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Department of the Treasury-Internal Revenue Service In reply refer to:Form 872(Rev. January 2014) Consent to Extend the Time to Assess Tax TIN (Name(s))taxpayer(s) of (Address)and the Commissioner of Internal Revenue consent and agree to the following:(1) The amount of any Federal income tax due on any return(s) made by or (Kind of tax)for the above taxpayer(s) for the period(s) endedmay be assessed at any time on or before December 31, 20__ . If a provision (Expiration date)of the Internal Revenue Code suspends the running of the period of limitations to assess such tax, then, when, under the InternalRevenue Code, the running of the period resumes, the extended period to assess will include the number of days remaining in theextended period immediately before the suspension began
(2) The taxpayer(s) may file a claim for credit or refund and the Service may credit or refund the tax within 6 months after thisagreement ends, except with respect to the items in paragraph (4)
(3) Paragraph (4) applies only to any taxpayer who holds an interest, either directly or indirectly, in any partnership subject tosubchapter C of chapter 63 of the Internal Revenue Code
(4) Without otherwise limiting the applicability of this agreement, this agreement also extends the period of limitations for assessing anytax (including penalties, additions to tax and interest) attributable to any partnership items (see section 6231 (a)(3)), affected items (seesection 6231(a)(5)), computational adjustments (see section 6231(a)(6)), and partnership items converted to nonpartnership items (seesection 6231(b)). Additionally, this agreement extends the period of limitations for assessing any tax (including penalties, additions totax, and interest) relating to any amounts carried over from the taxable year specified in paragraph (1) to any other taxable year(s). Thisagreement extends the period for filing a petition for adjustment under section 6228(b) but only if a timely request for administrativeadjustment is filed under section 6227. For partnership items which have converted to nonpartnership items, this agreement extendsthe period for filing a suit for refund or credit under section 6532, but only if a timely claim for refund is filed for such items
(5) This Form contains the entire terms of the Consent to Extend the Time to Assess Tax. There are no representations, promises, oragreements between the parties except those found or referenced on this Form
With respect to the returns for the period(s) listed in paragraph (1) above, if the three-year period for assessing tax, underInternal Revenue Code section 6501(a), ended prior to the date of this consent, then this consent serves to extend thetime to assess tax under any other provision of section 6501 for which the period of time to assess tax has not ended asof the date of this consent
This consent does not serve to shorten the statutory period of time to assess tax for any return
Your Rights as a TaxpayerYou have the right to refuse to extend the period of limitations or limit this extension to a mutually agreed-upon issue(s) or mutuallyagreed-upon period of time. Publication 1035, Extending the Tax Assessment Period, provides a more detailed explanation of yourrights and the consequences of the choices you may make. If you have not already received a Publication 1035, the publication can beobtained, free of charge, from the IRS official who requested that you sign this consent or from the IRS' web site at www.irs.gov or bycalling toll free at 1-800-TAX-FORM (1-800-829-3676). Signing this consent will not deprive you of any appeal rights to which you wouldotherwise be entitled
(Space for signature is on the back of this form and signature instructions are attached)Catalog Number 20755I www.irs.gov Form 872 (Rev. 1-2014) TIN Period Ending Expiration Date December 31, 20__ SIGNING THIS CONSENT WILL NOT DEPRIVE THE TAXPAYER(S) OF ANY APPEAL RIGHTS TO WHICH THEY WOULD OTHERWISE BE ENTITLED
YOUR SIGNATURE HERE —► (Date signed) (Type or Print Name)I am aware that I have the right to refuse to sign this consent or to limit the extension to mutually agreed-upon issues and/or period of time as set forth inI.R.C. § 6501(c)(4)(B)
SPOUSE'S SIGNATURE —► (Date signed) (Type or Print Name)I am aware that I have the right to refuse to sign this consent or to limit the extension to mutually agreed-upon issues and/or period of time as set forth inI.R.C. § 6501(c)(4)(B)
TAXPAYER'S REPRESENTATIVE SIGN HERE —► (Date signed) (Only needed if signing on behalf of the taxpayer.) (Type or Print Name)I am aware that I have the right to refuse to sign this consent or to limit the extension to mutually agreed-upon issues and/or period of time as set forth inI.R.C. § 6501(c)(4)(B). In addition, the taxpayer(s) has been made aware of these rights
If this document is signed by a taxpayer's representative, the Form 2848, Power of Attorney and Declaration of Representative, or other power ofattorney document must state that the acts authorized by the power of attorney include representation for the purposes of Subchapter C of Chapter 63 ofthe Internal Revenue Code in order to cover items in paragraph (4)
CORPORATENAME —► —► (Title) (Date signed) (Type or Print Name)CORPORATEOFFICER(S)SIGN HERE —► (Title) (Date signed) (Type or Print Name)I (we) am aware that I (we) have the right to refuse to sign this consent or to limit the extension to mutually agreed-upon issues and/or period of time asset forth in I.R.C. § 6501 (c)(4)(B)
INTERNAL REVENUE SERVICE SIGNATURE AND TITLE (IRS Official's Name - see instructions) (IRS Official's Title - see instructions) (IRS Official's Signature - see instructions) (Date signed)Catalog Number 20755I www.irs.gov Form 872 (Rev. 1-2014) InstructionsIf this consent is for:• Income tax, self-employment tax, or FICA tax on tips and is made for any year(s) for which a joint return was filed, both husband and wife must sign the original and copy of this form unless one, acting under a power of attorney, signs as agent for the other. The signatures must match the names as they appear on the front of this form
• Gift tax and the donor and the donor's spouse elected to have gifts to third persons considered as made one-half by each, both husband and wife must sign the original and copy of this form unless one, acting under a power of attorney, signs as agent for the other. The signatures must match the names as they appear on the front of this form
• Chapter 41, 42, or 43 taxes involving a partnership or is for a partnership return, only one authorized partner need sign
• Chapter 42 taxes, a separate Form 872 should be completed for each potential disqualified person, entity, or foundation manager that may be involved in a taxable transaction during the related tax year. See Revenue Ruling 75-391, 1975-2C.B 446
If you are an attorney or agent of the taxpayer(s), you may sign the consent provided the action is specifically authorized by a power ofattorney. If the power of attorney was not previously filed, you must include it with this form
If you are acting as a fiduciary (such as executor, administrator, trustee, etc.) and you sign this consent, attach Form 56, NoticeConcerning Fiduciary Relationship, unless it was previously filed
If the taxpayer is a corporation, sign this consent with the corporate name followed by the signature and title of the officer(s) authorizedto sign
Instructions for Internal Revenue Service EmployeesComplete the delegated IRS official's name and title of the employee who is signing the form on behalf of the IRS
An IRS official delegated authority under Delegation Order 25-2 must sign and date the consent. (IRM 1.2.52.3)Catalog Number 20755I www.irs.gov Form 872 (Rev. 1-2014)
Catalog Number 20755I. www.irs.gov Form . 872 (Rev. 1-2014) Form . 872 except with respect to the items in paragraph (4). (3) Paragraph (4) applies only to any taxpayer who holds an interest, rights and the consequences of the choices you may make. If you have not already received a Publication 1035, the publication can be obtained
One of the rules of the Standard OVDP is that you have to consent to extend the time to assess tax using Form 872 . If you don't consent, you can't participate in the program.
What should you do about a Form 872 consent to extend the time to assess tax in an Audit Situation? Generally, and with a whole boat load of exceptions, the three-year rule to assess an additional tax beings to run the date you filed a return. Or it was the date it was originally due, in case you filed early. Yes, this rule too favors the IRS.
Typically, the Service considers 120 days as the time frame needed to process an agreed case. Form 872, Consent to Extend the Time to Assess Tax, is the document usually signed to extend the statute of limitation.
Years governed by 26 CFR 1.1502-77A, Examples The examples immediately below refer to Form 872 but any suitable consent form can be used as well, such as Form 872–A, Special Consent to Extend the Time to Assess Tax. Agent of the Group.