Other Forms That May — Instruction 1120-REIT

In addition to Form 1120-REIT, the REIT may have to file some of the following forms.

Form 2439, Notice to Shareholder of Undistributed Long-Term Capital Gains, must be completed and a copy given to each shareholder for whom the REIT paid tax on undistributed net long-term capital gains under section 857(b)(3)(C).
Form 3520, Annual Return To Report Transactions With Foreign Trusts and Receipt of Certain Foreign Gifts, is required either if the REIT received a distribution from a foreign trust or if the REIT was a grantor of, transferor of, or transferor to a foreign trust that existed during the tax year. See Question 5 of Schedule N (Form 1120).
Form 5471, Information Return of U.S. Persons With Respect to Certain Foreign Corporations, is required if the REIT is a U.S. shareholder of a controlled foreign corporation, a specified foreign corporation, or otherwise subject to the reporting requirements of section 6038 or 6046, and the related regulations.
Form 5472, Information Return of a 25% Foreign-Owned U.S. Corporation or a Foreign Corporation Engaged in a U.S. Trade or Business. This form is filed if the REIT is 25% or more foreign owned. See the instructions for Schedule K, Question 5, later.
Form 6198, At-Risk Limitations. Use this form if a REIT is closely held, as described in section 465(a)(1)(B), and (1) directly or indirectly has any amounts not at risk that are invested in an at-risk activity that incurred a loss; or (2) engages in certain activities and has borrowed amounts not at risk. See section 465 and the Instructions for Form 6198.
Form 7205, Energy Efficient Commercial Buildings Deduction. Use Form 7205 to calculate and claim the deduction under section 179D for qualifying energy efficient commercial buildings placed in service during the tax year.
Form 8275, Disclosure Statement, and Form 8275-R, Regulation Disclosure Statement, are used to disclose items or positions taken on a tax return that are not otherwise adequately disclosed on a tax return or that are contrary to Treasury regulations (to avoid parts of the accuracy-related penalty or certain preparer penalties).
Form 8300, Report of Cash Payments Over $10,000 Received in a Trade or Business. Use this form to report the receipt of more than $10,000 in cash or foreign currency in one transaction or a series of related transactions.
Form 926, Return by a U.S. Transferor of Property to a Foreign Corporation, is filed to report certain transfers to foreign corporations under section 6038B.
Form 966, Corporate Dissolution or Liquidation, is used to report the adoption of a resolution or plan to dissolve the corporation or liquidate any of its stock.
Form 976, Claim for Deficiency Dividends Deductions by a Personal Holding Company, Regulated Investment Company, or a Real Estate Investment Trust, is used to claim a deduction for deficiency dividends. See section 860 and the related regulations.
Form 1042, Annual Withholding Tax Return for U.S. Source Income of Foreign Persons; Form 1042-S, Foreign Person’s U.S. Source Income Subject to Withholding; and Form 1042-T, Annual Summary and Transmittal of Forms 1042-S. Use these forms to report and send withheld tax on payments or distributions made to nonresident alien individuals, foreign partnerships, or foreign corporations to the extent these payments constitute gross income from sources within the United States (see sections 861 through 865).

Also, see sections 1441 and 1442, and Pub. 515, Withholding of Tax on Nonresident Aliens and Foreign Entities.

Form 1099-DIV, Dividends and Distributions. Use this form to report certain dividends and distributions.
Form 8612, Return of Excise Tax on Undistributed Income of Real Estate Investment Trusts, is filed if the REIT is liable for the 4% excise tax on undistributed income imposed under section

Form 8621, Information Return by a Shareholder of a Passive Foreign Investment Company or Qualified Electing Fund, is required if the REIT is a direct or indirect shareholder of a passive foreign investment company, as defined in section 1297(a).
Form 8810, Corporate Passive Activity Loss and Credit Limitations. Use this form if a REIT is closely held, as described in section 469(j)(1), and has losses or credits from passive activities. See section 469, the related regulations, and the Instructions for Form 8810.
Form 8865, Return of U.S. Persons With Respect To Certain Foreign Partnerships. A REIT may have to file Form 8865 if it:

Controlled a foreign partnership (that is, owned more than a 50% direct or indirect interest in the partnership).
Owned at least a 10% direct or indirect interest in a foreign partnership while U.S. persons controlled that partnership.
Had an acquisition, disposition, or change in proportional interest in a foreign partnership that:

Increased its direct interest to at least 10% or reduced its direct interest of at least 10% to less than 10%.
Changed its direct interest by at least a 10% interest.

Contributed property to a foreign partnership in exchange for a partnership interest if:

Form 2438, Undistributed Capital Gains Tax Return, must be filed by the REIT if it designates undistributed net long-term capital gains under section 857(b)(3)(C).

6 Instructions for Form 1120-REIT (2025)

Immediately after the contribution, the REIT owned, directly or indirectly, at least a 10% interest in the foreign partnership; or
The FMV of the property the REIT contributed to the foreign partnership in exchange for a partnership interest, when added to other contributions of property made to the foreign partnership during the preceding 12-month period, exceeds $100,000.

Also, the REIT may have to file Form 8865 to report certain dispositions by a foreign partnership of property it previously contributed to that foreign partnership if it was a partner at the time of the disposition. For more details, including penalties for failing to file Form 8865, see Form 8865 and its separate instructions.

Form 8875, Taxable REIT Subsidiary Election, is filed jointly by a corporation and a REIT to have the corporation treated as a taxable REIT subsidiary.
Form 8927, Determination Under Section 860(e)(4) by a Qualified Investment Entity. Use Form 8927 to make a determination under section 860(e)(4) and to establish the date of determination for purposes of making a deficiency dividend distribution.
Form 8937, Report of Organizational Actions Affecting Basis of Securities. Use this form when any organizational action affects the basis of holders of either a security or a class of the security. For example, a REIT may use this form in connection with transactions such as a nontaxable cash or stock distribution to shareholders, or a conversion rate adjustment on a convertible debt instrument that results in a distribution under section 305(c). However, a REIT that reports undistributed capital gains to shareholders on Form 2439 can satisfy the organizational action reporting requirements for those undistributed gains if the REIT timely files and gives Form 2439 to all proper parties for the organizational action. For more information, see the Instructions for Form 8937.
Form 8975, Country-by-Country Report. Certain U.S. persons that are the ultimate parent entity of a U.S. multinational enterprise group with annual revenue for the preceding reporting period of $850 million or more are required to file Form 8975. Form 8975 and its Schedules A (Form 8975) must be filed with the income tax return of the ultimate parent entity of a U.S. multinational enterprise group for the tax year in or within which the reporting period covered by Form 8975 ends. The first required reporting period for an ultimate parent entity is the 12-month reporting period that begins on or after the first day of a tax year of the ultimate parent entity that begins on or after June 30, 2016. For more information, see Form 8975, Schedule A (Form 8975) and the Instructions for Form 8975 and Schedule A (Form 8975).
Form 8990, Limitation on Business Interest Expense Under Section 163(j). Use this form to calculate the amount of business interest expense you can deduct and the amount to carry forward to the next year.
Form 8992, U.S. Shareholder Calculation of Global Intangible Low-Taxed Income (GILTI). Use this form to figure the domestic corporation’s GILTI under section 951A and attach it to Form 1120-REIT.
Form 8996, Qualified Opportunity Fund. Use this form to certify that the REIT organized as a qualified opportunity fund (QOF) to invest in qualified opportunity zone property. In addition, a QOF REIT files Form 8996 annually to report that it meets the 90% investment standard of section 1400Z-2 or to compute the penalty if it fails to meet the investment standard.
Form 8997, Initial and Annual Statement of Qualified Opportunity Fund (QOF) Investments. Use this form to report investments in one or more QOFs. Report the amount of deferred gains invested in QOFs for the current tax year, which include capital gains deferred and invested in QOFs and disposal investments in QOFs, and the amount of deferred gains invested in QOFs at the end of the current tax year.