Instructions for Form 8621-A

(Rev. December 2018)

(Use with the December 2013 revision of Form 8621-A.)

Return by a Shareholder Making Certain Late Elections To End Treatment as a 

Passive Foreign Investment Company

Department of the Treasury

Internal Revenue Service

Section references are to the Internal Revenue Code 

unless otherwise noted.

Future Developments

For the latest information about 

developments related to Form 8621-A and 

its instructions, such as legislation enacted 

after they were published, go to IRS.gov/

Form8621A.

General Instructions

Purpose of Form

A U.S. person that is a direct or indirect 

shareholder of a former Passive Foreign 

Investment Company (PFIC) or a Section 

1297(e) PFIC is treated for tax purposes as 

holding stock in a PFIC and therefore 

continues to be subject to taxation under 

section 1291 unless the shareholder makes 

a purging election under section 1298(b)(1).

A purging election under section 1298(b)

(1) is:

• A deemed dividend election or a deemed 

sale election made with respect to a former 

PFIC under the rules of Regulations sections 

1.1298-3(b) or 1.1298-3(c), or

• A deemed dividend election or a deemed 

sale election made with respect to a Section 

1297(e) PFIC under the rules of Regulations 

sections 1.1297-3(b) or 1.1297-3(c).

A timely filed purging election is made on 

Form 8621.

Form 8621-A is used only to make a late 

purging election under section 1298(b)(1). A 

late purging election is a purging election 

under section 1298(b)(1) that is made:

• In the case of a shareholder of a former 

PFIC, after 3 years from the due date, as 

extended, of the tax return for the tax year 

that includes the termination date, or

• In the case of a shareholder of a section 

1297(e) PFIC, after 3 years from the due 

date, as extended, of the tax return for the 

tax year that includes the CFC qualification 

date.

See Regulations sections 1.1298-3(e) or 

1.1297-3(e) for more details.

Generally, the amount due with respect to 

a late purging election is computed in the 

same manner as if the purging election had 

been timely filed. However, the taxpayer 

must also pay interest on the amount due 

determined for the period beginning on the 

due date (without extensions) for the 

taxpayer's income tax return for the election 

year and ending on the date the late purging 

election is filed with the IRS. See the 

instructions for Part I, later, for details.

How To Complete Form 

8621-A

The shareholder makes the applicable 

election in Part I of the form. The shareholder 

then provides basic information about the 

election in Part II or Part III of the form and 

computes the tax and interest due in Part IV 

of the form.

If the election year (defined below) is a 

closed tax year, the taxpayer must enter into 

a closing agreement (page 3 of the form) to 

agree to eliminate any prejudice to the 

interests of the U.S. government as a 

consequence of the taxpayer's inability to file 

an amended return for the election year.

The closing agreement must be filed 

in duplicate and both copies must 

contain original signatures. See 

Closing Agreement, later, for additional 

information.

A separate Form 8621-A must be filed 

for each PFIC for which a late purging 

election is being made. See Chain of 

ownership below for specific filing 

requirements.

Chain of ownership. If the shareholder 

owns one PFIC and through that PFIC owns 

one or more other PFICs, the shareholder 

must file a separate Form 8621-A for each 

Section 1297(e) PFIC or former PFIC in the 

chain for which a late purging election is 

made. The shareholder files these Forms 

8621-A together.

Where To File

File Form 8621-A with:

Internal Revenue Service

Deposit Team, M/S 6059

Attn: Specials Desk

Ogden, UT 84201

Filing Checksheet

Be sure to:

• Check the applicable box in Part I of the 

form that corresponds to the election you are 

making.

• Complete the applicable lines in Part II or 

III of the form (along with any required 

attachments requested on any of those lines) 

as requested at the end of the election 

description in Part I of the form.

CAUTION

!

• Complete Part IV of the form along with 

any required attachments requested on any 

of the lines in Part IV.

• Sign and date the form in the spaces 

provided at the bottom of page 2 of the form.

• If the election year is a closed tax year, file 

the closing agreement on page 3 of the form 

in duplicate. Both copies must contain 

original signatures. See Closing 

Agreement, later, for details.

• Complete the balance sheet on page 4 of 

the form, if applicable (that is, if required by 

line 4 or line 8 of the form).

• Keep a copy of the form for your records.

• Make your check or money order payable 

to “United States Treasury.” Include your 

identifying number and “Form 8621-A” on 

your payment.

If Form 8621-A doesn't include full 

payment of the amount shown on 

line 21 of the form, the form won’t be 

processed.

Definitions

Controlled Foreign Corporation 

(CFC)

See section 957(a) for definition.

CFC Overlap Rules

A 10% U.S. shareholder (defined in section 

951(b)) of a CFC that is also a PFIC that 

includes in income its pro rata share of 

subpart F income of the CFC generally won’t 

be subject to the PFIC provisions for the 

same stock during the qualified portion of the 

shareholder's holding period of the stock in 

the PFIC. This exception doesn’t apply to 

option holders. For more information, see 

section 1297(d).

Qualified portion of holding period. For 

purposes of section 1297(d), the qualified 

portion of the shareholder's holding period in 

a corporation is the portion of the 

shareholder's holding period:

• That is after December 31, 1997, and

• During which the shareholder is a U.S. 

shareholder under section 951(b) and the 

corporation is a CFC.

CFC qualification date. The CFC 

qualification date is the first day on which the 

qualified portion of the shareholder's holding 

period in the Section 1297(e) PFIC begins, 

as determined under section 1297(d).

Section 1297(e) PFIC. A foreign 

corporation is a Section 1297(e) PFIC with 

respect to a shareholder if:

CAUTION

!

Nov 26, 2018 Cat. No. 39731G
1. The foreign corporation qualifies as a 

PFIC under section 1297(a) on the first day 

on which the qualified portion of the 

shareholder's holding period in the foreign 

corporation begins, as determined under 

section 1297(d) (CFC overlap rule), and

2. The stock of the foreign corporation 

held by the shareholder is treated as stock of 

a PFIC, under section 1298(b)(1), because, 

at any time during the shareholder's holding 

period of the stock, other than the qualified 

portion, the corporation was a PFIC that 

wasn’t a QEF.

Election Year

• In the case of a former PFIC, the election 

year is the tax year of the electing 

shareholder that includes the termination 

date.

• In the case of a Section 1297(e) PFIC, the 

election year is the tax year of the electing 

shareholder that includes the CFC 

qualification date.

Former PFIC

A foreign corporation is a former PFIC with 

respect to the shareholder if the corporation 

satisfies neither the income test nor the asset 

test (described under the definition of PFIC 

below), but whose stock, held by that 

shareholder, is treated as stock of a PFIC, 

under section 1297(b)(1), because at any 

time during the shareholder's holding period 

of the stock the corporation was a PFIC 

(under the income or asset test of section 

1297(a) described below) that wasn’t a QEF, 

and the shareholder hasn’t made a 

mark-to-market election with respect to the 

PFIC.

Indirect Shareholder

Generally, a U.S. person is an indirect 

shareholder of a Section 1297(e) PFIC or a 

former PFIC if it is:

1. A direct or indirect owner of a 

pass-through entity that is a direct or indirect 

shareholder of a Section 1297(e) PFIC or a 

former PFIC,

2. A shareholder of a PFIC that is a 

shareholder of a Section 1297(e) PFIC, or a 

former PFIC,

3. A 50%-or-more shareholder of a 

foreign corporation that isn’t a PFIC and that 

directly or indirectly owns stock of a Section 

1297(e) PFIC or a former PFIC, or

4. A 50%-or-more shareholder of a 

domestic corporation that owns a section 

1291 fund.

Passive Foreign Investment 

Company (PFIC)

A foreign corporation is a PFIC if it meets 

either the income or asset test described 

below.

1. Income test. 75% or more of the 

corporation's gross income for its tax year is 

passive income (as defined in section 

1297(b)).

2. Asset test. At least 50% of the 

average percentage of assets (determined 

under section 1297(e)) held by the foreign 

corporation during the tax year are assets 

that produce passive income or that are held 

for the production of passive income.

Basis for measuring assets. When 

determining PFIC status using the asset test, 

a foreign corporation can use adjusted basis 

if:

1. The corporation isn’t publicly traded 

for the tax year and

2. The corporation (a) is a CFC or (b) 

makes an election to use adjusted basis.

Publicly traded corporations must use fair 

market value when determining PFIC status 

using the asset test.

Look-thru rule. When determining if a 

foreign corporation that owns at least 25% 

(by value) of another corporation is a PFIC, 

the foreign corporation is treated as if it held 

a proportionate share of the assets and 

received directly its proportionate share of 

the income of the 25%-or-more owned 

corporation.

Qualified Electing Fund (QEF)

A PFIC is a QEF if the U.S. person who is a 

direct or indirect shareholder of the PFIC 

elects (under section 1295) to treat the PFIC 

as a QEF. See the instructions for Form 8621 

for more information.

Shareholder

A shareholder is a U.S. person that is a 

direct or indirect shareholder of the foreign 

corporation. See Indirect shareholder, 

earlier, for definition.

Termination Date

The termination date is the last day of the 

last tax year of the foreign corporation during 

which it qualified as a PFIC under section 

1297(a).

Specific Instructions

Address and Identifying 

Number

Address. Include the suite, room, or other 

unit number after the street address. If the 

Post Office doesn’t deliver mail to the street 

address and the shareholder has a P.O. box, 

enter the box number instead.

Identifying number. Individuals should 

enter a social security number or taxpayer 

identification number issued by the IRS. 

Entities must enter an employer identification 

number.

Shareholder Contact Information. If the 

person to contact with respect to Form 

8621-A is the taxpayer, enter “Same” in the 

entry space for the name. If the person to 

contact with respect to Form 8621-A is a 

person other than the taxpayer, enter the 

information requested and attach Form 

2848.

Part I. Elections

Election A. Late Deemed 

Dividend Election With Respect 

to a Former PFIC

This is a deemed dividend election under 

section 1298(b)(1) that is made with respect 

to a former PFIC after the time prescribed in 

Regulations section 1.1298-3(c)(4) has 

elapsed.

Who Can Make the Election

This election can be made by a U.S. person 

that is a shareholder of a foreign corporation 

that is a former PFIC with respect to such 

shareholder provided the foreign corporation 

was a CFC during the last tax year as a 

PFIC.

Effect of Election

A shareholder making this election is treated 

as receiving a dividend of its pro rata share 

of the post-1986 earnings and profits of the 

former PFIC on the termination date. The 

deemed dividend is taxed under section 

1291 as an excess distribution, allocated 

only to the days in the shareholder's holding 

period during which the foreign corporation 

qualified as a PFIC. For this purpose, the 

shareholder's holding period ends on the 

termination date. After the deemed dividend 

election, the shareholder's stock isn’t treated 

as stock in a PFIC unless the foreign 

corporation thereafter qualifies as a PFIC.

Special Rules

For purposes of this election, the following 

apply.

• The basis of the shareholder's stock is 

increased by the amount of the deemed 

dividend. The manner in which the basis 

adjustment is made depends on whether the 

shareholder is a direct or indirect 

shareholder. See Regulations section 

1.1298-3(c)(6).

• For purposes of the PFIC rules only, the 

shareholder's new holding period begins on 

the day following the termination date.

• The term “post-1986 earnings and profits” 

means the undistributed earnings and profits 

of the PFIC (as of the close of the tax year 

that includes the termination date without 

reduction for dividends distributed during the 

tax year) accumulated in tax years beginning 

after 1986 during which the CFC was a PFIC 

and while the shareholder held the stock.

Line 3 Attachment

The shareholder must attach a statement to 

Form 8621-A that shows the calculation of its 

pro rata share of the post-1986 earnings and 

profits of the former PFIC that is treated as 

distributed to the shareholder on the 

termination date. The post-1986 earnings 

and profits can be reduced (but not below 

zero) by the amount that the shareholder 

satisfactorily shows was previously included 

in its income or in the income of another U.S. 

-2- Instructions for Form 8621-A (Rev. 12-2018)
person. The shareholder shows this by 

including in the statement mentioned above 

the following information:

• The name, address, and identifying 

number of the U.S. person and the amount 

that was previously included in income;

• The tax year in which the amount was 

previously included in income;

• The provision of law under which the 

amount was previously included in income;

• A description of the transaction in which 

the shareholder acquired the stock of the 

former PFIC from the other U.S. person; and

• The provision of law under which the 

shareholder's holding period includes the 

holding period of the other U.S. person.

How To Make the Election

To make this election, check box A in Part I 

and complete Part II, lines 1, 2, and 3, and 

Part IV.

For more information on making Election 

A, see Regulations section 1.1298-3(c) and 

Regulations section 1.1298-3(e).

Election B. Late Deemed Sale 

Election With Respect to a 

Former PFIC

This is a deemed sale election under section 

1298(b)(1) that is made with respect to a 

former PFIC after the time prescribed in 

Regulations section 1.1298-3(b)(3) has 

elapsed.

Who Can Make the Election

This election can be made by a U.S. person 

that is a shareholder of a former PFIC.

Effect of Election

A shareholder making this election is 

deemed to have sold the former PFIC stock 

on the termination date for its fair market 

value. The gain from the deemed sale is 

taxed under section 1291 as an excess 

distribution received on the termination date. 

After the deemed sale election, the 

shareholder's stock isn’t treated as stock in a 

PFIC unless the foreign corporation 

thereafter qualifies as a PFIC.

Special Rules

For purposes of this election, the following 

apply.

• The basis of the shareholder's stock is 

increased by the gain recognized on the 

deemed sale. The manner in which the basis 

adjustment is made depends on whether the 

shareholder is a direct or indirect 

shareholder. See Regulations section 

1.1298-3(b)(5).

• For purposes of the PFIC rules only, the 

shareholder's new holding period of the 

stock begins on the day following the 

termination date.

• The election can be made for stock on 

which the shareholder will realize a loss, but 

that loss cannot be recognized. In addition, 

there is no basis adjustment for a loss.

How To Make the Election

To make this election, check box B in Part I 

and complete Part II, lines 1, 2, and 4, and 

Part IV.

For more information regarding making 

Election B, see Regulations section 

1.1298-3(b) and Regulations section 

1.1298-3(e).

Election C. Late Deemed 

Dividend Election With Respect 

to a Section 1297(e) PFIC

This is a deemed dividend election under 

section 1298(b)(1) that is made by a 

shareholder (defined earlier) with respect to 

a Section 1297(e) PFIC that is also a CFC 

after the time prescribed in Regulations 

section 1.1297-3(c)(4) has elapsed.

Who Can Make the Election

The election can be made by a shareholder 

of a foreign corporation that is a Section 

1297(e) PFIC with respect to that 

shareholder.

Effect of Election

A shareholder making this election is treated 

as receiving a dividend of its pro rata share 

of the post-1986 earnings and profits of the 

Section 1297(e) PFIC on the CFC 

qualification date. The deemed dividend is 

taxed under section 1291 as an excess 

distribution, allocated only to the days in the 

shareholder's holding period during which 

the foreign corporation qualified as a PFIC. 

For this purpose, the shareholder's holding 

period ends on the day before the CFC 

qualification date. After the deemed dividend 

election, the shareholder's stock isn’t treated 

as stock in a PFIC unless the qualified 

portion of the shareholder's holding period 

ends, and the foreign corporation thereafter 

qualifies as a PFIC.

Special Rules

For the purpose of this election, the following 

apply:

• The basis of the shareholder's stock is 

increased by the amount of the deemed 

dividend. The manner in which the basis 

adjustment is made depends on whether the 

shareholder is a direct or indirect 

shareholder. See Regulations section 

1.1297-3(c)(6).

• For purposes of the PFIC rules only, the 

shareholder's new holding period begins on 

the CFC qualification date.

• The term “post-1986 earnings and profits” 

means the undistributed earnings and profits 

of the PFIC (as of the day before the CFC 

qualification date) accumulated in tax years 

beginning after 1986 during which the CFC 

was a PFIC and while the shareholder held 

the stock.

Line 7 Attachment

The shareholder must attach a statement to 

Form 8621-A that shows the calculation of its 

pro rata share of the post-1986 earnings and 

profits of the Section 1297(e) PFIC that is 

treated as distributed to the shareholder on 

the CFC qualification date. The post-1986 

earnings and profits can be reduced (but not 

below zero) by the amount that the 

shareholder satisfactorily shows was 

previously included in its income or in the 

income of another U.S. person. The 

shareholder shows this by including in the 

statement mentioned above the following 

information:

• The name, address, and identifying 

number of the U.S. person and the amount 

that was previously included in income;

• The tax year in which the amount was 

previously included in income;

• A description of the transaction in which 

the shareholder acquired the stock of the 

Section 1297(e) PFIC from the other U.S. 

person; and

• The provision of law under which the 

shareholder's holding period includes the 

holding period of the other U.S. person.

How To Make the Election

To make this election, check box C in Part I 

and complete Part III, lines 5, 6, and 7, and 

Part IV.

For more information on making Election 

C, see Regulations sections 1.1297-3(c) and 

(e).

Election D. Late Deemed Sale 

Election With Respect to a 

Section 1297(e) PFIC

This is a deemed sale election under section 

1298(b)(1) that is made with respect to a 

Section 1297(e) PFIC after the time 

prescribed in Regulations section 

1.1297-3(b)(3) has elapsed.

Who Can Make the Election

This election can be made by a U.S. person 

that is a shareholder of a foreign corporation 

that is a section 1297(e) PFIC with respect to 

such shareholder.

Effect of Election

A shareholder making this election is 

deemed to have sold the Section 1297(e) 

PFIC stock on the CFC qualification date for 

its fair market value. The gain from the 

deemed sale is taxed under section 1291 as 

an excess distribution received on the CFC 

qualification date. After the deemed sale 

election, the shareholder's stock isn’t treated 

as stock in a PFIC unless the qualified 

portion of the shareholder's holding period 

ends, and the foreign corporation thereafter 

qualifies as a PFIC.

Instructions for Form 8621-A (Rev. 12-2018) -3-
Special Rules

For purposes of this election, the following 

apply.

• The basis of the shareholder's stock is 

increased by the gain recognized on the 

deemed sale. The manner in which the basis 

adjustment is made depends on whether the 

shareholder is a direct or indirect 

shareholder. See Regulations section 

1.1297-3(b)(5).

• For purposes of the PFIC rules only, the 

shareholder's new holding period begins on 

the CFC qualification date.

• The election can be made for stock on 

which the shareholder will realize a loss, but 

that loss cannot be recognized. In addition, 

there is no basis adjustment for a loss.

How To Make the Election

To make this election, check box D in Part I 

and complete Part III, lines 5, 6, and 8, and 

Part IV.

For more information on making Election 

D, see Regulations sections 1.1297-3(b) and 

(e).

Part IV. Computation of 

Tax and Interest Due

Line 9a

Enter the amount treated as an excess 

distribution under the deemed dividend or 

deemed sale election. This amount is:

• In the case of a deemed dividend election 

for a former PFIC, the amount on line 3 of 

Part II.

• In the case of a deemed sale election for a 

former PFIC, the amount on line 4 of Part II.

• In the case of a deemed dividend election 

for a Section 1297(e) PFIC, the amount on 

line 7 of Part III.

• In the case of a deemed sale election for a 

Section 1297(e) PFIC, the amount on line 8 

of Part III.

Lines 9b and 10

Determine the allocation of the excess 

distribution to all applicable tax years on a 

separate sheet and attach it to Form 8621-A. 

Divide the amount on line 9a by the number 

of days in your holding period. The holding 

period of the stock is treated as ending on:

• The termination date, in the case of a 

deemed sale or deemed dividend election 

for a former PFIC;

• The CFC qualification date, in the case of 

a deemed sale election for a Section 1297(e) 

PFIC; and

• The day before the CFC qualification 

date, in the case of a deemed dividend 

election for a Section 1297(e) PFIC.

Determine the amount allocable to each 

tax year in your holding period by adding the 

amounts allocated to the days in each such 

tax year. Then:

• Add the amounts allocated to the tax 

years before the foreign corporation became 

a PFIC (pre-PFIC years) and amounts 

allocated to the election year. Enter the sum 

on line 10.

• With respect to the amounts allocated to 

each tax year in your holding period other 

than the election year and the pre-PFIC 

years, see the instructions for Line 14.

Lines 11 and 12

The shareholder's income tax liability is 

generally the amount shown on the “total tax” 

line of the return.

Line 14

Determine the increase in tax for each tax 

year in your holding period other than the 

election year and pre-PFIC years (that is, for 

each PFIC year). An increase in tax is 

determined for each PFIC year by multiplying 

the part of the distribution or disposition 

allocated to each year (see Lines 9b and 10, 

earlier) by the highest rate of tax under 

section 1 or section 11, whichever applies, in 

effect for that tax year. Add the increases in 

tax computed for all PFIC years. Enter the 

aggregate increases in tax (before credits) 

on line 14.

Line 15

To determine the foreign tax credit, the 

shareholder of a section 1291 fund 

determines the total creditable foreign taxes 

attributable to the distribution. The total 

creditable foreign taxes with respect to any 

distribution are the withholding taxes 

imposed on the distribution and, in the case 

of a foreign corporation year beginning 

before January 1, 2018, for 10% or greater 

corporate shareholders, any taxes deemed 

paid under section 902. The taxes must be 

creditable under general foreign tax credit 

principles and the shareholder must choose 

to claim the foreign tax credit for the current 

tax year.

The excess distribution taxes (the 

creditable foreign taxes attributable to an 

excess distribution) are allocated in the 

same manner as the excess distribution is 

allocated. See the instructions for Lines 9b 

and 10 and Line 14, earlier. Those taxes 

allocated to pre-PFIC tax years and the 

election year are taken into account for the 

election year under the general rules of the 

foreign tax credit.

The excess distribution taxes allocated to 

a PFIC year only reduce the increase in tax 

figured for that tax year (but not below zero). 

No carryover of any unused excess 

distribution taxes is allowed.

When you dispose of PFIC stock, the 

above foreign tax credit rules apply only to 

the part of the gain that, without regard to 

section 1291, would be treated under section 

1248 as a dividend.

Line 16

This amount is the aggregate increases in 

taxes on the excess distribution within the 

meaning of section 1291(c)(2).

Line 17

Compute the interest on each net increase in 

tax for the period beginning on the due date 

(without regard to extensions) of your 

income tax return for the tax year to which an 

increase in tax is attributable and ending with 

the due date (without regard to extensions) 

of your income tax return for the election 

year.

Lines 18 and 19

The line 18 subtotal represents all amounts 

due as of the due date (without regard to 

extensions) of the shareholder's income tax 

return for the election year. The shareholder 

making the late deemed dividend or late 

deemed sale election must pay additional 

interest on the amount on line 18 from the 

due date (without regard to extensions) of its 

income tax return for the election year up to 

and including the date the Form 8621-A and 

payment are filed with the IRS. Include this 

interest amount on line 19.

Closing Agreement

If the election year is a closed tax year, file 

the closing agreement on page 3 of the form 

in duplicate. Both copies must contain 

original signatures. Photocopies of 

signatures aren’t acceptable. The closing 

agreement on page 3 of the actual form you 

file is the IRS copy. The photocopy of the 

closing agreement that you attach to the 

4-page form is the taxpayer copy. Write 

“Taxpayer Copy” in the upper margin of this 

copy. File the taxpayer copy as the first 

attachment after the 4-page form. The 

taxpayer copy will be returned to you after an 

authorized IRS official has signed it.

Identifying number. Individuals should 

enter a social security number or taxpayer 

identification number issued by the IRS. 

Entities must enter an employer identification 

number.

Balance Sheet

If the shareholder is making a late deemed 

sale election with respect to a former PFIC or 

a Section 1297(e) PFIC (Election B or D), the 

shareholder is required to complete the 

balance sheet on page 4 of Form 8621-A.

Note. If the PFIC uses the U.S. dollar 

approximate separate transactions method 

of accounting (DASTM), the balance sheet 

should be prepared and translated into U.S. 

dollars according to Regulations section 

1.985-3(d), rather than U.S. GAAP.

Line 11

You must attach to Form 8621-A a written 

narrative for each intangible asset describing 

how the asset valuation was determined. 

This narrative must include all pertinent 

valuation information including whether the 

valuation was done by a third party. If the 

valuation was done by a third party, include 

the name and business address of that third 

party in the narrative.

Disclosure, Privacy Act, and Paperwork 

Reduction Act Notice. We ask for the 

information on this form to carry out the 

Internal Revenue laws of the United States. 

-4- Instructions for Form 8621-A (Rev. 12-2018)
Sections 6001, 6011, 6012(a), 6103, and 

6109, and their regulations, require you to 

provide this information. We need this 

information to ensure that you are complying 

with the Internal Revenue laws and to allow 

us to figure and determine the right amount 

of tax.

You must fill in all parts of the tax form 

that apply to you. If you don’t file a return 

under circumstances requiring its filing, don’t 

provide the information we ask for, or provide 

fraudulent information, you may be charged 

penalties and be subject to criminal 

prosecution. Section 6109 requires return 

preparers to provide their identifying 

numbers on the return.

Generally, tax returns and return 

information are confidential, as required by 

section 6103. However, section 6103 allows 

or requires the Internal Revenue Service to 

disclose or give the information shown on 

your tax return to others as described in the 

Code. For example, we may disclose your 

tax information to the Department of Justice 

for civil and criminal litigation. We may also 

disclose this information to cities, states, the 

District of Columbia, and U.S. 

commonwealths and possessions for use in 

administering their tax laws, to federal and 

state agencies to enforce federal nontax 

criminal laws, or to federal law enforcement 

and intelligence agencies to combat 

terrorism.

You aren’t required to provide the 

information requested on a form that is 

subject to the Paperwork Reduction Act 

unless the form displays a valid OMB control 

number. Books or records relating to a form 

or its instructions must be retained as long as 

their contents may become material in the 

administration of any Internal Revenue law.

The time needed to complete and file this 

form will vary depending on individual 

circumstances. The estimated burden for 

individual and business taxpayers filing this 

form is approved under OMB control 

numbers 1545-0074 and 1545-0123. The 

estimated burden for all other taxpayers who 

file this form is shown below.

Recordkeeping ......... 22 hr., 43 min.

Learning about the law or 

the form.............. 10 hr., 43 min.

Preparing the form ...... 27 hr., 24 min.

Sending the form to the 

IRS ................. 4 hr., 33 min.

If you have comments concerning the 

accuracy of these time estimates or 

suggestions for making this form simpler, we 

would be happy to hear from you. You can 

send us comments from IRS.gov/

FormsComments. You can write to the 

Internal Revenue Service, Tax Forms and 

Publications, 1111 Constitution Ave. NW, 

IR-6526, Washington, DC 20224. Don’t send 

the tax form to this address. Instead, see 

Where To File, earlier.

Instructions for Form 8621-A (Rev. 12-2018) -5-