What is Form 8822-B, do I need to worry about it with respect to my employee benefit plans and trusts, and do I have a March 1 deadline? Most benefit plan sponsors/administrators do not have to worry about this, but given that this topic is a little confusing, we thought we would share this explanation.

We need to step back and look at Code Section 6109, which sets forth requirements for taxpayer identification numbers (EINs), which are used for tax reporting purposes. A legal entity, such as a new company, uses a Form SS-4 to request an EIN.  The Form SS-4 indicates a “responsible party” and address for mailing tax notices. Last year, the IRS updated the regulations under Code Section 6109 to require an entity with an EIN to report change in the entity’s “responsible party.” Form 8822-B, Change of Address or Responsible Party — Business, is the form used to report these changes. The filing became mandatory with respect to responsible party changes, and voluntary with respect to mailing address changes, effective Jan. 1. The filing is done by mail, not electronically, and must be made within 60 days of the change. For any changes that occurred before Jan. 1 and were not previously reported to the IRS, a Form 8822-B filing is required by March 1.

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