26 USC 6222 - Partner’s return must be consistent with partnership return

U.S Code last checked for updates: May 19, 2024

§ 6222.

Partner’s return must be consistent with partnership return

(a)

In general

(b)

Underpayment due to inconsistent treatment assessed as math error

(c)

Exception for notification of inconsistent treatment

(1)

In general

In the case of any item referred to in subsection (a), if—

(A)

(i)

the partnership has filed a return but the partner’s treatment on the partner’s return is (or may be) inconsistent with the treatment of the item on the partnership return, or

(ii)

the partnership has not filed a return, and

(B)

the partner files with the Secretary a statement identifying the inconsistency,

subsections (a) and (b) shall not apply to such item.

(2)

Partner receiving incorrect information

A partner shall be treated as having complied with subparagraph (B) of paragraph (1) with respect to an item if the partner—

(A)

demonstrates to the satisfaction of the Secretary that the treatment of the item on the partner’s return is consistent with the treatment of the item on the statement furnished to the partner by the partnership, and

(B)

elects to have this paragraph apply with respect to that item.

(d)

Final decision on certain positions not binding on partnership

(e)

Addition to tax for failure to comply with section

(Added Pub. L. 114–74, title XI, § 1101(c)(1), Nov. 2, 2015, 129 Stat. 626; amended Pub. L. 115–141, div. U, title II, § 201(c)(3), Mar. 23, 2018, 132 Stat. 1173.)

cite as: 26 USC 6222