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For the latest information about developments related to Form 8937 and its instructions, such as legislation enacted after they were published, go to .irs.gov/form8937.
Reporting is accomplished by filing Form 8937 with the IRS within 45 days of an organizational action (or by January 15th of the following year, if earlier), and also providing the same form (or a similar statement) to the affected shareholders by January 15th of the following year.
The penalty imposed under section 6721(a) for a failure to file timely or for a failure to include correct information will be $100 in lieu of $250 if the failure is corrected after the 30-day period described in paragraph (b)(1) of this section but on or before August 1 of the year in which the required filing date
Penalty for filing a Form 1065 late Per the IRS, The penalty is $235 for each month or part of a month (for a maximum of 12 months) the failure continues, multiplied by the total number of persons who were partners in the partnership during any part of the partnerships tax year for which the return is due.
Penalty Computation: You may be subject to a penalty of $10,000 for each failure to file a complete and correct Form 5471 by the due date.
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Regulated Investment Companies (mutual funds) are required to report on Internal Revenue Service (IRS) Form 8937 organizational actions that affect the basis of the securities involved in an organizational action.
The second is the shareholder statement (or copy of Form 8937) that is due by January 15 of the following calendar year to all affected shareholders. Each obligation is subject to a $100 failure-to-file penalty per form, but is generally limited to a $1.5 million cap per year for each corporate issuer.
File Form 8937 when an organizational action affects the basis of holders of a security or holders of a class of the security. For example, you must file Form 8937 if you make a nontaxable cash distribution to shareholders or if you make a nontaxable stock distribution to shareholders, including a stock split.

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