Article: 50210

Overview

Form 965-D is to be used by an eligible section 965(i) transferor and an eligible section 965(i) transferee to execute a transfer agreement pursuant to section 965(i)(2).

This form outlines the required information and representations necessary to satisfy the provisions of Regulations section 1.965-7(c)(3)(iv)(B)(4) in order to validly establish a transfer agreement under section 965(i)(2). When properly completed and filed by both the eligible transferor and transferee in connection with a covered triggering event, and in accordance with the form’s instructions, the submission will be treated as a duly executed transfer agreement under section 965(i)(2).

It should be noted, however, that the Commissioner retains the authority to review the transfer agreement and may request additional information or clarification. This may include, but is not limited to, details regarding the transferee’s financial capacity to satisfy the outstanding section 965(i) net tax liability. If the Commissioner determines that the agreement contains a material misrepresentation or omission, or if requested supplemental information is not provided within a reasonable period of time (as specified by the Commissioner), the agreement may be deemed invalid as of the date of the original triggering event.

Alternatively, the Commissioner may determine that a triggering event occurred as of the date the transfer agreement was identified to contain a material misrepresentation or omission.

Add Form 965-D

To add the Form 965-D:

1. Go to Federal Taxes.
2. Click Review.
3. Click I’d like to see the forms I’ve filled out or search for a form.
4. Enter Form 965 – D in the search box and click on Form 965 – D Transfer Agreement Under Section 965(i)(2) to add and open the form.
5. Enter your information and click Save.

Further Information

See About Form 965-D and/or Instructions for Form 965-D for more information.