IRS Form 8023 Elections Under Section 338 for Corporations Making Qualified Stock Purchases

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IRS Form 8023 Elections Under Section 338 for Corporations Making Qualified Stock Purchases

What Is IRS Form 8023?

This is a tax form that was released by the Internal Revenue Service (IRS) - a subdivision of the U.S. Department of the Treasury on November 1, 2016. Check the official IRS-issued instructions before completing and submitting the form.

FAQ

Q: What is IRS Form 8023?
A: IRS Form 8023 is a form used for making elections under Section 338 for corporations making qualified stock purchases.

Q: What is Section 338?
A: Section 338 refers to a provision in the Internal Revenue Code that allows corporations to elect to treat certain stock acquisitions as asset purchases for tax purposes.

Q: What is a qualified stock purchase?
A: A qualified stock purchase is when a corporation acquires at least 80% of the stock of another corporation.

Q: Why would a corporation make an election under Section 338?
A: A corporation may make an election under Section 338 to obtain certain tax benefits, such as stepped-up basis in the assets of the acquired corporation.

Q: What are some benefits of making an election under Section 338?
A: Some benefits of making an election under Section 338 include the ability to step up the basis of the acquired corporation's assets and increase the depreciable basis of those assets.

Q: When should IRS Form 8023 be filed?
A: IRS Form 8023 should be filed no later than the 15th day of the ninth month after the month in which the acquisition occurs.

Q: What happens if a corporation fails to file IRS Form 8023?
A: If a corporation fails to file IRS Form 8023, it may lose the opportunity to make an election under Section 338 and miss out on potential tax benefits.

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Form Details:

  • A 2-page form available for download in PDF;
  • Actual and valid for filing 2023 taxes;
  • Editable, printable, and free;
  • Fill out the form in our online filing application.

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Download IRS Form 8023 Elections Under Section 338 for Corporations Making Qualified Stock Purchases

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