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2000 Department of the Treasury

Internal Revenue Service

Instructions for Form


1120-PC
U.S. Property and Casualty Insurance Company
Section references are to the Internal Revenue Code unless otherwise noted.

Contents Page new extrarritorial income exclusion for The corporation's assigned personal
Changes To Note . . . . . . . . . . 1 transactions after September 30, 2000. advocate will listen to its point of view and
The exclusion is based on a corporation's will work with the corporation to address
Photographs of Missing Children . . 1 qualifying foreign trade income. For more its concerns. The corporation can expect
Unresolved Tax Problems . . . . . 1 details and to figure the amount of the the advocate to provide:
How To Get Forms and Publications 1 exclusion, see new Form 8873, ● A “fresh look” at a new or on-going
Extraterritorial Income Exclusion. problem.
General Instructions . . . . . . . . 2 ● The corporation may need to mail its ● Timely acknowledgment.
Purpose of Form . . . . . . . . . . 2 return to a different service center this ● The name and phone number of the
Who Must File . . . . . . . . . . . 2 year because the IRS has changed the individual assigned to its case.
When To File . . . . . . . . . . . . 2 filing location for several areas. See ● Updates on progress.
Where To File on page 2.
Who Must Sign . . . . . . . . . . . 2 ● Timeframes for action.
● A corporation is required to attach a
● Speedy resolution.
Where To File . . . . . . . . . . . . 2 statement to its income tax return to
disclose participation in certain ● Courteous service.
Other Forms, Returns, and Statements
That May Be Required . . . . . . 3 transactions that have tax shelter When contacting the Taxpayer
characteristics or are structured to avoid Advocate, the corporation should provide
Consolidated return . . . . . . . . . 4 the following information:
tax. See Corporate tax shelters on page
Statements . . . . . . . . . . . . . 4 4. ● The corporation's name, address, and
Assembling the Return . . . . . . . 4 ● Corporations that file Form 1120–PC employer identification number.
Accounting Methods . . . . . . . . 5 and, at any time during the tax year, had ● The name and telephone number of an
assets in or operated a business in a authorized contact person and the hours
Rounding Off to Whole Dollars . . . 5 foreign country may have to attach new he or she can be reached.
Recordkeeping . . . . . . . . . . . 5 Schedule N (Form 1120), Foreign ● The type of tax return and year(s)
Depository Method of Tax Payment 5 Operations of U.S. Corporations, to their involved.
tax returns. See Schedule N for details. ● A detailed description of the problem.
Estimated Tax Payments . . . . . . 5
● Previous attempts to solve the problem
Interest and Penalties . . . . . . . . 5 Photographs of Missing and the office that had been contacted.
Specific Instructions . . . . . . . 6 Children ● A description of the hardship the
Period Covered . . . . . . . . . . . 6 corporation is facing (if applicable).
The Internal Revenue Service is a proud
Address . . . . . . . . . . . . . . . 6 partner with the National Center for The corporation may contact a
Employer Identification Number . . . 6 Missing and Exploited Children. Taxpayer Advocate by calling a toll-free
Photographs of missing children selected assistance number 1–877–777–4778.
Item A . . . . . . . . . . . . . . . . 6 Persons who have access to TTY/TDD
by the Center may appear in instructions
Item E . . . . . . . . . . . . . . . . 6 on pages that would otherwise be blank. equipment may call 1–800–829–4059 and
Taxable Income . . . . . . . . . . . 6 You can help bring these children home ask for the Taxpayer Advocate
by looking at the photographs and calling assistance. If the corporation prefers, it
Tax Computation and Payments . . 6 may call, write, or fax to the Taxpayer
1-800-THE-LOST (1-800-843-5678) if you
Schedule A . . . . . . . . . . . . . 9 recognize a child. Advocate in its area. See Pub. 1546, The
Schedule B, Part I . . . . . . . . . 13 Taxpayer Advocate Service of the IRS, for
Unresolved Tax Issues a list of addresses and fax numbers.
Schedule B, Part II . . . . . . . . . 14
Schedule C and Worksheet for If the corporation has attemted to deal
Schedule C . . . . . . . . . . . . 14 with an IRS problem unsuccessfully, it How To Get Forms and
Schedule E . . . . . . . . . . . . . 15 should contact the Taxpayer Advocate. Publications
The Taxpayer Advocate independently
Schedule F . . . . . . . . . . . . . 16 represents the corporation's interests and Personal computer
Schedule G . . . . . . . . . . . . . 16 concerns within the IRS by protecting its You can access the IRS Web Site 24
Schedule H . . . . . . . . . . . . . 17 rights and resolving problems that have hours a day, 7 days a week at
not been fixed through normal channels. www.irs.gov to:
Schedule I . . . . . . . . . . . . . 17
While Taxpayer Advocates cannot ● Download forms, instructions, and
Schedule L . . . . . . . . . . . . . 18 change the tax law or make a technical publications.
Schedule M-1 . . . . . . . . . . . . 18 tax decision, they can clear up problems ● See answers to frequently asked tax
that resulted from previous contacts and
questions.
Changes To Note ensure that the corporation's case is given
● Search publications on-line by topic or
a complete and impartial review.
● The FSC Repeal and Extraterritorial keyword.
Income Exclusion Act of 2000 allows a

Cat. No. 64537I


● Send us comments or request help by Life insurance companies. Life The paid preparer must complete the
E-mail. insurance companies should file Form required preparer information and:
● Sign up to receive local and national tax 1120-L, U.S. Life Insurance Company ● Sign it, by hand, in the space provided
news by E-mail. Income Tax Return. for the preparer's signature. (Signature
You can also reach us using file stamps and labels are not acceptable.)
transfer protocol at ftp.irs.gov. When To File ● Give a copy of the return to the

Generally, a corporation must file its taxpayer.


CD-Rom
income tax return by the 15th day of the
Order Pub. 1796, Federal Tax Products 3rd month after its tax year ends. A new Where To File
on CD-ROM, and get: corporation filing a short period return File your return at the applicable IRS
● Current year forms, instructions, and must generally file by the 15th day of the address listed below.
publications. 3rd month after the short period ends. A
● Prior year forms, instructions, and corporation that has dissolved must
publications. generally file by the 15th day of the 3rd If the corporation's
Use the following
month after the date it dissolved. A foreign principal business,
● Popular tax forms that may be filled in Internal Revenue
office, or agency is
corporation that does not maintain an Service Center address
electronically, printed out for submission, located in
and saved for recordkeeping. office or place of business in the U.S. has
● The Internal Revenue Bulletin. until the 15th day of the 6th month after
the end of its tax year to file. Florida, Georgia Atlanta, GA 39901
Buy the CD-ROM on the Internet at
www.irs.gov/cdorders from the National If the due date falls on a Saturday, Kansas, New Mexico,
Austin, TX 73301
Technical Information Service (NTIS) for Sunday, or legal holiday, the corporation Oklahoma

$21 (no handling fee) or call may file on the next business day. Delaware, District of
1–877–CDFORMS (1–877–233–6767) toll Private Delivery Services. Corporations Columbia, Indiana, Kentucky,
can use certain private delivery services Maryland, Michigan, New
free to buy the CD-ROM for $21 (plus a Jersey, North Carolina, Ohio, Cincinnati, OH 45999
$5 handling fee). designated by the IRS to meet the “timely Pennsylvania, South
mailing as timely filing/paying” rule for tax Carolina, West Virginia
By phone and in person returns and payments. The most recent Wisconsin

You can order forms and publications 24 list of designated private delivery services New York (New York City
hours a day, 7 days a week, by calling was published by the IRS in August 1999. and counties of Nassau,
Holtsville, NY 00501
The list includes only the following: Rockland, Suffolk, and
1–800–TAX-FORM (1–800–829–3676). Westchester)
You can also get most forms and ● Airborne Express (Airborne): Overnight

publications at your local IRS office. Air Express Service, Next Afternoon New York (all other
Service, Second Day Service. counties), Connecticut,
Maine, Massachusetts, New Andover, MA 05501
General Instructions ● DHL Worldwide Express (DHL): DHL Hampshire, Rhode Island,
Vermont
“Same Day ” Service, DHL USA
Overnight. Illinois Kansas City, MO 64999
Purpose of Form ● Federal Express (FedEx): FedEx
Alabama, Tennessee Memphis, TN 37501
Use Form 1120-PC, U.S. Property and Priority Overnight, FedEx Standard
Casualty Insurance Company Income Tax Overnight, FedEx 2 Day. Alaska, Arizona, Arkansas,
California (counties of Alpine,
Return, to report income, gains, losses, ● United Parcel Service (UPS): UPS Next Amador, Butte, Calaveras,
deductions, credits, and to figure the Day Air, UPS Next Day Air Saver, UPS Colusa, Contra Costa, Del
income tax liability of insurance Norte, El Dorado, Glenn,
2nd Day Air, UPS 2nd Day Air A.M. Humboldt, Lake, Lassen,
companies, other than life insurance The private delivery service can tell you Marin, Mendocino, Modoc,
companies. how to get written proof of the mailing Napa, Nevada, Placer,
Plumas, Sacramento, San
date. Joaquin, Shasta, Sierra,
Who Must File Extension. File Form 7004, Application Siskiyou, Solano, Sonoma,
Ogden, UT 84201

for Automatic Extension of Time To File Sutter, Tehama, Trinity, Yolo,


Every domestic nonlife insurance and Yuba), Colorado, Hawaii,
company and every foreign corporation Corporation Income Tax Return, to Idaho, Iowa, Louisiana,
that would qualify as a nonlife insurance request a 6-month extension of time to Minnesota, Mississippi,
file. Missouri, Montana,
company subject to taxation under section Nebraska, Nevada, North
831, if it were a U.S. corporation, must Dakota, Oregon, South
file Form 1120-PC. This includes Who Must Sign Dakota, Texas, Utah,
Washington, Wyoming
organizations described in section The return must be signed and dated by:
501(m)(1) that provide commercial-type California (all other counties) Fresno, CA 93888
● The president, vice-president,
insurance and organizations described in
section 833. treasurer, assistant treasurer, chief Virginia Philadelphia, PA 19255
accounting officer or Corporations with their principal place
Exceptions. A nonlife insurance
● Any other corporate officer (such as tax
company that is: of business outside the United States or
● Exempt under section 501(c)(15)
officer) authorized to sign. Receivers, claiming a possessions tax credit
trustees, or assignees must sign and date (sections 936 and 30A) must file with the
should file Form 990, Return of any return filed on behalf of a corporation.
Organization Exempt from Income Tax. Internal Revenue Service Center,
● Subject to taxation under section 831,
If a corporate officer prepared Form Philadelphia, PA 19255.
1120-PC, the Paid Preparer's space A group of corporations located in
and disposes of its insurance business should remain blank. Anyone who
and reserves, or otherwise ceases to be several service center regions will often
prepares Form 1120-PC but does not keep all the books and records at the
taxed under section 831, but continues its charge the corporation, should not sign
corporate existence while winding up and principal office of the managing
the return. Generally, anyone who is paid corporation. In this case, the income tax
liquidating its affairs, should file Form to prepare the return must sign it and fill
1120, U.S. Corporation Income Tax returns of the corporations may be filed
in the Paid Preparer's Use Only area. with the service center for the region in
Return.
which the principal office is located.

Page 2
Other Forms, Returns, and Form 1099-MISC: Miscellaneous income nonresident alien individuals, foreign
(e.g., payments to certain fishing boat partnerships, or foreign corporations.
Statements That May Be crew members; payments to providers of Also, see sections 1441 and 1442, and
Required health and medical services; rent or Pub. 515, Withholding of Tax on
royalty payments; nonemployee Nonresident Aliens and Foreign
The corporation may have to file the compensation, etc.).
following. See the applicable forms for Corporations.
more information. Note: Every corporation must file Form Form 5471, Information Return of U.S.
1099-MISC if it makes payments of rents, Persons With Respect to Certain Foreign
Employment Tax Returns commissions, or other fixed or Corporations, is required if the
determinable income (see section 6041) corporation:
Form 940 or Form 940–EZ, Employer's
totalling $600 or more to any one person ● controls a foreign corporation;
Annual Federal Unemployment (FUTA)
in the course of its trade or business ● acquires, disposes of, or owns 10% or
Tax Return, is filed to report annual
during the calendar year. more in value or vote of the outstanding
Federal unemployment (FUTA) tax if
either of the following requirements are Form 1099-MSA: Distributions from a stock of a foreign corporation; or
met: (1) The corporation paid wages of medical savings account (MSA) or ● had control of a foreign corporation for
$1,500 or more in any calendar quarter in Medicare+Choice MSA. an uninterrupted period of at least 30 days
1999 or 2000, or (2) The corporation had Form 1099-OID: Original issue discount. during the annual accounting period of the
at least one employee who worked for the Form 1099-PATR: Distributions from foreign corporation. See Question 4,
corporation for some part of a day in any cooperatives to their patrons. Schedule N (Form 1120).
20 or more different weeks in 1999 or 20 Form 1099-R: Distributions from pension, Form 5472, Information Return of a 25%
or more different weeks in 2000. annuities, retirement or profit-sharing Foreign-Owned U.S. Corporation or a
Form 941, Employer's Quarterly Federal plans, individual retirement arrangements Foreign Corporation Engaged in a U.S.
Tax Return. Employers must file this form (IRAs) (including SEPs, SIMPLEs, Roth Trade or Business. This form is filed if the
to report income tax withheld and IRAs, Ed IRAs, Roth conversions and IRA corporation is 25% or more
employer and employee social security recharacterizations), or insurance foreign-owned. See the instructions for
and Medicare taxes. Also, see Trust fund contracts. Question 6 on page 17.
recovery penalty on page 6. Form 1099-S: Gross proceeds from the Form 5713, International Boycott Report.
Form 945, Annual Return of Withheld sale or exchange of real estate Corporations that have operations in, or
Federal Income Tax. File Form 945 to transactions. related to, certain “boycotting” countries
report income tax withholding from Also use these returns to report file Form 5713.
nonpayroll distributions such as the amounts received as a nominee for Form 8865, Return of U.S. Persons With
following income: another person. Respect to Certain Foreign Partnerships.
● Pensions, annuities, IRAs, military Form 5498, IRA Contribution Information: A domestic corporation may have to file
retirement, gambling winnings and Report contributions (including rollover Form 8865 if it:
● Indian gaming profits, and backup contributions) to any IRA, including a 1. Controlled a foreign partnership
withholding. SEP, SIMPLE, Roth IRA and Ed IRA, (i.e., owned more than a 50% direct or
Also, see Trust fund recovery penalty Roth conversions, IRA indirect interest in the partnership).
on page 6. recharacterizations, and the fair market 2. Owned at least a 10% direct or
value of the account. indirect interest in a foreign partnership
Information Returns 5498–MSA, MSA or Medicare+Choice while U.S. persons controlled that
Form W-2, Wage and Tax Statement, and MSA Information: Report contributions to partnership.
Form W-3, Transmittal of Wage and Tax a medical savings account (MSA) and the 3. Had an acquisition, disposition, or
Statements: Are used to report withheld fair market value of an MSA or change in proportional interest of a foreign
income, wages, tips, other compensation, Medicare+Choice MSA. partnership that:
social security, and Medicare taxes for an For more information, see the general a. Increased its direct interest to at
employee. and specific instructions for Forms 1099, least 10% or reduced its direct interest of
Form 1096, Annual Summary and 1098, 5498 and W-2G. at least 10% to less than 10%.
Transmittal of U.S. Information Returns. Form 8281, Information Return for b. Changed its direct interest by at
Form 1098, Mortgage Interest Statement: Publicly Offered Original Issue Discount least a 10% interest.
Use this form to report the receipt from Instruments: Report the issuance of public 4. Contributed property to a foreign
any individual of $600 or more of offerings of debt instruments (obligations). partnership in exchange for a partnership
mortgage interest (including points) in the Form 8300, Use this form to report of interest if:
course of the corporation's trade or Cash Payments Over $10,000 Received a. Immediately after the contribution,
business and reimbursements of overpaid in a Trade or Business: Report the receipt the corporation owned, directly or
interest. of more than $10,000 in cash or foreign indirectly, at least a 10% interest in the
Form 1099, Use these information returns currency in one transaction or a series of foreign partnership; or
to report the following: related transactions.
b. The fair market value of the
Form 1099-A: Acquisitions and International Forms property the corporation contributed to the
abandonments of secured property. foreign partnership in exchange for a
Form 1099-B: Proceeds from broker and Form 926, Return by a U.S. Transferor
partnership interest, when added to other
barter exchange transactions. of Property to a Foreign Corporation, is
contributions of property made to the
required to report certain transfers to
Form 1099-C: Cancellation of a debt. foreign partnership during the preceding
foreign corporations under section 6038B.
Form 1099-DIV: Certain dividends and 12–month period, exceeds $100,000.
Form 1042, Annual Withholding Tax
distributions. Also, the domestic corporation may
Return for U.S. Source Income of Foreign
Form 1099-INT: Interest income. have to file Form 8865 to report certain
Persons, and
Form 1099-LTC: Certain payments dispositions by a foreign partnership of
Form 1042-S, Foreign Person's U.S. property it previously contributed to that
made under a long-term care insurance Source Income Subject to Withholding,
contract and certain accelerated death foreign partnership if it was a partner at
are used to report and send withheld tax the time of the disposition.
benefits. on payments or distributions made to For more details, including penalties for
failing to file Form 8865, see Form 8865
and its separate instructions.

Page 3
Other Corporate Forms corporations. The life insurance reportable transactions that have tax
companies must have been members of shelter characteristics. A listed transaction
Form 720, Quarterly Federal Excise Tax
the group for the 5 tax years immediately must be reported if it is expected to
Return. Use Form 720 to report and pay:
preceding the tax year for which the reduce the taxpayer's income tax liability
● The luxury tax on passenger vehicles,
election is made. See section 1504(c)(2) by more than $1 million in a single tax
● Environmental taxes, and Regulations section year or by a total of more than $2 million
● Communications and Air transportation 1.1502-47(d)(12). for any combination of years. For other
taxes, The parent corporation of an affiliated reportable transactions, the threshold
● Fuel taxes, group of corporations must attach Form increases to $5 million for a single tax
● Manufacturers taxes, 851, Affiliations Schedule, to the year or to $10 million for any combination
● Ship passenger taxes, or consolidated return. For the first year a of years. Generally, reporting is not
consolidated return is filed, each required for customary business
● Certain other excise taxes.
subsidiary must attach Form 1122, transactions or transactions with tax
Form 966, Corporate Dissolution or Authorization and Consent of Subsidiary benefits that the IRS has no reasonable
Liquidation, is used to report the adoption Corporation To Be Included in a basis to challenge.
of a resolution or plan to dissolve the Consolidated Income Tax Return. See Temporary Regulations section
corporation or liquidate any of its stock. 1.6011-4T for details, including:
File supporting statements for each
Form 5452, Corporate Report of corporation included in the consolidated ● The definition of a reportable
Nondividend Distributions, is used to return. Use columns to show the transaction and a listed transaction,
report nondividend distributions. following, both before and after ● The relevant tax shelter characteristics
Form 8264, Application for Registration adjustments: for other reportable transactions,
of a Tax Shelter, is used by tax shelter ● Items of gross income and deductions. ● The form and content of the disclosure
organizers to apply for a tax shelter ● A computation of taxable income.
registration number. statement, and
● Balance sheets as of the beginning and ● The filing requirements of the disclosure
Form 8271, Investor Reporting of Tax
Shelter Registration Number. Report a end of the tax year. statement.
registered tax shelter's registration ● A reconciliation of income per books Also, see Notice 2000-15, 2000-12 I.R.B.
number. This form must be filed with any with income per return. 826 and Notice 2000-44, 2000-36 I.R.B.
return on which a deduction, loss, credit, ● A reconciliation of retained earnings. 255, for certain listed transactions
or other tax benefit is claimed or reported Enter the totals for the consolidated determined to have a tax avoidance
(or any income is reported) from an group on Form 1120-PC. Attach purpose and the intended tax benefits that
interest in a tax shelter. The requirement consolidated balance sheets and a are subject to disallowance. The listed
applies to all returns, including reconciliation of consolidated retained transactions in these notices may be
applications for tentative refund (Form earnings. updated from time to time when other tax
1139) and amended returns (Form avoidance transactions are identified.
For more information on consolidated
1120X). returns, see the regulations under section Stock ownership in foreign
Form 8275, Disclosure Statement, and 1502. corporations. Attach the statement
Form 8275–R Regulation Disclosure required by section 551(c) if the
Note: If a nonlife insurance company is corporation:
Statement. Disclose items or positions a member of an affiliated group, file Form ● Owned 5% or more in value of the
taken on a tax return that are not 1120-PC as an attachment to the
otherwise adequately disclosed on the tax consolidated return in lieu of filing outstanding stock of a foreign personal
return or that are contrary to Treasury supporting statements. Write across the holding company and
Regulations (to avoid parts of the ● Was required to include in its gross
top of page 1 of Form 1120-PC,
accuracy-related penalty or certain “Supporting Statement to Consolidated income any undistributed foreign personal
preparer penalties). Return.” holding company income from a foreign
Form 8594, Asset Acquisition Statement, personal holding company.
is used to report the purchase or sale of Statements Transfers to a corporation controlled
a group of assets that constitute a trade by the transferor. If a person receives
or business if goodwill or going concern NAIC annual statement. Regulations stock of a corporation in exchange for
value attach to the assets. section 1.6012-2(c) requires that the property, and no gain or loss is
Form 8816, Special Loss Discount NAIC annual statement be filed with Form recognized under section 351, the person
Account and Special Estimated Tax 1120-PC. A penalty for the late filing of a (transferor) and the transferee must each
Payments for Insurance Companies. This return may be imposed for not including attach to their tax returns the information
form must be filed by any insurance the annual statement when the return is required by Regulations section 1.351-3.
company that elects to take an additional filed.
deduction under section 847. Corporate tax shelters. A corporation is Assembling the Return
Form 8842, Election to Use Different required to disclose its participation in
certain tax shelters: After page 8, Form 1120–PC, assemble
Annualization Periods for Corporate any schedules and other forms in the
● By attaching a disclosure statement to
Estimated Tax, is filed to elect one of the following order:
annualization periods in section its income tax returns for a reportable
transaction for each tax year its income 1. Schedule N (Form 1120).
6655(e)(2) to figure estimated tax
payments under the annualized income tax liability is affected by its participation 2. Form 4136, Form 4626, and Form
installment method. in the transaction and 851.
Form 8849, Claim for Refund of Excise ● For the first tax year a disclosure 3. Additional schedules in alphabetical
Taxes, is used to claim a refund of certain statement is attached to its tax return by order.
excise taxes. sending a copy of the disclosure 4. Additional forms in numerical order.
statement to the Internal Revenue Complete every applicable entry space
Service, LM:PFTG:OTSA, 1111 on Form 1120-PC. Do not write “See
Consolidated Return Constitution Ave., NW, Washington, DC attached” instead of completing the entry
If an affiliated group of corporations 20224. spaces. If more space is needed on the
includes one or more domestic life Disclosure is required for reportable forms or schedules, attach separate
insurance companies taxed under section transactions that are: (a) listed sheets using the same size and format
801, the common parent may elect to transactions that the IRS has identified as as the printed forms.
treat those companies as includible tax avoidance transactions and (b) other

Page 4
If there are supporting statements and amount less than 50 cents and increase Make checks or money orders payable
attachments, arrange them in the same any amount from 50 cents through 99 to that depositary. To help ensure proper
order as the schedules or forms they cents to the next higher dollar. crediting, write the corporation's employer
support and attach them last. Show the identification number, the tax period to
totals on the printed forms. Also, be sure Recordkeeping which the deposit applies, and “Form
to put the corporation's name and EIN on 1120-PC” on the check or money order.
each supporting statement or attachment. Keep the corporation's records for as long Be sure to darken the “1120” box on the
as they may be needed for the coupon. Records of these deposits will be
administration of any provision of the
Accounting Methods Internal Revenue Code. Usually, records
sent to the IRS.
For more information on deposits, see
Figure taxable income using the method that support an item of income, deduction, the instructions in the coupon booklet
of accounting regularly used in keeping or credit on the return must be kept for 3 (Form 8109) and Pub. 583, Starting a
the corporation's books and records. years from the date the return is due or Business and Keeping Records.
Generally, permissible methods include: filed, whichever is later. Keep records that
● Cash, verify the corporation's basis in property If the corporation owes tax when it
● Accrual, or for as long as they are needed to figure
the basis of the original or replacement
! files Form 1120-PC, do not include
CAUTION the payment with the tax return.
● Any other method authorized by the
Internal Revenue Code. property. Instead, mail or deliver the payment with
The corporation should also keep Form 8109 to an authorized depositary,
The gross amounts of underwriting and or use EFTPS, if applicable.
investment income should be computed copies of all filed returns. They help in
on the basis of the underwriting and preparing future returns and amended
investment exhibit of the NAIC annual returns. Estimated Tax Payments
statement. In all cases, the method used Generally, the following rules apply to the
must clearly show taxable income. Depository Method of Tax corporation's payments of estimated tax.
Generally, a corporation must use the Payment The corporation must make installment
accrual method of accounting if its The corporation must pay the tax due in payments of estimated tax if it expects its
average annual gross receipts exceed $5 full no later than the 15th day of the 3rd estimated tax (income tax minus credits)
million. See section 448(c). month after the end of the tax year. The to be $500 or more.
Under the accrual method, an amount two methods of depositing corporate The installments are due by the 15th
is includible in income when: income taxes are discussed below. day of the 4th, 6th, 9th, and 12th months
● All the events have occurred that fix the
Electronic deposit requirement. The of the tax year. If any date falls on a
right to receive the income, which is the corporation must make electronic Saturday, Sunday, or legal holiday, the
earliest of the date (a) the required deposits of all depository taxes (such as installment is due on the next regular
performance takes place, (b) payment is employment tax, excise tax, and business day.
due or (c) payment is received, and corporate income tax) using the Electronic Use Form 1120-W, Estimated Tax for
● The amount can be determined with Federal Tax Payment System (EFTPS) in Corporations, as a worksheet to compute
reasonable accuracy. 2001 if: estimated tax. If the corporation does not
See Regulations section 1.451-1(a) for ● The total deposits of such taxes in 1999 use EFTPS, use the deposit coupons
details. were more than $200,000 or (Form 8109) to make deposits of
Generally, an accrual basis taxpayer ● The corporation was required to use
estimated tax.
can deduct accrued expenses in the tax EFTPS in 2000. For information on estimated tax
year in which: payments, including penalties that apply
If the corporation is required to use
● All events that determine the liability if the corporation fails to make required
EFTPS and fails to do so, it may be
have occurred, payments, see the instructions for line 15
subject to a 10% penalty. If the
on page 9.
● The amount of the liability can be corporation is not required to use EFTPS,
figured with reasonable accuracy, and it may participate voluntarily. To enroll in Overpaid Estimated Tax
● Economic performance takes place with or get more information about EFTPS, call
1-800-555-4477 or 1-800-945-8400. If the corporation overpaid estimated tax,
respect to the expense. it may be able to get a quick refund by
There are exceptions to the economic Depositing on time. For deposits
filing Form 4466, Corporation Application
performance rule for certain items, made by EFTPS to be on time, the
for Quick Refund of Overpayment of
including recurring expenses. See section corporation must initiate the transaction
Estimated Tax. The overpayment must be
461(h) and the related regulations for the at least 1 business day before the date
at least 10% of expected income tax
rules for determining when economic the deposit is due.
liability and at least $500. To apply for a
performance takes place. Deposits with Form 8109. If the quick refund, file Form 4466 before the
corporation does not use EFTPS, deposit 16th day of the 3rd month after the end
Change in Accounting Method corporation income tax payments (and of the tax year, but before the corporation
Generally, the corporation must get IRS estimated tax payments) with Form 8109, files its income tax return. Do not file Form
consent to change the method of Federal Tax Deposit Coupon. If you do 4466 before the end of the corporation's
accounting used to report taxable income not have a preprinted Form 8109, use tax year.
(for income as a whole or for any material Form 8109-B to make deposits. You can
item). To do so, it must file Form 3115, get this form only by calling Foreign insurance companies, see
Application for Change in Accounting 1-800-829-1040. Be sure to have your ! Notice 90-13, 1990-1 C.B. 321,
before computing estimated tax.
Method. For more information, see Pub. employer identification number (EIN) CAUTION

538, Accounting Periods and Methods. ready when you call.


Do not send deposits directly to an IRS Interest and Penalties
Rounding Off to Whole office; otherwise, the corporation may Interest. Interest is charged on taxes
have to pay a penalty. Mail or deliver the
Dollars completed Form 8109 with the payment
paid late even if an extension of time to
file is granted. Interest is also charged on
The corporation may show amounts on to an authorized depositary, i.e., a penalties imposed for failure to file,
the return and accompanying schedules commercial bank or other financial negligence, fraud, gross valuation
as whole dollars. To do so, drop any institution authorized to accept Federal overstatements, and substantial
tax deposits. understatements of tax from the due date
(including extensions) to the date of
Page 5
payment. The interest charge is figured Employer identification Tax Computation and
at a rate determined under section 6621.
Penalty for late filing of return. A number (EIN) Payments
corporation that does not file its tax return Show the correct EIN in Item B on page Note: Members of a controlled group
by the due date, including extensions, 1 of Form 1120-PC. If the corporation must attach a statement showing the
may be penalized 5% of the unpaid tax for does not have an EIN, it should apply for computation of the tax entered on line 4.
each month or part of a month the return one on Form SS-4, Application for
is late, up to a maximum of 25% of the Employer Identification Number. If the
unpaid tax. The minimum penalty for a corporation has not received its EIN by Tax Computation Worksheet for
return that is over 60 days late is the the time the return is due, write “Applied Members of a Controlled Group
smaller of the tax due or $100. The for” in the space provided for the EIN. See (Keep for your records.)
penalty will not be imposed if the Pub. 583 for more information.
Note: Each member of a controlled group must
corporation can show that the failure to compute the tax using this worksheet..
file on time was due to reasonable cause. Item A. Section 953 Election 1. Enter taxable income (line 1 or line
Corporations that file late must attach a 2, page 1) ...........................................
statement explaining the reasonable Check the applicable box if the
corporation is a foreign corporation and 2. Enter line 1 or the corporation's share
cause. of the $50,000 taxable income
Penalty for late payment of tax. A elects under: bracket, whichever is less ..................
corporation that does not pay the tax 1. Section 953(c)(3)(C) to treat its 3. Subtract line 2 from line 1 ..................
when due generally may be penalized 1/2 related person insurance income as 4. Enter line 3 or the corporation's share
of 1% of the unpaid tax for each month effectively connected with the conduct of of the $25,000 taxable income
or part of a month the tax is not paid, up a trade or business in the U.S., or bracket, whichever is less ..................
to a maximum of 25% of the unpaid tax. 2. Section 953(d) to be treated as a 5. Subtract line 4 from line 3 ..................
The penalty will not be imposed if the domestic corporation. 6. Enter line 5 or the corporation's share
corporation can show that the failure to of the $9,925,000 taxable income
Generally, a foreign corporation making bracket, whichever is less ..................
pay on time was due to reasonable cause. either election must file its return with the
7. Subtract line 6 from line 5 ..................
Trust fund recovery penalty. This Internal Revenue Service Center,
Philadelphia, PA 19255. See Notice 8. Multiply line 2 by 15% ........................
penalty may apply if certain excise,
income, social security, and Medicare 87–50, 1987–2 C.B. 357, and Notice 9. Multiply line 4 by 25% ........................
taxes that must be collected or withheld 89–79, 1989–2 C.B. 392, for the 10. Multiply line 6 by 34% ........................
are not collected or withheld, or these procedural rules election statement 11. Multiply line 7 by 35% ........................
taxes are not paid to IRS. These taxes are formats, and filing addresses for making 12. If the taxable income of the controlled
generally reported on Forms 720, 941, the respective elections under section group exceeds $100,000, enter this
953(c)(3)(C) or section 953(d). member's share of the smaller of: 5%
943, or 945, (see Other Forms, Returns, of the taxable income in excess of
and Statements That May Be Required, Note: Once either election is made, it will $100,000, or $11,750. See the
on page 3). The trust fund recovery apply to the tax year for which made and instructions for line 3b on page 7...
penalty may be imposed on all persons all subsequent tax years unless revoked 13. If the taxable income of the controlled
who are determined by the IRS to have with the consent of the Secretary. Also, group exceeds $15 million, enter this
member's share of the smaller of : 3%
been responsible for collecting, any loss of a foreign corporation electing of the taxable income in excess of
accounting for, and paying over these to be treated as a domestic insurance $15 million, or $100,000. See the
taxes, and who acted willfully in not doing company under section 953(d), will be instructions for line 3b on page 7...
so. The penalty is equal to the unpaid treated as a dual consolidated loss and 14. Total. Add lines 8 through 13. Enter
trust fund tax. See the instructions for may not be used to reduce the taxable here and on line 4, page 1.................
Form 720 or Pub. 15 (Circular E), income of any other member of the
Employer's Tax Guide, for details, affiliated group for this tax year or any Line 3
including the definition of responsible other tax year. Members of a controlled group. A
persons. member of a controlled group, as defined
Other penalties. Other penalties can be Item E. Final Return, Change in section 1563, must check the box on
imposed for negligence, substantial of Address, or Amended line 3 and complete lines 3a and 3b on
understatement of tax, and fraud. See page 1.
sections 6662 and 6663. Return Line 3a. Members of a controlled
Indicate a final return, change of address, group are entitled to one $50,000, one
or amended return by checking the $25,000, and one $9,925,000 taxable
Specific Instructions appropriate box. income bracket amount (in that order) on
line 3a.
Period Covered Taxable Income When a controlled group adopts or later
Line 1, Taxable income, and line 2, amends an apportionment plan, each
File the 2000 return for calendar year member must attach to its tax return a
Taxable investment income. If the
2000. copy of its consent to this plan. The copy
corporation is a small company as defined
in section 831(b)(2) and elects under (or an attached statement) must show the
Address section 831(b)(2)(A)(ii) to be taxed on part of the amount in each taxable income
taxable investment income, complete bracket apportioned to that member. See
Include the suite, room, or other unit Regulations section 1.1561-3(b) for other
number after the street address. Schedule B (ignore Schedule A) and enter
the amount from Schedule B, line 21, on requirements and for the time and manner
If the Post Office does not deliver mail of making the consent.
to the street address and the corporation line 2, page 1. All other corporations
should complete Schedule A (ignore Unequal apportionment plan. Members
has a P.O. box, show the box number of a controlled group may elect an
instead. Schedule B) and enter on line 1, page 1,
the amount from Schedule A, line 37. unequal apportionment plan and divide
Note: If a change of address occurs after the taxable income brackets as they want.
the return is filed, use Form 8822, There is no need for consistency among
Change of Address, to notify the IRS of taxable income brackets. Any member
the new address. may be entitled to all, some, or none of
the taxable income bracket. However, the

Page 6
total amount for all members cannot be Do not include on line 4 any interest tax year beginning in 2000 if that year is
more than the total amount in each due under section 1291(c)(3). Instead, the corporation's first tax year in existence
taxable income bracket. write the amount of interest owed in the (regardless of its gross receipts) or:
Equal apportionment plan. If no bottom margin of page 1 and label it 1. It was treated as a small
apportionment plan is adopted, members “Section 1291 interest.” For details, see corporation exempt from the AMT for all
of a controlled group must divide the Form 8621, Return by a Shareholder of prior tax years beginning after 1997, and
amount in each taxable income bracket a Passive Foreign Investment Company 2. its average annual gross receipts
equally among themselves. For example, or Qualified Electing Fund. for the 3-tax-year-period (or portion
controlled group AB consists of Additional tax under section 197(f). A thereof during which the corporation was
Corporation A and Corporation B. They corporation that elects to pay tax on the in existence) ending before its tax year
do not elect an apportionment plan. gain from the sale of an intangible under beginning in 1999 did not exceed $7.5
Therefore, each corporation is entitled to: the related person exception to the million ($5 million if the corporation had
● $25,000 (one-half of $50,000) on line anti-churning rules should include any only 1 prior tax year).
3a(1), additional tax due under section Line 8a. Foreign tax credit. To find out
● $12,500 (one-half of $25,000) on line 197(f)(9)(B) in the amount entered on line when a corporation can take this credit for
3a(2), and 4. On the dotted line next to line 4, write payment of income tax to a foreign
● $4,962,500 (one-half of $9,925,000) on
“Section 197” and the amount. For more country or U.S. possession, see Form
line 3a(3). information, see Pub. 535, Business 1118, Foreign Tax Credit—Corporations.
Expenses. Line 8b. Other credits.
Line 3b. Members of a controlled
group are treated as one group to figure Line 5. Enter amount of tax that a Possessions tax credit. The Small
the applicability of the additional 5% tax reciprocal must include. A mutual Business Job Protection Act of 1996
and the additional 3% tax. If an additional insurance company which is an repealed the possessions credit.
tax applies, each member will pay that tax interinsurer or reciprocal underwriter may However, existing credit claimants may
based on the part of the amount used in elect, under section 835, to limit the qualify for a credit under the transitional
each taxable income bracket to reduce deduction for amounts paid or incurred to rules. Get Form 5735, Possessions Tax
that member's tax. See section 1561(a). a qualifying attorney-in-fact to the amount Credit (Under Sections 936 and 30A).
If an additional tax applies, attach a of the deductions of the attorney-in-fact
allocable to the income received by the Include the credit in the amount shown
schedule showing the taxable income of on line 8b. On the line to the left of the
the entire group and how the corporation attorney-in-fact from the reciprocal. If this
election is made, any increase in taxable entry space, write the amount of the credit
figured its share of the additional tax. and identify it as a section 936 credit.
income of a reciprocal as a result of this
Line 3b(1) limitation is taxed at the highest rate of tax Nonconventional source fuel credit.
specified in section 11(b). A credit is allowed for the sale of qualified
Enter the corporation's share of the fuels produced from a nonconventional
additional 5% tax on line 3b(1). Make no entry on line 5 if the mutual
insurance company's taxable income source. Section 29 contains a definition
Line 3b(2) before including the section 835(b) of qualified fuels, provisions for figuring
amount is $100,000 or more. Otherwise, the credit, and other special rules. Attach
Enter the corporation's share of the a separate schedule to the return showing
additional 3% tax on line 3b(2). this tax is 35% of the section 835(b)
amount. If an entry is made on line 5, the computation of the credit.
Line 4 attach a statement showing how the tax Qualified electric vehicle (QEV)
was computed. credit. Include on line 8b any credit from
Most corporations figure their tax by using Form 8834, Qualified Electric Vehicle
the Tax Rate Schedule below. Exceptions Reciprocal underwriters making the
section 835(a) election are allowed a Credit. Vehicles that qualify for this credit
apply to members of a controlled group. are not eligible for the deduction for
See the instructions below the Tax Rate credit on line 14h for the amount of tax
paid by the attorney-in-fact that is related clean-fuel vehicles under section 179A.
Schedule and the worksheet above for
to the income received by the Line 8c. General business credit.
more information.
attorney-in-fact from the reciprocal in the Complete this line if the corporation can
tax year. take any of the following credits.
Tax Rate Schedule See section 835 and the related Complete Form 3800, General Business
If the amount on line 1 or line 2, page 1, regulations for special rules and Credit, if the corporation has two or more
Form 1120-PC information regarding the statements of these credits, (other than the
is: required to be attached to the return. empowerment zone employment credit),
general credits from an electing large
Line 6. Alternative minimum tax.
Of the partnership, a general business credit
Unless the corporation is treated as a
But not amount carryforward or carryback (other than the
Over— over— Tax is: over— small corporation exempt from the
empowerment zone employment credit),
alternative minimum tax (AMT), it may
$0 $50,000 15% $0 a trans-Alaska pipeline liability fund credit,
owe the AMT if it has any of the
50,000 75,000 $ 7,500 + 25% 50,000 or a passive activity credit (other than the
75,000 100,000 13,750 + 34% 75,000 adjustments and tax preference items
low-income housing credit or the
100,000 335,000 22,250 + 39% 100,000 listed on Form 4626, Alternative Minimum
335,000 10,000,000 113,900 + 34% 335,000 empowerment zone employment credit).
Tax—Corporations. The corporation must
10,000,000 15,000,000 3,400,000 + 35% 10,000,000 Enter the amount of the general business
15,000,000 18,333,333 5,150,000 + 38% 15,000,000 file Form 4626 if its taxable income (loss)
credit on line 8c, and check the box for
18,333,333 ----- 35% 0 combined with these adjustments and tax
Form 3800.
preference items is more than the smaller
Deferred tax under section 1291. If the of: If the corporation has only one credit,
corporation was a shareholder in a ● $40,000, or
enter on line 8c the amount of the credit
passive foreign investment company from the form. Also be sure to check the
● The corporation's allowable exemption
(PFIC), and the corporation received an appropriate box for that form.
excess distribution or disposed of its amount (from Form 4626). Form 3468, Investment Credit.
investment in the PFIC during the year, it For this purpose, taxable income does Form 5884, Work Opportunity Credit.
must include the total increase in taxes not include the NOL deduction. Get Form
4626 for details. Form 6478, Credit for Alcohol Used as
due under section 1291(c)(2) in the
Fuel.
amount entered on line 4. On the dotted Exemption for small corporation. A
line next to line 4, write “Section 1291” corporation is treated as a small Form 6765, Credit for Increasing
and the amount. corporation exempt from the AMT for its Research Activities.

Page 7
Form 8586, Low-Income Housing Note: Interest received from certain employment credit allowed for a prior tax
Credit. portfolio debt investments that were year by reason of wages paid or incurred
Form 8820, Orphan Drug Credit. issued after July 18, 1984, is not subject to that employee must be recaptured. For
Form 8826, Disabled Access Credit. to the tax. details, see Form 8845 and section 45A.
Form 8830, Enhanced Oil Recovery Additional taxes resulting from the net Include the amount of the recapture in the
Credit. investment income adjustment may offset total for line 12, page 1. On the dotted line
a corporation's 30% tax on U.S. source next to the entry space, write “45” and the
Form 8835, Renewable Electricity amount.
Production Credit. income. The tax reduction is determined
by multiplying the 30% tax by the ratio of
Form 8844, Empowerment Zone Line 13. Total tax
the amount of income adjustment to
Employment Credit. income subject to the 30% tax, computed Other tax and interest amounts may be
Note: Although the empowerment zone without the exclusion for interest on state included in or subtracted from the total tax
employment credit is a component of the and local bonds or income exempted from reported on line 13.
general business credit, it is figured taxation by treaty. See section 842(c)(2). Amounts to include in the total for line
separately and is not carried to Form Attach a statement showing how the 13:
3800. reduction under section 881 was figured. ● Interest on deferred tax attributable to
Form 8845, Indian Employment Credit. Include the net tax imposed by section certain nondealer installment obligations
Form 8846, Credit for Employer Social 881 on line 10. (section 453A(c))
Security and Medicare Taxes Paid on Note: Section 953(d) allows a foreign ● Interest due on deferred gain under
Certain Employee Tips. insurance company to elect to be taxed section 1260(b)
Form 8847, Credit for Contributions as a domestic corporation. If elected, ● For shareholders in qualified electing
to Selected Community Development include the additional tax required to be funds, deferred tax due upon termination
Corporations. paid on line 13. Write on the dotted line of a section 1294 election (see Form
Form 8861, Welfare-to-Work Credit. to the left of line 13, “Sec. 953(d) tax” and 8621,Part V)
Line 8d. Credit for prior year minimum the amount. Attach a schedule showing
Amount to subtract from the total for
tax. To figure the minimum tax credit and the computation. See section 953(d) for
line 13:
more details.
any carryforward of that credit, use Form • Deferred tax on the corporation's
8827, Credit for Prior Year Minimum Line 11. Personal holding company
share of the undistributed earnings of a
Tax— Corporations. tax. A corporation is taxed as a personal
qualified electing fund (see Form 8621,
Also see Form 8827 if any of the holding company (PHC) under section
Part II)
corporation's 1999 nonconventional 542 if:
● At least 60% of it's adjusted ordinary
How to Report. Attach a schedule
source fuel credit, or qualified electric showing your computation of each item
vehicle credit was disallowed solely gross income for the tax year is PHC
included in, or subtracted from, the total
because of the tentative minimum tax income, and
for line 13. On the dotted line next to line
limitation. See section 53(d). ● At any time during the last half of the
13, enter the amount of tax or interest
Line 8e. Qualified zone academy bond tax year more than 50% in value of it's and:
outstanding stock is owned, directly or
credit. Enter the amount of any credit • Identify it as tax or interest
from Form 8860, Qualified Zone indirectly, by five or fewer individuals.
• Specify the code section that applies.
Academy Bond Credit. To figure this tax, use Schedule PH
(Form 1120), U.S. Personal Holding If you figure the tax or interest using
Line 10. Foreign corporations. A another form (e.g., Form 8621), see the
foreign corporation carrying on an Company Tax.
instructions for that form to find out how
insurance business in the United States Line 12. Recapture taxes to report the amount and what to write on
is taxed as a domestic insurance Recapture of investment credit. If line 13.
company on its income effectively the corporation disposed of investment
connected with the conduct of a trade or Line 14b. Prior year(s) special
credit property or changed its use before estimated tax payments to be applied.
business in the United States. See the end of its useful life or recovery
sections 842 and 897, and Notice 89-96, The amount entered on line 14b must
period, it may owe a tax. See Form 4255, agree with the amount(s) from line 11,
1989-2 C.B. 417, for more information. Recapture of Investment Credit, for
See Rev. Proc. 2000-32, 2000–33 I.R.B. Part III, Form 8816. See Form 8816 and
details. section 847(2) for additional information.
172 for the domestic asset/liability Recapture of low-income housing
percentages and domestic investment Line 14c. Estimated tax payments.
credit. If the corporation disposed of Enter any estimated tax payments the
yields needed by foreign insurance property (or there was a reduction in the
companies to compute their minimum corporation made for the tax year. Do not
qualified basis of the property) for which include any amount being applied on line
effectively connected net investment it took the low-income housing credit, it
income under section 842(b). Income 14d as a “Special estimated tax
may owe a tax. See Form 8611, payment.”
from sources outside the United States Recapture of Low-Income Housing Credit.
from U.S. business is treated as Line 14d. Special estimated tax
Recapture of qualified electric payments. If the deduction under section
effectively connected with the conduct of vehicle (QEV) credit. The corporation
a trade or business in the United States. 847 is claimed on Schedule A, line 27,
must recapture part of the QEV credit it special estimated tax payments must be
For a definition of effectively connected claimed in a prior year if, within 3 years
income, see sections 864(c) and 897. made in an amount equal to the tax
of the date the vehicle was placed in benefit of the deduction. These payments
Generally, under section 881, any other service, it ceases to qualify for the credit.
U.S. source income received by a foreign must be made on or before the due date
See Regulations section 1.30-1 for details (without regard to extensions) of this tax
corporation that is not effectively on how to figure the recapture. Include the
connected with the conduct of a trade or return. See Form 8816 and section 847(2)
amount of the recapture in the total for for additional information.
business in the United States is taxed at line 12, page 1. On the dotted line next to
30% (or at a lower treaty rate). If the the entry space, write “QEV ” and the Tax Benefit Rule. Section 847(8)
corporation has this income, attach a amount. requires that if a corporation carries back
schedule showing the kind and amount net operating losses or capital losses that
Recapture of Indian employment arise in years after a year in which a
of income, the tax rate, and the amount credit. Generally, if an employer
of tax. section 847 deduction was claimed, then
terminates the employment of a qualified the corporation must recompute the tax
employee less than 1 year after the date benefit attributable to the previously
of initial employment, any Indian claimed section 847 deduction taking into

Page 8
account the loss carrybacks. Tax benefits exchanges of capital assets exceed the
also include those derived from filing a gains from these sales or exchanges plus
consolidated return with another Schedule A — Taxable the smaller of:
insurance company (without regard to Income 1. Taxable income (computed without
section 1503(c)). Therefore, if the gains or losses from sales or exchanges
recomputation changes the amount of the Gross income. The gross amounts of
underwriting and investment income of capital assets); or
section 847 tax benefit, then the taxpayer 2. Losses from the sale or exchange
must provide a computation schedule and should be computed on the basis of the
underwriting and investment exhibit of the of capital assets sold or exchanged to
attach it to the Form 8816. obtain funds to meet abnormal insurance
NAIC annual statement.
Line 14h. Credit by reciprocal for tax losses and to provide for the payment of
paid by attorney-in-fact under section Note: In computing the amounts for lines
2, 3, and 4, take all interest, dividends, dividends and similar distributions to
835(d). Enter the amount of tax paid by policyholders.
an attorney-in-fact as a result of income or rents received during the year, add
interest, dividends, or rents due and Subject to the limitations in section
received by the attorney-in-fact from the 1212(a), a net capital loss can be carried
reciprocal during the tax year. For more accrued at the end of the tax year, and
deduct interest, dividends, or rents due back 3 years and forward 5 years as a
information, see section 835, the related short-term capital loss.
regulations, and the instructions for line 5 and accrued at the end of the preceding
tax year. For rules regarding the accrual Line 8. Certain mutual fire or flood
on page 7. insurance companies. A mutual fire or
of dividends, see Regulations section
Line 14i. Other credits and payments. 1.301-1(b). flood insurance company whose principal
Enter the amount of any other credits the business is the issuance of policies:
corporation may take and/or payments Line 3a, column (a). Gross interest.
Enter the gross amount of interest 1. For which the premium deposits are
made. Write to the left of the entry space, the same (regardless of the length of the
an explanation of the entry. income, including all tax-exempt interest.
Line 3b, column (a). Section 103(a) term the policies are written for), and
Backup withholding. If the corporation 2. Under which the unabsorbed
had income tax withheld from any excludes interest on state or local bonds
from gross income. portion of such premium deposits not
payments it received, because, for required for losses, expenses, or
example, it failed to give the payer its This exclusion does not apply to any:
1. Private activity bond which is not a establishment of reserves is returned or
correct EIN, include the amount withheld credited to the policyholder on
in the total for line 14i. This type of qualified bond as defined by section 141;
cancellation or expiration of the policy,
withholding is called backup withholding. 2. Arbitrage bond as defined by must include in income an amount equal
Show the amount withheld in the blank section 148; or to 2% of the premiums earned on
space in the right hand column between 3. Bonds not meeting the insurance contracts during the tax year
lines 13 and 14j, and write “backup requirements of section 149 (regarding with respect to such policies after
withholding.” the registration of tax-exempt bonds). deduction of premium deposits returned
Line 14j. Total payments. Add the Lines 3a and 3b, column (b). or credited during the same tax year. See
amounts on lines 14f through 14i and Amortization of premium. Enter on line section 832(b)(1)(D).
enter the total on line 14j. 3a, column (b), the total amortization of Line 9. Income on account of the
Line 15. Estimated tax penalty. A bond premium, including amortization on special income and deduction
corporation that does not make estimated tax-exempt bonds. Enter on line 3b, accounts. Corporations which write the
tax payments when due may be subject column (b), the amortization of bond kinds of insurance below must maintain
to an underpayment penalty for the period premium on tax-exempt bonds only. the following special accounts. A
of underpayment. Generally, a Note: Insurance companies electing to corporation which writes:
corporation is subject to the penalty if its amortize discount for tax purposes must 1. Mortgage guaranty insurance, must
tax liability is $500 or more, and it did not reduce the amortization of premium by maintain a mortgage guaranty account;
timely pay the smaller of: any amortization of discount.
● Its tax liability for 2000, or
2. Lease guaranty insurance, must
Line 4. Gross rents. Enter gross rents, maintain a lease guaranty account; and
● Its prior year's tax. See section 6655 for computed as indicated under the 3. Insurance on obligations the
details and exceptions, including special instructions for Gross income above. interest on which is excludable from gross
rules for large corporations. Deduct rental expenses, such as repairs, income under section 103, must maintain
Use Form 2220, Underpayment of interest, taxes, and depreciation on the an account with respect to insurance on
Estimated Tax by Corporations, to see if proper lines for deductions section. state and local obligations.
the corporation owes a penalty and to Line 6. Capital gain net income. Every Amounts required to be subtracted from
figure the amount of the penalty. sale or exchange of a capital asset by a these accounts under sections 832(e)(5)
Generally, the corporation does not have corporation must be reported in detail on and 832(e)(6) must be reported as income
to file this form because the IRS can Schedule D (Form 1120), Capital Gains on line 9. See section 832(e) for more
figure the amount of any penalty and bill and Losses, even though no gain or loss information.
the corporation for it. However, even if the is indicated.
corporation does not owe the penalty, you Line 10. Income from protection
Generally, losses from sales or against loss account. Although section
must complete and attach Form 2220 if exchanges of capital assets are only
either of the following apply: 1024 of P.L. 99-514 repealed section 824
allowed to the extent of gains. However, relating to the protection against loss
● The annualized income or adjusted corporations taxed under section 831 may account (PAL account), PAL account
seasonal installment method is used or. claim losses from capital assets sold or balances are includible in income as
● The corporation is a large corporation exchanged to get funds to meet abnormal though section 824 were still in effect.
computing its first required installment insurance losses and to pay dividends Attach a schedule showing the
based on the prior year's tax. (See the and similar distributions to policyholders. computation.
Form 2220 instructions for the definition DO NOT include those types of losses
here, but instead, report them on Line 11. Mutual interinsurers or
of a large corporation.) reciprocal underwriters—decrease in
If you attach Form 2220, be sure to Schedule G.
subscriber accounts. Enter the
check the box on line 15, and enter the The net capital loss for these decrease for the tax year in savings
amount of any penalty on that line. corporations is the amount by which credited to subscriber accounts of a
losses for the year from sales or mutual insurance company that is an
interinsurer or reciprocal underwriter.

Page 9
Line 12. Income from a special loss Disallowance of deduction for And the vehicle's FMV on
the first day of the lease
discount account. Enter the amount employee compensation in excess of The lease term began: exceeded:
from Form 8816, Part II, line 6. $1 million. Publicly-held corporations After 12/31/98 ................................................ $15,500
Line 13. Other Income. Enter any other may not deduct compensation to a
After 12/31/96 but before 1/1/99.................... $15,800
taxable income not reported on lines 1 “covered employee” to the extent that the After 12/31/94 but before 1/1/97.................... $15,500
through 12. List the type and amount of compensation exceeds $1 million. After 12/31/93 but before 1/1/95.................... $14,600
income on an attached schedule. If the Generally, a covered employee is:
● The chief executive officer of the
If the lease term began before January
corporation has only one item of other 1, 1994 or, the corporation leased an
income, describe it in parentheses on line corporation (or an individual acting in that electric vehicle, see Pub. 463, Travel,
13. Examples of other income to report capacity) as of the end of the tax year, or Entertainment, Gift and Car Expenses, to
on line 13 are: ● An employee whose total compensation
find out if the corporation has an inclusion
● The amount of any deduction previously must be reported to shareholders under amount. Also see Pub. 463 for
taken under section 179A that is subject the Securities Exchange Act of 1934 instructions on figuring the inclusion
to recapture. The corporation must because the employee is among the four amount.
recapture the benefit of any allowable highest compensated officers for that tax
Line 19. Taxes and licenses. Enter
deduction for qualified clean-fuel vehicle year (other than the chief executive
taxes paid or accrued during the tax year,
property (or clean-fuel vehicle refueling officer).
but do not include the following:
property) if the property later ceases to For this purpose, compensation does ● Federal income taxes.
qualify. See Regulations section 1.179–1 not include the following:
for details. ● Foreign or U.S. possession income
● Income from certain employee trusts,
● Ordinary income from trade or business taxes if a credit is claimed (however, see
annuity plans, or pensions; and
activities of a partnership (from Schedule the instructions for Form 5735 for special
● Any benefit paid to an employee that is
K-1 (Form 1065 or Form 1065-B)). Do not rules for possession income taxes).
excluded from the employee's income. ● Taxes not imposed on the corporation.
offset ordinary losses against ordinary The deduction limit does not apply to:
income. Instead, include the losses on ● Taxes, including state or local sales
● Commissions based on individual
line 31. Show the partnership's name, taxes, that are paid or incurred in
address and EIN on a separate statement performance; connection with an acquisition or
● Qualified performance-based disposition of property. (These taxes must
attached to this return. If the amount
entered is from more than one partnership compensation; and be treated as a part of the cost of the
identify the amount from each ● Income payable under a written, binding acquired property or, in the case of a
partnership. contract in effect on February 17, 1993. disposition, as a reduction in the amount
● Generally, the installment method The $1 million limit is reduced by realized on the disposition.).
cannot be used for sales of property after amounts disallowed as excess parachute ● Taxes assessed against local benefits
December 16, 1999, that would otherwise payments under section 280G. that increase the value of the property
be reported using an accrual method of For details, see section 162(m) and assessed (such as for paving, etc.)
accounting. See section 453(l) for details. Regulations section 1.162–27. See section 164(d) for the
Line 16. Salaries and wages. Enter the apportionment of taxes on real estate
Deductions amount of salaries and wages paid for the between a seller and a purchaser.
Reducing certain expenses for which tax year, reduced by any: Line 20a. Interest.
credits are allowable. For each credit ● Work opportunity credit from Form Note: The deduction for interest is limited
listed below, the corporation must reduce 5884, when the corporation is a policyholder or
the otherwise allowable deductions for ● Empowerment zone employment credit beneficiary with respect to a life
expenses used to figure the credit by the from Form 8844, insurance, endowment, or annuity
amount of the current year credit: contract issued after June 8, 1997. For
● Indian employment credit from Form
1. Work opportunity credit. 8845. details, see section 264(f). Attach a
2. Research credit. ● Welfare-to-work credit from Form 8861.
statement showing the computation of the
3. Enhanced oil recovery credit. See the instructions for these forms for deduction.
4. Disabled access credit. more information. Do not include salaries The corporation must make an interest
5. Empowerment zone employment and wages deductible elsewhere on the allocation if the proceeds of a loan were
credit. return, such as elective contributions to a used for more than one purpose (e.g., to
section 401(k) cash or deferred purchase a portfolio investment and to
6. Indian employment credit.
arrangement, or amounts contributed acquire an interest in a passive activity).
7. Employer credit for social security See Temporary Regulations section
and Medicare taxes paid on certain under a salary reduction SEP agreement
or a SIMPLE IRA plan. 1.163–8T for the interest allocation rules.
employee tips.
Do not deduct the following interest:
8. Orphan drug credit. If the corporation provided taxable ● Interest on indebtedness incurred or
9. Welfare-to-work credit. ! fringe benefits to its employees,
CAUTION such as the personal use of a car,
continued to purchase or carry obligations
If the corporation has any of these if the interest is wholly exempt from
credits, be sure to figure each current do not deduct as wages the amount income tax. For exceptions, see section
year's credit before figuring the deduction allocated for depreciation and other 265(b).
for expenses on which the credit is based. expenses that are claimed elsewhere on
● Interest and carrying charges on
Line 15. Compensation of officers. its return.
straddles. Generally, these amounts must
Attach a schedule for all officers using the Line 18. Rents. If the corporation rented be capitalized. See section 263(g).
following columns: or leased a vehicle, enter the total annual
● Interest on debt allocable to the
1. Name of officer; rent or lease expense paid or incurred
during the year. Also complete Part V of production of designated property by a
2. Social security number; Form 4562, Depreciation and corporation for its own use or for sale. The
3. Percentage of time devoted to Amortization. If the corporation leased a corporation must capitalize this interest.
business; vehicle for a term of 30 days or more, the Also capitalize any interest on debt
4. Amount of compensation. deduction for the vehicle lease expense allocable to an asset used to produce the
This information must be submitted by may have to be reduced by an amount property. See section 263A and
each member of an affiliated group called the inclusion amount. The Regulations section 1.263A-8 through
included in a consolidated return. corporation may have an inclusion 1.263A-15 for definitions and more
amount if: information.

Page 10
Special rules apply to: organization that shows the amount of The reduction for long-term capital gain
● Interest on which no tax is imposed cash contributed, describes any property applies to:
(see section 163(j)). contributed, and either gives a description ● Contributions of tangible personal
● Foregone interest on certain and a good faith estimate of the value of property for use by an exempt
below-market-rate loans (see section any goods or services provided in return organization for a purpose or function
7872). for the contribution, or states that no unrelated to the basis for its exemption,
● Original issue discount on certain
goods or services were provided in return and
high-yield discount obligations (See for the contribution. The acknowledgment ● Contributions of any property to or for
section 163(e) to figure the disqualified must be obtained by the due date the use of certain private foundations,
portion.) (including extensions) of the corporation's except for stock for which market
return, or if earlier, the date the return is quotations are readily available (see
Line 20b. Less tax-exempt interest filed. Do not attach the acknowledgment
expense. Enter interest paid or accrued section 170(e)(5)).
to the tax return, but keep it with the Larger deduction. A larger deduction
during the tax year on indebtedness corporation's records. These rules apply
incurred or continued to purchase or carry is allowed for certain contributions of:
in addition to the filing requirements for
obligations if the interest is wholly exempt ● Inventory and other property to certain
Form 8283 described below.
from income tax. For exceptions, see organizations for use in the care of the ill,
section 265(b). For more information on substantiation needy, or infants (see section 170(e)(3)
and recordkeeping requirements, see the and Regulations section 1.170A-4A);
Line 21. Charitable contributions. regulations under section 170 and Pub.
Enter contributions or gifts actually paid in ● Scientific equipment used for research
526, Charitable Contributions.
the tax year to or for the use of charitable to institutions of higher learning or to
and governmental organizations Contributions to organizations certain scientific research organizations
described in section 170(c), and any conducting lobbying activities. (other than by personal holding
unused contributions carried over from Contributions made to an organization companies and service organizations)
prior years. that conducts lobbying activities are not (see section 170(e)(4));
deductible if:
Corporations reporting taxable income ● Computer technology and equipment to
● The lobbying activities relate to matters
on the accrual method may elect to treat schools.
as paid during the tax year any of direct financial interest to the donor's
trade or business and Contributions of computer
contributions paid by the 15th day of the technology and equipment to schools.
● The principal purpose of the
3rd month after the end of the tax year if A corporation may take an increased
the contributions were authorized by the contribution was to avoid Federal income deduction under section 170(e)(6) for
board of directors during the tax year. tax by obtaining a deduction for activities qualified contributions of computer
Attach a declaration to the return, signed that would have been nondeductible technology or equipment for elementary
by an officer, stating that the resolution under the lobbying expense rules if or secondary school purposes. A
authorizing the contributions was adopted conducted directly by the donor. contribution is a qualified contribution if:
by the board of directors during the tax Contribution of property other than ● It is made to an eligible donee (see
year. Also attach a copy of the resolution. cash. If a corporation (other than a below)
Limitation on deduction. The total closely held corporation, see below)
● Substantially all of the donee property
amount claimed may not be more than contributes property other than cash and
claims over a $500 deduction for the use is:
10% of taxable income (line 37, Schedule 1. Related to the purpose or function
A) computed without regard to the property, it must attach a schedule to the
return describing the kind of property of the donee;
following:
● Any deduction for contributions,
contributed and the method used to 2. For use within the United States;
determine its fair market value (FMV). and
● The deduction for dividends received,
Closely-held corporations generally 3. For educational purposes in any
● The deduction allowed under section
must complete Form 8283, Noncash grade K–12.
249, Charitable Contributions, and attach it to ● The contribution is made not later than
● Any net operating loss (NOL) carryback their returns. All other corporations 2 years after the date the taxpayer
to the tax year under section 172, and generally must complete and attach Form acquired or substantially completed the
● Any capital loss carryback to the tax 8283 to their returns for contributions of construction of the property:
year under section 1212(a)(1). property (other than money) if the total ● The original use of the property is by
Carryover. Charitable contributions claimed deduction for all property the donor or the donee;
over the 10% limitation may not be contributed was more than $5,000. ● The property is not transferred by the
deducted for the tax year but may be If the corporation made a “qualified donee for money, services, or other
carried over to the next 5 tax years. conservation contribution” under section property, except for shipping, transfer,
Special rules apply if the corporation 170(h), also include the FMV of the and installation costs; and
has an NOL carryover to the tax year. In underlying property before and after the ● The property fits productively into the
figuring the charitable contributions donation, as well as the type of legal donee's education plan.
deduction for the tax year, the 10% limit interest contributed, and describe the
conservation purpose benefited by the Eligible donee. The term “eligible
is applied using the taxable income after donee” means:
the deduction for NOL. donation. If a contribution carryover is
● An educational organization that
To figure the amount of any remaining included, show the amount and how it
was determined. normally maintains a regular faculty and
NOL carryover to later years, taxable curriculum and has a regularly enrolled
income must be modified (see section Reduced deduction for contributions
of certain property. For a charitable body of pupils in attendance at the place
172(b)). To the extent that contributions where its educational activities are
are used to reduce taxable income for this contribution of property, the corporation
must reduce the contribution by the sum regularly conducted or
purpose and increase an NOL carryover,
● A section 501(c)(3) entity organized
a contributions carryover is not allowed. of:
See section 170(d)(2)(B). ● The ordinary income and short-term
primarily for purposes of supporting
capital gain that would have resulted if the elementary and secondary education.
Substantiation requirements.
Generally, no deduction is allowed for any property had been sold at its FMV, and Note: Contributions of computer
contribution of $250 or more unless the ● For certain contributions, the long-term
technology or equipment to private
corporation obtains a written capital gain that would have resulted if the foundations may be treated as qualified
acknowledgment from the donee property were sold at its FMV. elementary or secondary educational

Page 11
contributions if certain requirements are See section 847 and Form 8816 for partnership, identify the amount from
met. See section 170(e)(6)(C). more information. each partnership.
Line 22. Depreciation. Besides Line 29. Dividends to policyholders. ● Dividends paid in cash on stock held
depreciation, include on line 22 the part Enter the total dividends and similar by an employee stock ownership plan.
of the cost that the corporation elected to distributions paid or declared to However, a deduction may only be
expense under section 179 for certain policyholders, as policyholders, except in taken if, according to the plan, the
tangible property placed in service during the case of a mutual fire insurance dividends are:
tax year 2000 or carried over from 1999. company exclusively issuing perpetual 1. Paid in cash directly to the plan
See Form 4562, Depreciation and policies. Whether dividends have been participants or beneficiaries;
Amortization and its instructions. paid or declared should be determined 2. Paid to the plan which distributes
Line 23. Depletion. See sections 613 according to the method of accounting them in cash to the plan participants or
and 613A for percentage depletion rates employed by the insurance company. their beneficiaries no later than 90 days
applicable to natural deposits. Also, see Dividends and similar distributions after the end of the plan year in which the
section 291 for the limitation on the include amounts returned or credited to dividends are paid; or
depletion deduction for iron ore and coal policyholders on cancellation or expiration 3. Used to make payments on a loan
(including lignite). of policies issued by a mutual fire or flood described in section 404(a)(9).
Attach Form T (Timber), Forest insurance company:
See section 404(k) for more details and
Activities Schedules, if a deduction for 1. Where the premium deposits for the the limitation on certain dividends.
depletion of timber is taken. policy are the same (regardless of the
length of the policy), and • Do not deduct fines or penalties paid
Foreign intangible drilling costs and to a government for violating any law.
foreign exploration and development 2. The unabsorbed portion of the
costs must either be added to the premium deposits not required for losses, Travel, meals, and entertainment.
corporation's basis for cost depletion expenses, or establishment of reserves is Subject to limitations and restrictions
purposes or be deducted ratably over a returned or credited to the policyholder on discussed below, a corporation can
10-year period. See sections 263(i), 616, cancellation or expiration of the policy. deduct ordinary and necessary travel,
and 617 for details. In the case of a qualified group meal, and entertainment expenses paid
Line 24. Pension, profit-sharing, etc., self-insurers fund, the fund's deduction for or incurred in its trade or business. Also,
plans. Enter the deduction for policyholder dividends is allowed no special rules apply to deductions for gifts,
contributions to qualified pension, earlier than the date the state regulatory skybox rentals, luxury water travel,
profit-sharing, or other funded deferred authority determines the amount of the convention expenses, and entertainment
compensation plans. Employers who policyholder dividend that may be paid. tickets. See section 274 and Pub. 463 for
maintain such a plan generally must file See section 6076 of the Technical and more details.
one of the forms listed below, even if the Miscellaneous Revenue Act of 1988 (“Act Travel. The corporation cannot deduct
plan is not a qualified plan under the of 1988”). travel expenses of any individual
Internal Revenue Code. The filing Line 30. Mutual interinsurers or accompanying a corporate officer or
requirement applies even if the reciprocal underwriters—increase in employee, including a spouse or
corporation does not claim a deduction for subscriber accounts. A mutual dependent of the officer or employee,
the current tax year. There are penalties insurance company that is an interinsurer unless:
for failure to file these forms on time and ● That individual is an employee of the
or reciprocal underwriter may deduct the
for overstating the pension plan increase in savings credited to corporation, and
deduction. See sections 6652(e) and subscriber accounts for the tax year. ● His or her travel is for a bona fide
6662(f). Savings credited to subscriber business purpose and would otherwise
Form 5500, Annual Return/Report of accounts means the surplus credited to be deductible by that individual.
Employee Benefit Plan. File this form for the individual accounts of subscribers Meals and entertainment. Generally,
a plan that is not a one-participant plan before the 16th day of the 3rd month the corporation can deduct only 50% of
(see below). following the close of the tax year. This is the amount otherwise allowable for meals
Form 5500-EZ, Annual Return of true only if the corporation would be and entertainment expenses paid or
One-Participant (Owners and Their required to pay this amount promptly to a incurred in its trade or business. In
Spouses) Retirement Plan. File this form subscriber if the subscriber ended the addition (subject to exceptions under
for a plan that only covers the owner (or contract when the corporation's tax year section 274(k)(2)):
the owner and his or her spouse) but only ends. The corporation must notify the ● Meals must not be lavish or
if the owner (or the owner and his or her subscriber as required by Regulations extravagant;
spouse) owns the entire business. section 1.823-6(c)(2)(v). The subscriber ● A bona fide business discussion must
Line 25. Employee benefit programs. must treat any savings credited to the occur during, immediately before, or
Enter contributions to employee benefit subscriber's account as a dividend paid immediately after the meal; and
programs not claimed elsewhere on the or declared. ● An employee of the corporation must
return (e.g., insurance, health and welfare Line 31. Other deductions be present at the meal.
programs etc.) that are not an incidental Attach a schedule listing by type and See section 274(n)(3) for a special rule
part of a pension, profit-sharing, etc., plan amount, all deductions allowable under that applies to expenses for meals
included on line 24. sections 832(c)(1) and (10) (net of the consumed by individuals subject to the
Line 27. Additional deduction. Enter annual statement change in undiscounted hours of service limits of the Department
on line 27, the total from Form 8816, Part unpaid loss adjustment expenses) that of Transportation.
II, line 5. are not deductible on lines 15 through 30. Membership dues. The corporation
Any insurance company taking the Examples of amounts to include are: may deduct amounts paid or incurred for
additional deduction MUST: ● Ordinary losses from trade or business
membership dues in civic or public service
● Make special estimated tax payments activities of a partnership (from Schedule organizations, professional organizations
equal to the tax benefit from the K-1 (Form 1065 or 1065-B)). Do not offset (such as bar and medical associations),
deduction, and ordinary income against ordinary losses. business leagues, trade associations,
● Establish and maintain a Special Loss Instead, include the income on line 13. chambers of commerce, boards of trade,
Discount Account. Show the partnership's name, address, and real estate boards. However, no
and EIN on a separate statement deduction is allowed if a principal purpose
attached to this return. If the amount of the organization is to entertain, or
entered is from more than one provide entertainment facilities for,

Page 12
members and their guests. In addition, Line 34b. Deduction on account of the which requires that a loss corporation file
corporations may not deduct membership special income and deduction an information statement with its income
dues in any club organized for business, accounts. Enter the total of the amounts tax return for each tax year that it is a loss
pleasure, recreation, or other social required to be added under sections corporation and certain shifts in
purpose. This includes country clubs, golf 832(e)(4) and (6). However, no deduction ownership occurred. See Regulations
and athletic clubs, airline and hotel clubs, is permitted unless tax and loss bonds are section 1.382–6(b) for details on how to
and clubs operated to provide meals purchased in an amount equal to the tax make the closing-of-the-books election.
under conditions favorable to business benefit of the deduction. See section ● A corporation acquires control of
discussion. 832(e). another corporation (or acquires its assets
Entertainment facilities. The Note: The deduction on account of the in a reorganization) and the amount of
corporation cannot deduct an expense special income and deduction accounts is pre-acquisition losses that may offset
paid or incurred for a facility (such as a limited to taxable income for the tax year recognized built-in gains is limited. See
yacht or hunting lodge) used for an (computed without regard to this section 384.
activity that is usually considered deduction or to any carryback of a net Waiving the carryback period. A
entertainment, amusement, or recreation. operating loss). corporation may make an irrevocable
Note: The corporation may be able to Line 36b. Net operating loss deduction. election to forego the carryback period
deduct otherwise nondeductible meals, A corporation may use the net operating and instead carry the NOL forward to
travel, and entertainment expenses if the loss (NOL) incurred in one tax year to years following the year of the loss. To
amounts are treated as compensation reduce its taxable income in another year. make this election, check the box in
and reported on Form W-2 for an Generally, a corporation may carry an question 11 on Schedule I. The return
employee or on Form 1099-MISC for an NOL back to each of the 2 years must be timely filed (including
independent contractor. preceding the year of the loss and then extensions).
Deduction for clean-fuel vehicles and carry any remaining amount over to each An NOL cannot be carried to or from
certain refueling property. Section of the 20 years (15 years for NOLs any tax year for which the insurance
179A allows a deduction for part of the incurred in tax years beginning before company is not subject to tax under
cost of qualified clean-fuel vehicle August 6, 1997), following the year of the section 831(a), or to any tax year if
property and qualified clean-fuel vehicle loss (but see Waiving the carryback (between the tax year from which the loss
refueling property placed in service during period below). is being carried and such tax year) there
the tax year. For more information, see Enter on line 36b, the total NOL is an intervening tax year for which the
Pub. 535. carryovers from prior tax years, but do not insurance company was not subject to tax
Lobbying expenses. Generally, enter more than the corporation's taxable imposed by section 831(a).
lobbying expenses are not deductible. income (after dividends-received See section 844 for special loss
These expenses include: deduction). An NOL deduction cannot be carryover rules for insurance companies.
● Amounts paid or incurred in connection taken in a year in which the corporation
with influencing Federal or state has negative taxable income. Attach a
legislation (but not local legislation), or schedule showing the computation of the Schedule B, Part I — Taxable
NOL deduction. Also complete question
● Amounts paid or incurred in connection
12 on Schedule I. Investment Income of
with any communication with certain
Federal executive branch officials in an For details on the NOL deduction, see Electing Small Companies
attempt to influence the official actions or Pub. 536, Net Operating Losses. Note: (1) Once an election under section
positions of the officials. See Regulations Carryback and carryover rules. To 831(b) is made to be taxed only on
section 1.162–29 for the definition of carry back the loss and obtain a quick investment income, it can only be revoked
“influencing legislation.” refund of taxes, use Form 1139, with the consent of the Secretary, and (2)
Dues and other similar amounts paid to Corporation Application for Tentative a corporation making this election must
certain tax-exempt organizations may not Refund. Form 1139 must be filed within include on line 8, gross investment
be deductible. See section 162(e)(3). If 12 months after the close of the tax year income, any amount subtracted from a
certain in-house expenditures do not of the loss. See section 6411 for details. protection against loss account.
exceed $2,000, they are deductible. For Do not attach Form 1139 to the
information on contributions to charitable corporation's income tax return. Mail it in Income
organizations that conduct lobbying a separate envelope to the service center Line 1a, column (a). Gross interest.
activities, see the instructions for where the corporation files its income tax Enter the gross amount of interest income
Schedule A, line 21. For more information return. including all tax-exempt interest income.
on lobbying expenses, see section For carryback claims filed later than 12 Line 1b, column (a). Interest exempt
162(e). months after the close of the tax year of under section 103. Enter the amount of
Line 32. Total deductions. Insurance the loss, file an amended Form 1120-PC interest on state and local bonds that is
companies that issue specified insurance instead of Form 1139. exempt from taxation under section 103.
contracts (as defined in section 848(e)(1)) After the corporation has applied the See the instructions for Schedule A, line
are generally required to amortize policy NOL to the first tax year to which it may 3b, column (a), for more information.
acquisition expenses on a straight-line be carried, the taxable income of that year Lines 1a and 1b, column (b).
basis over a period of 120 months is modified (as described in section Amortization of premiums. Enter on line
beginning with the 1st month in the 2nd 172(b)) to determine how much of the 1a, column (b), the total amortization of
half of the tax year (section 848(a)). remaining loss may be carried to other premium on tax-exempt bonds.
Reduce total deductions on line 32 by the years. See section 172(b) and the related Enter on line 1b, column (b), the
amount required to be capitalized under regulations for details. amortization of bond premium on
section 848. Attach a schedule showing Special NOL rules apply when: tax-exempt bonds.
all computations. See section 848 and its ● An ownership change occurs (i.e., the
regulations for special rules, definitions, Note: Insurance companies electing to
amount of the taxable income of a loss amortize discount for tax purposes must
and exceptions. Also see Schedule G, corporation that can be offset by
Form 1120-L, and its instructions for more reduce the amortization of premium by
pre-change NOL carryovers is limited). any amortization of discount.
information. See section 382 and the related
regulations. Also see Temporary Line 3. Gross rents. Enter the gross
Regulations section 1.382–2T(a)(2)(ii), rents received or accrued during the tax
year. Deduct rental expenses such as
repairs, interest, taxes and depreciation

Page 13
on the proper lines in the Deductions Line 14. Interest. See the instructions for Lines 1 through 23
section. lines 20a and 20b, Schedule A. For purposes of the 20% ownership test
Line 5. Gross income from a trade or Line 17. Investment expenses. Enter on lines 1 through 7, the percentage of
business, other than an insurance expenses that are properly chargeable as stock owned by the corporation is based
business, and from Form 4797. Enter investment expenses. If general expenses on voting power and value of the stock.
the gross income from a trade or are allocated to investment expenses, the Preferred stock described in section
business, other than an insurance total deduction cannot be more than the 1504(a)(4) is not taken into account.
business, carried on by the insurance amount on Schedule B, Part II, line 39. Corporations filing a consolidated return
company or by a partnership of which the Attach a schedule showing the kind and should see Regulations sections
insurance company is a partner. Include amount of general expenses. Minor items 1.1502-13, 1.1502-26 and 1.1502-27
section 1245 and section 1250 gains (as may be grouped together. before completing Schedule C.
modified by section 291), and other gains See section 267 for the limitation on Lines 1 through 9, column (a). Enter in
from Form 4797, Sales of Business deductions for unpaid expenses and column (a) of the appropriate line those
Property, on investment assets only. interest in transactions between related dividends that are subject to the
Line 6. Income from leases described taxpayers. provisions of section 832(b)(5)(B) . This
in sections 834(b)(1(B) and will include:
834(b)(1)(C). Enter gross income from 1. All dividends (other than 100%
entering into, changing, or ending any Schedule B, Part II — dividends) received on stock acquired
lease, mortgage, or other instrument or
agreement from which the company earns
Invested Assets Book Values after August 7, 1986; and
interest, rents, or royalties. Use Schedule B, Part II, to compute the 2. 100% dividends received on stock
limitation on investment expenses under acquired after August 7, 1986, to the
Line 8. Gross investment income. If extent that such dividends are attributable
gross investment income includes an section 834(c)(2) when any general
expenses are in part assigned to, or to prorated amounts (see definition
amount subtracted from the protection above).
against loss account, write on the dotted included in, the investment expenses
line next to line 8, “PAL” and the amount. deducted on Schedule B, Part I, line 17. In the case of an insurance company
that files a consolidated return, the
Deductions determination with respect to any dividend
Schedule C — Dividends and paid by a member to another member of
Note: See section 834(d)(1) regarding the affiliated group is made as if no
the limitation of expenses on real estate Special Deductions consolidated return was filed. See section
owned and occupied in part or in whole 832(g).
by a mutual insurance company. Definitions Line 1. Enter dividends (except those
Line 9. Real estate taxes. Enter taxes received on debt-financed stock acquired
The acquisition date for investments
paid or accrued on real estate owned by after July 18, 1984—see section 246A)
acquired by direct purchase, is the trade
the corporation and deductible under that:
date rather than the settlement date. For
section 164.
investments not acquired by direct ● Are received from
Line 10. Other real estate expenses. purchase (such as those acquired through less-than-20%-owned domestic
Enter all ordinary and necessary real transfers among affiliates, tax-free corporations subject to income tax, and
estate expenses, such as fire insurance, reorganizations, or the liquidation of a ● Qualify for the 70% deduction under
heat, light, and labor. Also enter the cost subsidiary, etc.), the actual acquisition
of incidental repairs, such as labor and section 243(a)(1).
date should be used regardless of the Also, include on line 1:
supplies, that do not add to the property's holding period determined under section
value nor appreciably prolong its life. Do ● Taxable distributions from an IC-DISC
1223.
not include any amount paid for new or former DISC that are designated as
A special rule applies in determining the eligible for the 70% deduction and certain
buildings or for permanent improvements
acquisition date of dividends received dividends of Federal Home Loan Banks.
or betterments made to increase the value
from affiliates. This rule provides that the See section 246(a)(2).
of any property or any amount spent on
portion of any 100% dividend which is
foreclosed property before the property is ● Dividends (except those received on
related to prorated amounts be treated as
held for rent. debt-financed stock acquired after July
received with respect to stock acquired
Line 11. Depreciation. Enter on the later of: 18, 1984) from a regulated investment
depreciation on assets only to the extent company (RIC). The amount of dividends
(a) the date the payor acquired the eligible for the dividends-received
that the assets are used to produce gross
stock or obligation to which the prorated deduction under section 243 is limited by
investment income reported on lines 1
amounts are attributable, or section 854(b). The corporation should
through 7 of Schedule B. For more
information, see the instructions for line (b) the first day on which the payor and receive a notice from the RIC specifying
22, Schedule A. payee were members of the same the amount of dividends that qualify for
affiliated group as defined in section the deduction.
Line 12. Depletion. Enter any allowable
243(b).
depletion on royalty income reported on Report so-called dividends or earnings
line 4, Schedule B. See the instructions Also, if the taxpayer is a member of an received from mutual savings banks, etc.,
for line 23, Schedule A, for more affiliated group filing a consolidated as interest. Do not treat them as
information. return, its determination of dividends dividends.
received is made as if the group were not
Line 13. Trade or business deductions. filing a consolidated return. Line 2. Enter on line 2:
Enter the total deductions related to any ● Dividends (except those received on
trade or business income included in Prorated amounts means tax-exempt
interest and dividends for which a debt-financed stock acquired after July
gross investment income under section 18, 1984) that are received from
834(b)(2). Do not include deductions for deduction is allowable under section 243,
244, or 245 (other than 100% dividends). 20%-or-more-owned domestic
any insurance business. Do not include corporations subject to income tax and
losses from sales or exchanges of capital 100% dividend means any dividend if the that are subject to the 80% deduction
assets or property used in the business, percentage used for purposes of under section 243(c) and
or from the compulsory or involuntary determining the deduction allowable ● Taxable distributions from an IC-DISC
conversion of property used in the trade under section 243, 244, or 245(b) is
100%. A special rule applies to certain or former DISC that are considered
or business. eligible for the 80% deduction.
dividends received by a foreign
corporation.

Page 14
Line 3. Enter dividends that are: Line 9. Enter only those dividends that dividends received from foreign
● Received on debt-financed stock qualify under section 243(b) for the 100% corporations.
acquired after July 18, 1984, from dividends-received deduction described in Attach a schedule showing how the
domestic and foreign corporations subject section 243(a)(3). Corporations taking this amount on line 17 was figured.
to income tax that would otherwise be deduction are subject to the provisions of
subject to the dividends-received section 1561. Line 23.
deduction under section 243(a)(1), 243(c), Note: The 100% deduction does not Limitations on Dividends-Received
or 245(a). Generally, debt-financed stock apply to affiliated group members that are Deduction
is stock that the corporation acquired by joining in the filing of a consolidated Generally, line 23, column (b) may not
incurring a debt (e.g., it borrowed money return. exceed the amount from the worksheet
to buy the stock). Line 10, column (b). Enter foreign below. However, in a year in which an
● Received from a RIC on debt-financed dividends not reportable on lines 6, 7, and NOL occurs, this limitation does not apply
stock. The amount of dividends eligible for 8. Include on line 10 the corporation's even if the loss is created by the
the dividends-received deduction is share of the ordinary earnings of a dividends-received deduction. See
limited by section 854(b). The corporation qualified electing fund from Form 8621, sections 172(d) and 246(b).
should receive a notice from the RIC line 1c. Exclude distributions of amounts
specifying the amount of dividends that constructively taxed in the current year or Worksheet for Schedule C, line 23
qualify for the deduction. in prior years under subpart F (sections
951 through 964). (keep for your records)
Line 4. Enter dividends received on the
preferred stock of a less-than-20%-owned Line 11, column (b). Include income 1. Enter the amount from Schedule A,
public utility that is subject to income tax constructively received from controlled line 37 or Schedule B, line 21,
foreign corporations under subpart F. This whichever applies, without: the NOL
and is allowed the deduction provided in deduction (section 172);
section 247 for dividends paid. amount should equal the total amounts dividend-received deduction (sections
Line 5. Enter dividends received on subpart F income on Schedule I of Form 243(a)(1), 244(a), 245(a) or (b), and
5471. 247); any adjustment under section
preferred stock of a 20%-or-more-owned 1059; and any capital loss carryback
public utility that is subject to income tax Line 12, column (b). Include gross-up to the tax year under section
and is allowed the deduction provided in for taxes deemed paid under sections 902 1212(a)(1) ...........................................
and 960. 2. Enter the sum of the amounts from
section 247 for dividends paid. line 22, column (b), (without regard to
Line 6. Enter the U.S. source portion of Line 13, column (b). Include the wholly owned foreign subsidiary
dividends received from following: dividends) and line 9, column (b).......
3. Subtract line 2 from line 1 ..................
less-than-20%-owned foreign 1. Dividends (other than capital gain and 4. Multiply line 3 by 80% ........................
corporations that qualify for the 70% exempt-interest dividends) that are 5. Add lines 16, 19, 21, and 22 (without
deduction under section 245(a). To qualify received from RICs and are not subject to regard to FSC dividends), column (b)
and the portion of the deduction on
for the 70% deduction, the corporation the 70% deduction. line 17, column (b) that is attributable
must own at least 10% of the foreign 2. Dividends from tax-exempt to dividends received from 20%
corporation by vote and value. Also organizations. -or-more-owned corporations .............
6. Enter the smaller of line 4 or line 5.
include dividends received from a 3. Dividends (other than capital gain If line 5 is greater than line 4, stop
less-than-20% owned foreign sales dividends) received from a real estate here; enter the amount from line 6 on
corporation (FSC) that are attributable to investment trust (REIT) that, for the tax line 23, column (b) (without regard to
income treated as effectively connected FSC dividends). Do not complete the
year of the trust in which the dividends are rest of this worksheet .........................
with the conduct of a trade or business paid, qualifies under sections 856 through 7. Enter the total amount of dividends
within the United States (excluding foreign 860. received from 20%-or-more-owned
trade income) and that qualify for the 70% corporations that are included on
4. Dividends not eligible for a lines 2, 3, 5, 7, and 8 (without regard
deduction provided in section to FSC dividends), column (b) ...........
dividends-received deduction because of
245(c)(1)(B). 8. Subtract line 7 from line 3 ..................
the holding period of the stock or an 9. Multiply line 8 by 70% ........................
Line 7. Enter the U.S.-source portion of obligation to make corresponding 10. Subtract line 5 from line 23, column
dividends received from payments with respect to similar stock. (b) (without regard to FSC dividends).
20%-or-more-owned foreign corporations 11. Enter the smaller of line 9 or line 10..
Two situations in which the 12. Dividends-received deduction after
and that qualify for the 80% deduction
dividends-received deduction will not be limitation (section 246(b)). Add lines
under section 245(a). Also include 6 and 11. Enter the result here and
allowed on any share of stock are:
dividends received from a on line 23, column (b) (without regard
● If the corporation held it for less than to FSC dividends)...............................
20%-or-more-owned FSC that are
attributable to income treated as 46 days during the 90–day period
effectively connected with the conduct of beginning 45 days before the stock
a trade or business within the United became ex-dividend with respect to the
dividend (see section 246(c)(1)(A)), or Schedule E — Premiums
States (excluding foreign trade income)
and that qualify for the 80% deduction ● To the extent the corporation is under Earned
provided in section 245(c)(1)(B). an obligation to make related payments
Line 8. Enter dividends received from for substantially similar or related Definitions
wholly owned foreign subsidiaries that are property. Undiscounted unearned premiums
eligible for the 100% deduction provided 5. Any other taxable dividend income not means the unearned premiums shown in
in section 245(b). In general, the properly reported above (including the annual statement filed for the year
deduction under section 245(b) applies to distributions under section 936(h)(4)). ending with or in the tax year.
dividends paid out of the earnings and Line 17. Dividends received on Applicable interest rate means the
profits of a foreign corporation for a tax debt-financed stock acquired after July annual rate determined under section
year during which: 18, 1984, are not entitled to the full 70% 846(c)(2) for the calendar year the
● All of its outstanding stock is owned or 80% dividends-received deduction. The premiums are received.
(directly or indirectly) by the domestic 70% or 80% deduction is reduced by a Applicable statutory premium
corporation receiving the dividends, and percentage that is related to the amount recognition pattern means the statutory
● All of its gross income from all sources of debt incurred to acquire the stock. See premium recognition pattern in effect for
is effectively connected with the conduct section 246A. Also see section 245(a) the calendar year the premiums are
of a trade or business within the United before making this computation for an received, and is based on the statutory
States. additional limitation which applies to premium recognition pattern which
applies to premiums received by the
Page 15
corporation in that calendar year. For Lines 2b and 4b. Discounted unpaid I.R.B. 509. The applicable interest rate
purposes of the preceding sentence, losses outstanding. Enter all and loss payment patterns for 2000 will
premiums received during any calendar discounted unpaid losses as defined in be published in the Internal Revenue
year will be treated as received in the section 846. Bulletin when available.
middle of such year. Section 846 provides that the amount Section 846(e) allows corporations
Line 1. Enter gross premiums written on of discounted unpaid losses must be having sufficient historical experience to
insurance contracts during the tax year, computed separately by line of business determine a loss payment pattern to elect,
less return premiums and premiums paid (multiple peril lines must be treated as a under certain circumstances, to use their
for reinsurance. single line of business) and by accident own historical experience. If this election
Lines 2a and 4a. Include on lines 2a and year and must be equal to the present is made, the loss payment patterns will
4a: value of such losses determined by using: be based on the most recent calendar
1. All life insurance reserves, as 1. The amount of the undiscounted year for which an annual statement was
defined in section 816(b) (but determined unpaid losses, filed before the beginning of the accident
under section 807); and 2. The applicable interest rate, and year. The election will not apply to any
2. All unearned premiums of a Blue 3. The applicable loss payment international or reinsurance line of
Cross or Blue Shield organization to pattern. business. If the corporation makes this
which section 833 applies. election, check the “Yes” column for
Special rules apply with respect to: question 7 in Schedule I, Other
Lines 2b and 4b. Include on lines 2b and ● Unpaid losses related to disability Information. For more information, see
4b, 90% of unearned premiums for insurance (other than credit disability section 846(e), Regulations section
insurance against default in the payment insurance), 1.846-2, and Rev. Proc. 92-76, 1992-2
of principal or interest on securities ● Noncancelable accident and health C.B. 453.
described in section 165(g)(2)(C) (relating insurance, Note: There is a special application of
to worthless securities) with maturities of ● Cancelable accident and health the “Fresh Start” provision for an
more than 5 years. insurance, and insurance company that is not subject to
Lines 2c and 4c. The amount of ● International and reinsurance lines of tax under section 831(a) for its first
discounted unearned premiums at the business. taxable year beginning after December
end of any tax year must be the present 31, 1986, because (1) it is described in
value of those premiums (as of such time With regard to the special rules for
discounting unpaid losses on accident section 501(c) or (2) it is subject to tax
and separately with respect to premiums under section 831(b) on its investment
received in each calendar year) and health insurance (other than disability
income insurance), unpaid losses are income.
determined by using:
assumed to be paid in the middle of the If the insurance company later
1. The amount of the undiscounted year following the accident year. becomes subject to tax under section
unearned premiums at such time; 831(a), the rules relating to the Fresh
Generally, the amount of undiscounted
2. The applicable interest rate; and unpaid losses means the unpaid losses Start under the discounting provisions are
3. The applicable statutory premium and unpaid loss adjustment expenses applied by treating the last tax year before
recognition pattern. shown in the annual statement. However, the year in which the insurance company
Lines 2d and 4d. Include on lines 2d and see Regulations sections 1.846-1(a)(1) becomes subject to tax under section
4d, 80% of the total of all unearned referring to Regulations section 831(a) as the insurance company's last
premiums not reported on lines 2a 1.832-4(b) relating to the determination tax year beginning before 1987. See
through 2c, or 4a through 4c, respectively. of unpaid losses. section 1010(e) of the Act of 1988 and
A reciprocal or interinsurer required Under section 832(b)(5)(A), unpaid Notice 88-100, 1988-2 C.B. 439.
under state law to reflect unearned losses must be adjusted to take into Lines 6 and 7. Estimated salvage and
premiums on its annual statement net of account estimated recoveries due to reinsurance recoverable. The salvage
premium acquisition expenses, should salvage and reinsurance for those losses. and reinsurance rates for 1998 and 1999
increase its unearned premiums by the If the amounts shown in the annual are published in Rev. Proc. 99–16,
amount of such acquisition expenses prior statement were determined on a 1999–7 I.R.B. 52 and Rev. Proc. 99-37,
to making the computation on lines 2d discounted basis and if the extent to 1999-42 I.R.B. 517. The 2000 estimated
and 4d. See section 832(b)(7)(E). which these losses were discounted can salvage and reinsurance rates will be
Line 6. Transitional adjustments apply to be determined on the basis of information published in the Internal Revenue Bulletin
companies which become taxable under disclosed on or with the annual statement, when available. Also see Regulations
section 831(a). See section 832(b)(7)(D) the amount of the undiscounted unpaid section 1.832-4.
for more information. losses must be recomputed to eliminate Line 9. Tax-exempt interest subject to
any reduction caused by such section 832(b)(5)(B). Enter the amount
discounting. In no event can the amount of tax-exempt interest received or accrued
Schedule F — Losses of discounted unpaid losses with respect during the tax year on investments made
to any line of business for an accident after August 7, 1986. For information
Incurred year exceed the total amount of unpaid regarding the determination of the
Line 1. Losses paid. Enter the total losses with respect to any line of business acquisition date of an investment, see the
losses paid on insurance contracts during for an accident year as reported on the instructions for Schedule C.
the tax year less salvage and reinsurance annual statement. Also see Regulations
recovered during the tax year. section 1.832-4(d) regarding increasing
Lines 2a and 4a. Unpaid losses on life unpaid losses shown on the annual Schedule G — Other Capital
insurance contracts. Unpaid losses statement by salvage recoverable. Also Losses
must be adjusted for recoveries of see Rev. Proc. 92-77, 1992-2 C.B. 454.
reinsurance. The amounts of expected The applicable interest rate for each Capital assets are considered sold or
recoveries should be estimated based on calendar year and the applicable loss exchanged to provide funds to meet
the facts in each case and the payment pattern for each accident year abnormal insurance losses and to pay
corporation's experience with similar for each line of business are determined dividends and make similar distributions
cases. See Regulations section by the Secretary. to policyholders to the extent that the
1.832-4(b). The applicable interest rates and loss gross receipts from their sale or exchange
payment pattern for 1998 and 1999 are are not more than the amount by which
published in Rev. Proc 99–15, 1999–7 the sum of dividends and similar
I.R.B. 42 and Rev. Proc. 99-36, 1999-42 distributions paid to policyholders, losses

Page 16
paid, and expenses paid for the tax year Line 8b. Adjusted dividends-received corporations connected through stock
is more than the total on line 9, Schedule deduction. Reduce the total amount ownership (section 1563(a)(1)). Both of
G. allowed as a deduction under sections the following requirements must be met:
Total gross receipts from sales of 243, 244, and 245 by the amount of any 1. 80% of the total combined voting
capital assets (line 12, column (c)) must decrease in deductions allowable for the power of all classes of stock entitled to
not be more than line 10. If necessary, the tax year because of section 832(b)(5)(B) vote or at least 80% of the total value of
corporation may report part of the gross when the decrease is caused by the all classes of stock of each corporation in
receipts from a particular sale of a capital deductions under sections 243, 244, and the group (except the parent) must be
asset on this schedule and the rest on 245. Enter the result on line 8b. owned by one or more of the other
Schedule D (Form 1120). Otherwise, do corporations in the group.
not include on Schedule D (Form 1120) 2. The common parent must own at
any sales reported on this schedule. Schedule I — Other least 80% of the total combined voting
Information power of all classes of stock entitled to
vote or at least 80% of the total value of
Schedule H — Special Be sure to answer all of the questions that all classes of stock of at least one of the
apply to the corporation. other corporations in the group. Stock
Deduction and Ending
Question 4 owned directly by other members of the
Adjusted Surplus for Section group is not counted when computing the
833 Organizations Check the “Yes” box for question 4 if : voting power or value.
● The corporation is a subsidiary in an See section 1563(d)(1) for the definition
Line 5. Beginning adjusted surplus. If affiliated group (defined below), but is not
the corporation was a section 833 of “stock ” for purposes of determining
filing a consolidated return for the tax year stock ownership above.
organization in 1999, it should enter the with that group, or
amount from Schedule H, line 10 of the ● The corporation is a subsidiary in a Question 6
1999 Form 1120-PC.
parent-subsidiary controlled group Check the “Yes” box if one foreign person
Generally, the adjusted surplus as of (defined below).
the beginning of any tax year is an owned at least 25% of (a) the total voting
amount equal to the adjusted surplus as Any corporation that meets either of the power of all classes of stock of the
of the beginning of the preceding tax year: requirements above should check the corporation entitled to vote, or (b) the total
“Yes” box. This applies even if the value of all classes of stock of the
1. Increased by the amount of any corporation is a subsidiary member of one corporation.
adjusted taxable income for the preceding group and the parent corporation of
tax year, or The constructive ownership rules of
another. section 318 apply in determining if a
2. Decreased by the amount of any Note: If the corporation is an “excluded corporation is foreign-owned. See section
adjusted net operating loss for the member” of a controlled group (see 6038A(c)(5) and the related regulations.
preceding tax year. If 2000 is the first tax section 1563(b)(2)), it is still considered a
year the taxpayer qualifies as a section Enter on line 6a the percentage owned
member of a controlled group for this by the foreign person specified in question
833 organization, see section purpose.
833(c)(3)(C) to determine the adjusted 6. Enter on line 6b, the name of the
surplus as of the beginning of the 2000 Affiliated group. The term “affiliated owner's country.
tax year. group” means one or more chains of Note: If there is more than one
includible corporations (section 1504(a)) 25%-or-more foreign owner, complete
For purposes of the computation of the connected through stock ownership with
adjusted surplus, the terms “adjusted lines 6a and 6b for the foreign person with
a common parent corporation. The the highest percentage of ownership.
taxable income” and “adjusted net common parent must be an includible
operating loss” mean the taxable income Foreign person. The term “foreign
corporation and the following person” means:
or the net operating loss, respectively, requirements must be met:
determined with the following ● A foreign citizen or nonresident alien.
modifications: 1. The common parent must own ● An individual who is a citizen of a U.S.
directly stock that represents at least 80%
1. Without regard to the deduction possession (but who is not a U.S. citizen
of the total voting power and at least 80%
determined under section 833(b)(1); or resident).
of the total value of the stock of at least
2. Without regard to any carryover or ● A foreign partnership.
one of the other includible corporations.
carryback to that tax year; and 2. Stock that represents at least 80% ● A foreign corporation.
3. By increasing gross income by an of the total voting power and at least 80% ● Any foreign estate or trust within the
amount equal to the net exempt income of the total value of the stock of each of meaning of section 7701(a)(31).
for the tax year. the other corporations (except for the ● A foreign government (or one of its
Line 6. Special deduction. The common parent) must be owned directly agencies or instrumentalities) to the
deduction for any tax year is limited to by at least one of the other includible extent that it is engaged in the conduct
taxable income for that tax year corporations. of a commercial activity as described in
determined without regard to this For this purpose, the term “stock” section 892.
deduction. generally does not include any stock that: Owner's country. For individuals, the
Note: Under section 833(b)(4), any 1. Is nonvoting, term “owner's country” means the country
determination under section 833(b) must 2. Is nonconvertible, of residence. For all others, it is the
be made by only taking into account items country where incorporated, organized,
from the health-related business of the 3. Is limited and preferred as to
created, or administered.
corporation. dividends and does not participate
significantly in corporate growth, and Requirement to file Form 5472. If the
Line 8a. Adjusted tax-exempt income. corporation checked “Yes” to Question 6,
Reduce the total tax-exempt interest 4. Has redemption and liquidation
it may have to file Form 5472. Generally,
received or accrued during the tax year rights that do not exceed the issue price
a 25% foreign-owned corporation that had
by any amount (not otherwise deductible) of the stock (except for a reasonable
a reportable transaction with a foreign or
which would have been allowable as a redemption or liquidation premium). See
domestic related party during the tax year
deduction for the tax year if such interest section 1504(a)(4).
must file Form 5472.
were not tax-exempt. Enter the result on Parent-subsidiary controlled group.
See Form 5472 for filing instructions
line 8a. The term “parent-subsidiary controlled
and penalties for failure to file.
group” means one or more chains of

Page 17
Question 10 See section 846 for more information.
Line 27. Adjustments to shareholders' Paperwork Reduction Act Notice. We
Show any tax-exempt interest received ask for the information on this form to
or accrued. Include any exempt-interest equity. Some examples of adjustments
to report on this line include: carry out the Internal Revenue laws of the
dividends received as a shareholder in a United States. You are required to give
mutual fund or other regulated investment ● Unrealized gains and losses on
us the information. We need it to ensure
company. securities held “available for sale”. that you are complying with these laws
● Foreign currency translation
and to allow us to figure and collect the
Question 11 adjustments. right amount of tax.
Check the box on line 11 if the corporation ● The excess of additional pension
You are not required to provide the
elects under section 172(b)(3) to forgo the liability over unrecognized prior service information requested on a form that is
carryback period for a net operating loss cost. subject to the Paperwork Reduction Act
(NOL). If you check this box, do not attach ● Guarantees of employee stock (ESOP) unless the form displays a valid OMB
the statement described in Temporary debt. control number. Books or records relating
Regulations section 301.9100-12T. ● Compensation related to employee to a form or its instructions must be
stock award plans. retained as long as their contents may
Question 12 become material in the administration of
If the total adjustment to be entered on
Enter the amount of the net operating line 27 is a negative amount, enter the any Internal Revenue law. Generally, tax
loss (NOL) carryover to the tax year from amount in parentheses. returns and return information are
prior years, even if some of the loss is confidential, as required by section 6103.
used to offset income on this return. The The time needed to complete and file
amount to enter is the total of all NOLs
generated in prior years but not used to
Schedule M-1 — this form will vary depending on individual
circumstances. The estimated average
offset income (either as a carryback or Reconciliation of Income times are:
carryover) to a tax year prior to 2000. Do (Loss) per Books With Recordkeeping ................................. 96 hr., 22 min.
not reduce the amount by any NOL
deduction reported on Schedule A, line Income per Return Learning about the law or the form. 32 hr. 44 min.
36b. Pub. 536 has a worksheet for Line 5c. Travel and entertainment. Preparing the form .......................... 56 hr., 13 min.
figuring a corporation's NOL carryover. Include on line 5c any of the following: Copying, assembling, and
● 50% of meals and entertainment not sending the form to the IRS........... 5 hr., 54 min.
allowed under section 274(n). If you have comments concerning the
Schedule L — Balance ● Expenses for the use of an accuracy of these time estimates or
Sheets Per Books entertainment facility. suggestions for making this form simpler,
● The part of business gifts over $25. we would be happy to hear from you. You
Note: All insurance companies required can write to the Tax Forms Committee,
● Expenses of an individual over $2,000
to file Form 1120-PC must complete Western Area Distribution Center, Rancho
Schedule L. which are allocable to conventions on
cruise ships. Cordova, CA 95743-0001. DO NOT send
The balance sheet should agree with the tax form to this office. Instead, see
● Employee achievement awards over
the corporation's books and records. Where To File on page 2.
Include certificates of deposit as cash on $400.
line 1 of Schedule L. ● The cost of entertainment tickets over

Line 5. Tax-exempt securities. Include face value (also subject to 50%


on this line: disallowance under section 274(n)).
● The cost of skyboxes over the face
1. State and local government
obligations, the interest on which is value of non-luxury box seat tickets.
excludable from gross income under ● The part of luxury water travel not
section 103(a), and allowed under section 274(m).
2. Stock in a mutual fund or other RIC ● Expenses for travel as a form of
that distributed exempt-interest dividends education.
during the tax year of the corporation. ● Other travel and entertainment
Line 18. Insurance liabilities. Include expenses not allowed as a deduction.
on this line: For more information, see Pub. 542.
● Undiscounted unpaid losses, Line 7a. Tax exempt-interest. Include
● Loss adjustment expenses, and as interest on line 7a any exempt-interest
● Unearned premiums. dividends received as a shareholder in a
mutual fund or other RIC.

Page 18

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