Uncertain Tax Positions - Schedule UTP


Uncertain Tax Position Reporting

Since Tax Year 2010, Schedule UTP has been used by certain corporations to report uncertain tax positions. Corporations filing Forms 1120, 1120-F, 1120-L, or 1120-PC must file Schedule UTP if total assets equal or exceed $10 million for the tax year and the corporation recorded a liability for unrecognized tax benefits for a tax position in audited financial statements.

For tax years 2022 and later, five new columns have been added to the Uncertain Tax Position Statement, including:

  1. Rev. Rul., Rev. Proc., etc.,
  2. Regulation Section and Regulation Subsection,
  3. Form or Schedule,
  4. Line No., and
  5. Amount.

The first two new columns are used when Schedule UTP is filed instead of Form 8275, Disclosure Statement and Form 8275-R, Regulation Disclosure Statement. The last three columns are used to identify the location on the tax return where the uncertain tax position is reported.

Refer to the Schedule UTP InstructionsPDF for additional filing requirement information, definitions and special rules, and guidelines for completing Schedule UTP. The tax year 2022 instructions have been revised to include directions for completing the five new Schedule UTP columns, to provide enhanced guidance for preparing concise description disclosures, and to update the examples with frequently reported tax positions.

Submit your questions, comments, or concerns regarding Schedule UTP to the IRS. Although individual responses may not be provided, the IRS will consider submissions in efforts to improve Schedule UTP.

Information about UTP Education and Outreach Efforts

LB&I continues its education and outreach effort regarding Schedule UTP. Taxpayers' Schedule UTP concise descriptions are reviewed for compliance with the published guidance. When disclosures do not meet the requirements set forth in the Schedule UTP instructions, Letter 5191 is mailed to the taxpayer. If the taxpayer has a valid Power of Attorney on file with the IRS, the Power of Attorney also receives a copy of this letter.

While the letter requires no action by taxpayers regarding the referenced Schedule UTP, taxpayers are advised to ensure that concise descriptions follow the instructions on future filings of a Schedule UTP. All returns filed with a Schedule UTP will continue to be subject to review by LB&I.

Letter 5191 refers taxpayers to this website if they have questions about the filing requirements for Schedule UTP. The letter directs taxpayers to the Schedule UTP Instructions and updated examples of UTP concise descriptions that meet the requirements (see Guidance for Preparing UTP Concise Descriptions).

Related Documents

IRS Pronouncements

Date Document Document Description or Originator
09-24-10 Announcement 2010-76, Policy of Restraint and Uncertain Tax Positions Impact of the Policy of Restraint on Uncertain Tax Positions. 
09-24-10 Announcement 2010-75, Reporting of Uncertain Tax Positions Reporting of Uncertain Tax Positions.
04-19-10 Announcement 2010-30 Schedule UTP draft form and instructions.
03-05-10 Announcement 2010-17 Extension for comment request for Uncertain Tax Position reporting requirements.
01-26-10 Announcement 2010-9 Comment request for Uncertain Tax Position reporting requirements.

IRS and LB&I Guidance Memorandums

Date Document Document Description or Originator
05-31-13 Guidance for Preparing UTP Concise Descriptions Specific guidance
11-01-11 LB&I Schedule UTP Guidance Specific guidance
09-24-10 Directive for LB&I: Reporting of Uncertain Tax Positions PDF Deputy Commissioner, Services and Enforcement

Public Statements and Comments by IRS Executives

Date Document Document Description or Originator
03-26-12 IRS Deputy Commissioner, Service and Enforcement Remarks before Tax Executives Institute  Remarks of Steven T. Miller, Deputy Commissioner, Service and Enforcement Internal Revenue Service Before the Tax Executives Institute, Mid-Year Conference
09-24-10 IRS Commissioner Shulman Remarks before the American Bar Association  
04-12-10 Remarks of IRS Commissioner Shulman at the Tax Executives Institute Mid-Year Meeting  
01-26-10 IR-2010-13 Remarks of IRS Commissioner Doug Shulman to the New York State Bar Association Taxation Section Annual Meeting