Relief for Gain Recognition Agreements


You may submit an amended return to request late-filing relief or penalty relief related to your failure to file a gain recognition agreement or required related documents. 

Who Qualifies

You may qualify for relief if you failed to submit any of these documents related to a gain recognition agreement when you filed your initial return:

To qualify for late-filing relief

You must show that your failure to comply wasn’t willful (it didn’t come from your gross negligence, reckless disregard or willful neglect).  

To qualify for penalty relief

You must show that your failure to comply was due to reasonable cause and not willful neglect.

For details, see Treas. Reg. 1.367(a)-8(p) and 1.6038B-1(f)(3)

How to Request Relief

To request relief: 

1.    Complete an amended return for each tax year that you’re requesting relief and include:

  • Information missing when you filed your original return.
  • Separate explanations for reasonable cause and not willful exceptions.

In connection with your relief request, you may be required to extend the gain’s tax assessment period. You may do so by submitting Form 8838.

2. File the amended return as you filed the original return:

  • If you mailed the original return, send the amended return to the IRS Service Center where you originally filed.
  • If you e-filed the original return, you must e-file the amended return. If you can't e-file because we don't accept the tax year for your return, mail the amended return. The mailing addresses for amended returns are in instructions for Form 1040X and Form 1120. Don't include the original tax return.

3.    Send a copy of the amended return based on your situation:

  • If you're not under examination, eFax a copy of the amended return to the Director of Field Operations, Large Business & International at 855-582-4842.
  • If you're under examination for any tax year, give a copy of the amended return to the IRS employee doing the audit.

For details, see Treasury Regulations 1.367(a)-8(p) and 1.6038B-1(f)(3)