[Code of Federal Regulations]
[Title 26, Volume 13]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR]

[Page 414-415]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
Procedure and Administration--Table of Contents
 
Sec.  1.6081-2  Automatic extension of time to file partnership return 
of income.

    (a) In general. A partnership required to file a return of income on 
Form 1065, U.S. Partnership Return of Income, for any taxable year will 
be allowed an automatic 3-month extension of time to file the return 
after the date prescribed for filing the return if an application under 
this section is filed in accordance with paragraph (b) of this section. 
In the case of a partnership described in Sec.  1.6081-5(a)(1), the 
automatic extension allowed under this section runs concurrently with an 
extension of time to file granted pursuant to Sec.  1.6081-5(a).
    (b) Requirements. In order to satisfy this paragraph (b), an 
application for an automatic extension under this section must be--
    (1) Submitted on Form 8736, Application for Automatic Extension of 
Time To File U.S. Return for a Partnership, REMIC or for Certain Trusts, 
or in any other manner as may be prescribed by the Commissioner;
    (2) Filed on or before the later of--
    (i) The date prescribed for filing the partnership return (without 
regard to any extensions of the time for filing such return); or
    (ii) The expiration of any extension of time to file granted such 
partnership pursuant to Sec.  1.6081-5(a); and
    (3) Filed with the Internal Revenue Service office designated in the 
application's instructions.
    (c) Payment of section 7519 amount. An automatic extension of time 
for filing a partnership return under this section does not extend the 
time for payment of any amount due under section 7519, relating to 
required payments for entities electing not to have a required taxable 
year.
    (d) Section 444 election. An automatic extension of time for filing 
a partnership return will run concurrently with any extension of time 
for filing a return allowed because of section 444, relating to the 
election of a taxable year other than a required taxable year.
    (e) Effect of extension on partner. An automatic extension of time 
for filing a partnership return under this section does not operate to 
extend the time for filing a partner's income tax return or the time for 
the payment of any tax due on the partner's income tax return.
    (f) Termination of automatic extension. The district director, 
including the Assistant Commissioner (International), or the director of 
a service center may terminate at any time an automatic

[[Page 415]]

extension by mailing to the partnership a notice of termination. The 
notice must be mailed at least 10 days prior to the termination date 
designated in such notice. The notice of termination must be mailed to 
the address shown on Form 8736 or to the partnerships's last known 
address. For further guidance regarding the definition of last known 
address, see Sec.  301.6212-2 of this chapter.
    (g) Penalties. See section 6698 for failure to file a partnership 
return.
    (h) Coordination with Sec.  1.6081-1. Except in undue hardship 
cases, no extension of time for filing a partnership return of income 
will be granted under Sec.  1.6081-1 until an automatic extension has 
been allowed pursuant to the provisions of this section.
    (i) Effective date. This section is effective for applications for 
an automatic extension of time to file a partnership return of income 
filed on or after December 31, 1996.

[T.D. 8703, 61 FR 69029, Dec. 31, 1996, as amended by T.D. 8939, 66 FR 
2819, Jan. 12, 2001]