What are Regulations section 1.6081-5?

Under Regulations section 1.6081-5, certain foreign and domestic corporations and partnerships are entitled to an automatic extension of time to file and pay. These entities do not need to file  Form 7004 to claim this extension.

Instead, they must file their return (or request an additional extension of time to file) and pay any balance due by the 15th day of the 6th month following the close of the tax year.

Who Qualifies for the Automatic Extension?

Entities eligible under Regulations section 1.6081-5 include:

• Partnerships that keep their books and records outside the United States and Puerto Rico.
• Foreign corporations that maintain an office or place of business in the United States.
• Domestic corporations that transact business and keep books and records of account outside the U.S. and Puerto Rico.
• Domestic corporations whose principal income is from sources within U.S. possessions.

Filing Requirements

To claim this automatic extension, the entity must attach a statement to its tax return indicating that it qualifies under Regulations section 1.6081-5.

If the entity cannot file its return by the 15th day of the 6th month after the close of the tax year, it may file Form 7004 to request an additional extension of time to file (but not to pay).

Additional Extension Periods

If approved, the additional extension periods are:

• 3 months — for partnerships and S corporations.
• 4 months — for C corporations and filers of Form 1120-POL.

Additional Resources

- IRS guidance on  Form 7004, Application for Automatic Extension of Time to File 
- More help available in our  support center .