Form 8892 (Rev. 12-2008)
Page 2
Where To File
File Form 8892 at the following address:
Department of the Treasury
Internal Revenue Service Center
Cincinnati, OH 45999
Private delivery services (PDSs). In addition to the United
States mail, you can use certain PDSs designated by the IRS
to meet the “timely mailing as timely filing/paying” rule for tax
returns and payments. These private delivery services include
only the following.
● Federal Express (FedEx): FedEx Priority Overnight, FedEx
Standard Overnight, FedEx 2Day, FedEx International Priority,
and FedEx International First.
● United Parcel Service (UPS): UPS Next Day Air, UPS Next
Day Air Saver, UPS 2nd Day Air, UPS 2nd Day Air A.M., UPS
Worldwide Express Plus, and UPS Worldwide Express.
The private delivery service can tell you how to get written
proof of the mailing date.
How To Complete the Form
Filing Form 709
You may file Form 709 any time before the extension expires.
But remember, Form 8892 does not extend the time to pay
taxes. If you do not pay the amount due by the original due
date, you will owe interest. You may also be charged
penalties.
Interest. You will owe interest on any tax not paid by the
original due date of your return even if you had a good reason
for not paying on time. The interest runs until you pay the tax.
Penalties. The late payment penalty is usually
1
⁄ 2 of 1% of
any tax not paid by the regular due date. It is charged for
each month or part of a month the tax is unpaid. The
maximum penalty is 25%.
Late filing penalty. A penalty is usually charged if your
return is filed after the due date (including extensions). It is
usually 5% of the tax not paid by the original due date for
each month or part of a month your return is late. The
maximum penalty is 25%. You might not owe the penalty if
you have reasonable cause for filing late. Attach a statement
to your Form 709, not Form 8892, explaining the reason.
Unless the donor has died, do not file this form before
January 1 of the year following the year of the gift tax return.
The form cannot be processed before then.
You might not owe the penalty if you had reasonable
cause for paying late. Attach a statement to your Form 709,
not Form 8892, explaining the reason.
● DHL Express (DHL): DHL Same Day Service, DHL Next
Day 10:30 am, DHL Next Day 12:00 pm, DHL Next Day 3:00
pm, and DHL 2nd Day Service.
General Instructions
Purpose of Form
Use Form 8892 for the following purposes:
● To make a payment of gift tax when you are applying for
an extension of time to file Form 709 (including payment of
any generation-skipping transfer (GST) tax from Form 709).
● To request an automatic 6-month extension of time to file
Form 709, when you are not applying for an extension of time
to file your individual income tax return using Form 4868,
Application for Automatic Extension of Time To File U.S.
Individual Income Tax Return, and
Form 8892 cannot be used for joint filings and can
only be filed by an individual taxpayer. If both you
and your spouse need to file Form 8892, use
separate forms and mail the forms in separate
envelopes.
Who Must File
Extending the time to file Form 709. You must use Form
8892 to request an extension of time to file Form 709 if you
are not applying for an extension of time to file your
individual income tax return using Form 4868.
Paying gift tax. An extension of time to file your Form 709
does not extend the time to pay the gift tax.
If you also expect to owe gift and/or GST tax, you must
use Form 8892 to send in your tax payment. If you do not
pay the gift tax by the original due date of the return
(generally, April 15), you will be charged interest and may be
charged penalties.
Paying tax. If you are filing Form 8892 to pay gift tax, file by
the due date for Form 709. Generally, this is April 15. See the
instructions for Form 709 for exceptions. If the due date falls
on a Saturday, Sunday, or legal holiday, you can file the
return on the next business day.
CAUTION
These same rules apply if you file Form 2350, Application
for Extension of Time to File U.S. Income Tax Return, rather
than Form 4868.
You can use the table at the beginning of page 1 to
determine whether to file Form 8892.
When To File
Extension of time to file. File Form 8892 by the regular due
date of Form 709.
IF you are extending...
THEN complete...
The time to file your Form 709
Parts I and II.
The time to file your Form 709
and making a gift tax payment
Parts I, II, and only boxes 1, 2,
and 3 of Part III.
The time to file your individual
income tax return and gift tax
return (Form 709) by using
Form 4868, and need to make
a gift tax payment
Part III in its entirety.
Note. If you obtained an automatic 6-month extension of time
to file your individual income tax return by using Form 4868,
the time to file your Form 709 is automatically extended. In
this case, you do not need to file Form 8892 to extend the
time to file Form 709. However, see Paying gift tax below, if
you expect to owe gift tax.
Section references are to the Internal Revenue Code unless
otherwise noted.