What is Form 8275 and do I need to file it?

Form 8275 is used by taxpayers and income tax return preparers to disclose items or positions, except those taken contrary to a regulation, that are not otherwise adequately disclosed on a tax return to avoid certain penalties. The form is filed to avoid the portions of the accuracy-related penalty due to disregard of rules or a substantial understatement of income tax if the return position has a reasonable basis. It can also be used for disclosures relating to preparer penalties for understatements due to unrealistic positions or disregard of rules.

Caution: The portion of the accuracy-related penalty attributable to the following types of misconduct cannot be avoided by disclosure on Form 8275:

- Negligence
- Substantial understatement of tax on a tax shelter item.
- Substantial valuation misstatement under chapter 1.
- Substantial overstatement of pension liabilities.
- Substantial estate or gift tax valuation understatements.

Who Should File
Form 8275 is filed by individuals, corporations, pass-through entities, and income tax return preparers. If you are disclosing a position taken contrary to a regulation, use Form 8275-R, Regulation Disclosure Statement, instead of Form 8275.

For items attributable to a pass-through entity, disclosure should be made on the tax return of the entity. If the entity does not make the disclosure, the partner (or shareholder, etc.) may make adequate disclosure of these items.

Exception to filing Form 8275
Guidance is published annually in a revenue procedure in the Internal Revenue Bulletin that identifies circumstances when an item reported on a return is considered adequate disclosure for purposes of the substantial understatement aspect of the accuracy-related penalty and for avoiding the preparer's penalty relating to understatements due to unrealistic positions. See the example. You do not have to file Form 8275 for items that meet the requirements listed in this revenue procedure.

Example: Generally, you will have met the requirements for adequate disclosure of a charitable contribution deduction if you complete the contributions section of Schedule A (Form 1040), supply all required information, and attach all related forms required pursuant to statute or regulation.

For more information, see Form 8275 Instructions.