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:

• New or existing gain recognition agreement
• Form 8838, Consent To Extend the Time To Assess Tax Under Section 367-Gain Recognition Agreement
• Form 926, Return by a U.S. Transferor of Property to a Foreign Corporation
• Annual certification(s)
• Documents for outbound transfers of domestic stock, securities or certain indirect stock transfers
• Other reporting requirements in Internal Revenue Code Section 6038B

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.

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).