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The IRS Form 906, issued by the Department of the Treasury—Internal Revenue Service, plays a pivotal role in the tax landscape, especially for taxpayers seeking finality in their dealings with the IRS on specific matters. This form serves as a closing agreement on a final determination covering specific matters under section 7121 of the Internal Revenue Code. It is crafted to provide a conclusive resolution between the taxpayer and the Commissioner of Internal Revenue, ensuring that both parties agree to the terms of settlement regarding tax disputes or adjustments. The meticulous requirement that this agreement be signed and filed in triplicate, with all copies bearing original signatures, underscores the seriousness and finality of the agreement. It necessitates accuracy in the taxpayer's name, address, and identifying number, and allows for one or more tax years to be encompassed within a single agreement. Moreover, the form accommodates various signing authorities, including attorneys, agents, fiduciaries, trustees, and corporate officers, provided the appropriate documentation of authority is attached. Such comprehensive measures, including stipulations for reopening the case under circumstances of fraud or misrepresentation and the allowance for amendments in light of new laws, ensure that Form 906 is a critical tool for solidifying agreements with the IRS, offering taxpayers and the agency alike a clear path to resolving complex tax issues.

Irs 906 Example

Form 906

Department of the Treasury—Internal Revenue Service

(Rev. August 1994)

 

 

 

 

Closing Agreement On Final Determination

 

Covering Specific Matters

 

 

 

 

Under section 7121 of the Internal Revenue Code

(Taxpayer's name, address, and identifying number)

and the Commissioner of Internal Revenue make the following closing agreement:

Catalog Number 16961A

Form 906 (Rev. 8-1994)

Instructions

This agreement must be signed and filed in triplicate. (All copies must have original signatures.) The original and copies of the agreement must be identical. The name of the taxpayer must be stated accurately. The agreement may relate to one or more years.

If an attorney or agent signs the agreement for the taxpayer, the power of attorney (or a copy) authorizing that person to sign must be attached to the agreement. If the agreement is made for a year when a joint income tax return was filed by a husband and wife, it should be signed by or for both spouses. One spouse may sign as agent for the other if the document (or a copy) specifically authorizing that spouse to sign is attached to the agreement.

If the fiduciary signs the agreement for a decedent or an estate, an attested copy of the letters testamentary or the court order authorizing the fiduciary to sign, and a certificate of recent date that the authority remains in full force and effect must be attached to the agreement. If a trustee signs, a certified copy of the trust instrument or a certified copy of extracts from that instrument must be attached showing:

(1)the date of the instrument;

(2)that it is or is not of record in any court;

(3)the names of the beneficiaries;

(4)the appointment of the trustee, the authority granted, and other information necessary to show that the authority extends to Federal tax matters; and

(5)that the trust has not been terminated, and that the trustee appointed is still acting. If a fiduciary is a party, Form 56, Notice Concerning Fiduciary Relationship, is ordinarily required.

If the taxpayer is a corporation, the agreement must be dated and signed with the name of the corporation, the signature and title of an authorized officer or officers, or the signature of an authorized attorney or agent. It is not necessary that a copy of an enabling corporate resolution be attached.

Use additional pages if necessary, and identify them as part of this agreement.

Please see Revenue Procedure 68 16, C.B. 1968 1, page 770, for a detailed description of practices and procedures applicable to most closing agreements.

Catalog Number 16961A

Form 906 (Rev. 8-1994)

 

This agreement is final and conclusive except:

(1)the matter it relates to may be reopened in the event of fraud, malfeasance, or misrepresentation of material fact;

(2)it is subject to the Internal Revenue Code sections that expressly provide that effect be given to their provisions (including any stated exception for Code section 7122) notwithstanding any other law or rule of law; and

(3)if it relates to a tax period ending after the date of this agreement, it is subject to any law, enacted after the agreement date, that applies to that tax period.

By signing, the above parties certify that they have read and agreed to the terms of this document.

Your signature

 

 

 

 

 

 

 

Date Signed

 

 

 

 

 

 

 

 

 

Spouse's signature (if a joint return was filed)

 

Date Signed

 

 

 

Taxpayer's representative

 

 

Date Signed

 

 

 

 

Taxpayer (other than individual)

 

 

 

 

 

Date Signed

 

 

By

 

 

 

 

 

 

 

 

 

 

Title

 

 

 

 

 

Commissioner of Internal Revenue

 

 

 

 

By

 

 

Date Signed

 

 

 

 

 

 

Title

 

 

 

 

 

 

 

 

 

Catalog Number 16961A

Form 906 (Rev. 8-1994)

 

I have examined the specific matters involved and recommend the acceptance of the proposed agreement.

(Receiving Officer)

(Date)

(Title)

I have reviewed the specific matters involved and recommend approval of the proposed agreement.

(Reviewing Officer)

(Date)

(Title)

Catalog Number 16961A

Form 906 (Rev. 8-1994)

 

Document Specifics

Fact Description
Purpose The Form 906 is used by the Department of the Treasury—Internal Revenue Service to create a closing agreement on final determination covering specific matters under section 7121 of the Internal Revenue Code.
Revision Date The form was last revised in August 1994.
Signature Requirement It mandates that the agreement must be signed and filed in triplicate with all copies bearing original signatures.
Identity Accuracy The taxpayer's name must be accurately stated on the agreement.
Possibility of Representation If signed by an attorney or agent, a power of attorney or a copy authorizing that person to sign must be attached to the agreement.
Comprehensive Coverage The agreement may relate to one or more tax years, indicating its broad applicability to different situations.
Finality and Exceptions While the agreement is final and conclusive, it may be reopened in cases of fraud, malfeasance, misrepresentation of material fact, subject to Internal Revenue Code sections that expressly provide effect to their provisions or if it relates to a tax period ending after the date of the agreement and is subject to any law enacted after the agreement date that applies to that tax period.

Guide to Writing Irs 906

Filling out the IRS Form 906 can be an important step in finalizing tax matters with clarity and certainty. This form, utilized for making a closing agreement covering specific issues between the taxpayer and the Commissioner of Internal Revenue, helps both parties come to a conclusive agreement. Ensuring accurate and complete information is crucial for the effectiveness of this agreement, which, once signed, is final except under specific circumstances such as fraud or new legislation affecting the tax period in question. Below is a step-by-step guide to help you through the process of filling out Form 906 correctly.

  1. Read through the entire form before starting to fill it out. Understanding the scope and implications of the agreement is crucial.
  2. Enter the taxpayer's name, address, and identifying number in the designated fields at the top of the form. Make sure the name matches exactly with that on the tax returns to avoid confusion.
  3. If you are filling out the form on behalf of someone else, attach the necessary documentation proving your authority to sign. This could include a power of attorney, letters testamentary, court order, or a copy of the trust instrument, as applicable.
  4. For corporate taxpayers, ensure the agreement is signed by an authorized officer or agent. Include the signer's title and the date of signing. Remember, attaching a resolution is not required, but the signature must be authorized.
  5. Add additional pages if necessary to include all pertinent information. Clearly mark these pages as part of the agreement to avoid any information being overlooked.
  6. Review the section that outlines under what conditions the agreement can be reopened. This ensures clarity on the finality and the binding nature of the agreement under normal circumstances.
  7. Both the taxpayer(s) and the Commissioner of Internal Revenue or their authorized representatives must sign and date the form. If the agreement is for a joint return, both spouses must sign.
  8. Ensure that all copies of the agreement have original signatures and are identical in content. The requirement is to file the agreement in triplicate, which means you should have three signed copies.
  9. Attach any required documents, such as Form 56, if a fiduciary is involved, to the agreement before submission.
  10. Submit the form and all attachments to the designated IRS office. Retain a copy of the fully signed form for your records.

Once you've submitted the form, the information you've agreed upon with the IRS becomes binding. It's always advisable to consult with a tax professional or attorney to ensure you understand all aspects of the agreement before signing. Accurate completion and proper submission of Form 906 can help provide peace of mind by concluding specific tax matters formally and finally.

Understanding Irs 906

  1. What is Form 906 used for?

    Form 906, officially titled "Closing Agreement On Final Determination Covering Specific Matters," is a document used by the Internal Revenue Service (IRS) in the United States. This form serves the purpose of finalizing an agreement between a taxpayer and the Commissioner of Internal Revenue concerning specific tax matters. This agreement, once enacted, represents a final determination on these matters, which are thoroughly outlined within the document itself. It's designed to provide both the taxpayer and the IRS with clarity and finality regarding the tax issues at hand.

  2. Who needs to sign Form 906, and how?

    All parties involved must sign Form 906, ensuring that the agreement is legally binding and mutually acknowledged. The agreement must be signed and filed in triplicate, with all copies bearing original signatures to be considered valid. Depending on the entity, different signatures are required:

    • Individual taxpayers must sign with their names.
    • If a joint return is involved, both spouses must sign. One spouse can sign for the other if there's specific authorization attached.
    • For a corporation, an authorized officer or legal representative needs to sign, including their title.
    • In cases involving a fiduciary, trust, or estate, properly authorized individuals as per the legal documents must sign.
    This ensures that the agreement is executed correctly and holds legal weight.

  3. What attachments are needed for Form 906?

    Depending on the taxpayer's situation, various attachments are required when filing Form 906 to demonstrate authority to sign or validate the agreement. These may include:

    • Power of attorney documents if an agent is signing on behalf of the taxpayer.
    • Documentary evidence like a copy of the trust instrument for trusts or letters testamentary for estates, proving the signer's authority to act in a fiduciary capacity.
    • If a corporation, documents aren't typically required to prove authority, but the signature of an authorized officer is needed.
    These attachments are crucial for ensuring that the agreement is not only legally valid but also correctly represents all parties involved.

  4. Can Form 906 be reopened after it's signed?

    Yes, under certain circumstances, the agreement outlined in Form 906 can be reopened:

    • Instances of fraud, malfeasance, or misrepresentation of a material fact by the taxpayer can lead to reopening the agreement for further investigation or adjustment.
    • The agreement is also subject to any relevant sections of the Internal Revenue Code that might influence its validity or execution.
    • For tax periods ending after the date of the agreement, newly enacted laws applicable to those periods can affect the agreement.
    However, these situations are exceptions rather than the rule, and in general, once Form 906 is signed, it is considered final and conclusive.

  5. Is a copy of the corporate resolution required when a corporation signs Form 906?

    No, when a corporation enters into a closing agreement using Form 906, it's not necessary to attach a copy of the enabling corporate resolution. However, the agreement must be signed by an individual with the authority to do so on behalf of the corporation. This individual must provide their title and ensure that the signature authenticates their capacity to bind the corporation to the agreement. This streamlines the process and focuses on validating the authority of the person signing.

  6. What happens if additional pages are needed for the agreement?

    If the specifics of the agreement cannot be contained within the standard format of Form 906, additional pages can be used. These additional pages should be identified clearly as part of the agreement to ensure they are recognized as integral to the contract between the taxpayer and the IRS. This flexibility allows for the detailed documentation of the agreement's terms, regardless of its complexity or length, ensuring all elements are legally binding and recognized.

  7. Is Form 56 required if a fiduciary is a party to Form 906?

    Ordinarily, Form 56, named "Notice Concerning Fiduciary Relationship," is required when a fiduciary, such as a trustee or executor, is involved in the agreement. This form notifies the IRS of the creation or termination of a fiduciary relationship and helps to clarify who has the authority to act on behalf of another person or entity in tax matters. Submitting Form 56 in conjunction with Form 906 helps to properly document the authority and role of fiduciaries in the agreement process.

Common mistakes

Filling out the IRS Form 906, a closing agreement on final determination covering specific matters under section 7121 of the Internal Revenue Code, requires meticulous attention to detail. Any mistakes made during this process can result in complications or the invalidation of the agreement. Here are some common mistakes to avoid:

  1. Not providing original signatures on all three required copies. Each of the three copies submitted must carry the original signature of the involved parties to be considered valid.
  2. Failure to ensure that the taxpayer’s name, address, and identifying number are accurately stated. This basic yet crucial information must match IRS records exactly.
  3. Overlooking the requirement to include the power of attorney or a copy thereof when an agent or attorney signs the agreement on behalf of the taxpayer.
  4. Omitting necessary attachments when a joint income tax return was filed. If one spouse is signing for both, the document authorizing such representation must be attached.
  5. Forgetting to attach an attested copy of the letters testamentary or court order when a fiduciary is signing the agreement for a decedent or estate, plus a certificate confirming the fiduciary’s current authority.
  6. Not attaching a certified copy of the trust instrument or pertinent extracts when a trustee is involved, to verify their authority on federal tax matters.
  7. Assuming a copy of an enabling corporate resolution is not necessary when in fact, the agreement must be signed with the name of the corporation, the signature, and title of an authorized officer, or an authorized attorney or agent’s signature without needing the resolution.
  8. Ignoring the need to use additional pages when necessary and failing to identify them as part of the agreement.

Besides avoiding these errors, it’s also imperative to comprehend the extensive implications of this agreement. The document is final and conclusive except under circumstances like fraud, malfeasance, or misrepresentation of a material fact. Moreover, it falls under specific sections of the Internal Revenue Code, despite any other law or rule. As such, precision and thoroughness in completing Form 906 cannot be overstated.

Documents used along the form

When dealing with the Internal Revenue Service (IRS), specifically with agreements and disputes, the IRS 906 Form, or Closing Agreement on Final Determination Covering Specific Matters, is a critical document. But it's often just one piece of the puzzle. To effectively navigate the IRS's procedures and ensure compliance with tax laws, several additional forms and documents are frequently utilized alongside Form 906. Let's dive into some of these essential forms and documents to provide a clearer picture of the process.

  1. Form 2848, Power of Attorney and Declaration of Representative: This authorizes an individual, such as an accountant or attorney, to represent the taxpayer before the IRS, allowing them to receive confidential tax information and take action on the taxpayer’s behalf.
  2. Form 56, Notice Concerning Fiduciary Relationship: This is used to notify the IRS of the creation or termination of a fiduciary relationship, acknowledging the fiduciary’s authority to act on behalf of the taxpayer.
  3. Form 843, Claim for Refund and Request for Abatement: If taxpayers believe they have overpaid their taxes or penalties, they use this form to request a refund or abatement from the IRS.
  4. Form 1040, U.S. Individual Income Tax Return: While it's the standard form used by individuals to file their annual income tax returns, Form 1040 might be referenced or needed in follow-ups to the agreements made on Form 906.
  5. Form 1120, U.S. Corporation Income Tax Return: For corporations involved in closing agreements with the IRS, this form is used to file their annual income tax returns. Any adjustments or agreements resulting from Form 906 discussions may necessitate amendments to previously filed Forms 1120.
  6. Form 4506, Request for Copy of Tax Return: This form allows taxpayers to request copies of previously filed tax returns, which can be crucial in negotiations leading to a Form 906 agreement, to reference specific details from past filings.
  7. Form 433, Collection Information Statement: Used by taxpayers to provide detailed financial information to the IRS for the purpose of establishing a payment plan or negotiating a settlement, which might accompany a Form 906 when addressing specific tax liabilities.

Understanding and properly utilizing these forms and documents can play an indispensable role in navigating one's tax obligations and resolving disputes with the IRS. Whether you're settling a specific matter with a Closing Agreement, establishing a power of attorney, or amending past tax returns, knowledge of these key forms ensures a more informed and effective approach to tax management and compliance.

Similar forms

The Form 872, "Consent to Extend the Time to Assess Tax," is quite similar to the Form 906 in that it serves as a binding agreement between a taxpayer and the Internal Revenue Service (IRS). Both documents involve specific agreements entered into voluntarily by the taxpayer, with the key distinction that Form 872 extends the period for tax assessment, rather than closing out specific matters as Form 906 does. This extension allows the IRS more time to review a taxpayer's return and ensures that both parties are on the same page regarding this extension. The mutual agreement on terms underscores the importance of clear, legal documentation in managing tax matters.

Similarly, the Form 668(Z), "Release of Federal Tax Lien," shares a connection with Form 906, offering a resolution in a specific chit to the taxpayer. While Form 906 addresses the agreement on tax matters to prevent future disputes, Form 668(Z) is involved when there is a resolution of a previously disputed matter, specifically the release of a lien against a taxpayer's property. Both forms signify the conclusion of a matter between the taxpayer and the IRS but deal with different aspects of the tax dispute resolution process.

Form 656, "Offer in Compromise," also parallels Form 906 in its purpose of facilitating an agreement between the taxpayer and the IRS. Form 656 allows taxpayers to settle their tax liabilities for less than the full amount owed, requiring detailed financial information to support the offer. While differing in their disposal—the settlement of debt versus the closing of specific matters—both forms represent negotiated resolutions that prevent future legal complications, underscoring the flexibility of the IRS in resolving tax issues.

The "Installment Agreement Request" form is designed to help taxpayers who cannot pay their tax bill in full, allowing them to make scheduled payments over time. This form, like Form 906, represents a mutual agreement between the parties but focuses on the methodology of payment rather than the resolution of specific tax matters. Both documents facilitate compliance and ensure that taxpayers can meet their obligations in a manner that suits their financial situation, minimizing the risk of further disputes or penalties.

Last but not least, the Form 2848, "Power of Attorney and Declaration of Representative", shares a procedural similarity with Form 906. It doesn't deal directly with tax resolutions but authorizes individuals to act on behalf of taxpayers in matters with the IRS, including signing agreements like Form 906. The connection lies in the authorization process and the representation of taxpayers' interests before the IRS, highlighting the importance of formal agreements and legal representation in managing and resolving tax issues.

Dos and Don'ts

Filling out IRS Form 906 can seem daunting, but like most things, it becomes more manageable when broken down into do's and don'ts. This form, integral to the closing agreement on specific tax matters, solidifies the terms between the taxpayer and the IRS, ensuring a clear understanding from both parties. Let's dive into four essential practices to adopt and avoid in the process.

Do's when filling out IRS Form 906:

  • Make sure all signatures are original. Each copy of the form you submit must carry an original signature. Photocopies of signatures are not acceptable for this sensitive document.
  • Include accurate taxpayer information. It is crucial to double-check that the taxpayer's name, address, and identifying number are correctly stated. This accuracy ensures the agreement's validity and prevents unnecessary delays.
  • Attach necessary authorizations. If the form is being signed by someone other than the taxpayer, such as an attorney or trustee, the related power of attorney or certified documents verifying the authorization must be attached.
  • Be thorough and clear. If the agreement covers multiple years or involves intricate details, don't hesitate to use additional pages. Ensure these are clearly marked as part of the agreement to maintain the document's coherence.

Don'ts when filling out IRS Form 906:

  • Don't forget to sign the form. An unsigned form is as good as not submitting one at all. Ensure that all required parties have signed the document before submission.
  • Don’t overlook joint filing requirements. If filing jointly with a spouse, both must sign the agreement. Ensure you have the proper documentation if one is signing on behalf of the other.
  • Avoid incomplete documentation. Failing to attach the necessary authorizing documents or additional pages that are part of the agreement can lead to delays or the rejection of your form.
  • Don’t ignore specific instructions for fiduciaries and corporations. Special directives apply if the agreement is signed by a fiduciary or on behalf of a corporation. Overlooking these instructions can result in incorrect filing.

Success in this process lies in the details and your attentiveness to the form's requirements. By following these guidelines, you help ensure a smoother path to finalizing your tax matters with the IRS.

Misconceptions

Understanding IRS Form 906, a Closing Agreement on Final Determination Covering Specific Matters, can be challenging due to its complex nature and the specialized circumstances in which it is used. Here, we'll address several common misconceptions about this form to provide a clearer understanding of its purpose and application.

  • Form 906 is only for individuals. This misconception arises because many tax forms are designed with individuals in mind. However, IRS Form 906 can be utilized by various entities including individuals, corporations, estates, and trusts. The form's flexibility allows for a broad range of taxpayers to enter into a closing agreement with the IRS.
  • It’s just another tax return form. Unlike regular tax return forms, Form 906 is used to finalize an agreement between the taxpayer and the IRS on specific matters, potentially after an audit or dispute. It's not a form for reporting annual income or taxes owed but is intended for resolving specific issues conclusively.
  • Signing Form 906 immediately resolves tax issues. While signing a closing agreement does aim to resolve specific tax matters, it’s essential to understand that the resolution is subject to certain conditions. Issues can be reopened in the event of fraud, malfeasance, or misrepresentation of material fact, among other exceptions.
  • Any IRS officer can sign off on the agreement. Actually, Form 906 requires the signature of designated IRS officers, typically receiving and reviewing officers who have examined and recommend the acceptance of the proposed agreement. Their approval is crucial for the agreement to be finalized.
  • Form 906 agreements are permanent and immutable. While the agreement is intended to provide a final resolution on specified matters, it includes clauses that allow for reopening the case under certain conditions like fraud or new legislation that affects the tax period covered by the agreement.
  • You need to attach enabling corporate resolutions. A common misunderstanding is the need for attaching enabling corporate resolutions when a corporation is involved. However, the instructions specify that it’s not necessary. What is necessary is the signature and title of an authorized officer or an agent.
  • A power of attorney is always required for representation. While a power of attorney (or its copy) authorizing an individual to sign the agreement on behalf of the taxpayer is needed in many cases, what's essential is that the representative has the authority to sign. The specific documentation required can vary based on the entity type and representation situation.

Clarifying these misconceptions about IRS Form 906 helps in understanding its specific role in tax administration and the conditions under which it operates. It's a specialized tool for closing agreements on tax matters, designed to provide clarity and finality under the outlined terms and conditions.

Key takeaways

When dealing with the IRS Form 906, it is essential to understand its primary function and the implications for taxpayers. This form, officially known as the Closing Agreement On Final Determination Covering Specific Matters, is a critical document for settling specific tax matters with the Internal Revenue Service. Below are key takeaways that taxpayers and their representatives should keep in mind when filling out and using the Form 906.

  • Original signatures are required: The form must be signed in triplicate, with all copies bearing original signatures to be considered valid.
  • Accuracy of information: It is vital to ensure that the taxpayer's name, address, and identifying number are accurately stated on the form to avoid any processing issues.
  • Applicable for multiple years: The agreement can relate to one or more tax years, providing flexibility in settling issues over a range of periods.
  • Representation: If an attorney or agent signs the agreement on behalf of the taxpayer, the power of attorney or its copy must be attached, authorizing that individual to act in such capacity.
  • Joint returns considerations: In cases of a joint income tax return by spouses, both must sign the agreement or provide explicit authorization for one to sign on behalf of both.
  • Signing by fiduciaries and trustees: Specific documentation must be attached when fiduciaries or trustees sign the form, ensuring their authority to act on tax matters.
  • Corporation representatives: If the taxpayer is a corporation, an authorized officer or agent must sign, with their title clearly indicated, though an enabling corporate resolution need not be attached.
  • Final and conclusive, with exceptions: The agreement is final and conclusive except under circumstances of fraud, newly applicable laws, or express provisions in the Internal Revenue Code.
  • Additional documents: For complex agreements, additional pages can be used, provided they are identified as part of the agreement, ensuring all aspects of the matter are covered comprehensively.

Understanding these key takeaways can significantly streamline the process of completing and submitting Form 906, ensuring a smoother resolution of specific tax matters with the IRS.

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