Form 8918 Fax Number: Filing a Material Advisor Disclosure

An open briefcase with papers, beside a clipboard with a ticked list
Table of Contents
  1. Are you a material adviser?
  2. Gross income thresholds
  3. When it’s due
  4. Sending it
  5. After you file: the reportable transaction number
  6. Penalties for not filing
  7. Filing on a protective basis
  8. How to fax Form 8918
  9. Sources and IRS references

Quick answer: Fax Form 8918 to the IRS Office of Tax Shelter Analysis (OTSA) on 1-844-253-5607, toll-free. The line takes Form 8918 and its attachments only, up to 100 pages a fax. Send one Form 8918 per fax, signed, with a cover sheet headed “Subject: Form 8918” and no EIN or SSN on it. Keep your fax transmission log: the IRS says it won’t send a fax confirmation.

Form 8918, the Material Advisor Disclosure Statement, is how an adviser tells the IRS about a reportable transaction they helped with. It replaced Form 8264. The taxpayer who takes part in the transaction files its own disclosure, Form 8886; Form 8918 is the adviser’s side.

Are you a material adviser?

You are if both tests apply to the same transaction: you provide material aid, assistance or advice on it, and you receive, or expect to receive, gross income above the threshold for that kind of transaction.

Gross income thresholds

Per transaction. The lower figures apply to listed transactions; transactions of interest may have reduced thresholds set in their own guidance.

Transaction Threshold If it’s a listed transaction
Substantially all the tax benefits go to individuals (generally 70% or more) $50,000 $10,000
All other transactions $250,000 $25,000

When it’s due

By the last day of the month after the end of the calendar quarter in which you became a material adviser. Become one in February, for example, and the quarter ends on 31 March, so Form 8918 is due by 30 April.

If several advisers worked on the same transaction, they can agree in writing that one of them files for the group. That agreement doesn’t protect the others if the designated adviser doesn’t file on time.

Sending it

The IRS’s page on faxing Form 8918 adds three rules: send only one Form 8918 per fax, sign it before you fax it, and keep a copy of your fax transmission log, because the IRS won’t provide a fax confirmation of receipt. (The form’s instructions mention a receipt confirming submission; for a fax, plan on the log being your only proof.)

After you file: the reportable transaction number

The IRS gives the transaction a reportable transaction number, and you have to pass it to every taxpayer and material adviser you advised on it. If they entered the transaction before you received the number, you have 60 calendar days from the date the number was mailed to you. The number doesn’t mean the IRS has reviewed the transaction.

Keep the list. A material adviser has to keep a list of everyone they advised on the transaction, for seven years, and hand it over within 20 business days of a written IRS request. Miss that and the penalty is $10,000 for each day after the 20th business day.

Penalties for not filing

Under section 6707, failing to file a complete and timely Form 8918 costs $50,000 for a reportable transaction. For a listed transaction it’s the greater of $200,000 or 50% of the gross income from the advice, rising to 75% if the failure was intentional.

Filing on a protective basis

Not sure the transaction needs disclosing? You can file protectively: answer “Yes” at item B and explain on line 6a why the filing is protective. The form still has to be complete.

How to fax Form 8918

  1. Complete Form 8918 in full, with the attachments it calls for.
  2. Add a cover sheet with the subject “Form 8918” and the page count, and nothing sensitive. Our fax cover sheet generator makes one.
  3. Check the total is 100 pages or fewer.
  4. Fax it to 1-844-253-5607 by the end of the month after the quarter you became a material adviser.
  5. Keep the fax transmission log; it’s your proof, because the IRS won’t send a confirmation.

Firms filing several of these can fax straight from email with EveryFax, which has a two-week trial. Municorn Fax sends a single filing from a phone or computer and keeps the confirmation; your first single-page test fax is free.

Does every adviser on the deal have to file Form 8918?
Each material adviser has the obligation, but the advisers can designate one of them in a written agreement to file for all. If that adviser fails to file on time, the others are still on the hook.
Is the fax number the same as the one for Form 8886?
No. OTSA has a separate fax for the taxpayer’s Form 8886 initial-year copy, and the IRS says it won’t process anything sent to either line that isn’t the form it’s for.
Does getting a reportable transaction number mean the IRS has approved the transaction?
No. The instructions say receiving the number doesn’t indicate the IRS has reviewed the transaction.

Faxing another IRS form? See our list of IRS fax numbers, including the forms sent by businesses and tax professionals.

Sources and IRS references

Send or Receive Fax in Minutes