Form 8838-P - Consent To Extend Time To Assess Tax
Form 8838-P allows taxpayers to extend the time for the IRS to assess federal income tax related to gain deferral method contributions. This form is essential for U.S. transferors contributing section 721(c) property to a partnership. It provides a structured framework for compliance with IRS regulations.
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How do I fill this out?
To fill out Form 8838-P, start by entering your identifying information accurately. Next, provide the details of the gain deferral contributions in the designated sections. Finally, ensure that all signatures are present and submit the form with your tax return.

How to fill out the Form 8838-P - Consent To Extend Time To Assess Tax?
1
Enter the names and identifying information of the consenting taxpayers.
2
Fill in the details of the section 721(c) property contributions.
3
Sign the form in the required spaces.
4
Attach the completed form to your income tax return.
5
Submit the return before the deadline.
Who needs the Form 8838-P - Consent To Extend Time To Assess Tax?
1
U.S. citizens who are transferring section 721(c) property to a partnership need this form to comply with tax regulations.
2
Domestic corporations involved in partnerships must file to avoid gain recognition.
3
Trustees of estates are required to submit it to ensure compliance with tax assessments.
4
Joint filers need the form to extend the time for tax assessments on their contributions.
5
Tax advisors managing their clients' contributions will use this form to facilitate the process.
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What are the instructions for submitting this form?
To submit Form 8838-P, attach the completed document to your income tax return and file it as per IRS guidelines. You can send it via mail to the designated IRS office applicable for your state. Ensure that you keep a copy of the submitted form for your records and consider using certified mail for tracking.
What are the important dates for this form in 2024 and 2025?
Taxpayers should be aware of the filing deadlines coinciding with their annual income tax returns. For 2024, the due date is typically April 15, while for 2025, it remains the same unless extended. Ensure timely submission to avoid penalties related to form compliance.

What is the purpose of this form?
The purpose of Form 8838-P is to provide a legal framework for U.S. transferors to extend the time the IRS has to assess tax on gain deferral contributions. It allows taxpayers to manage their tax liabilities effectively while ensuring compliance with regulations established under section 721(c). This form is particularly vital in transactions involving property contributions to partnerships.

Tell me about this form and its components and fields line-by-line.

- 1. Name of Consenting Taxpayer(s): The full names of individuals or entities consenting to the terms of the form.
- 2. Identifying Number: Unique identification number such as Social Security Number or Employer Identification Number.
- 3. Contribution Details: Specific information regarding the section 721(c) property being contributed.
- 4. Signatures: Required signatures of the consenting taxpayers, including dates.
- 5. Declaration: An assertion of the truthfulness of the provided information.
What happens if I fail to submit this form?
Failure to submit Form 8838-P may result in the IRS recognizing gain on contributions, leading to potential tax liabilities. This could also lead to penalties for non-compliance with IRS regulations. Therefore, timely submission is crucial to avoid negative tax implications.
- Gain Recognition: Inability to defer taxes on recognized gain from contributions.
- Penalties: Possible IRS penalties for failure to submit the required form.
- Legal Compliance: Risk of non-compliance with tax laws, leading to audits or further action.
How do I know when to use this form?

- 1. Making Gain Deferral Contributions: When contributing property under the gain deferral method.
- 2. Joint Filers: Used by couples filing jointly to manage their tax assessments together.
- 3. Corporate Contributions: Applicable when domestic corporations contribute to partnerships involving 721(c) property.
Frequently Asked Questions
What is Form 8838-P used for?
Form 8838-P is used by U.S. taxpayers to request an extension for the IRS to assess tax related to contributions made under the gain deferral method.
Who needs to file Form 8838-P?
U.S. citizens, domestic corporations, estates, trusts, and joint filers involved in section 721(c) contributions need to file this form.
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What are the important dates related to Form 8838-P?
Important submission deadlines generally align with tax return filing dates; refer to the IRS for specific dates.
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