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This document addresses the late filing of Form 8716 submitted by a taxpayer and the related considerations for granting a timely filing status under section 301.9100-3 of the Procedure and Administration
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How to fill out form 8716

How to fill out Form 8716
01
Obtain a copy of Form 8716 from the IRS website or other resources.
02
Read the instructions carefully before starting to fill out the form.
03
Provide the name and address of the partnership, trust, or estate at the top of the form.
04
Enter the employer identification number (EIN) of the entity.
05
Indicate the tax year for which the election is being made.
06
Complete the sections that apply to your specific entity, such as the election type or other relevant information.
07
Sign and date the form where indicated.
08
Mail the completed form to the appropriate IRS address as specified in the instructions.
Who needs Form 8716?
01
Any partnership, trust, or estate that is electing to be treated as a certain type of entity for tax purposes may need to file Form 8716.
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What is Form 8716?
Form 8716 is a tax form used to make an election to be treated as an electing small business trust (ESBT) for federal tax purposes.
Who is required to file Form 8716?
Certain trusts, specifically those that want to elect to be treated as electing small business trusts under Internal Revenue Code Section 1361, are required to file Form 8716.
How to fill out Form 8716?
To fill out Form 8716, the trust must provide information such as the name, address, and taxpayer identification number of the trust, as well as the name of the trustee. Additional information on the election, including the date of the election and the type of income generated, must also be included.
What is the purpose of Form 8716?
The purpose of Form 8716 is to formally elect for a trust to be treated as an electing small business trust, allowing it to qualify for certain tax treatment under federal law.
What information must be reported on Form 8716?
Form 8716 must report the trust's identifying information, the election being made, the date the election is intended to take effect, and signature verification from the trustee.
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