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Section 6043(a) Form: What You Should Know

IRS-4434 and Temporary Regulations Implementing IRC Section 6043(a) (Liquidating, Etc., Transactions). The revised Form 990 is the one that takes effect with the  final regulations, and the IRS has published two interim final rules under IRC Section 6043(g)(1) (liquidating, etc., Transactions) that require some corporations to submit additional information to the IRS for the purpose of determining the taxable status of a transaction in connection with a merger or acquisition. These rules are effective for taxable years ending after January 1, 2019. (b) Disclosure of transactions relating to a taxable merger or acquisition. (1) Final regulations. Under section 4940(j)(2) (transactions by a corporation other than an S corporation), the requirements of Section 6043(a)(2)(B) (liquidating, etc., Transaction) are to be applied. Section 4940(j) also provides that a partnership and its partners are to make a separate election under that section. Under IRC Section 6043(g)(5)(B) (transactions, (1), in connection with a merger or acquisition of a corporation, by and through the corporation or by or through its partners), the requirements of section 6043(a)(2)(B) are to be applied, except that a separate election by the partners that would defer the payment of the tax is not required. (2) Emergency regulation. The IRS may issue a temporary regulation authorizing a corporation not otherwise required to file a Form 990 to apply Section 4940(j)(2) with respect to the completion of an acquisition of property by a foreign person if there is a significant change in the nature or amount of the property (e.g., a significant shift in ownership of the interest of the corporation, in. which case the regulations would authorize the sale or other disposition of the property to satisfy the tax liability if the acquisition of the property by the foreign person is completed before the end of a period of five years after the date on which the corporation first Would have become subject to the tax if it had disposed of the property). Procedures in the event of a change of corporate Status. See also Rev. Pro. 2018-24, or, if the transferor is a foreign person or foreign partnership, section 6043. Sec. 6043. Liquidating, Etc.

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Video instructions and help with filling out and completing Section 6043(a)

Instructions and Help about Section 6043(a)

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