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Form 8954 Question

Has anyone completed one?

         

vegasrick

9:25 pm on Mar 24, 2019 (gmt 0)

10+ Year Member Top Contributors Of The Month



Has anyone ever completed a Form 8954 with respect to a website sale?

I've never done one before, and several accountants I've visited have no knowledge on the proper way to complete with respect to a website sale.

There was never an allocation agreement in the acquisition contract, they just placed a lump sum on the entire purchase and I found out at the last minute that the other side was filing this form.

They basically purchased the domains, web pages which make up the site, website database, social media accounts and trademark - all intangible items under Section VI, I suppose. There was never a sum placed on the non-compete (just a clause in the contract).

The IRS website says the forms on both sides need to be consistent, but I have no idea what they listed on their form and I was told by an attorney that they are not under an obligation to supply me with their form. I've asked for it, have yet to receive an answer.

The kicker, if the forms of both sides are in conflict on how the sale is allocated, it could trigger an audit for both sides.

LifeinAsia

11:06 pm on Mar 24, 2019 (gmt 0)

WebmasterWorld Administrator 10+ Year Member Top Contributors Of The Month



I was told by an attorney that they are not under an obligation to supply me with their form.
if the forms of both sides are in conflict on how the sale is allocated, it could trigger an audit for both sides.

Not sure if it was their attorney that told you this (first quote), but if so it could be viewed as serious negligence. Not sure who stands to lose more by being audited, but it seems like it would be in their best interest to make sure you're both on the same page.

Sorry, but I have no experience with Form 8954, so can't offer any other guidance.

vegasrick

11:31 pm on Mar 24, 2019 (gmt 0)

10+ Year Member Top Contributors Of The Month



It was an attorney I called for advice. He said because there was never an allocation agreement, I could make a request from them for a copy of that form and they may not respond or supply me with one. I asked him if there was a legal position I could take to get it, and he said "not really" - but at the same time he said it's to their benefit that both forms are consistent.