What Is Form 8892 and How Do I File It?
Understand the role of Form 8892 for non-residents managing U.S. tax payments or releasing federal estate tax liens on U.S.-based property.
IRS Form 8892 is the “Application for Automatic Extension of Time To File Form 709 and/or Payment of Gift/Generation-Skipping Transfer Tax.” The form serves two main functions: requesting an automatic six-month filing extension for Form 709, U.S. Gift (and Generation-Skipping Transfer) Tax Return, and acting as a payment voucher for any associated tax due.
Determining if You Need to File
Filing Form 8892 becomes necessary if you cannot file your Form 709 by the regular due date and you are not applying for an extension of time to file your individual income tax return. An extension of time to file your income tax return automatically extends the time to file your gift tax return. If you do file for an automatic extension for your income tax return using Form 4868, you do not need to file Form 8892 to get an extension for Form 709. If you owe gift tax in this situation, you would only use the payment voucher from Form 8892, Form 8892-V, to make your payment.
Requesting an Extension
The primary use of Form 8892 is to request an automatic six-month extension of time to file Form 709. To receive the extension, you must file Form 8892 by the regular due date of your Form 709, which is generally April 15. You must also properly estimate your gift and GST tax liability on the form and enter the amount of tax you are paying.
Making a Tax Payment
You can also use Form 8892 to make a payment for gift or GST taxes. Even if you receive an extension of time to file, you are still required to pay any tax you owe by the original due date. Paying an estimate of your tax liability helps avoid failure-to-pay penalties and interest.
Information and Documentation Required
Before completing Form 8892, you must gather some basic information. Part I of the form requests general information, including the donor’s full name, address, and U.S. taxpayer identification number, which could be a Social Security Number (SSN) or an Individual Taxpayer Identification Number (ITIN). Part II is where you calculate the extension. You will need to enter your total estimated gift tax and GST tax liability for the year. You will also enter the total payment you are making with the form and specify the calendar year for which you are filing the extension.
Completing and Submitting Form 8892
Paper-filed Forms 8892 must be mailed to the Department of the Treasury, Internal Revenue Service, Cincinnati, OH 45999-0048. It is important to use the precise address provided in the form’s instructions to avoid processing delays. Using a trackable mailing service can provide confirmation that the IRS has received your submission.
If you are making a payment, you must include a check or money order, as cash is not accepted. The payment should be made payable to the “United States Treasury.” To ensure the payment is properly credited, write the taxpayer’s name, identification number, the tax year, and “Form 8892” on the front of the check or money order.
After the IRS receives the form, the six-month filing extension is automatic, so you will not receive any notification of approval.