As you may be aware, the IRS has changed the due dates for various forms, effective for 2016 tax forms due in 2017. Although the IRS has published the new due dates for most forms, the Form 8804, Annual Return for Partnership Withholding Tax, is not specifically mentioned in the new legislation. Even though Form 8804 is not specifically mentioned, the general consensus among tax professionals is that because the Form 8804 is tied to the partnership return, the due date should coincide with Partnership Tax Return, Form 1065. The new due date for the 1065 is now the 15th day of the third month after year-end. For calendar year taxpayers, the due date is now March 15th. Previously, the 1065 was due on the 15th day of the fourth month after year-end, which was April 15th for calendar year partnerships. Until further guidance is released, it is presumed the due date for Form 8804 will also be on the 15th day of the third month after year-end. Again, this is only a presumption that will need to be confirmed once the 2016 8804 instructions are released.
On the other hand, it seems the 2017 quarterly installment payments for Form 8804 will retain their original due dates and will not be pushed up one month like the partnership return. The 2017 instructions for Form 8804-W indicate the quarterly estimates will still be due by the 15th day of the 4th, 6th, 9th, and 12th months of the partnership’s tax year.
Please note, this is general information and should not be relied upon for specific tax advice. Please be sure to consult with your tax advisor for your reporting requirements.
Jill A. Helm, CPA