar year, but can be a fiscal filer if the parent is a fiscal filer.

    • The return is filed annually and the return is due on the 15th day of the 3rd month after the tax year ends.

  17. Form 1120-POL Filed exclusively at Ogden Submission Processing Center (OSPC)

    • This return is filed by political organizations, that is, a party, committee, association, fund (including a separate segregated fund set up by IRC Section 501(c) tax exempt organizations), such as a political action committee. A political organization will also be required to file a Form 990.

    • A tax exempt organization will file both Forms 990 and 1120-POL.

    • The return is filed annually and is due on the 15th day of the 3rd month after the tax year ends.

  18. Form 1120-RIC

    • This return is filed to report the income, gains, losses, deductions, credits, and to figure the income tax liability of a Regulated Investment Company (RIC).

    • A Form 1120-RIC cannot be a member of a consolidated group.

    • Form 1120-RIC is an annual return required to be filed on the 15th day of the 3rd month after the end of the RIC's taxable year.

  19. Form 1120-REIT

    • This return is filed to report the income, gains, losses, deductions, credits, and to figure the income tax liability of a Real Estate Investment Trust (REIT).

    • Any Entity that elects to be treated as an REIT (or has made a valid election for a prior tax year) and meets the requirements to be taxed as an REIT must file this return.

    • Once the election is made it remains in effect until terminated or revoked. An election terminates automatically for any year the entity is not a qualified REIT. An election can be revoked by the taxpayer by filing a statement with the campus by the 90th day after the first day of the tax year. In general, if an election terminates or is revoked, the entity may not re-elect to be taxed as an REIT until the 5th taxable year after the year the termination or revocation is effective.

    • The revoking correspondence must be held in Entity until the final Form 1120-REIT is filed. Do not suspend. Associate the correspondence with the final Form 1120-REIT.

    • An REIT cannot be a member of a consolidated return.

    • Form 1120-REIT is an annual return required to be filed by the 15th day of the 3rd month after the end of the REIT's taxable year.

  20. Form 1120S

    • S corporations are domestic corporations in which the income/loss flows through to the owners/shareholders..

    • The corporation must make a Subchapter S election on a timely filed Form 2553.

    • This taxpayer cannot be a member of a controlled group of corporations.

    • Generally, an S corporation is exempt from federal income tax other than tax on certain capital gains and passive income.

    • This return is filed annually and is due by the 15th day of the 3rd month after the close of the tax year.

    • The Tax Reform Act of 1986 required all S corporations to use the same tax year/FYM as their owner. There are certain provisions (Form 8716, Form 1128, Rev. Proc. 2006-46) whereby an S corporation can use a fiscal tax year. This will be denoted by a TC 054 or TC 055 on the Entity module.

    • If an EIN must be assigned to a Form 1120S, NIC 'D' will be input. Send 147C to the taxpayer to notify them of the EIN assignment, asking them to complete and return a Form SS-4. Also tell the taxpayer that they will be contacted separately regarding their Form 2553.

3.13.2.7.5.1  (09-01-2009)
Revenue Procedure 2007-62

  1. Under Rev. Proc. 2007-62 taxpayers can file their Form 2553 with their initial Form 1120S requesting an effective date for the tax period of the return. They may file electronically through Modernized e-File (MeF) or paper. Code and Edit will edit Error Resolution System (ERS) Action Code 347 on paper returns and MeF will generate ERS Action Code 347 for electronically filed Forms 1120S quoting Rev. Proc. 2007-62. For MeF returns, Entity TE's must print Form 2553 from the Employee User Portal (EUP).

  2. This revenue procedure supplements Rev. Proc. 2003-43 and provides an additional simplified method for obtaining relief for a late filed Form 2553, provided that the requirements of this revenue procedure are satisfied.

  3. This revenue procedure supplements Rev. Proc. 2004-48 and provides an additional simplified method for obtaining relief for late filed Form 2553 and Form 8832 , provided that the requirements of this revenue procedure are satisfied.

  4. The following requirements of Rev. Proc. 2007-62 must be met for relief to be granted:

    • The entity fails to qualify for its intended status as an S corporation on the first day that status was desired solely because of the failure to file a timely form 2553 (and Form 8832) with the applicable campus.

    • The entity has reasonable cause for its failure to timely file Form 2553 (and Form 8832).

    • The entity seeking to make the S corporation election has not filed a tax return for the first taxable year in which the election was intended. Form 2553 should have been received attached to the initial Form 1120S.

    • The application for relief is filed under this revenue procedure no later than six months after the due date of the tax return (excluding extensions) of the entity seeking to make the election for the first taxable year in which the election was intended, and

    • No taxpayer whose tax liability or tax return would be affected by the S corporation election (including all shareholders of the S corporation) has reported inconsistently with the S corporation election, on any affected return for the year the S corporation election was intended.

  5. A signed statement containing the above facts must be attached to Form 2553 filed under Rev. Proc. 2007-62. It is not necessary that a consistency statement be included as the Form 2553 was filed with the initial Form 1120S.

  6. An entity may request relief for a late filed S corporation election by filing with the applicable campus a properly completed Form 2553 with a statement of reasonable cause with their initial Form 1120S.

  7. Requests under Rev. Proc. 2007-62 will be processed as follows:

    If And Then
    a. Initial Form 1120S is received with a Form 2553 attached, Form 2553 is complete,
    1. Detach Form 2553 and reasonable cause statement to use as source document. For MeF returns, use the EUP. Edit "D2553, TC090" , the date and your IDRS number in the left margin of Form 1120S.

    2. Input TC 090 per IRM 3.13.2.24.9

    3. Annotate "TC 090" on Form 8161 or local routing slip.

    4. Release paper Form 1120S to ERS/Rejects with instructions to hold one week (7 calendar days) then release for processing.

    5. If MeF, release to ERS/Rejects.

    b. Initial Form 1120S is received with Form 2553 attached, Form 2553 is incomplete,
    1. Input TC 093, if there is not a pending or posted TC 090.

    2. Contact taxpayer via telephone (make two attempts) for missing information. Ask taxpayer to fax complete document within 48 hours.

    3. Annotate call on Form 12130 .

    c. If requested information is received within 48 hours, Form 2553 is complete (including statement of reasonable cause),
    1. Detach Form 2553 and reasonable cause statement to use as source document. For MeF returns, use the EUP. Edit "D2553, TC 090" , the date and your IDRS number in the left margin of Form 1120S.

    2. Input TC 090 per IRM 3.13.2.24.9

    3. Annotate "TC 090" on Form 8161 or local routing slip.

    4. Release paper Form 1120S to ERS/Rejects with instructions to hold one week (7 calendar days) then release for processing.

    5. If MeF, release to ERS/Rejects.

    d. If requested information is not received within 48 hours and entity is a corporation or LLC with TC 076, PSC'A' posted, Form 2553 is incomplete and IDRS research does not satisfy completion requirements,
    1. Input TC092,

    2. Detach Form 2553 and edit "D2553, TC 093/092" in lower left margin on paper Form 1120S and Form 8161 (or local reject routing slip)

    3. Return Form 2553 to the taxpayer for completion using 6800sce letter. Be sure to mark the box that tells the taxpayer if response is not received within 30 days, their Form 1120S will be converted to Form 1120. Put history item on CC ENMOD that reads: 6800SCE
      W2553

    4. Attach Form 12130 to paper return. If MeF, destroy Form 12130.

    5. Return paper Form 1120S to ERS/Rejects

    e. Form 1120S and Form 2553 are received, Entity does not qualify for the effective date requested because this is not initial Form 1120S. See IRM 3.13.222.77
    1. Approve Form 2553 for the next qualifying effective date.

    2. Annotate "D2553, BK95" in the lower left margin of Form 1120S and on Form 8161 (or reject routing slip).

    3. Return Form 1120S to ERS/Rejects.

    f. If return is initial Form 1120S, A posted TC 090 has effective date later than tax period of return,
    1. Input TC 092

    2. Input TC 090 with new effective date, PDC-1, PSC 'Z',

    3. Annotate "TC's 092/090" in lower left margin of return and on reject routing slip (Form 8161 or reject routing slip).

    4. Send 385C to Taxpayer informing them the effective date of their S election has been approved based on Rev. Proc. 2007-62.

    5. Release Form 1120S to ERS/Rejects with instructions to hold one week (7 calendar days) then release for processing.

    g. Form 1120S is received with Action Code 347, Form 2553 is not attached and there is not a TC 090 posted on CC ENMOD of IDRS,
    1. Annotate "No 2553 No TC 090" the date and your IDRS number in the lower left margin of Form 1120S and on Form 8161 (or reject routing slip).

    2. Release Form 1120S to ERS/Rejects.

    h. Form 2553 is not attached, There is a posted TC 090 for the tax period of the Form 1120S,
    1. Annotate "TC 090" the date and your IDRS number in the lower left margin.

    2. Release form 1120S to ERS/Rejects.

    i. The effective date of the TC 090 is the same or prior to the effective date requested on Form 2553, The TC 090 was input less than 45 days prior to the IRS received date on Form 1120S/2553,
    1. Place a large X on Form 2553 in blue ink. Send 385C to the taxpayer.

    2. Annotate "TC 090 & 385C" in lower left margin of Form 1120S and on reject routing slip (or Form 8161 for MeF Forms 1120S).

    3. Release Form 1120S to ERS/Rejects.

    J. Form 2553 cannot be approved for the requested tax year and is approved for the next qualifying year, Form 1120S is rejected with Action Code 347, Convert Form 1120S to Form 1120 by completing the Entity portion of a blank Form 1120 (for the same tax year) and stapling it to the front of Form 1120S. Bring the Reject Routing Slip to the front and annotate: "Cancel 1120S DLN and number as Form 1120 for posting"

    Note:

    Following is suggested script to be utilized when contacting the taxpayer via telephone for Rev. Proc. 2007-62 information: This is (TE's name) from the Internal Revenue Service and I am processing your Forms 1120S and 2553 filed under Rev. Proc. 2007-62. Before I can complete the processing of your forms I must ask for additional information. (State the needed information). Please fax this information to me at (your team's fax number) no later than (two days from today). If I do not receive the requested information within the time frame requested, your Form 1120S will be processed as a Form 1120.

3.13.2.7.6  (01-01-2010)
ERS Action Code 321 (Ogden only)

  1. ERS Action Code 321 was created specifically for electronically filed consolidated tax returns with subsidiary EIN and Name Control mismatch. A Consolidated Return Resolution report will be submitted to Entity with a listing of each subsidiary EIN and name (along with the parent corporation's EIN and name) and whether or not the TC 590 Closing Code 14 was input.

  2. Electronic filed returns will be routed to Entity by Rejects with a 10-day suspense period/turnaround time.

  3. If rejected MeF return is for a name and/or address change for the parent, access EUP to verify.

3.13.2.7.7  (01-01-2009)
Form 1041 Estates and Trusts

  1. This form is the income tax return for estates and trusts.

  2. The types of returns are

    • Form 1041, U.S. Fiduciary Income Tax Return.

    • Form 1041–A, U.S. Information Return—Trust Accumulation of Charitable Amounts.

    • Form 1041–ES, Estimated Income Tax for Fiduciaries.

    • Form 1041-QFT, Qualified Funeral Trusts.

    • Form 1041–N, Native Alaskan Settlement Trusts

  3. Form 1041-A is processed as an EO return; see IRM 3.13.12 .

  4. Form 1041-QFT will be processed at the Cincinnati Campus (CSPC) only.

  5. The type of trusts that file Form 1041 are:

    1. Decedent's Trust—The fiduciary must file for a created trust from the estate of a decedent.

    2. Domestic Trust—The fiduciary must file for a domestic trust taxable under IRC Section 641 .

    3. Bankruptcy Estate—The fiduciary must file for an estate of an individual involved in bankruptcy proceeding under Chapter 7 or 11 of title 11 of the U.S. Code.

    4. Trusts filing under Section 645 (Rev. Proc. 98-13) must state in the name line 'Trust filing as an Estate under Section 645' and that designation needs to be input into IDRS. (Example, JOHN SMITH TR FILING AS AN ESTATE UNDER SECTION 645). After two years has elapsed for that entity, the trust needs a new EIN (at this point they are a new entity). There will not be an EIN consolidation issue since the new EIN will be input into IDRS as JOHN SMIT H TR.

  6. Generally, a trust must adopt a calendar year (FYM 12) and the return is due on the 15th day of the 4th month following the close of the tax year. The following trusts are exempt from this requirement:

    • A trust that is exempt from tax under IRC Section 501(a);

    • A charitable trust described in IRC Section 4947(a)(1); and

    • A trust that is treated as wholly owned by a grantor under the rules of IRC Sections 671 through 679.

  7. The return is filed annually and is due on the 15th day of the 4th month following the close of the tax year. See Figure 3.13.2-20.

  8. On Form 1041, where the taxpayer does not indicate on the name line if the entity is an estate or trust, check the applicable boxes on the return and enter the type of entity indicated in the boxes on the name line.

  9. If a Form 1040 is received that is overlaid with a Form 1041, do not detach form 1040. The final Form 1040 should be filed for the same year a taxpayer becomes deceased. Quite often, executors of estates will file Forms 1040 for tax periods beyond the year the date of death is in. These Forms 1040 must be converted to Forms 1041.

    • Research for an estate EIN. If an EIN is found, enter the EIN on the Form 1041. Do not send a letter.

    • If an EIN is not found, assign an EIN, suppressing the notice with NIC D. Do not send a letter.

    • Ensure the Computer Condition Code (CCC) F is entered on the return.

  10. Use the beginning of the tax year (located at the top of Form 1041) as the BO date.

    Figure 3.13.2-20

    This image is too large to be displayed in the current screen. Please click the link to view the image.

  11. The chart below contains associated terms and types of trusts:

    Term Definition
    Fiduciary
    • Trustee of a trust, or

    • Executor, executrix, administrator, administratrix, personal representative, or person in possession of a property of a decedent

    Beneficiary A person designated as the recipient of funds or other property under a trust or an estate
    Corpus The principal sum of the capital of a trust or an estate, as distinguished from interest or income
    Maker/grantor The person(s) or organization that
    • Originated the trust, or

    • Has control over the trust

    Simple Trust A trust
    • For which the trust instrument requires that all income be distributed currently, with no authority to make charitable contributions or distribute amounts allocated to the corpus of the trust, and

    • That is a simple trust only for a year in which it distributes income and makes no other distributions to beneficiaries

      Note:

      When a trust does not meet these requirements for a year, it is a complex trust.

    Complex Trust A trust which, for the taxable year, does not qualify as a simple trust
    Grantor Trust A trust that
    • Is set up by a living person or organization, or created by a will, or

    • Is set up so that the income from the trust is taxable income of the grantor

    Non-taxable grantor trusts do not report income, deductions, and credits on Form 1041, U.S. Income Tax Return for Trusts and Estates

    Note:

    The grantor may file Form 1041 for informational purposes only.

    Intervivos Trust A trust established by a grantor during his/her lifetime.
    Revocable Trust The grantor:
    • Has control of the trust (for example, has power to repeal or annul), and

    • Pays the taxes of the trust on his/her Form 1040

      Note:

      The grantor files Form 1041 for informational purposes only.

    Irrevocable Trust The grantor has no control of the trust and the trust pays the taxes.
    Testamentary Trust A testamentary trust is created by a will, which begins its existence upon the death of the person making the will, when property is transferred from the decedent's estate. Testamentary trusts are generally simple or complex trusts. A testamentary trust is irrevocable by definition, as it comes into being at the death of the grantor. It is also known as a "trust under the will" .
    Residual Trust A trust set up to receive the part of an estate that remains after the payment of all debts, charges, devices, and bequests to entities other than the beneficiary
    Conservatorship A trust set up for an incompetent person
    Guardianship/
    Custodianship
    A trust set up for a minor or incapacitated person
    Ancillary and Domiciliary Trust Returns A trust which exists in a foreign state because the grantor is domiciled (resides) in another state
    Family Estate Trust
    • A trust instrument provides evidence of ownership, such as certificates of beneficial interest in the trust.

    • The grantor is a trustee and executive officer; and

    • The corpus and undistributed income are distributed to the owners after the trust is terminated.

      Note:

      This is also known as a family, family estate, pure, equity, equity pure, prime, or constitutional trust.

    Generation Skipping Trust A trust with younger generation beneficiaries who are more than one generation younger than the grantor’s generation. 
    Pooled Income Trust (also known as Split Interest Trust) A split interest trust with a:
    • Remainder interest for a public charity, and

    • Life income interest retained by a donor or for another person

    Clifford Trust A grantor type trust where the assets are placed in a trust but there is still some ownership. It is taxable to the grantor.
    Non-Explicit Trust
    • An arrangement that has substantially the same effect as a trust. It is treated as a trust even though it is not an explicit trust.

    • Non-explicit trusts do not include the decedent’s estate.
      Examples : Insurance and annuity contracts, arrangements involving life estates and remainders

    Non-exempt Charitable Trusts A trust that is set up for a charitable purpose but that is not eligible for exempt status

3.13.2.7.8  (01-01-2009)
Form 1041 - QFT, U.S. Income Tax Return for Qualified Funeral Trusts

  1. The trustee of a trust that has elected to be taxed as a qualified funeral trust (QFT) files Form 1041–QFT to report the income, deductions, gains, losses, etc., and income tax liability of the QFT.

  2. Form 1041–QFT will be processed at the Cincinnati Campus only.

  3. Follow these procedures if forms are received at centers other than CSC. Instructions apply to non-remittance

    1. Research to determine the correct filing requirement and if any estimated payments posted to the old EIN.

    2. Follow guidelines as appropriate under remittance QFTs.

  4. Follow these procedures to avoid balance due notices and incorrect filing requirements on QFT's with remittance.RCO/Extraction will call Entity when these returns are identified and the proper research must be completed before Deposit Activity process the payment. Forms 1041–QFTs must be processed on a same day basis. Research to determine the filing requirement.

  5. If FRC "9" is present, continue processing as received (QFT entity has already been established).

  6. If FRC other than "9" is present (most likely FRC "1" ), determine the entry present on Line 4 (Part 1) of Form 1041–QFT (number of QFT's included on this return).

    1. If line 4 contains an entry of 2 or more, establish a new EIN with FRC "9" .

    2. If line 4 is blank, or contains an entry of 1, and the filer has applied for a new EIN, establish a new EIN with FRC "9" .

    3. If line 4 is blank, or contains an entry of 1, but the filer has not applied for a new EIN, change the filing requirement to FRC "9" , but retain the existing EIN.

      Note:

      All Forms 1041–QFT must be established with FRC "9" . Taxpayers who elect to file a "single" Form 1041 QFT in lieu of Form 1041, may retain their original EIN as previously used for filing Form 1041. Taxpayers who elect to file a "composite " Form 1041–QFT (filed for more than one trust), must obtain a new EIN.

3.13.2.7.9  (01-01-2009)
Form 1065, U.S. Partnership Return of Income

  1. This return is filed to report the income, deductions, gains, losses, etc., from the operation of a partnership. See Figure 3.13.2-21.

  2. The return is filed by all domestic partnerships, foreign partnerships, and Limited Liability Companies that are engaged in a trade or business or have income from sources in the United States.

  3. The return is filed by religious and apostolic organizations that are exempt from income tax under IRC Section 501(d). These taxpayers are reorganized on the BMF with a Subsection Code 40. A Form 1065 filed by these organizations is treated the same as any Form 1065, except name changes and address changes affecting the name lines must be processed under instructions in this IRM.

  4. The Tax Reform Act of 1986 requires all partnerships to use the tax year of their owner, usually December 31. If the partnership/LLC has received permission to use a fiscal tax year or a fiscal tax year is the actual year end of the owner, a TC 054/055 will be posted on the Entity module. If the taxpayer has not received permission to use a fiscal year, the phrase "allow to UPC 307" will be entered in the audit trail. The invalid tax year will be addressed when the return becomes unpostable.

  5. Regulation 1.761 allows a partnership to file their initial Form 1065 with a list of the partners/members names and addresses. Attached must be a statement that the entity qualifies under Reg. 1.761. The Computer Condition Code (CCC) F will be edited onto the return.

  6. IRC Section 708 allows a partnership that has experienced a 50% or more change in partners to retain their EIN when the 'business' of the partnership continues.

  7. The return is filed annually and the return is due:

    1. For domestic partnerships on the 15th day of the 4th month following the close of its tax year.

    2. For partnerships where partners are all nonresident aliens on the 15th day of the 6th month following the close of its tax year.

  8. When Form 1065 is received from Code and Edit or ERS, research to determine the number of partners/members. If the return indicates the number of Schedules K-1 is "1" and the Schedule K-1 attached to the return has 100% interest in the partnership. Correspond with the taxpayer as this is an invalid return. If the taxpayer fails to reply or states in their response that they are no longer a partnership, input a TC 591 CC 20 to close the filing requirement. Route it back to the area that routed it to Entity.

    Figure 3.13.2-21
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  9. Termination of a partnership under IRC Section 708(b)(1)(B) 1997-24. This section states that a partnership shall be considered terminated if within a 12 month period there is a sale or exchange of 50% or more of the total interest and if the purchaser and remaining partners immediately contribute the properties to a new partnership, they can retain the old partnership EIN. If they apply for a new EIN, then they will use the new EIN. If they do not quote IRC Section 708(b)(1)(B) 1997-24, assign a new EIN. If they quote IRC Section 708(b)(1)(B) 1997-24, do not assign a new EIN.

3.13.2.7.10  (01-01-2009)
Form 720, Quarterly Federal Excise Tax Return

  1. Form 720 is filed to report liability for certain excise taxes. See Figure 3.13.2–22.

  2. If the return is for a one time filers, mark the return final and suppress the notice.

  3. If the taxable period is a calendar quarter, Form 720 is due by the last day of the first calendar month following the quarter for which it is made.

  4. Form 720 is filed and processed at the Cincinnati Processing Site.

    Figure 3.13.2-22

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3.13.2.7.11  (01-01-2009)
Forms 11–C, Occupational Tax and Registration Return for Wagering, and 730, Monthly Tax on Wagering

  1. Form 11–C , Occupational Tax and Registration Return Wagering

    1. Form 11–C is filed by persons who accept taxable wagers to register certain information with the IRS and to pay the occupational tax imposed under IRC Section 4411.

    2. The occupational tax is $50 per year if taxable wagers accepted are authorized under the laws of the state in which accepted or $500 per year for all other taxable wagers.

    3. All persons engaged in the business of receiving taxable wagers on their own behalf are required to file Form 11–C before accepting taxable wagers (principal operators). Anyone who accepts taxable wagers on behalf of a principal operator (agents) also is required to file Form 11–C before accepting taxable wagers.

    4. The first return will cover the tax period from the start of business until June 30 of the current year. For subsequent years, the form is due by July 1 as long as taxable wagers are accepted. The BO date is the date (month and day) listed at the top of Form 11–C. See Figure 3.13.2-23.

    5. The processing of Form 11–C is centralized at the Cincinnati Campus.

    Figure 3.13.2-23

    This image is too large to be displayed in the current screen. Please click the link to view the image.

  2. Form 730, Monthly Tax on Wagering

    1. Taxpayers must file Form 730 and pay the tax on wagers under IRC Section 4401(a) if they are in the business of accepting taxable wagers, accept a wager, or conduct a wagering pool, or lottery for profit, or are required to be registered (because they receive taxable wagers on behalf of another who would otherwise be liable for the tax) and they fail to properly register.

    2. On wagers authorized under the laws of the state in which accepted, tax is imposed at a rate of .0025 percent of the amount of the wager. All other taxable wagers are subject to a rate of .02 percent of the amount of the wager.

    3. Form 730 is a monthly return that must be filed by the last day of the month following the month for which taxable wagers are reported. Once filed, Form 730 must be filed each month until a final return is filed, even if the taxpayer receives no wagers that month. These returns will show no activity. If no taxable wagers will be received in the future, a final Form 730 must be filed. The return must reflect the notation "Final Return." The BO date is the first day of the month entered above line 1 on the return.

    4. Persons liable for filing Form 730 must also file Form 11–C to be registered to accept wagers and to pay the occupational tax.

    5. The processing of Form 730 is centralized at the Cincinnati Campus. See Figure 3.13.2-245.

    Figure 3.13.2-24

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3.13.2.7.12  (01-01-2010)
Form 2290, Heavy Highway Vehicle Use Tax Return

  1. Form 2290 is filed to report the tax due on highway motor vehicles with a taxable gross weight of 55,000 pounds or more driven on public highways during the taxable period. See Figure 3.13.2–25.

  2. The taxable period begins each July 1 and ends the following June 30. For vehicles first put into service in July of the taxable period, Form 2290 is due by August 31. For vehicles first put into service after July of the taxable period, Form 2290 for that period is due by the last day of the month following the month of first use. The BO date is the first day of the month entered on line 1 of the return.

  3. Form 2290 is filed by the person in whose name a taxable vehicle is registered or required to be registered at the time of its first use on public highways.

  4. Vehicles put into service and actually operated by the Federal Government, a state or local government, or an Indian tribal government if the vehicle's use involves the exercise of an essential tribal government function, are exempt from tax.

  5. The processing of Form 2290 without payment due or using EFTPS for payment happens at the Cincinnati Submission Processing Center. .

    Figure 3.13.2-25

    This image is too large to be displayed in the current screen. Please click the link to view the image.

3.13.2.7.13  (01-01-2010)
Processing Forms 706 and 709

  1. Verify the SSN entered on the Form 706/709 using CC INOLE'S'.

  2. If the name does not match, research for the correct SSN.

  3. Input the SSN followed by a "V" to determine if a valid BMF SSN account has been established.

    1. If a valid BMF SSN account has been established, perfect the return and release for processing.

    2. If a valid BMF SSN account has not been established, and the taxpayer provided the correct SSN, establish the account with TC 000 on the 'V' tape. If the name control on the return does not match a name control on Master File, the BMF SSN will be 'invalid.' The SSN will need to be TC 000'd onto the 'W' tape.

    3. If a valid SSN cannot be located, an Internal Revenue Service Number (IRSN) must be assigned via TEMP SSN software. Once assigned, the IRSN will be established on the invalid portion of the 'V' tape, which is called the 'W' tape.

  4. If you are working Form 706:

    1. The primary name line will be input as an estate name (for example, JOHN SMITH ESTATE), and if present, include the name of the executor, personal representative, or administrator in the sort name line (for example, FLOYD SMITH EX).

    2. Input the address, including any care of name.

    3. Input 52 in the MFT field.

    4. Input the date of death (DT-OF-DEATH>) in MMDDYYYY format.

    5. Remarks are required for these transactions.

    See Figure 3.13.2–26.

    Figure 3.13.2-26

    This image is too large to be displayed in the current screen. Please click the link to view the image.

  5. If you are working a Form 709:

    1. The primary name line will be input as that of an individual (for example, JOHN SMITH).

    2. Input the address, including any care of name

    3. Input 51 in the MFT field.

    4. Input the year of the return being processed in the NM-YR/QRT> field. The year will be entered in YYYY format.

    5. Remarks are required for these transactions.

  6. If a name or address change is required for Form 706/709, the MFT for the appropriate form must be input in order for the transaction to complete.

  7. In situations when a Form 706 and Form 709 need to be processed for the same account, use the transaction format of the Form 706.

3.13.2.7.14  (01-01-2009)
Processing Foreign Forms 706 and 709 series

  1. Forms 706 and 709 are filed by both American citizens and non U. S. citizens that are residents of the U. S.

  2. The processing procedures for foreign taxpayers are the same as domestic taxpayers. See IRM 3.13.2.7.15 through IRM 3.13.2.7.21 .

  3. Research should always be performed to ensure the correct SSN is being used. If unable to locate a valid SSN or the taxpayer does not have an SSN, an Internal Revenue Service Number (IRSN) must be assigned from the TEMP SSN software. Once assigned, the IRSN will be established on the invalid portion of the 'V' tape, which is the 'W' tape.

3.13.2.7.14.1  (01-01-2010)
Internal Revenue Service Numbers (IRSN's)

  1. BMF Entity uses Internal Revenue Service Numbers (IRSN's) for processing documents/payments when an SSN cannot be located. IRSNs are also called "Temporary SSNs" .

  2. IMF Entity uses IRSN's for non-citizen filers and Identity Theft cases.

  3. Currently, the service utilizes TEMP SSN software to assign IRSNs.

  4. IRSNs are the same format of an SSN (XXX-XX-XXXX), however, IRSNs will always begin with '9'.

  5. The fourth and fifth digits signify the campus that assigned the IRSN. See the chart below for details:

    Campus 4th and 5th Digits Expansion Ranges
    Andover 08 38
    Atlanta 07 37
    Austin 18 06
    Brookhaven 19  
    Cincinnati 17 02
    Fresno 89 10
    Kansas City 09 39
    Memphis 49  
    Ogden 29 04
    Philadelphia 28, 66 05

3.13.2.7.15  (01-01-2009)
Form 706, United States Estate (and Generation-Skipping Transfer) Tax Return

  1. This return is filed by the executor of an estate of a decedent who was a citizen or resident of the United States to figure the estate tax imposed by Chapter 11 of the IRC (which is levied on the entire taxable estate, not just on the share received by a particular beneficiary) and the generation-skipping transfer tax imposed by Chapter 13 of the IRC.

  2. The Form 706 is filed with the decedents social security number and the entity is treated like a BMF SSN.

  3. The return is filed within 9 months after the date of the decedents death. A Form 4768 is filed to request extensions.

3.13.2.7.16  (01-01-2009)
Form 706GS(D), Generation-Skipping Transfer Tax Return for Distributions

  1. This return is filed by taxpayers who are "skip persons" who receive a taxable distribution from a trust.

  2. The Form 706GS(D) must be filed with the SSN, if the distributee is an individual, and the trust's EIN if the distributee is a trust.

  3. The return is filed on a calendar year basis by April 15th of the year following the calendar year when the distributions were made.

  4. Form 7004 is filed to request extensions.

3.13.2.7.17  (01-01-2009)
Form 706GS(T), Generation-Skipping Transfer Tax Return for Terminations

  1. This return is filed by the trustee of any trust which has a taxable termination.

  2. The Form 706GS(T) is filed with the trust's EIN.

  3. The return is filed by the trustee of the trust by April 15th of the year following the calendar year in which the termination occurs.

  4. Form 7004 is filed to request extensions.

3.13.2.7.18  (01-01-2009)
Form 706–NA, United States Estates (and Generation-Skipping Transfer) Tax Return

  1. This return is filed by the executor of an estate of a decedent who was not a citizen or resident of the United States to figure the estate tax imposed by Chapter 11 of the IRC on the value of the decedents gross estate located in the United States under the situs rules of the IRC and the generation-skipping transfer tax imposed by Chapter 13 of the IRC.

  2. The Form 706–NA is filed with the decedents U.S. social security number (if any).

  3. The return is filed 9 months after the date of the decedents death. A Form 4768 is filed to request extensions.

3.13.2.7.19  (01-01-2009)
Form 706–A, United States Additional Estate Tax Return

  1. This return is filed by the qualified heir of a decedent to report a taxable disposition or cessation of qualified use of property valued under Section 2032A of the IRC on the decedents estate tax return.

  2. The form is filed with the qualified heir's social security number.

  3. The return is filed within 6 months after the taxable disposition or cessation of qualified use. A Form 7004 is filed to request an extension.

3.13.2.7.20  (01-01-2009)
Form 706–QDT, U.S. Estates Tax Return for Qualified Domestic Trusts

  1. The return is filed by the trustee or designated filer of a QDT to figure and report estate tax due on certain distributions and taxable events. The return is also filed to report that the spouse has become a U.S. citizen and therefore, the QDT is no longer subject to the additional estate tax.

  2. The Form 706–QDT is filed with the EIN of the trustee/designated filer, or, if the trustee/designated filer is an individual, with his/her SSN.

  3. The form 706–QDT is generally filed on April 15th of the year following any calendar year in which a taxable event occurred during the spouse's lifetime, or a distribution was made to the spouse on account of hardship, or the spouse becomes a U. S. citizen. The return must also be filed within nine months of the death of the spouse, and within nine months after the trust ceases to qualify as a QDT. Extensions may be requested by writing to the Cincinnati Submission Processing Center.

3.13.2.7.21  (01-01-2009)
Form 709, United States Gift (and Generation-Skipping Transfer) Tax Return

  1. This return is filed by taxpayers who are subject to the Federal Gift Tax.

  2. The return is filed by individuals using their social security number and the entity is treated like a BMF SSN. This return is never filed as a joint return.

  3. The return is filed on a calendar year basis by April 15th of the year following the calendar year in which the gift was made. An extension to file can be obtained by letter or Form 7004. An extension of time to file the donor's income tax return also extends the time to file the gift tax return.

    Note:

    No extension transaction (TC 460) will post to the BMF when the donor has an extension of time to file his/her income tax return. IMF will show a posted TC 460.

3.13.2.7.22  (01-01-2010)
Form 7004, Application for Extension of Time to File Certain Business Income Tax, Information, and Other Returns

  1. This form is filed to request a five or six month extension to file.

  2. Returns that can request a five month extension are:

    • Form 1041

    • Form 1065

    • Form 8804

  3. All remaining forms will request a six month extension of time to file.

  4. The form must be filed by the normal due date of the type of return the taxpayer historically files.

  5. Never allow a Form 7004 for MFT 02 (a corporate return) to post for a Limited Liability Company (LLC) when there is not a TC 076 on the Entity module. If Form 1120 filing requirement is present on the account, and there is not a TC 076, input TC 016 to zero out the Form 1120 FRC and add a Form 1065. This will cause Form 7004 to go Unpostable Code (UPC) 329.

  6. If 'LLC' is in the name line and a TC 076 is not present, ensure a 1065 FRC is on Master File. This will cause Form 7004 to go UPC 329.

  7. If Form 7004 contains "INC" in the name line and Master File shows "LLC" , ensure a 1065 FRC is on Master File. This will cause Form 7004 to go UPC 329.

  8. The MFT for this extension is determined by the type of return for which it is filed. See Figure 3.13.2-27.

    Figure 3.13.2-27

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3.13.2.7.22.1  (01-01-2009)
Form 8868, Application for Extension of Time to File an Exempt Organization Return

  1. This form is filed to request a 3 month extension to file.

  2. Returns requesting an extension are:

    • Form 990

    • Form 990-BL

    • Form 990-EZ

    • Form 990-T

    • Form 1041-A

    • Form 4720

    • Form 5227

    • Form 6069

    • Form 8870

  3. The MFT for this extension is determined by the type of return for which it is filed.

3.13.2.7.23  (01-01-2009)
Forms 1042 and 1042-S

  1. Form 1042 is filed by the domestic filer and will already have an EIN. This taxpayer is probably filing other BMF returns and therefore should already have an EIN.

  2. Form 1042S is the recipient's account and will be a foreign resident or a non-resident alien. The taxpayer may have an EIN, SSN or an ITIN.

  3. Whenever Entity Control receives a Form 1042 which does not show an EIN (including a Form 1042 return identifying the Filer by Social Security Number), it will research to see if a number has already been assigned. If none is found, Entity will assign an EIN and notify the filer in accordance with established procedure.

  4. Form 1042 filers may no longer be identified by a social security number. All returns forwarded by Document Perfection, which identify the filer by SSN will be treated as new filers, and an EIN will be assigned as in (1) above. Circle out the SSN, and enter the EIN above it.

  5. Qualified Intermediaries (Foreign Corporations)— Any Form SS-4 received indicating "Qualified Intermediary" or Form 1042 Filer on Line 8a or 9 with the other box checked, establish a 1042 filing requirement. DO NOT establish a 1120F filing requirement.

  6. If the filing requirement is not present, use the information in the table below to establish the filing requirement for Form 1042. Use CC BNCHG to make the change.

    FORM 1042
    Tax Class Doc. Code MFT Code BO Date WP Date FYM FRC
    1 25 12 No No Yes 0 - Not required to be filed
      1 - Return required to be filed
    8 - Account Inactive
    Incompatible Filing Requirements: ......................None

3.13.2.7.24  (01-01-2009)
Forms 1066, U.S. Real Estate Mortgage Investment Conduit (REMIC) Income Tax Return

  1. This return is filed to report the income, deductions, and gains and losses from the operation of a Real Estate Mortgage Investment Conduit (REMIC). In addition, the form is filed by the REMIC to report and pay tax on net income from prohibited transactions.

  2. Any entity that elects to be treated as a REMIC for its first tax year and meets the requirements of IRC Section 860D(a) must file Form 1066.

  3. When researching for an EIN, a new EIN must be assigned if the account found has a Form 1041, 1065, 1120, etc., filing requirement code. A partnership, corporation, trust, etc., cannot file a REMIC return with their partnership, corporation, etc., EIN. A new EIN must be assigned.

  4. If the REMIC name is the same as the corporation, partnership, etc. add the word "REMIC" at the end of the primary name line.

  5. This return is generally filed by April 15th. However, if a final Form 1066 is being filed, the form is due by the 15th day of the 4th month following the date the REMIC ceased to exist. All taxpayers filing this return must have a calendar year tax year. See Figure 3.13.2–28.

    Figure 3.13.2-28

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3.13.2.7.25  (01-01-2009)
Form 3520, Annual Return to Report Transactions With Foreign Trusts and Receipt of Certain Foreign Gifts

  1. Form 3520 will be forwarded to Entity for research. Entity will research for an EIN if a box is checked for a Corporation or Partnership or Trust or Executor.

  2. If the taxpayer is using an SSN instead of an EIN, establish the BMF SSN with a 3520 filing requirement. Establish the account using one of the following File Source Codes:

    • V— valid SSN on BMF

    • W— invalid SSN on BMF

  3. If an EIN cannot be found, use CC ESIGN to assign an EIN. Use the appropriate NIC, Return ID 68, with the tax period on the return.

  4. If an SSN cannot be found, assign an IRSN through the TEMP SSN system.

    Form 3520
    Tax Class Doc. Code MFT Code BO Date WP Date FY FRC
    3 83 68 No No Yes 1 - Return required to be filed
    Incompatible Filing Requirement: .......................None

3.13.2.7.26  (01-01-2009)
Form 3520-A, Annual Information Return of Foreign Trust With a U.S. Owner

  1. Form 3520-A will be forwarded to Entity for research. Entity will research for an EIN.

  2. If an EIN is present, Entity will update the account with 3520A filing requirement.

  3. If an EIN cannot be found, use CC ESIGN to assign an EIN. Use the appropriate NIC, Return ID 42, with the tax period of the return.

    Form 3520-A
    Tax Class Doc. Code MFT Code BO Date WP Date FY FRC
    3 82 42 No No Yes 1 - Return required to be filed
    Incompatible Filing Requirement: ....................... None

3.13.2.7.27  (01-01-2009)
Forms CT–1, Employer's Annual Railroad Retirement and Unemployment Repayment Tax Return

  1. This return is filed by a railroad employer. See Figure 3.13.2–29.

  2. The return is processed only in the Cincinnati Submission Processing Center.

  3. This return is filed annually and is due by February 28th.

  4. All employers filing this return are on a calendar year end.

  5. There is no Form 940 filing requirement for these filers.

  6. See IRM 3.13.30 for more information on Form CT–1 filers.

    Figure 3.13.2-29

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3.13.2.7.28  (01-01-2009)
Form 8752, Required Payment or Refund Under Section 7519

  1. This return is filed by partnerships or sub-chapter S corporations that filed Form 8716, Election To Have a Tax Year Other Than a Required Tax Year, and their election is still in effect for the tax year.

  2. The return must be filed by May 15th of the year following any tax year in which the election is effective. Personal Service Corporations will not file Form 8752.

  3. he taxpayer can send correspondence to request an extension of time to file Form 8752. These requests must go to the Director or District Director for approval. Existing corporations are liable to file the first year if their deferral income is under $500,000. The taxpayer is not required to make a payment, but they must file a zero Form 8752.

  4. When a taxpayer is liable to file a Form 8752, the initial form must be filed for the first tax year that the Form 8716 is effective.

    Example:

    If an existing C corporation was approved to file as an S corporation effective Nov. 1, 2006, and the TC 055 established an FYM of 11, the Form 8752 is required to be filed for November and December of 2006, and the applicable payment will be posted to the tax period ending Dec. 31, 2006.

    Example:

    If a new corporation elects to have a fiscal year end of Sept. 30th, the Form 8752 is filed for the first year the Section 444 is in effect. If the TC 090 is effective Oct. 1, 2006, with FYM 09, and the TC 055 is for FYM 09, the Form 8752 is due for the tax year beginning Oct. 1, 2006, and ending Sept. 30, 2007. The Form 8752 will be applied to the tax year ending Dec. 31, 2007.

3.13.2.7.29  (01-01-2010)
Form 8875, Taxable REIT Subsidiaries (OSPC only)

  1. Forms 8875 must be signed by an officer of the taxable Real Estate Investment Trust (REIT) subsidiary and by an officer of the electing REIT. If either signature is missing, use Form 6800 to return Form 8875 to the taxable REIT subsidiary requesting the missing signature(s). if either are missing.

    • Your Form 8875 does not have the signature of the officer of the taxable REIT subsidiary. Please have the appropriate officer sign the attached Form 8875 and return it to our office.

    • Your Form 8875 does not have the signature of the officer of the electing REIT. Please have the appropriate officer sign the attached Form 8875 and return it to our office.

    • Your Form 8875 does not have the signatures of the officer of the taxable REIT subsidiary or the officer of the electing REIT. Please have the appropriate officers sign the attached Form 8875 and return it to our office.

  2. If Form 8875, Part I or Part II are incomplete, research IDRS for the missing information. If IDRS does not reveal the needed information, return the incomplete Form 8875 to the taxable REIT subsidiary. Below is suggested language for the letter to the taxpayer (Form 6800 may be used for returning Form 8875):

    • The EIN of the taxable REIT subsidiary is missing. Please complete the attached Form 8875 and return it to our office.

    • The EIN of the electing REIT is missing. Please complete the attached Form 8875 and return it to our office.

  3. If a Form 8875 is received with an attachment showing a list of taxable REIT's, correspond with the taxpayer for additional information as follows:

    1. Inform the taxpayer that a separate Form 8875 must be submitted for each Taxable REIT Subsidiary (TRS) and that all portions of Form 8875 must be complete.

    2. Inform the taxpayer that each Form 8875 must be signed by persons authorized to sign the tax returns of the TRS and the electing REIT. The Form 8875 must contain the signatures of an officer of the taxable REIT subsidiary and an officer of the electing REIT.

    3. If Form 8875 is returned unsigned, return the Form 8875 to the taxpayer with a letter of explanation.

  4. On the EIN of the taxable REIT subsidiary, Input a fact of filing (TC 971) on CC ENMOD with CC FRM77 using Action Code 360 with the following components:

    • Transaction Date (today's date)

    • Name Control

    • Effective date (Form 8875, Part III, Line 11. If Line 11 is blank, use the earliest IRS received date.

    • X-REF TIN (EIN of electing REIT in Part II, Line 6 of Form 8875

  5. Disregard words such as 'Protective Election,' Automatic Election,' 'Amended,' 'Revocation,' etc. and process Form 8875 as explained above.

  6. Taxpayer inquiries regarding Form 8875 will be routed to Accounts Management.

  7. If it appears that information/correspondence related to Form 8875 was detached from Form 8875 and routed to Entity, research CC ENMOD with the taxable REIT subsidiary's EIN for TC 971 AC 360. If not present, input per (4) above.

3.13.2.7.30  (01-01-2010)
Miscellaneous Forms

  1. Substitute for Return (SFR) cases (Forms 940 and 941)-State Audit leads worked in the Collection Function require the establishment of an EIN if not present.

    1. Perform all necessary research to determine if an EIN was previously assigned.

    2. If an EIN is found then

    3. Notify the taxpayer of the previously assigned EIN using Letter 147C.

    4. Notate the EIN on the SFR and return it to the Collection Function.

    5. If no EIN is found then

    6. Assign an EIN via CC ESIGN with NIC 'D'. Do not assign any filing requirements.

  2. Schedule H (Form 1040 or Form 1041) Schedule H replaced Form 942. This schedule is filed to report household employee Social Security, Medicare and FUTA tax payments. This schedule may be routed to Entity attached to Form 1040, Form 1041 or may be a loose schedule from Document Perfection or AM/Adjustments. When schedule is received in Entity, the following actions will be taken:

    1. Perform the preliminary research to ensure that the taxpayer does not have an EIN.

    2. If an EIN is located, edit it on the EIN block of Schedule H and return to the originating function.

    3. If no EIN is located, assign an EIN using CC ESIGN, NIC 'A', Return ID 'ZZ.'

  3. Form 1040-NRU. S. Nonresident Alien Income Tax Return, which has other than an individual’s name will be forwarded to Entity from Code & Edit (or Accounting) for assignment of EIN’s with the prefix of 98.

    1. IDRS CC CMODE will be used with the definer PH to access the international Master File at Austin Service Center.

    2. Master File Indicator "‘O’" will be used with Location code "’98’." NIC "D" will be used to stop notices to the taxpayer.

    3. Upon completion of the EIN assignment and audit trail, the document will be returned to the originator (Code & Edit or Accounting).

  4. Form 1120-IC-DISC Interest Charge Domestic International Sales Corporation Return, without EIN's may be forwarded to Entity from Code and Edit. Perform all preliminary research to insure the taxpayer does not have an EIN.

    1. If an EIN is located, write it on the return and forward to the Document Perfection Operation/Code & Edit Department.

    2. If an EIN is not located, assign one using CC ESIGN, MFI "0" .

  5. Form 1725, Routing Slip, is utilized by many customers, specifically Compliance Revenue Agents and Officers, to notify Entity that a FRC change is needed on an EIN that has been examined. These requests will be honored if legible.

  6. Form 2363 Master File Entity Change. This document is used to request an Entity change by IRS personnel that do not have access to IDRS. Entity TE's will ensure the Form 2363 is complete, specifically the "Prepared By" box, then evaluate the request and update the Master File if the request is valid.

    1. Forms 2363 will be submitted by Examination Agents to update Filing Requirement Codes for entities under examination.

    2. Forms 2363 will reflect the taxpayer's name, name control and TIN on the 'FROM' side of Form 2363. The taxpayer's X-REF TIN will be in the 'TO' side of Form 2363. Across the body of Form 2363 (in FIRST NAME LINE and SECOND NAME LINE fields) the words 'ADD X-REF TIN' will be hand written.

    3. The requested information will be added to the TIN indicated.

  7. Form 4442, Inquiry Referral

    If Then
    a. Form 4442, Inquiry Referral is received The work must be completed within 20 days of the date stamped by the fax machine. Work the taxpayer inquiry, Section B according to your IRM procedures. Complete Section C, Response/Final Resolution in blue or black ink according to the work performed. Track and keep an inventory of the work.
    b. A fax number is present Fax the Form 4442 back to the originating office.

    Note:

    If the issue is an EIN consolidation, retain the Form 4442 as part of your consolidation case.

    c. Form 4442 is received by Entity and the inquiry is not an Entity related issue Send the Form 4442 to your campus transshipping coordinator. The coordinator will alert the originating transshipping site of their error. The work must be processed in the receiving site to avoid delay.

  8. Form 4876-A, Election to be Treated as an Interest Charge DISC will be forwarded to Entity from Code and Edit for processing. Process the Form 4876-A by removing the Form 1120 Filing Requirement. Input a TC 016 into CC BNCHG and 00 out the Form 1120 Filing Requirement to keep the taxpayer's account from being delinquent. After processing the 4876-A, send it back to Code and Edit.

  9. Form 8300, Report of Cash Payments Over $10,000 Received in a Trade or Business—These forms will be sent directly to the Detroit Computing Center. No action is to be taken in Entity.

  10. Form 8865, Return of U.S. Persons With Respect to Certain Foreign Partnerships. Do not process Form 8865: route to Accounts Management-Correspondence.

  11. Form 8873, Extraterritorial Income Exclusion. Do not process Form 8873 as a stand alone form. Form 8873 will be attached to a partnership, corporation or some other primary return. If Form 8873 is submitted as a stand alone form, return the form back to the taxpayer, so it can be associated and filed with a primary return.

  12. Form 8875, Taxable REIT Subsidiary Election is forwarded to Code and Edit, if an EIN is present. If Form 8875 is received without an EIN, assign EIN and forward to Code and Edit for processing.

  13. Form 9956, Request for Temporary IRSN (Internal Revenue Service Number). This form is routed to Entity by other areas of the service when an IRSN is needed. See IRM 3.13.5.

3.13.2.8  (01-01-2010)
International Returns and Documents

  1. This section provides instructions for working unprocessable foreign returns. The Estate and Gift program (Forms 706 and 709 series) and Excise (Forms 2290, CT-1, 11–C, 720, and 730) are centralized at the Cincinnati Submission Processing Center. All other foreign returns are processed at Ogden Submission Processing Center.

  2. If it is necessary to assign an EIN to an international taxpayer, the prefix 98 will be used. The prefix 66 will be used for taxpayers residing in Puerto Rico, Guam, Virgin Islands, American Samoa, Northern Mariana Islands and Palau.

3.13.2.8.1  (01-01-2009)
Form 1120-F

  1. Return is filed to report a foreign corporation's income, deductions, credits and tax to the United States.

  2. This return must be filed by any foreign corporation that

    1. Has income from any US source subject to U.S. withholding tax that was not paid to the U.S. government and reported on a U.S. withholding tax return by a U.S. withholding agent;

    2. Is engaged in a trade or business in the U.S.;

    3. Has tax preference items that affect the corporation's computation of its unrelated business income;

    4. Has overpaid income tax that it wants refunded;

    5. Is no longer engaged in a U.S. trade or business, but has deferred income from that US trade or business, or has gain from the disposition of property that ceased to be used in a U. S. trade or business within the last 10 years;

    6. Or concludes that its U.S. activities do not give rise to gross income which is effectively connected with the conduct of a trade of business within the U.S., but wishes to preserve its right to claim deductions and credits attributable to such gross income by filing a protective return. See IRC Treasury Regulation 1.882–4(a)(3)(iv)..

    7. Claims the benefits of an income tax treaty with the U.S.

  3. An agent in the U.S. must file the return if the foreign corporation has no office or place of business in the U.S.

  4. For foreign corporations with no office or place of business in the U.S., this return is due no later than the 15th day of the 6th month after the end of the tax year.

  5. For foreign corporations with an office or place of business in the U.S., this return is due no later than the 15th day of the 3rd month after the end of the tax year.

  6. Foreign corporations with an office or place of business in the U.S. must make FTD payments.

3.13.2.8.2  (01-01-2009)
Form 1120-FSC

  1. This return is filed to report the income, deductions, credits, and tax of a foreign sales corporation (FSC).

  2. This return is filed by corporations that have elected (by filing Form 8279) to be taxed as a FSC or small FSC. Form 8279 is no longer valid. If Form 8279 is filed, stamp on the Form 8279 "DENIED " and return to taxpayer and explain to the taxpayer that this form is no longer a valid form.

  3. Form 1120-FSC, U.S. Income Tax Return of a Foreign Sales Corporation, for which no EIN is located will be researched and processed as follows:

    1. If And Then
      a. The EIN is not on the BMF,   Research to ensure the EIN is for that taxpayer, and establish on the BMF via CC BNCHG with a TC 060.
      b. The EIN is on the BMF, IDRS does not have a TC 060 posted. 1. Input a TC 060.
      2. Transcribe the EIN from the letter to the Form 1120-FSC and route the Form 1120-FSC for processing.
      3. If applicable, annotate the Form 1120-FSC "Form 8279 received, approved and input"

  4. If a taxpayer terminate their existing FSC election, input TC 065 - Notification of Revocation received.

  5. If an existing FSC is terminated, input TC 061 - Revocation of a FSC or Small FSC election.

3.13.2.8.3  (01-01-2009)
Passive Foreign Investment Company (PFIC)

  1. A PFIC can elect to defer their tax on undistributed earnings and capital gains.

  2. Assign an EIN to a PFIC that has made an election to be a Electing Fund (QEF). This will be stated in the taxpayer's letter.

  3. Establish the account with MFI "O" as no return will be filed.

  4. Use N/A with RI 00 when establishing this type of account.

3.13.2.8.4  (01-01-2009)
U.S. Real Property Holding Corporation under Foreign Investment Real Property Tax Act (FIRPTA) for Corporation Filing Election Under IRC Section 897(i)

  1. Remittances may be received when an electing foreign corporation requests to be treated as a domestic corporation for the purpose of FIRPTA as prescribed by IRC Section 1.897–3(c) of the regs.

  2. These remittances may be routed to Entity for the assignment of an EIN.

  3. EIN's will be assigned to these entities on the BMF, MFI "O" .

  4. Use NID when assigning the EIN to this type of entity.

3.13.2.8.5  (01-01-2009)
Captive Insurance Elections

  1. Section 953(c)(3)(C) elections by foreign corporations may be routed to entity for assignment of an EIN.

  2. All information needed to establish the entity will be on the first page of the election.

  3. Establish the account with either a Form 1120–PC or 1120L filing requirement. This will be indicated on the election.

  4. Use NIA when assigning the EIN to this type of entity.

3.13.2.8.6  (01-01-2009)
Form 8804—Annual Return for Partnership Withholding Tax (Section 1446)

  1. This return is filed to report the total liability under Section 1446 for the partnership tax year.

  2. This return is also a transmittal form for Form 8805.

  3. Refer to Form 8805 for processing procedures.

3.13.2.8.7  (01-01-2009)
Form 8805—Foreign Partner's Information Statement of Section 1446 Withholding Tax

  1. This form is filed to show the amount of effectively connected taxable income and tax payments allocated to the foreign partner for the partnership's tax year.

  2. A separate Form 8805 must be filed for each foreign partner. Process as follows:

    If Then
    a. The partner is a foreign corporation, Establish on the BMF with a Form 1120–FRC of 06.
    b. The partner is a foreign partnership, Establish on the BMF with a Form 1065 FRC of 1.
    c. The partner is a foreign trust or estate, Establish on the BMF with a Form 1041 FRC of 1.

3.13.2.8.8  (01-01-2009)
Form 8813-Partnership Withholding Tax Payment (IRC Section 1446)

  1. This form is filed to make payment to the Internal Revenue Service of withholding tax under IRC Section 1446.

  2. Establish on the BMF with MFI "O" .

3.13.2.9  (07-30-2009)
Correspondence Received

  1. Timeliness guidelines for acknowledging and working taxpayer correspondence are outlined in IRM 3.30.123, Processing Timeliness Cycles, Criteria and Critical Dates. Correspondence can be defined as follows:

    1. All written communications from a taxpayer whether solicited or unsolicited.

    2. Written communication in response to IRS requests for information or data.

    3. Written communication which requests information, including that which may accompany tax returns.

    4. Written communication, including annotated notice responses, that provide additional information or dispute a notice.

    5. A statement that explains if the taxpayer needs to contact the Service, they should return a copy of the letter with their telephone number and the best time to call.

    6. Correspondence pertaining to assignments of EIN's, name changes, address changes (that involve other entity changes), differences in filing requirements, terminations, mergers and supplemental listings under a group ruling will be forwarded to Entity Control Team for necessary action.

    7. Correspondence received from the taxpayer or other area of the campus where the action requested has already been taken will be processed as follows:

  2. When a taxpayer replies to an IRS notice or letter and requests an Entity change, it is not necessary that the taxpayer sign the request.

  3. If a mis-routed taxpayer reply to IRS correspondence is discovered in a batch of work, and/or contains a non-Entity issue, do not work the reply. Route the reply or issue to the appropriate functional area. If correspondence, route based on the IDRS number located in the 'In reply refer to:' area of the IRS generated letter. However, if there is an Entity issue, it will be addressed and an interim letter sent.

  4. Correspondence received from taxpayers requesting an action must be answered and the following statement or similar reference must also be included in the reply: "This is in reply to your correspondence of (date)" and explain the action taken, even if the action was exactly what the taxpayer requested.

    Note:

    If the taxpayer's correspondence is not dated, use the postmark date. If that date is unknown, use the date three days prior to the earliest IRS received date.

  5. Correspondence, whether sent directly to the taxpayer or to the taxpayer's personal representative, must contain the required information: the nature of the taxpayer's inquiry and our actions taken.

  6. When corresponding with the taxpayer, use the appropriate letter that accurately addresses the taxpayer's situation and always use the selective paragraphs that are available in the correspondex letters before using open paragraphs. For example, do not use a 385C to inform the taxpayer of their valid EIN or denied/rejected election. Do not use a 147C on any election issues.

  7. Generally, when using CC LETER you will use the address on the return/document you are working. However, certain documents may reflect an address that is not to be considered current. Caution should be exercised to ensure the correct and most current address is used when writing the taxpayer to prevent unauthorized disclosure of taxpayer information. See IRM 11.3.1 .

    • Compare the signature date to the Last Update Cycle on CC ENMOD.

    • Research the date of the last TC 014 posted to Master File.

  8. If correspondence is received from an unauthorized representative (no POA attached or on IDRS), our letter must begin with the following opening paragraph "This is in response to the inquiry of (date), from (representative). We have no record that you authorized (representative) to act for you in this matter. Please notify (representative) that we have replied directly to you."

  9. Correspondence indicating name and address changes to entities will only be acknowledged if there is a direct demand from the taxpayer for confirmation. This direction applies to Internet EIN's also.

    Note:

    If the words Federal Deposit Insurance Corporation (FDIC) is on any of the name lines, do not change the name or address on Master File.

  10. If the correspondence cannot be resolved within thirty days, an interim letter (2645C) will be sent explaining the reason and when final action can be expected. The interim reply will include the appropriate toll free number.

  11. If correspondence is received concerning a name change to an entity, verify that it is not a change in type of entity. If it is a change in the type of entity, you will determine if they need to file a final return and apply for a new EIN. Also, If the request for name change is from a third party and the taxpayer is CC'd or has signed the letter, make the name change. Send FTD's if applicable. If the request for name change is from a third party and the taxpayer is NOT CC'd or has NOT signed the letter, call the taxpayer or research the Secretary of State's office(s) (via phone or Internet) for name change verification.

    Note:

    Signatures will be accepted according to the terms of Prima Facia Evidence which means if the signature is below a perjury statement, the validity of the signature will not be questioned.

  12. A CP 576 is issued when an EIN is assigned from a return. CP 576 requests a Form SS-4 from the taxpayer. When the SS-4 is received, input additional data from the SS-4 to IDRS, use CC ESIGN modifier "U" to update the NIC. Dispose of the Form SS-4 per IRM 21.7.13, Assigning Employer Identification Numbers.

  13. If correspondence is received concerning a trust filing under Section 645, refer to IRM 3.13.2.29.

  14. When you correspond, examine the case completely so that all of the conditions can be included in the same correspondence. If additional information is needed, the second correspondence must include a paragraph of apology for any inconvenience.

  15. If the taxpayer's inquiry is able to be resolved over the phone and the taxpayer does not want a written response, annotate the facts of the phone conversation on the taxpayer's correspondence. Add the following history item to IDRS with CC ACTON: CALL2TP
    RE: ENTITY

3.13.2.9.1  (03-02-2009)
Request for EIN's

  1. Follow the procedures below, when the correspondence reveals that the taxpayer should file a return and the correspondence is received 30 days or more prior to the due date of that return:

    If And Then
    a. The correspondence reveals that the taxpayer should file a return, The correspondence is received within 30 days of the due date of the return. Perform all necessary research to determine if an EIN was previously assigned.
    b. No EIN is located,   Assign an EIN. Use the CC ESIGN procedures located in IRM 21.7.13, Assigning Employer Identification Numbers.
    c. The EIN is changed from the one the taxpayer entered,   Issue Letter 147C as a non suspense letter to the address on the return.
    d.. Sufficient information is not available to assign an EIN with the proper filing requirements, fiscal year month, etc.,   Acknowledge the taxpayer's correspondence with Letter 45C and forward a Form SS–4 for completion.

  2. If the taxpayer states 'CCR PLEASE EXPEDITE' or 'GOVERNMENT CONTRACTOR' on their correspondence or envelope, this work must be given expeditious treatment

  3. An EIN is only assigned from correspondence when the required return due date is within 30 days or the correspondence accompanies a payment.

  4. Follow the procedures below if correspondence is received from a representative of a pension trust (or multiple pension trusts) requesting assignment of an EIN in order to comply with the withholding requirement of the Tax Equity and Fiscal Responsibility Act (TEFRA):

    If And Then
    a. The correspondence is not clear as to the taxpayer's intent, The representative is acting as payer for multiple plans, Correspond to inform the representative that the withholding may be reported on their Form 945 filed under their previously assigned EIN unless they want an individual EIN assigned specifically for use in reporting withholding for multiple pension trusts under their control.
    b. Individual EIN's are requested,   Inform taxpayer that individual Forms SS–4 must be submitted for each pension trust.
    c. An EIN is requested solely for use in reporting for TEFRA, An EIN is not located with all available research, Refer the taxpayer to the AM/EIN function (1-800-829-4933) or Mod IEIN (internet EIN application).
    e. The taxpayer has changed their EIN, The EIN is on the BMF, 1. Issue Letter 147C as a non suspense letter to the address on the return.
    2. Do not issue Letter 147C if the taxpayer transposes 3 or less characters of the EIN or the taxpayer fails to include the EIN.
    3. Send FTD coupons, if applicable.
    f. Employees are indicated,   1. Update the account to reflect a Form 945 FRC of 01.
    2. Send FTD coupons, if applicable.
    3. Forward to the taxpayer those tax forms required for current filing, when necessary.
    g. An EIN is located on another MF,   1. Notify the taxpayer of the previously assigned (Letter 147C).
    2. Establish the account on the BMF with a Form 945 FRC of 01.
    3. Send FTD coupons, if applicable.

3.13.2.9.2  (01-01-2009)
SS-4 Request Not Processed

  1. Process as follows.

    If And Then
    a. Previously assigned EIN is located on IDRS, Your research does not match the address on the correspondence. 1. Update IDRS.
    2. Send FTD's, if applicable.
    b. The EIN is changed from the one the taxpayer entered,   1. Issue 147C as a non suspense letter to the address on the return.
    2. Do not send 147C if the taxpayer transposes 3 or less characters of the EIN or the taxpayer fails to include the EIN.
    c. No previously assigned EIN was located,   Send Letter 45C to the taxpayer.

    Note:

    If a CP 575/576 or 147C letter was sent within the last 30 days, do not send another 147C letter.


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