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Chicago Illinois Form 5472: What You Should Know
The regulations provide in § 1.6038-5 that a taxpayer's domestic corporation, partnership, unincorporated association, or qualified joint venture and an unrelated person need not file Form 5472 if the transaction is reported to the U.S. IRS, and the IRS determines, based on the information in the return, that the filing requirements of this form are being met. The regulations further provide that information required in Form 5472 are nonrefundable taxes and that the tax due to the U.S. is the amount of taxes collected, not including interest or penalties. However, some tax treaties and agreements provide for the provision of refundable tax credits on the basis that an individual or corporation has received a benefit from a transaction reported on Form 5472 with respect to the reporting entity. The regulations provide that an individual or corporation making a reportable transaction, or a related person having a beneficial interest in the reporting entity or with regard to which a reportable transaction is made, has the following rights with respect to such reportable transaction: (1) if a taxpayer is unable to comply with its tax obligations under this subpart, the taxpayer may, in writing, request the IRS to require the reporting entity to comply with its international or U.S. reporting obligations with respect to such transaction or to report the transaction to the U.S. Government, or that the taxpayer may request the IRS to use the procedures in Internal Revenue Code section 6038A to require the reporting entity to comply with its accounting, tax planning, or reporting requirements with respect to such transaction, as applicable to the taxpayers with whom it is involved; (2) the taxpayer may request that a related person to which a transaction was reported on Form 5472 pay the taxes on such transaction that are reported on Form 5472 and a reasonable estimate of the amount of such taxes.
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