Form 8886, Reportable Transaction Disclosure Statement
Form 8886 is how taxpayers disclose their participation in reportable transactions, including listed transactions, to the IRS. Fill in the official IRS PDF below and download it.
This is the genuine IRS PDF, unmodified. Source: IRS official page.
What is 8886?
Form 8886, Reportable Transaction Disclosure Statement, is used to disclose information for each reportable transaction in which you participated. Reportable transactions include listed transactions the IRS has identified as tax avoidance transactions, confidential transactions, transactions with contractual protection, certain loss transactions, and transactions of interest.
A separate Form 8886 is generally required for each reportable transaction, attached to the return for each year you participate. The first time you disclose a transaction, a copy also goes to the IRS Office of Tax Shelter Analysis (OTSA). Failing to disclose can trigger significant penalties, so the filing rules are worth reading carefully.
Who files 8886?
- Individuals, trusts, and estates that participated in a reportable transaction
- Corporations and partnerships that participated directly or through a pass-through entity
- Taxpayers claiming losses that meet the loss transaction thresholds in the regulations
- Anyone who invested in a transaction the IRS has identified as a listed transaction or transaction of interest
How to fill out 8886
- Enter your identifying information and the tax year and return the statement attaches to.
- Identify the transaction, its name if it has one, and check the box for each category that applies (listed, confidential, contractual protection, loss, or transaction of interest).
- Describe the transaction, the expected tax benefits, and the amounts involved in the sections provided.
- List the parties, advisors, and entities involved as the form requires.
- Download the finished PDF, attach it to your return, and send a copy to OTSA if this is your first disclosure of the transaction.
Quick fill 8886 on this page
Prefer to see the form itself while you type? Open 8886 in the editor to fill it on the actual pages, add a signature, and download.
Frequently asked questions
How do I know if my transaction is reportable?
The regulations define five categories, and the IRS publishes lists of listed transactions and transactions of interest. If your transaction is the same as or substantially similar to one of those, or fits another category, it is reportable. When in doubt, review the instructions or get professional advice.
What happens if I do not file Form 8886?
Failure to disclose a reportable transaction can result in penalties under section 6707A, and for listed transactions the penalties are higher and the statute of limitations can stay open. Disclosure is generally the safer path.
Do I file the form every year?
You generally attach Form 8886 to your return for each year your tax return reflects participation in the transaction, with the extra OTSA copy required only for the first year of disclosure.