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US Internal Revenue Service: I1120fsc - 1992
US Internal Revenue Service: I1120fsc - 1992
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box, show the box number instead of the vote or more than 50% of the total value acquired in transactions that did not use
street address. of all classes of stock of at least one of the the administrative pricing rules. For details
Note: If a change in address occurs after other corporations in the group. on administrative or nonadministrative
the return is filed, the FSC should use Stock owned directly by other members pricing rules, see Schedule P (Form
Form 8822, Change of Address, to notify of the group is not counted when 1120-FSC), Transfer Price or Commission.
the IRS of the new address. computing the voting power or value. If the FSC acts as another person’s
Employer identification number (EIN).— See sections 927(d)(4) and 1563(d)(1) for commission agent on a sale, do not enter
Show the correct EIN in item C on page 1 the definition of “stock” for purposes of any amount on Schedule A for the sale.
of Form 1120-FSC. If the FSC does not determining stock ownership above. Small FSCs will have to make two
have an EIN, it should apply for one on separate computations for cost of goods
Form SS-4, Application for Employer Tax and Payments sold if their foreign trading gross receipts
Identification Number. Form SS-4 can be Line 2h.—Add the amounts on lines 2d exceed the limitation amount on line 6e of
obtained at most IRS or Social Security through 2g and enter the total here. Schedule B. In this case, a deduction for
Administration (SSA) offices. If the FSC has cost of goods sold will be figured
not received its EIN by the time the return Backup Withholding.—If the FSC had separately for the income on line 6h of
is due, write “Applied for” in the space for income tax withheld from any payments it Schedule B, and separately for the income
the EIN. See Pub. 583 for more received, because, for example, it failed to on line 7 of Schedule F. Attach the
information. give the payer its correct employer computation for the cost of goods sold
identification number, include the amount deduction entered on line 18 of Schedule F
Item A. Foreign Country or U.S. withheld in the total for line 2h. This type
Possession of Incorporation.—See to Form 1120-FSC.
of withholding is called “backup
sections 927(d)(5) and 927(e)(3). withholding.” Show the amount withheld in All FSCs must attach a separate
Item E. Total Assets.—Enter the FSC’s the blank space in the right hand column computation for cost of goods sold and
total assets (as determined by the between lines 1 and 2h, and label the other expenses attributable to income
accounting method regularly used in amount “backup withholding.” Note: included on line 4 of Schedule F.
keeping the FSC’s books and records) at “Backup withholding” does not include All FSCs should see the uniform
the end of the tax year of the FSC from amounts reportable on line 2g for taxes capitalization rules of section 263A
page 6, Schedule L, column (d), line 15. If paid or withheld at source. discussed in the instructions for Schedule
there are no assets at the end of the tax Line 3. Estimated Tax Penalty.—A FSC G. See those instructions before
year, enter the assets as of the beginning that does not make estimated tax completing Schedules A and F.
of the tax year. payments when due may be subject to an Line 4. Additional Section 263A Costs.—
Item F. Initial return, final return, change underpayment penalty for the period of An entry is required on this line only for
in address, or amended return.—If this is underpayment. Generally, a FSC is subject FSCs that have elected a simplified
the FSC’s first return, check the “Initial to the penalty if its tax liability is $500 or method of accounting. For taxpayers that
return” box. If the corporation ceases to more, and it did not timely pay the smaller have elected the simplified production
exist, file Form 1120-FSC and check the of (a) 93% of its tax liability for 1992 (97% method, additional section 263A costs are
“Final return” box. If the FSC has changed of its tax liability for a tax year beginning generally those costs, other than interest,
its address since it last filed a return, after June 30, 1992) or (b) 100% of its that were not capitalized or included in
check the box for “Change in address.” If prior year’s tax. See section 6655 for inventory costs under the taxpayer’s
the FSC is amending its return, check the details and exceptions, including special method of accounting immediately prior to
box for “Amended return.” rules for large corporations. the effective date in Temporary
Item G.—Complete items G(1) through Form 2220, Underpayment of Estimated Regulations section 1.263A-1T, but that
G(8) for the shareholder who at the Tax by Corporations, is used to determine are now required to be capitalized under
beginning of the FSC tax year was the whether the FSC owes the penalty and to section 263A.
principal shareholder. If the FSC is a figure the amount of the penalty. Generally, For taxpayers that have elected a
subsidiary in a parent-subsidiary controlled a FSC does not have to file this form since simplified resale method, additional section
group and the principal shareholder is not the IRS can figure the amount of any 263A costs are generally those costs
the common parent of the group, complete penalty and bill the FSC for it. However, incurred with respect to the following
items G(9) through G(15) for the common complete and attach Form 2220 even if the categories: off-site storage or warehousing;
parent. For item G(15), a group that files a FSC does not owe the penalty if: purchasing; handling, processing,
consolidated return should enter the a. The annualized income or adjusted assembly, and repackaging; and general
consolidated total assets; otherwise enter seasonal installment method is used, or administrative costs (mixed service costs).
only the common parent’s total assets. Enter on line 4 the balance of section 263A
b. The FSC is a “large corporation” costs paid or incurred during the tax year
Note: Check the box if the FSC is a computing its first required installment
subsidiary in a parent-subsidiary controlled that were not included on lines 2, 3, and 5.
based on the prior year’s tax. See the See Temporary Regulations section
group. This applies even if the FSC is a instructions for Form 2220 for the definition
subsidiary member of one group and the 1.263A-1T for more information.
of a “large corporation.”
parent corporation of another. Line 5. Other Costs.—Enter on line 5 any
If Form 2220 is attached, be sure to costs paid or incurred during the tax year
Parent-subsidiary controlled group.—The check the box on line 3, page 1, Form
term “parent-subsidiary controlled group” not entered on lines 2 through 4.
1120-FSC, and enter the amount of any
means one or more chains of corporations penalty on this line. Line 7. Inventory at End of Year.—See
connected through stock ownership Temporary Regulations section 1.263A-1T
(sections 927(d)(4) and section 1563(a)(1)). Schedule A—Cost of Goods Sold for more details on figuring the amount of
Both of the following requirements must be additional section 263A costs to be
met:
Related to Foreign Trading Gross capitalized and added to ending inventory.
1. More than 50% of the total combined
Receipts Lines 9a through 9e. Inventory Valuation
voting power of all classes of stock entitled Complete Schedule A only for the cost of Methods.—Inventories can be valued at:
to vote or more than 50% of the total goods sold deduction related to foreign 1. Cost;
value of all classes of stock of each trading gross receipts reported on lines 1
corporation in the group (except the through 5 of Schedule B. 2. Cost or market value (whichever is
parent) must be owned by one or more of lower); or
Complete column (a) to show the cost of
the other corporations in the group. goods sold for inventory acquired in 3. Any other method approved by the
2. The common parent must own more transactions using the administrative IRS that conforms with the provisions of
than 50% of the total combined voting pricing rules. Complete column (b) to show the applicable regulations cited below.
power of all classes of stock entitled to the cost of goods sold for inventory
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FSCs that use erroneous valuation Requirements on page 2 of the 1. Enter total of columns (a) and (b),
methods must change to a method instructions. line 6a, Schedule B 1.
permitted for Federal income tax purposes. 2. Enter total commission income
Line 8.—All FSCs (except small FSCs) reported on line 1 or line 2,
To make this change, use Form 3115. must answer line 8b to indicate how they Schedule B 2.
On line 9a, check the method(s) used for met the foreign direct costs requirement of 3. Subtract line 2 from line 1 3.
valuing inventories. Under “lower of cost or section 924(d) for all transactions that 4. For the commissions reported on
market,” the term market generally refers generated foreign trading gross receipts line 2 above, enter total gross
to normal market conditions where there is reported on lines 1 through 5 of Schedule receipts for the sale, lease, or
a current bid price prevailing at the date B. Also, answer line 8a and/or line 8c to rental of property on which the
commissions arose. (Section
the inventory is valued. When no regular make an election to use either of the 927(b)(2)) 4.
open market exists or when quotations are annual grouping election(s) indicated. See 5. Add lines 3 and 4. Enter here and
nominal because of inactive market the instructions for Foreign Economic on line 6f, Schedule B 5.
conditions, use fair market prices from the Process Requirements on page 2 for
most reliable sales or purchase details. Line 6h.—When making the line 6h
transactions that occurred near the date allocation, allocate only the commission
the inventory is valued. Schedule B—Taxable income attributable to the gross receipts
on line 4 above. If the small FSC’s foreign
Inventory may be valued below cost Income or (Loss) trading gross receipts for the tax year (line
when the merchandise is unsaleable at Use Schedule B to compute taxable 6f) exceed its allowable limitation (line 6e),
normal prices or unusable in the normal income from all sources. the small FSC may select the gross
way because the goods are “subnormal” receipts to which the limitation is allocated.
due to damage, imperfections, shopwear, Part I In such case, allocate the line 6g foreign
etc., within the meaning of Regulations trading gross receipts (which, in this case,
section 1.471-2(c). The goods may be Use Part I to compute income attributable
to foreign trade income. Income and is the line 6e limitation amount because it
valued at the current bona fide selling is smaller than the line 6f amount) between
price, minus direct cost of disposition (but expenses on lines 1 through 15 are
reported in column (a) if the administrative columns (a) and (b) of line 6h based on
not less than scrap value) if such a price whether the administrative pricing rules
can be established. pricing rules were used in the transaction
that produced the income. were used for the gross receipts selected.
If this is the first year the “Last-in, See Regulations section 1.921-2(b)(4).
First-out” (LIFO) inventory method was Report in column (b) all foreign trade
either adopted or extended to inventory income from all transactions in which the Part II
goods not previously valued under the administrative pricing rules were not used.
Attach a schedule showing the Line 19a. Net operating loss
LIFO method provided in section 472, deduction.—The net operating loss (NOL)
attach Form 970, Application To Use LIFO computation of the taxable amount. In
Schedule B, Part II, include only the deduction is the total of the NOL
Inventory Method, or a statement with the carryovers and carrybacks that can be
information required by Form 970. Also taxable portion on line 16.
deducted in the tax year. See section
check the LIFO box on line 9b. On line 9c, Lines 1 through 5.—Enter foreign trading 172(a). If this deduction is taken, show its
enter the amount or the percent of total gross receipts identified on lines 1 through computation on an attached schedule.
closing inventories covered under section 5. See section 924(a) and Foreign Trading
472. Estimates are acceptable. Gross Receipts on page 1 of these Generally, a FSC may carry an NOL
instructions for receipts that are excluded back to each of the 3 tax years preceding
If the FSC changed or extended its the year of the loss and carry it over to
inventory method to LIFO and had to and other details. Report commission
income on line 1 or line 2 based on the each of the 15 tax years following the year
“write up” opening inventory to cost in the of the loss. FSCs that are personal service
year of election, report the effect of the sale, lease, or rental of property on which
that commission arose. corporations are not permitted to carry
write up as income (as appropriate on back an NOL to or from any tax year to
Schedule F, line 16), proportionately over a Line 5.—If the 50% gross receipts test of which a section 444 election applies.
3-year period that begins with the year of section 924(a)(5) is not met, report the
the LIFO election (section 472(d)). FSC’s gross receipts that would have A FSC may carry back 10 years the part
otherwise qualified under that section on of the NOL attributable to a product
For more information on inventory liability loss (section 172(b)(1)(C)). See
valuation methods, get Pub. 538, line 16, Schedule F, instead of line 5,
Schedule B. Regulations section 1.172-13(c) for the
Accounting Periods and Methods. required statement that must be attached
Lines 6b through 6h.—See section to Form 1120-FSC when claiming the
Additional Information 924(b)(2)(B) for the rules regarding the 10-year carryback on product liability
Line 4.—See section 542 for definition of limitation on the amount of foreign trading losses.
“personal holding company” and section gross receipts that a small FSC may take
into account in determining its exempt There is also an election to carry an NOL
552 for the definition of foreign personal over to each of the 15 years following the
holding company. Also, see the Filing foreign trade income.
year of the loss. To make this election,
Requirements—Foreign Personal Line 6d.—Temporary Regulations section check the box on line 5 of “Additional
Holding Companies and Personal 1.921-1T(b)(5) indicates that, in the case of Information” on page 2 of Form 1120-FSC.
Holding Companies on page 5 for a small FSC having a short tax year, the The return must be timely filed (including
information and other details if the FSC dollar limitation reported on line 6b or 6c is extensions). The election is irrevocable.
meets the definition of either. to be prorated on a daily basis. In doing Section 172(b)(1) describes types of losses
Line 5.—Check the box if the FSC elects so, a small FSC having a short tax year for which the 15-year carryover period
under section 172(b)(3) to forego the must divide the number of days in its short does not apply.
carryback period for an NOL. If the box is tax year by the number of days that would
have comprised a full tax year and enter After applying the NOL to the first tax
checked, do not attach the statement year to which it may be carried, the portion
described in Regulations section 7.0(d). the resulting fraction on line 6d as a
decimal less than 1.00000. of the loss the FSC may carry to each of
Lines 6c and 7b(2).—See Definition of a the remaining tax years is the excess, if
FSC on page 1 of the instructions for Example: For its 1992 calendar-year tax any, of the loss over the sum of the
definitions of qualifying foreign country and year, a small FSC has a short tax year of modified taxable income for each of the
U.S. possession. 100 days. The FSC enters 0.27322 prior tax years to which the FSC may carry
(100/366) on line 6d. the loss. See section 172(b).
Line 7.—All FSCs (except small FSCs)
must answer these questions. For more Line 6f.—If commission income is reported If there is a carryback of an NOL, net
information, see Foreign Management on line 1 or 2 of Schedule B, total receipts capital loss, or an unused credit, file Form
for purposes of line 6f are figured as 1139, Corporation Application for Tentative
follows:
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(a) Dividends (c) Dividends-received
Dividends and Dividends-Received Deduction Worksheet received
(b) %
deduction: (a) 3 (b)
12 Total dividends. Add lines 1 through 11. Enter here and on line 9, Schedule F ©
Refund, within 12 months after the close of C corporations are individuals, meet the foreign economic process tests
the tax year for a “quick refund” of taxes. partnerships, S corporations, trusts, and (line 15); and other nonforeign trade
See section 6411. estates. income (line 16). For more details, see
Caution: Do not attach Form 1139 to Use lines 2a through 2d to figure the sections 924(f) and 927(a)(2) and (3).
Form 1120-FSC. Mail it in a separate exemption percentage for foreign trade Line 9.—Complete the dividend worksheet
envelope and file it with the Internal income that was determined without above to figure the total dividends to
Revenue Service Center, Philadelphia, PA regard to the administrative pricing rules report on line 9. Attach the worksheet to
19255. (see section 923(a)(2)). Form 1120-FSC.
For carryback claims filed later than 12 Use lines 3a through 3d to figure the Line 18.—Enter the deductions allocated
months after the end of the tax year, file exemption percentage for foreign trade or apportioned to income on lines 7
an amended Form 1120-FSC instead of income that was determined by using the through 16. Attach to Form 1120-FSC a
Form 1139. administrative pricing rules (see section schedule listing each type of deduction.
See section 172 for special rules, 923(a)(3)). Show deductions related to cost of goods
limitations, and definitions pertaining to sold separately. See the instructions for
NOL carrybacks and carryovers. Also see Schedule F—Nonexempt Foreign Schedule A on page 6 before completing
Pub. 536, Net Operating Losses. Trade Income and Nonforeign this line.
See section 382 for the limitation on the Trade Income Passive activity limitations.—Section 469
amount of taxable income of a loss generally limits the deduction of passive
corporation for any tax year ending after a Part I activity losses for closely held FSCs and
post-1986 ownership change that may be FSCs that are personal service
Enter nonexempt foreign trade income and
offset by pre-change NOL carryovers. Also corporations. See section 469 and the
related expenses in Part I.
see Temporary Regulations section instructions for Form 8810 for details.
Line 2.—Enter FSC income that resulted Note: The credits allowed on Form
1.382-2T(a)(2)(ii), which requires that a loss
from the FSC’s cooperation with an 1120-FSC are not subject to the limits of
corporation file an information statement
international boycott. See Form 5713 for section 469.
with its income tax return for each tax year
reporting requirements for any FSC with
that it is a loss corporation and certain
shifts in ownership occurred.
operations in or related to a boycotting Instructions for Dividends and
country. See section 927(e)(2). Dividends-Received Deduction
See section 384 for the limitation on the
Line 3.—Enter the amount, if any, paid for Worksheet Above
use of preacquisition losses of one
illegal payments, bribes, or kickbacks that
corporation to offset recognized built-in For purposes of the 20% ownership test
the FSC paid directly or indirectly to
gains of another corporation. on lines 1 through 7, the percentage of
government officials, employees, or agents.
Line 19b. Dividends-received See section 927(e)(2). stock owned by the FSC is based on
deduction.—A FSC may be entitled to a voting power and the value of the stock.
Line 5.—See the instructions for Schedule
deduction for dividends it receives from Preferred stock described in section
A of Form 1120-FSC before completing
other corporations. See the instructions for 1504(a)(4) is not taken into account.
this line.
the dividend worksheet on this page to
figure the allowable dividends-received Line 1, Column (a)
Part II
deduction. Attach the dividend worksheet Enter dividends (except those received on
to Form 1120-FSC. Enter the taxable portion of gross income debt-financed stock acquired after July 18,
of the FSC that was not derived from 1984—see section 246A) that are received
Schedule E—Percentages Used in foreign trading gross receipts. This type of from less-than-20%-owned domestic
Figuring Exempt Foreign Trade income includes amounts specifically corporations subject to income tax and
excluded from foreign trade income by law that are subject to the 70% deduction
Income (line 7); investment type income (lines 8 under section 243(a)(1).
For purposes of the “Note” at the top of through 12); income from property that is
Schedule E, Form 1120-FSC, a subsidized, deemed in short supply, or For dividends received from a regulated
C corporation is a corporation that is not destined for use in the U.S. (lines 13 and investment company, see section 854 for
an S corporation. Shareholders other than 14); amounts from transactions that did not the amount subject to the 70% deduction.
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Report so-called dividends or earnings may not exceed the amount from the 5. Any other taxable dividend income not
received from mutual savings banks, etc., worksheet below. However, in a year in properly reported above (including
as interest. Do not treat them as dividends. which an NOL occurs, this limitation does distributions under section 936(h)(4)).
not apply even if the loss is created by the If patronage dividends or per-unit retain
Line 2, Column (a) dividends-received deduction. See allocations are included on line 11, column
Enter dividends (except those received on sections 172(d) and 246(b). (a), identify the total of these amounts in a
debt-financed stock acquired after July 18, 1. Refigure line 18, Part II, Schedule schedule attached to Form 1120-FSC.
B (page 3 of Form 1120-FSC)
1984) that are received from
without any adjustment under
20%-or-more-owned domestic section 1059 and without any
Schedule G—Deductions Allocated
corporations subject to income tax and capital loss carryback to the tax or Apportioned to Foreign Trade
that are subject to the 80% deduction year under section 1212(a)(1) 1.
under section 243(c). 2. Multiply line 1 by 80% 2.
Income
3. Add lines 2, 5, and 7, column (c), Limitations on deductions
Line 3, Column (a) and the part of the deduction on
Enter dividends on debt-financed stock
line 3, column (c), that is Section 263A uniform capitalization
attributable to dividends from rules.—These rules require FSCs to
acquired after July 18, 1984, that are 20%-or-more-owned corporations 3.
received from domestic and foreign capitalize or include in inventory certain
4. Enter the smaller of line 2 or 3. If
corporations subject to income tax and costs incurred in connection with the
line 3 is greater than line 2, stop
that would otherwise be subject to the here; enter the amount from line 4 production of real and personal tangible
dividends-received deduction under on line 8, column (c), and do not property held in inventory or held for sale
section 243(a)(1), 243(c), or 245(a). complete the rest of this worksheet 4. in the ordinary course of business.
Generally, debt-financed stock is stock 5. Enter the total amount of dividends Tangible personal property produced by a
that the FSC acquired by incurring a debt
from 20%-or-more-owned cor- FSC includes a film, sound recording,
porations that are included on lines videotape, book, or similar property. The
(e.g., it borrowed money to buy the stock). 2, 3, 5, and 7, column (a). 5. rules also apply to personal property
6. Subtract line 5 from line 1 6.
Line 3, Columns (b) and (c) (tangible and intangible) acquired for
7. Multiply line 6 by 70% 7.
resale. FSCs subject to the rules are
Dividends received on debt-financed stock 8. Subtract line 3 above from line 8
required to capitalize not only direct costs
acquired after July 18, 1984, are not of column (c) 8.
9. Enter the smaller of line 7 or line 8 9.
but an allocable portion of most indirect
entitled to the full 70% or 80% costs (including taxes) that relate to the
dividends-received deduction. The 70% or 10. Dividends-received deduction
after limitation (sec. 246(b)). Add assets produced or acquired for resale.
80% deduction is reduced by a percentage lines 4 and 9. Enter the result here Interest expense paid or incurred during
that is related to the amount of debt and on line 8, column (c). 10. the production period of certain property
incurred to acquire the stock. See section must be capitalized and is governed by
246A. Also see section 245(a) before Line 9, Column (a) special rules. For more information, see
making this computation for an additional Notice 88-99, 1988-2 C.B. 422. The
limitation that applies to dividends received Enter foreign dividends not reportable on
lines 3, 6, and 7 that do not qualify for a uniform capitalization rules also apply to
from foreign corporations. Attach a the production of property constructed or
schedule to Form 1120-FSC showing how dividends-received deduction.
improved by a taxpayer for use in a trade
the amount on line 3, column (c), was Line 10, Column (a) or business or in an activity engaged in for
figured. profit.
If the FSC claims the foreign tax credit, the
Line 4, Column (a) tax that is deemed paid under sections Section 263A does not apply to personal
902 and 960 is treated as a dividend property acquired for resale if the
Enter dividends received on the preferred taxpayer’s average annual gross receipts
stock of a less-than-20%-owned public received from the foreign corporation. See
sections 78 and 906(b)(4). are $10 million or less. It does not apply to
utility that is subject to income tax and is timber or to most property produced under
allowed the deduction provided in section Line 11, Column (a) a long-term contract. Special rules apply
247 for dividends paid. Include the following: for farmers. The rules do not apply to
Line 5, Column (a) 1. Dividends (other than capital gain property that is produced for use by the
dividends and exempt-interest dividends) taxpayer if substantial construction
Enter dividends received on preferred that are received from regulated occurred before March 1, 1986.
stock of a 20%-or-more-owned public investment companies and that are not In the case of inventory, some of the
utility that is subject to income tax and is subject to the 70% deduction. indirect costs that must be capitalized are
allowed the deduction provided in section administrative expenses; taxes;
247 for dividends paid. 2. Dividends from tax-exempt
organizations. depreciation; insurance; compensation
Line 6, Column (a) paid to officers attributable to services;
3. Dividends (other than capital gain
rework labor; and contributions to pension,
Enter the U.S.-source portion of dividends dividends) received from a real estate
stock bonus, and certain profit-sharing,
that are received from less-than-20%- investment trust that qualifies, for the tax
annuity, or deferred compensation plans.
owned foreign corporations and that year of the trust in which the dividends are
paid, under sections 856 through 860. The costs that must be capitalized under
qualify for the 70% deduction under
section 263A are not deductible until the
section 245(a). To qualify for the 70% 4. Dividends not eligible for a
property to which the costs relate is sold,
deduction, the FSC must own at least 10% dividends-received deduction because of
used, or otherwise disposed of by the
of the stock of the foreign corporation by the holding period of the stock or an
FSC.
vote and value. obligation to make corresponding
payments with respect to similar stock. Current deductions may still be claimed
Line 7, Column (a) for reasonable research and experimental
Two situations in which the
Enter the U.S.-source portion of dividends costs under section 174, intangible drilling
dividends-received deduction will not be
that are received from 20%-or-more- costs for oil and gas and geothermal
allowed on any share of stock are:
owned foreign corporations and that property and mining and exploration and
● If the FSC held the stock for 45 days or development costs. Temporary Regulations
qualify for the 80% deduction under less (see section 246(c)(1)(A)), or
section 245(a). section 1.263A-1T specifies other indirect
● To the extent the FSC is under an costs that may be currently deducted and
Line 8, Column (c) obligation to make related payments for those that must be capitalized with respect
substantially similar or related property. to production or resale activities. For more
Limitation on dividends-received information, see Temporary Regulations
deduction.—Generally, line 8 of column (c) section 1.263A-1T.
Page 9
Transactions between related
taxpayers.—Generally, an accrual basis
taxpayer may only deduct business Each member of a controlled group must compute the tax as follows
expenses and interest owed to a related (except qualified personal service corporations):
party in the year the payment is included in
the income of the related party. See 1. Enter taxable income (Schedule B, line 20) 1.
sections 163(e)(3), 163(j), and 267 for 2. Enter line 1 or the FSC’s share of the $50,000 taxable income bracket,
whichever is less 2.
limitations on deductions for unpaid
3. Subtract line 2 from line 1 3.
interest and expenses.
4. Enter line 3 or the FSC’s share of the $25,000 taxable income bracket,
Business startup expenses.—Business whichever is less 4.
startup expenses are required to be 5. Subtract line 4 form line 3 5.
capitalized unless an election is made to 6. Multiply line 2 by 15% 6.
amortize them over a period of 60 months. 7. Multiply line 4 by 25% 7.
See section 195. 8. Multiply line 5 by 34% 8.
Line 1. Enter only foreign direct costs on 9. If the taxable income of the controlled group exceeds $100,000, enter this
member’s share of the smaller of: (a) 5% of the excess over $100,000, or (b)
lines 1a through 1e. See section 924(e) $11,750. (See Additional 5% tax, below.) 9.
and Temporary Regulations sections 10. Add lines 6 through 9. Enter this amount on Schedule J, line 3 10.
1.924(e)-1T(a) through (e) for definitions
and rules on direct activity costs related to
foreign trade income.
Line 4. Depreciation.—Besides its trade or business. However, it cannot entitled to all, some, or none of the amount
depreciation, include on line 4 the part of deduct an expense paid or incurred for a in a taxable income bracket. However, the
the cost (up to $10,000) the FSC elected facility (such as a yacht or hunting lodge) total amount for all members of the
to expense for certain tangible property that is used for an activity that is usually controlled group cannot be more than the
placed in service during its tax year during considered entertainment, amusement, or total amount in each taxable income
tax year 1992, or carried over from 1991. recreation. bracket.
See Form 4562, Depreciation and Note: The FSC may be able to deduct the Additional 5% tax.—Members of a
Amortization, and its instructions. expense if the amount is treated as controlled group are treated as one
Line 5. Salaries and wages.—Enter the compensation and reported on Form W-2 corporation for purposes of figuring the
total salaries and wages paid or incurred for an employee or on Form 1099-MISC for applicability of the additional 5% tax that
for the tax year. Do not include salaries an independent contractor. must be paid by corporations with taxable
and wages deductible elsewhere on the Note: Do not deduct penalties such as income in excess of $100,000. If the
return, such as amounts included in cost those listed under Interest and Penalties additional tax applies, each member of the
of goods sold, elective contributions to a on page 4. controlled group will pay that tax based on
section 401(k) cash or deferred the part of the amount that is used in each
arrangement, or amounts contributed Schedule J—Tax Computation taxable income bracket to reduce that
under a salary reduction SEP agreement. member’s tax. See section 1561(a). Each
Lines 1 and 2.—Members of a controlled member of the group must enter its share
Line 11. Bad debts.—Enter the total debts group (as defined in section 927(d)(4)) are
that became worthless in whole or in part of the additional 5% tax on line 2b and
entitled to one $50,000 and one $25,000 attach to its tax return a schedule that
during the tax year. taxable income bracket amount (in that shows the taxable income of the entire
Caution: A cash basis taxpayer may not order) on line 2a. group as well as how its share of the
claim a bad debt deduction unless the When a controlled group adopts or later additional tax was figured.
amount was previously included in income. amends an apportionment plan, each Line 3.—A FSC that is not a member of a
Line 14. Other deductions.—Attach a member must attach to its tax return a controlled group must compute its tax on
separate sheet listing all allowable copy of its consent to this plan. The copy its taxable income as follows:
deductions that are not deductible (or an attached statement) must show the
elsewhere on Form 1120-FSC. Enter the part of the amount in each taxable income FSCs that are not qualified personal
total on this line. bracket apportioned to that member. There service corporations (defined below)—
Generally, a deduction may not be taken are other requirements as well. See
for any amount that is allocable to a class Regulations section 1.1561-3(b) for these
Tax Rate Schedule
of exempt income. See section 265(b) for requirements and for the time and manner
of making the consent. If taxable income
exceptions. (Schedule B, line 20) is:
Generally, the FSC can deduct only 80% Equal apportionment plan.—If no
Of the
of the amount otherwise allowable for apportionment plan is adopted, the But not amount
meals and entertainment expenses paid or members of the controlled group must Over— over— Tax is: over—
incurred in its trade or business. Also, divide the amount in each taxable income
meals must not be lavish or extravagant; a bracket equally among themselves. For $0 $50,000 15% $0
example, controlled group AB consists of 50,000 75,000 $7,500 + 25% 50,000
bona fide business discussion must occur 75,000 100,000 13,750 + 34% 75,000
during, immediately before, or immediately Corporation A and Corporation B. They do
100,000 335,000 22,250 + 39% 100,000
after the meal; and an employee of the not elect an unequal apportionment plan. 335,000 ---- 34% 0
FSC must be present at the meal. See Therefore, both Corporation A and
section 274(k)(2) for exceptions. If the FSC Corporation B are entitled to $25,000 Qualified personal service
claims a deduction for unallowable meal (one-half of $50,000) in the $50,000 corporations.—A qualified personal
expenses, it may have to pay a penalty. taxable income bracket on line 2a(i) and to service corporation is taxed at a flat rate of
$12,500 (one-half of $25,000) in the 34% on its taxable income. A FSC is a
Additional limitations apply to deductions $25,000 taxable income bracket on line
for gifts, skybox rentals, luxury water qualified personal service corporation if it
2a(ii). meets BOTH of the following tests:
travel, convention expenses, and
entertainment tickets. For details, see Unequal apportionment plan.—Members ● Substantially all of the FSC’s activities
section 274 and Pub. 463, Travel, of a controlled group may elect an unequal involve the performance of services in the
Entertainment, and Gift Expenses. apportionment plan and divide the amount fields of health, law, engineering,
in each taxable income bracket as they architecture, accounting, actuarial science,
Generally, a FSC can deduct all other want. There is no need for consistency
ordinary and necessary travel and performing arts, or consulting.
among taxable income brackets. Any
entertainment expenses paid or incurred in member of the controlled group may be ● At least 95% of the corporation’s stock
is owned by (1) employees performing the
Page 10
services, (2) retired employees who had ● The FSC’s allowable exemption amount Schedule M-1
performed the services listed above, (3) (from Form 4626).
any estate of the employee or retiree For this purpose, taxable income does Reconciliation of Income per Books With
described above, or (4) any person who not include the NOL deduction. Get Form Income per Return
acquired the stock of the FSC as a result 4626 for details.
of the death of an employee or retiree, if Line 5c. Travel and entertainment.—
the acquisition occurred within 2 years of Line 7b. Environmental tax.—The FSC Include on line 5c any of the following:
death. See Temporary Regulations section may be liable for the environmental tax if
its modified alternative minimum taxable ● 20% of the meals and entertainment not
1.448-1T(e) for details. allowed under section 274(n).
income exceeds $2 million. See Form 4626
Note: If the FSC meets these tests, be for details. ● Expenses for the use of an
sure to check the box on line 3, Schedule entertainment facility.
J, Form 1120-FSC. Line 8. Total tax.—Interest on tax
deferred under the installment method ● The part of business gifts over $25.
Line 4. Foreign tax credit.—Generally, a for certain nondealer installment
FSC may not claim a foreign tax credit. It ● Expenses of an individual in excess of
obligations. If an obligation arising from $2,000, which are allocable to conventions
may, however, claim a foreign tax credit for the disposition of property to which section
any foreign taxes imposed on foreign on cruise ships.
453A applies is outstanding at the close of
source nonforeign trade income (Schedule the year, the FSC must include the interest ● Employee achievement awards over
F, Part II) that is treated as effectively due under section 453A(c) on line 8, $400.
connected with a U.S. trade or business Schedule J. On the dotted line to the left ● The cost of entertainment tickets over
under section 921(d). See Temporary of line 8, Schedule J, write “Section face value (also subject to 20%
Regulations section 1.921-3T(d)(2) for more 453A(c) interest” and the amount. Attach a disallowance under section 274(n)).
details. schedule showing the computation. ● The cost of skyboxes over the face value
Line 6. Personal holding company tax.— of nonluxury box seat tickets.
See the instructions on page 5, Filing Schedule L—Balance Sheets
● The part of luxury water travel not
Requirements—Foreign Personal Line 5. Tax-exempt securities.—Include allowed under section 274(m).
Holding Companies and Personal on this line:
Holding Companies. ● Expenses for travel as a form of
1. State and local government education.
Line 7a. Alternative minimum tax.—The obligations, the interest on which is
FSC may owe the alternative minimum tax ● Other travel and entertainment expenses
excludible from gross income under not allowed as a deduction.
if it has any of the adjustments and tax section 103(a), and
preference items listed on Form 4626, Line 7a. Tax-exempt interest.—Include as
Alternative Minimum Tax—Corporations. 2. Stock in a mutual fund or other interest on line 7a any exempt-interest
The FSC must file Form 4626 if its taxable regulated investment company that dividends received as a shareholder in a
income (loss) combined with these distributed exempt-interest dividends mutual fund or other regulated investment
adjustments and tax preference items is during the tax year of the corporation. company.
more than the smaller of:
● $40,000, or
Page 11
Codes for Principal Business Activity
These codes for the Principal Business Using the list below, enter on Form On Form 1120-FSC, “Additional
Activity are designed to classify enterprises 1120-FSC, “Additional Information” on page Information” on page 2, lines 1b and 1c, state
by the type of activity in which they are 2, line 1a, the code number for the specific the principal business activity and the
engaged to facilitate the administration of the industry group from which the largest principal product or service that account for
Internal Revenue Code. Though similar in percentage of “total receipts” is derived. the largest percentage of total receipts. For
format and structure to the Standard “Total receipts” means the total of receipts on example, if the principal business activity is
Industrial Classification (SIC) codes, they Schedule B, line 6a, and on Schedule F, lines “Wholesale trade: Machinery, equipment, and
should not be used as SIC codes. 4 and 17. supplies,” the principal product or service
may be “Engines and turbines.”
Agriculture, Forestry, and Code Transportation and Public Finance, Insurance, and Real
Fishing Chemicals and allied products: Utilities Estate
Code 2815 Industrial chemicals, plastics materials Code Code
and synthetics.
0400 Agricultural production. Transportation: Banking:
2830 Drugs.
0600 Agricultural services (except 4000 Railroad transportation. 6030 Mutual savings banks.
veterinarians), forestry, fishing, 2840 Soap, cleaners, and toilet goods.
4100 Local and interurban passenger 6060 Bank holding companies.
hunting, and trapping. 2850 Paints and allied products. transit. 6090 Banks, except mutual savings banks
2898 Agricultural and other chemical 4200 Trucking and warehousing. and bank holding companies.
Mining products.
4400 Water transportation. Credit agencies other than banks:
Metal mining: Petroleum refining and related industries
(including those integrated with extraction): 4500 Transportation by air. 6120 Savings and loan associations.
1010 Iron ores. 4600 Pipe lines, except natural gas. 6140 Personal credit institutions.
2910 Petroleum refining (including
1070 Copper, lead and zinc, gold and silver 4700 Miscellaneous transportation services. 6150 Business credit institutions.
integrated).
ores.
2998 Other petroleum and coal products. Communication: 6199 Other credit agencies.
1098 Other metal mining.
Rubber and misc. plastics products: 4825 Telephone, telegraph, and other Security, commodity brokers and services:
1150 Coal mining. communication services.
3050 Rubber products: plastics footwear, 6210 Security brokers, dealers, and
Oil and gas extraction: 4830 Radio and television broadcasting. flotation companies.
hose and belting.
1330 Crude petroleum, natural gas, and Electric, gas, and sanitary services: 6299 Commodity contracts brokers and
3070 Miscellaneous plastics products.
natural gas liquids. dealers; security and commodity
Leather and leather products: 4910 Electric services.
1380 Oil and gas field services. exchanges; and allied services.
3140 Footwear, except rubber. 4920 Gas production and distribution.
Nonmetallic minerals, except fuels: Insurance:
3198 Other leather and leather products. 4930 Combination utility services.
1430 Dimension, crushed and broken 6355 Life Insurance.
stone; sand and gravel. Stone, clay, and glass products: 4990 Water supply and other sanitary
services. 6356 Mutual insurance, except life or
1498 Other nonmetallic minerals, except 3225 Glass products. marine and certain fire or flood
fuels. 3240 Cement, hydraulic. insurance companies.
3270 Concrete, gypsum, and plaster
Wholesale Trade
6359 Other insurance companies.
Construction products. Durable:
6411 Insurance agents, brokers, and
General building contractors and operative 3298 Other nonmetallic mineral products. 5008 Machinery, equipment, and supplies. service.
builders: Primary metal industries: 5010 Motor vehicles and automotive Real estate:
1510 General building contractors. equipment.
3370 Ferrous metal industries; misc. 6511 Real estate operators and lessors of
1531 Operative builders. primary metal products. 5020 Furniture and home furnishings. buildings.
1600 Heavy construction contractors. 3380 Nonferrous metal industries. 5030 Lumber and construction materials. 6516 Lessors of mining, oil, and similar
Special trade contractors: Fabricated metal products: 5040 Sporting, recreational, photographic, property.
and hobby goods, toys and supplies. 6518 Lessors of railroad property and other
1711 Plumbing, heating, and air 3410 Metal cans and shipping containers.
conditioning. 5050 Metals and minerals, except real property.
3428 Cutlery, hand tools, and hardware;
petroleum and scrap. 6530 Condominium management and
1731 Electrical work. screw machine products, bolts, and
similar products. 5060 Electrical goods. cooperative housing associations.
1798 Other special trade contractors.
3430 Plumbing and heating, except electric 5070 Hardware, plumbing and heating 6550 Subdividers and developers.
and warm air. equipment and supplies. 6599 Other real estate.
Manufacturing 5098 Other durable goods.
Food and kindred products: 3440 Fabricated structural metal products. 6749 Holding and investment companies
3460 Metal forgings and stampings. Nondurable: except bank holding companies.
2010 Meat products.
3470 Coating, engraving, and allied 5110 Paper and paper products.
2020 Dairy products.
2030 Preserved fruits and vegetables.
services. 5129 Drugs, drug proprietaries, and Services
3480 Ordnance and accessories, except druggists’ sundries. 7000 Hotels and other lodging places.
2040 Grain mill products. vehicles and guided missiles. 5130 Apparel, piece goods, and notions. 7200 Personal services.
2050 Bakery products. 3490 Misc. fabricated metal products. 5140 Groceries and related products. Business services:
2060 Sugar and confectionery products. Machinery, except electrical: 5150 Farm-product raw materials. 7310 Advertising.
2081 Malt liquors and malt. 3520 Farm machinery. 5160 Chemicals and allied products. 7389 Business services, except advertising.
2088 Alcoholic beverages, except malt 3530 Construction and related machinery. 5170 Petroleum and petroleum products.
liquors and malt. Auto repair; miscellaneous repair services:
3540 Metalworking machinery. 5180 Alcoholic beverages. 7500 Auto repair and services.
2089 Bottled soft drinks, and flavorings.
3550 Special industry machinery. 5190 Miscellaneous nondurable goods. 7600 Miscellaneous repair services.
2096 Other food and kindred products.
3560 General industrial machinery. Amusement and recreation services:
2100 Tobacco manufacturers. Retail Trade
3570 Office, computing, and accounting 7812 Motion picture production,
Textile mill products: machines. Building materials, garden supplies, and distribution, and services.
2228 Weaving mills and textile finishing. 3598 Other machinery except electrical. mobile home dealers: 7830 Motion picture theaters.
2250 Knitting mills. Electrical and electronic equipment: 5220 Building materials dealers. 7900 Amusement and recreation services,
2298 Other textile mill products. 3630 Household appliances. 5251 Hardware stores. except motion pictures.
Apparel and other textile products: 3665 Radio, television, and communication 5265 Garden supplies and mobile home Other services:
2315 Men’s and boys’ clothing. equipment. dealers. 8015 Offices of physicians, including
2345 Women’s and children’s clothing. 3670 Electronic components and 5300 General merchandise stores. osteopathic physicians.
2388 Other apparel and accessories. accessories. Food stores: 8021 Offices of dentists.
2390 Miscellaneous fabricated textile 3698 Other electrical equipment. 5410 Grocery stores. 8040 Offices of other health practitioners.
products. 3710 Motor vehicles and equipment 5490 Other food stores. 8050 Nursing and personal care facilities.
Lumber and wood products: Transportation equipment, except motor Automotive dealers and service stations: 8060 Hospitals.
2415 Logging, sawmills, and planing mills. vehicles: 5515 Motor vehicle dealers. 8071 Medical laboratories.
2430 Millwork, plywood, and related 3725 Aircraft, guided missiles and parts. 5541 Gasoline service stations. 8099 Other medical services.
products. 3730 Ship and boat building and repairing 5598 Other automotive dealers. 8111 Legal services.
2498 Other wood products, including wood 3798 Other transportation equipment, 5600 Apparel and accessory stores.
buildings and mobile homes. 8200 Educational services.
except motor vehicles.
5700 Furniture and home furnishings 8300 Social services.
2500 Furniture and fixtures. Instruments and related products: stores.
Paper and allied products: 8600 Membership organizations.
3815 Scientific instruments and measuring 5800 Eating and drinking places.
2625 Pulp, paper, and board mills. devices; watches and clocks. 8911 Architectural and engineering
Miscellaneous retail stores: services.
2699 Other paper products. 3845 Optical, medical, and ophthalmic
5912 Drug stores and proprietary stores. 8930 Accounting, auditing, and
Printing and publishing: goods.
5921 Liquor stores. bookkeeping.
2710 Newspapers. 3860 Photographic equipment and supplies.
5995 Other retail stores. 8980 Miscellaneous services (including
2720 Periodicals. 3998 Other manufacturing products.
veterinarians).
2735 Books, greeting cards, and
miscellaneous publishing.
2799 Commercial and other printing, and
printing trade services.
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