26 U.S.C. § 6222 — Partner’s return must be consistent with partnership return
submitted 11 years ago by Pub. L. 114-74 to r/title-26-INTERNAL-REVENUE-CODE · 344 words · no verdicts yet
A partner generally must report partnership-related items consistently with the partnership’s return. A partner can avoid the consistency rules for an item by timely identifying an inconsistency to the Secretary, subject to special rules for incorrect partnership information.
(a) In general. A partner’s return must treat each partnership-related item* consistently with the partnership* return.
(b) Underpayment. If a partner* fails to do this, the resulting underpayment is assessed and collected as though it came from a mathematical or clerical error on the partner’s return. Section 6213(b)(2) does not apply.
(c) Notice of inconsistency. (1) For an item, subsections (a) and (b) do not apply if (A) the partnership filed a return but the partner’s treatment is or may be inconsistent with it, or the partnership did not file a return, and (B) the partner files a statement with the Secretary* identifying the inconsistency. (2) A partner is treated as filing the statement for an item if the partner proves to the Secretary that the partner’s return matches the partnership’s statement to the partner and elects this paragraph.
(d) A final decision about an inconsistent position in a proceeding to which the partnership was not a party does not bind the partnership.
(e) For an additional tax caused by a partner’s disregard of this section, see part II of subchapter A of chapter 68.
A partner* shall, on the partner’s return, treat any partnership-related item* in a manner which is consistent with the treatment of such item on the partnership* return.
Any underpayment of tax by a partner by reason of failing to comply with the requirements of subsection (a) shall be assessed and collected in the same manner as if such underpayment were on account of a mathematical or clerical error appearing on the partner’s return. Paragraph (2) of section 6213(b) shall not apply to any assessment of an underpayment referred to in the preceding sentence.
In the case of any item referred to in subsection (a), if—
the partnership has filed a return but the partner’s treatment on the partner’s return is (or may be) inconsistent with the treatment of the item on the partnership return, or
the partnership has not filed a return, and
the partner files with the Secretary* a statement identifying the inconsistency,
subsections (a) and (b) shall not apply to such item.
A partner shall be treated as having complied with subparagraph (B) of paragraph (1) with respect to an item if the partner—
demonstrates to the satisfaction of the Secretary that the treatment of the item on the partner’s return is consistent with the treatment of the item on the statement furnished to the partner by the partnership, and
elects to have this paragraph apply with respect to that item.
Any final decision with respect to an inconsistent position identified under subsection (c) in a proceeding to which the partnership is not a party shall not be binding on the partnership.
For addition to tax in the case of a partner’s disregard of the requirements of this section, see part II of subchapter A of chapter 68.
Source credit: (Added Pub. L. 114–74, title XI, § 1101(c)(1), Nov. 2, 2015, 129 Stat. 626; amended Pub. L. 115–141, div. U, title II, § 201(c)(3), Mar. 23, 2018, 132 Stat. 1173.)
- 2015Enacted · Pub. L. 114-74 · 129 Stat. 626
- 2018Amended · Pub. L. 115-141 · 132 Stat. 1173
A history note hasn’t been published yet. The record shows enactment by Pub. L. 114-74 on 2015-11-02.
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