Eligible Partnerships May File Amended Returns
An eligible partnership may file amended partnership returns for tax years beginning in 2018, 2019, and 2020 by filing a Form 1065, U.S. Return of Partnership Income (Form 1065), with the “Amended Return” box checked. The partnership may also issue an amended Schedule K-1, Partner’s Share of Income, Deductions, Credits, etc. (Schedule K-1), to each of its partners.
Partnerships Eligible for Amended-Return Procedures
The amended-return procedures apply to “BBA partnerships,” which include most partnerships that are subject to the centralized audit regime provided by the Bipartisan Budget Act of 2015 (BBA) ( P.L. 114-74). The centralized audit regime replaced the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) ( P.L. 97–248) partnership procedures.
An eligible BBA partnership may use amended returns to:
- change its method of depreciation and/or general asset account treatment for its residential rental property, or
- make a late election to be an electing real property trade or business under Code Sec. 163(j)(7) by filing an amended Form 1065 in accordance with Rev. Proc. 2020-22, 2020-18 IRB 745.
Amended Partnership Returns in Special Situations
If the partnership is currently under examination for a tax year beginning in 2018, 2019, or 2020, it must send written notice to the revenue agent coordinating the before or at the same time it files its amended Form 1065.
If the partnership previously filed an administrative adjustment request (AAR) for a tax year covered by the amended return, it should use the items as adjusted in the AAR on the amended return.
If, under Notice 2019-46, 2019-37 I.R.B. 695, a partnership has
applied the Global Intangible Low-Taxed Income (GILTI) rules of Proposed
Reg. §1.951A-5 for tax years ending before June 22, 2019, the
partnership may continue to apply those rules to those tax years.
However, the partnership must also furnish amended Schedules K-1 and
appropriate notifications to its partners.