IRS Form 8918 is a specialized disclosure document for material advisors involved with tax shelter transactions. It gives advisors a formal mechanism to notify the IRS of their involvement with potentially abusive or complex tax transactions, a proactive regulatory tool advisors use to document their participation and keep their advisory activities transparent to tax authorities.

Filing Form 8918 does three things:
This is a current IRS procedure for faxing Form 8918 in place of mailing it, in effect "until further notice." You must sign the form before faxing it, the IRS will not accept an unsigned copy. Send only one Form 8918 per fax, up to a maximum of 100 pages, with a cover sheet listing the subject, your name, title, phone number, and address, the material advisor's name, the date, and the total page count (no EIN or SSN on the cover sheet). The IRS does not provide a fax confirmation or receipt, so keep your own transmission log. After processing, the IRS mails a Letter 4373 with your reportable transaction number, which you must then pass on to every taxpayer and material advisor you acted for.
As a material advisor, you're required to disclose each reportable transaction on a signed Form 8918 within a set window after taking on the engagement. Fax.Plus lets you sign, send, and confirm delivery of that disclosure statement straight from your computer, phone, or email, giving you a timestamped record to keep alongside the reportable transaction number the IRS sends you afterward, since the IRS itself does not provide a fax confirmation.
Under Section 6707, the penalty is $50,000 for a reportable transaction that isn't a listed transaction. For a listed transaction, the penalty is the greater of $200,000, or 50% of the gross income you received for advising on the transaction, rising to 75% if the failure was intentional.
Yes. Under Section 6112, a material advisor must maintain a list identifying each person or entity advised on a reportable transaction, kept for 7 years. If the IRS requests the list in writing and you don't provide it within 20 business days, the penalty is $10,000 for each additional day of delay.
The IRS mails you a Letter 4373 containing a reportable transaction number. You're then required to pass that number on to every taxpayer and other material advisor you acted for on that transaction, either when they enter into it or within 60 calendar days of receiving the number, whichever is later.
By the last day of the month following the calendar quarter in which you became a material advisor for the reportable transaction, or in which circumstances arise requiring an amended disclosure.
They can designate a single material advisor, by written agreement, to file on behalf of all of them. That designation doesn't remove the other advisors' own obligation to disclose, though, if the designated advisor fails to file on time, every material advisor party to the agreement is still on the hook.
Advising on a reportable transaction brings its own disclosure paperwork. Here's what else comes up around material advisor filings and IRS compliance faxes.
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