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Official form guide
Form 965E: Consent Agreement Under Section 965(i)(4)(D)
IRS Form 965-E is a Consent Agreement Under Section 965(i)(4)(D) that allows taxpayers to obtain consent to make a section 965(h) election. The original must be mailed within 30 days of the triggering event.
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IRS Form 965E - Consent Agreement Under Section 965(i)(4)(D)
IRS Form 965-E is a Consent Agreement Under Section 965(i)(4)(D) that allows taxpayers to obtain consent to make a section 965(h) election. The original must be mailed within 30 days of the triggering event.
Risk Radar
Scan points- 1Failing to file within 30 days of the triggering event means the consent agreement is not timely filed.
- 2Filing without the correct date for the section 965(i)(2)(A)(ii) triggering event in Part III, Line 1.
- 3Not listing each shareholder's own Form 965-E when multiple shareholders exist.
- 4Omitting the required duplicate copy of Form 965-E attached to the tax return.
- 5Failing to enter the exact dollar amount of the unpaid section 965(i) net tax liability in Part IV, Line 3.
Plain English
This form lets a shareholder ask the IRS for permission to make a specific tax choice (a section 965(h) election). This is necessary because certain foreign corporations they own require them to include extra income. If this consent is granted, the taxpayer avoids paying the full net tax liability immediately.
Submission Date
- Filing date: 2020-01-27 22:10:26
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
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What this form is for
- Use this form when an S corporation shareholder has an outstanding section 965(i) net tax liability and a section 965(i)(2)(A)(ii) triggering event occurs, requiring consent to make a section 965(h) election.
- Do not use Form 965-E when the shareholder is not an S corporation shareholder with an outstanding section 965(i) net tax liability related to a section 965(i)(2)(A)(ii) triggering event.
- Check Form 965-E instead when you are filing for consent under Section 965(i)(4)(D) and need to make the required section 965(h) election.
Form selector
Use this form or another form?
Shareholder is an entity, not an individual
The form must be filed by each shareholder individually; the S corporation cannot file on their behalf.
✓ Confirm Part I details match the shareholder.
Triggering event occurred but no section 965(i) net tax liability exists
While Form 965-E is for obtaining consent when a liability *exists*, this form is used to document that need.
✓ Ensure Line 3 reflects zero if no liability remains unpaid.
Not stated in the official source
The S corporation itself needs to make the election (not an individual shareholder)
Each shareholder must file its own Form 965-E; the S corporation cannot file on behalf of all shareholders.
✓ Verify Part II details match the specific S corporation involved.
Not stated in the official source
Deadline or filing window
The original Form 965-E must be mailed within 30 days of the section 965(i)(2)(A)(ii) triggering event. No extension of time to file this form will be granted, and relief under Regulations section 301.9100-2 or 301.9100-3 is unavailable.
Checklist
What you need before filling it out
Shareholder Name
The name of the shareholder · Part I
Triggering Event Date
The date of the triggering event · Part III, Line 1
Unpaid Tax Liability Amount
The amount of section 965(i) net tax liability remaining unpaid · Part IV, Line 3
Payment Ability Check (Line 5)
Check 'Yes' or 'No' regarding ability to pay under section 965(h) · Part V, Line 5
Leverage Ratio Check (Line 6)
Check 'Yes' if leverage ratio exceeds three to one · Part V, Line 6
Filer Requirement
An S corporation shareholder with an outstanding section 965(i) net tax liability and a triggering event · Instructions p.1
Before you submit
- 1Confirm the revision date on Form 965-E reads December 2019.
- 2Verify Part I accurately lists the Shareholder's name and Taxpayer identification number.
- 3Enter a detailed description of the triggering event in Part III, Line 2.
- 4Ensure the amount entered on Part IV, Line 3 is the unpaid section 965(i) net tax liability.
- 5Check 'Yes' or 'No' for payment ability on Part V, Line 5 based on requirements under Regulations section 1.965-7(b).
- 6Determine and check 'Yes' or 'No' on Part V, Line 6 regarding the leverage ratio exceeding three to one.
- 7Confirm that a duplicate copy of Form 965-E is attached to the shareholder's tax return for the relevant year.
How to file this form
- 1Complete Part I with the Shareholder’s information, including name and Taxpayer identification number.
- 2Fill out Part III by entering the date of the triggering event (Line 1) and providing a detailed description in Line 2.
- 3Report the unpaid section 965(i) net tax liability on Part IV, Line 3, and state when the next installment payment is due on Line 4.
- 4Complete Part V by checking whether the shareholder can make payments (Line 5) and confirming if the leverage ratio exceeds three to one (Line 6).
- 5Mail the original Form 965-E to Memphis CSCO within 30 days of the triggering event date, ensuring it is properly addressed.
- 6Attach a duplicate copy of Form 965-E to the shareholder's tax return for the year the triggering event occurred, filing by the due date.
Known limitations
- 1Each shareholder must file its own Form 965-E to obtain consent to make a section 965(h) election.
- 2An S corporation cannot file Form 965-E or make section 965(h) elections on behalf of its shareholders.
- 3Form 965-E is used when an S corporation shareholder has an outstanding section 965(i) net tax liability with respect to which a section 965(i)(2)(A)(ii) triggering event has occurred.
Field map
Compact field-by-field guide
General Info
2 items
Full legal name and taxpayer identification number (SSN or EIN).
Current mailing address.
Details
2 items
Complete all applicable sections of this form according to the official IRS instructions.
Enter the relevant dollar amount if this form involves tax calculation.
Certification
1 items
Read and acknowledge any certifications required by this form.
Signatures
1 items
Sign and date. Unsigned forms cannot be processed.
Almost done reviewing the fields?
Fillable formOpen in Editor->The current edition is December 2019, and instructions direct users to IRS.gov/Form965E for the latest information regarding developments related to Form 965-E.
What changed or needs a fresh check
- Edition date — confirm the revision date reads December 2019.
- Mailing address — confirm the original Form 965-E must be mailed to Memphis CSCO, 5333 Getwell Road MS 81, Memphis, TN 38118.
- Filing deadline — confirm the original must be mailed within 30 days of the section 965(i)(2)(A)(ii) triggering event.
- Attachment requirement — confirm a duplicate copy must be attached to the shareholder's tax return for the year the event occurs.
- Leverage Ratio threshold — confirm Line 6 requires checking 'Yes' if the leverage ratio exceeds three to one.
Quick Facts
Downloads
After you file
- 1The original Form 965-E must be mailed to IRS Memphis Compliance Service Collection Operations.
- 2Shareholders must attach a duplicate copy of Form 965-E to their tax return for the year the triggering event occurs, filing it by the due date for that return (including extensions).
- 3Books or records relating to Form 965-E and its instructions must be retained as long as their contents may become material in the administration of any Internal Revenue law.
- 4The form will only be considered timely filed if it is received within 30 days of the section 965(i)(2)(A)(ii) triggering event.
Sources
- SRCInstructions p.1 — Form 965-E should be used by a shareholder in an S corporation who has an outstanding section 965(i) net tax liability with respect to which a section 965(i)(2)(A)(ii) triggering event has occurred to obtain consent to make a section 965(h) election.
- SRCInstructions p.1 — The filing deadline for the original Form 965-E is within 30 days of the section 965(i)(2)(A)(ii) triggering event.
- SRCInstructions p.1 — If you do not properly make the section 965(h) election, you will be required to pay the full amount of the section 965(i) net tax liability with respect to which the triggering event occurred for the year the triggering event occurred.
- SRCInstructions p.2 — The original Form 965-E must be mailed to Memphis CSCO 5333 Getwell Road MS 81 Memphis, TN 38118.
- SRCInstructions p.2 — A duplicate copy of Form 965-E must be attached to the shareholder's tax return for the year during which the section 965(i)(2)(A)(ii) triggering event occurs, filed by the due date for such return (with regard to any extension of time to file).
- SRCInstructions p.1 — The form is used to obtain consent to make a section 965(h) election as required by section 965(i)(4)(D) and Regulations section 1.965-7(c)(3)(v)(D)(1).
- SRCForm p.1 — Part I requires the Name, Taxpayer identification number, Address, City/town, state/province, country, and ZIP or foreign postal code of the Shareholder.
- SRCInstructions p.2 — On Part V, Line 6, check 'Yes' if the leverage ratio immediately after the triggering event exceeds three to one.
Common confusion points
Who must file Form 965-E?
An S corporation shareholder with an outstanding section 965(i) net tax liability related to a specific triggering event.
→ Check if the taxpayer is an S corporation shareholder.
What does 'triggering event' mean for an S corporation?
It means liquidation, sale, exchange, or other disposition of substantially all assets; cessation of business; or the S corporation ceasing to exist.
→ Verify that one of these three specific events occurred.
When must I mail the original Form 965-E?
Within 30 days of the section 965(i)(2)(A)(ii) triggering event.
→ Confirm the date of the triggering event and count forward exactly 30 days.
What happens if I don't file properly?
The shareholder will be required to pay the full amount of the section 965(i) net tax liability for the year the triggering event occurred.
→ Check that all sections (Part I, II, III) are complete and signed before mailing.
When is Form 965-E considered timely filed?
Only if it is filed within 30 days of the date the section 965(i)(2)(A)(ii) triggering event occurs.
→ Do not rely on an extension filing status; check the actual date of the event.
What must I do regarding payments under Section 965(h)?
On Part V, Line 5, check 'Yes' if the shareholder can make the required payments, and check 'Yes' or 'No' on Line 6 based on the leverage ratio exceeding three to one.
→ Review the instructions for how the leverage ratio is calculated.
Workflow map
Related forms and next steps
Before
Current
After
Often used with
⚠ If something goes wrong
- No specific correction form is named in the excerpt, but filing an amended return would likely be necessary.
Questions about IRS Form 965E
What is IRS Form 965E used for?
This form lets a shareholder ask the IRS for permission to make a specific tax choice (a section 965(h) election). This is necessary because certain foreign corporations they own require them to include extra income. If this consent is granted, the taxpayer avoids paying the full net tax liability immediately.
Who must file IRS Form 965E?
An S corporation shareholder with an outstanding section 965(i) net tax liability related to a section 965(i)(2)(A)(ii) triggering event must file Form 965-E. Each individual shareholder must file their own Form 965-E.
What information does IRS Form 965E require?
Part I collects the shareholder's identifying information, Part II details the S corporation involved, Part III describes the specific section 965(i)(2)(A)(ii) triggering event, and Part IV reports the unpaid net tax liability amount for which consent is sought.
When is IRS Form 965E due?
The original Form 965-E must be mailed within 30 days of the section 965(i)(2)(A)(ii) triggering event. No extension of time to file this form will be granted.
Where do I file IRS Form 965E?
The original Form 965-E must be mailed to the IRS’s Memphis Compliance Service Collection Operations at Memphis CSCO, 5333 Getwell Road MS 81, Memphis, TN 38118. A duplicate copy must also attach to the shareholder's tax return.
How do I complete IRS Form 965E?
First, complete Part I with shareholder details, then fill out Part II for the S corporation information. Next, detail the trigger date and description in Part III, followed by the liability amount and first payment due date in Part IV. Finally, the shareholder must sign, date, print their name and title, and provide an email/phone number.
What happens if IRS Form 965E is filed incorrectly?
If Form 965-E is not filed within 30 days of the section 965(i)(2)(A)(ii) triggering event, it will not be considered timely filed. If the Commissioner finds a material misrepresentation or omission, they may reject the agreement.
Who must file Form 965-E?
An S corporation shareholder with an outstanding section 965(i) net tax liability related to a specific triggering event. Check if the taxpayer is an S corporation shareholder.
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