IRS Form 8947 – IRS Forms, Instructions, Pubs 2026 – Manufacturers and importers of branded prescription drugs face a unique federal reporting obligation tied to the Affordable Care Act’s Branded Prescription Drug (BPD) Fee. IRS Form 8947, officially titled Report of Branded Prescription Drug Information, is the voluntary but highly strategic tool used to submit critical data that directly influences fee calculations.
This comprehensive guide—based exclusively on current IRS.gov resources, the Internal Revenue Manual (updated February 26, 2025), and official regulations (26 CFR Part 51)—explains everything covered entities need to know about Form 8947 in 2026, including who files it, what to report, exact deadlines, and filing instructions.
What Is IRS Form 8947?
Form 8947 is the official IRS information return that covered entities (manufacturers or importers of branded prescription drugs) use to report data for the annual BPD fee imposed under IRC Section 9008.
Key facts about the current form:
- Revision date: September 2018 (still the active version as of 2026)
- Official download: https://www.irs.gov/pub/irs-pdf/f8947.pdf
- It is voluntary to submit, but providing accurate data helps ensure the IRS calculates the most precise fee for your entity or controlled group.
The IRS uses the submitted data to compile a list of branded prescription drugs by National Drug Code (NDC), adjust sales figures for Medicaid state supplemental rebates and Section 45C orphan drug exclusions, and allocate the annual fee among all covered entities.
Who Must (or Should) Submit Form 8947?
Any covered entity engaged in the business of manufacturing or importing branded prescription drugs sold to (or covered under) specified government programs may submit Form 8947. These programs include:
- Medicare Part B and Part D
- Medicaid
- Department of Veterans Affairs (VA) programs
- Department of Defense (DOD) programs
- TRICARE retail pharmacy program
For controlled groups (treated as a single covered entity under the regulations), one Form 8947 is filed on behalf of the entire group by a designated entity (either an agent of an affiliated group filing a consolidated return or another designated person).
Submission is not mandatory, but the IRS strongly encourages it because the data you provide can:
- Reduce your fee through proper rebate and orphan-drug adjustments
- Ensure accurate NDC listings
- Establish or update your designated entity for communications and payment
Purpose of Form 8947 in the Branded Prescription Drug Fee
The BPD fee is an annual non-deductible excise fee on the aggregate sales of branded prescription drugs to the government programs listed above. The total “applicable amount” is fixed each year (currently $2.8 billion for 2019 and subsequent years).
The fee for each covered entity =
(Your adjusted BPD sales taken into account ÷ Aggregate adjusted BPD sales of all covered entities) × Applicable amount
Form 8947 supplies the raw data the IRS needs to:
- Identify every relevant NDC
- Subtract Medicaid state supplemental rebates
- Exclude qualifying Section 45C orphan drugs
- Determine controlled-group membership and the designated payer
Accurate reporting on Form 8947 directly affects your preliminary fee notice (Letter 4657, sent by March 1 of the fee year) and final fee notice (Letter 4658, sent by August 31).
Key Information Reported on IRS Form 8947
The form is structured with a main page plus multiple schedules:
Page 1
- Filer type (first-time, subsequent with/without changes)
- Single-person or designated entity
- Sales year (e.g., 2024 for the 2026 fee year)
- Entity name, EIN, address
- Part I: List of all controlled-group members (EIN, name, address)
Schedule A (First-time filers only)
Full list of every 11-digit NDC, plus for each:
- Medicaid state supplemental rebate amount (or -0-)
- Latest tax year Section 45C orphan drug credit was allowed (yyyy)
- Orphan drug name (if applicable)
- FDA approval date for non-orphan indication (if applicable)
Schedule B (Subsequent filers)
- Section I: NDC additions (new NDCs or newly acquired members)
- Section II: NDC deletions
Schedule C
Orphan-drug status changes for previously reported NDCs
Schedule D
Medicaid state supplemental rebate updates for previously reported NDCs
Page 7 Summary & Signature
- Totals of members, NDCs, rebates
- Official signature under penalties of perjury
- Optional alternate contact person designee
Form 8947 Filing Deadline (2026 and Future Years)
Deadline: November 1 of the year preceding the fee year (i.e., the year after the sales year).
Examples:
- For 2026 fee year (sales year 2024) → File by November 1, 2025
- For 2025 fee year (sales year 2023) → Filed by November 1, 2024 (as noted in current IRS guidance)
If November 1 falls on a weekend or legal holiday, the deadline moves to the next business day (per IRC § 7503).
Important: The form reports data for the sales year, not the fee year.
How to Complete and File Form 8947 (Step-by-Step)?
- Download the fillable PDF from the official IRS link above.
- Determine your filer type and controlled-group status.
- Gather all 11-digit NDCs, rebate records, and orphan-drug documentation for the relevant sales year.
- Complete the appropriate schedules (use additional pages as needed; number them sequentially).
- Complete the summary on page 7.
- Sign and date the form.
- Mail in a flat envelope (do not fold, staple, or tape).
Mailing Address (current as of 2025 IRM):
Department of Treasury
Internal Revenue Service
1973 Rulon White Boulevard
Mail Stop 4916 BPDF
Ogden, UT 84201-0051
The form must be paper-filed and physically signed. No electronic filing option exists.
After You File: What Happens Next?
- IRS transcribes data into the BPD system and compiles the master NDC list.
- You receive a preliminary fee calculation (Letter 4657) by March 1 of the fee year.
- You may submit an error report by May 15 if corrections are needed.
- Final fee notice (Letter 4658) arrives by August 31.
- Payment is due by September 30 of the fee year via electronic funds transfer (using the designated entity’s EIN).
All members of a controlled group are jointly and severally liable for the fee.
Frequently Asked Questions
- Is submission of Form 8947 required?
No — it is voluntary. However, failing to report rebates or orphan drugs may result in a higher fee. - Can I designate someone to discuss the form with the IRS?
Yes — check the box on page 7 and provide your employee’s contact information. - What if my company has no changes from last year?
Subsequent filers with no changes still file the main page, page 7, and Schedule D if reporting rebates (or indicate no rebates). - Where can I find the latest guidance?
Official sources:- About Form 8947: irs.gov/forms-pubs/about-form-8947
- Branded Prescription Drug Fee page: irs.gov/affordable-care-act/annual-fee-on-branded-prescription-drug-manufacturers-and-importers
- Internal Revenue Manual 25.21.1
Download IRS Form 8947 PDF
Direct official link (provided): https://www.irs.gov/pub/irs-pdf/f8947.pdf
Conclusion
While voluntary, IRS Form 8947 remains one of the most important compliance tools for pharmaceutical manufacturers and importers subject to the BPD fee. Submitting accurate, complete data by the November 1 deadline helps protect your organization from overpayment and ensures smooth processing of preliminary and final fee notices.
For the 2026 fee year (reporting 2024 sales), mark your calendar for November 1, 2025. Consult your tax or regulatory compliance team and refer exclusively to IRS.gov for the most current procedures.
This article is for informational purposes only and is not tax or legal advice. Always verify with official IRS publications and consult a qualified professional for your specific situation.