Form 56-F, Notice Concerning Fiduciary Relationship of Financial Institution.

Form 56-F (Rev. 12-2007)

Page

General Instructions

When To File

Section references are to the Internal
Revenue Code unless otherwise noted.

Form 56-F must be filed with the IRS
within 10 days from the date the
fiduciary is appointed to act as a
receiver or conservator. In addition, it
should be filed in every subsequent tax
year that the fiduciary continues to act
as the receiver or conservator for that
financial institution for purposes of
section 6402(j).
If a Form 56-F has been filed for a
solvent financial institution by the
fiduciary and subsequently that financial
institution becomes insolvent, the
fiduciary should file a new Form 56-F
and check the box on line 7.
Note. A fiduciary (defined above), who
was appointed a fiduciary of a financial
institution prior to the issuance of Form
56-F and who still is a fiduciary for the
same financial institution, should file
Form 56-F with the IRS as soon as
possible.
A fiduciary (defined above), who may
have previously filed Form 56 for a
financial institution, and is still acting as
a fiduciary for the same institution,
should file a new Form 56-F as soon as
possible.

Purpose of Form
Use Form 56-F to notify the IRS of a
fiduciary relationship only if that
relationship is with respect to a financial
institution (such as a bank or a thrift).
Until you notify the IRS of the fiduciary
relationship, notices of tax liability sent
to the last known address of the
taxpayer, or transferee, subject to
liability are considered sufficient
compliance by the IRS with the
requirements of the Internal Revenue
Code. However, if the financial institution
is a member of a consolidated group,
the provisions of Regulations section
1.1502-77 apply to the extent not
modified by section 6402(j) and
Regulations section 301.6402-7.
In addition, the filing of Form 56-F is a
requirement to secure a refund pursuant
to section 6402(j) and Regulations
section 301.6402-7.
Section 6036 and Regulations section
301.6036-1 state that a notice is
required of a receiver in proceedings
other than bankruptcy, and other like
fiduciaries. Section 6402(j) and
Regulations section 301.6402-7 state
that a fiduciary of an insolvent financial
institution must file Form 56-F to secure
its position with respect to any refund
which may be available to a
consolidated group.
Section 6903 and Regulations section
301.6903-1 state that every person
acting in a fiduciary capacity must file a
written notice with the IRS.

Who Should File
Form 56-F should be filed instead of
Form 56, Notice Concerning Fiduciary
Relationship, by the federal agency
acting as a fiduciary (defined below) in
order to notify the IRS of the creation,
termination, or change in status of a
fiduciary relationship with a financial
institution.

Definition
Fiduciary. A fiduciary means the Federal
Deposit Insurance Corporation, or other
federal agency authorized by law to act
as a receiver or conservator of a
financial institution. The term also
includes any federal instrumentality,
subsidiary, or agency that is a
predecessor or successor of this agency
that is so authorized.

Where To File
For purposes of section 6402(j) and
section 6903 send Form 56-F to:
Internal Revenue Service Center
P.O. Box 934
Stop 1005
AUSC
Austin, TX 78767
For purposes of section 6036, send
Form 56-F to the Advisory Group
Manager, Advisory, Insolvency and
Quality (AIQ) Office, of the area office of
the IRS having jurisdiction over the
person for whom you are acting.

Specific Instructions
Part I—Identification
Lines 1–5. Provide all the requested
information concerning the financial
institution in this part.
Line 2. Section 6109 requires that the
taxpayer’s identification number must be
disclosed. The principal purpose is to
identify the financial institution for whom
you are acting.
Line 7. Check this box if the financial
institution is insolvent within the meaning
of 12 U.S.C. 191, 12 U.S.C.
1821(c)(5)(A), 12 U.S.C. 1464(d)(2)(A)(i),
12 U.S.C. 1464(d)(2)(C)(i) or any
applicable state law (or any successor
statute which adopts a substantially
similar statute).

2

Lines 9–13. Provide all the requested
information regarding the fiduciary in this
part. For example, on line 9 enter the full
name of the fiduciary (such as the
Federal Deposit Insurance Corporation
or similar federal agency).
Line 10. The contact person should be
the individual within the federal agency
who has the authority to handle all tax
matters on behalf of the financial
institution.
Lines 16–21. Provide all the requested
information in this part concerning the
common parent of a consolidated group
which includes (or included) the financial
institution (if applicable).
If the form is submitted in compliance
with the regulations under section
6402(j), the identification number of the
common parent should be disclosed.
If the financial institution was a
member of more than one consolidated
group during any year(s) to which the
fiduciary may claim a refund under
section 6402(j), then the fiduciary must
file a separate Form 56-F providing the
information on each parent.
Line 20. Check the box if a copy of the
form was sent to the appropriate
common parent in compliance with the
Regulations section 301.6402-7.

Part II—Authority
Check the appropriate box and attach a
copy of the appropriate order.

Part III—Tax Notices
All notices and other written
communications with regard to income,
employment, and excise taxes of the
financial institution will be addressed to
the fiduciary, with the exception of
notices sent to the common parent
under the provisions of Regulations
section 1.1502-77. Other notices and
written communications will be
addressed to the fiduciary only as
specified. For example, use this line to
identify a transferee tax liability under
section 6901.

Part IV—Revocation or
Termination of Notice
Complete this part if you are revoking or
terminating all prior notices concerning
fiduciary relationships on file with the
IRS for the same tax matters and years
or periods covered by this notice
concerning fiduciary relationship.

Signature
Sign Form 56-F and enter the title
describing your role as a fiduciary
(receiver or conservator).