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Instructions For Form 990-C: Internal Revenue Service
Instructions For Form 990-C: Internal Revenue Service
Instructions For Form 990-C: Internal Revenue Service
Instructions for Form 990-C airline and hotel clubs), after December 31,
1993. For details, see section 274.
● No deduction is allowed for travel expenses
Farmers’ Cooperative Association Income Tax Return paid or incurred after December 31, 1993, for
a spouse, dependent, or other individual
Section references are to the Internal Revenue Code unless otherwise noted. accompanying an officer or employee of the
cooperative on business travel, unless that
spouse, dependent, or other individual is an
Paperwork Reduction Act Notice.—We ask its estimated tax payments on 100 per cent employee of the cooperative and the travel is
for the information on this form to carry out (rather than 97 per cent) of the tax shown on for a bona fide business purpose and would
the Internal Revenue laws of the United its return for the current year. The “safe otherwise be deductible. For details, see
States. You are required to give us the harbor” rule that allows a cooperative to section 274.
information. We need it to ensure that you are avoid the penalty by paying 100% of its prior
complying with these laws and to allow us to year tax still applies. The Act also added two ● Generally, no deduction is allowed for any
figure and collect the right amount of tax. new sets of periods over which a cooperative charitable contribution of $250 or more made
may elect to annualize income. For details, after December 31, 1993, unless the
The time needed to complete and file this cooperative has a contemporaneous written
form will vary depending on individual see Form 1120W.
acknowledgment from the donee organization
circumstances. The estimated average time Depreciation and Amortization of the contribution (including a good faith
is: estimate of the value of any goods or
Recordkeeping Some other important changes made by the
76 hr., 32 min. services provided to the donor in exchange
Act are:
Learning about the for the donation). For details, see section 170.
● Goodwill and certain other intangible
law or the form 23 hr., 28 min. ● The percentage for computing the 70%
property acquired after August 10, 1993, may
Preparing the form 40 hr., 39 min. dividends-received deduction for dividends
now be amortized over a 15-year period.
received on the preferred stock of a public
Copying, assembling, ● Certain computer software acquired after utility (section 244) and the dividends-paid
and sending the form August 10, 1993, may be depreciated using deduction on the preferred stock of a public
to the IRS 4 hr., 17 min. the straight line method over a 36-month utility (section 247) has increased from 41.176
If you have comments concerning the period. percent to 42 percent for tax years beginning
accuracy of these time estimates or ● The recovery period for figuring after 1992.
suggestions for making this form more depreciation for nonresidential real property is ● The percentage for computing the 80%
simple, we would be happy to hear from you. 39 years for property placed in service after dividends-received deduction for dividends
You can write to both the Internal Revenue May 12, 1993. received on the preferred stock of public
Service, Attention: Reports Clearance Officer,
● The maximum section 179 deduction has utility (section 243(c)(1) and section 244) has
PC:FP, Washington, DC 20224; and the
increased for most filers to $17,500, for increased from 47.059 percent to 48 percent
Office of Management and Budget,
property placed in service in tax years for tax years beginning after 1992.
Paperwork Reduction Project (1545-0051),
beginning after December 31, 1992. ● The following credits, which expired on
Washington, DC 20503.
For details, see Form 4562, Depreciation June 30, 1992, are extended. Effective July 1,
DO NOT send the tax form to either of
and Amortization. 1992:
these offices. Instead, see Where To File on
page 2. Other Tax Law Changes The targeted jobs credit is extended
through December 31, 1994, and
● Lobbying expenses paid or incurred after
The low-income housing credit is
Changes To Note December 31, 1993, are no longer deductible
permanently extended.
business expenses under section 162.
The Revenue Reconciliation Act of 1993 (“the Lobbying expenses include amounts paid or The orphan drug credit is extended through
Act”) made changes to the tax law for incurred in connection with influencing December 31, 1994.
corporations and cooperatives, including Federal or State legislation (but not local The credit for increasing research activities
changes to the tax rates and the estimated legislation), or amounts paid or incurred in is extended through June 30, 1995.
tax rules. connection with any communication with ● The Act added a new General Business
Tax Rates and Related Changes certain covered Federal executive branch Credit, corporations are allowed a credit of
officials in an attempt to influence the offical 5% of qualified cash contributions to certain
The Act increased the maximum corporate actions or positions of the officals. A
tax rate to 35% for corporations with taxable community development corporations (CDCs).
de minimis rule applies if the total amount of The CDCs are selected by the Secretary of
income over $10 million. Corporations with certain in-house expenditures for lobbying
taxable income over $15 million are subject to Housing and Urban Development, and must
does not exceed $2,000. If the cooperative’s be selected by July 1, 1994. Get Form 8847,
an additional tax of 3% of the excess over lobbying expenses qualify under the
$15 million, or $100,000, whichever is smaller. Credit for Contributions to Certain Community
de minimis rule, they are deductible. Development Corporations, for more
The new rates appear in the Tax Rate
A portion of payments for membership information.
Schedule.
dues to a trade organization or other
The Act also increased the personal holding non charitable organization that engages in
company tax rate (Schedule PH (Form 1120))
to 39.6% for tax years beginning on or after
lobbying activities may not be deductible if General Instructions
the dues are allocable to nondeductible
January 1, 1993. lobbying expenditures by the organization. Purpose of Form
Estimated Tax Rules For more information, see section 162. Form 990-C, Farmers’ Cooperative
● Charitable contributions paid or incurred Association Income Tax Return, is used to
The estimated tax penalty is waived for report the cooperative’s income, gains,
after December 31, 1993, to an organization
underpayments of estimated taxes for any losses, deductions, credits, and to figure its
that conducts lobbying activities are not
period before March 16, 1994, to the extent income tax liability.
deductible if (1) the lobbying activities relate
that the underpayment is attributable to
to matters of direct financial interest to the
changes made by the Act.
donor’s trade or business, and (2) the Who Must File
There are new estimated tax rules for tax principal purpose of the contribution was to Every farmers’ cooperative association must
years beginning after December 31, 1993. avoid federal income tax by obtaining a file Form 990-C whether or not the
The new rules require a cooperative to base deduction for activities that would have been
Page 7
Line 32b. Estimated tax payments.— Enter Cooperatives that use erroneous valuation
any estimated tax payments the cooperative Schedule A methods must change to a method permitted
made for the tax year. for Federal income tax purposes. To make
Beneficiaries of Trusts.—If the cooperative Cost of Goods Sold this change, use Form 3115.
is the beneficiary of a trust, and the trust On line 10a, check the method(s) used for
makes a section 643(g) election to credit its All filers should see Section 263A uniform valuing inventories. Under lower of cost or
estimated tax payments to its beneficiaries, capitalization rules on page 5 before market, the term “market” generally refers to
include the cooperative’s share of the completing Schedule A. normal market conditions where there is a
estimated tax payment in the total amount Line 4a.—Qualified per-unit retain certificates current bid price prevailing at the date the
entered on line 32b. Write “T” and the are issued to patrons who have consented to inventory is valued. When no regular open
amount of the payment in the blank space to include the stated dollar amount in current market exists or when quotations are nominal
the right of the entry space. income. because of inactive market conditions, use
Line 32f. Credit from refiguring tax for fair market prices from the most reliable sales
Line 5.—Enter the amount paid in money or
years in which nonqualified per-unit retain or purchase transactions that occurred near
other property (except per-unit retain
certificates or nonqualified written notices the date the inventory is valued.
certificates) to patrons to redeem nonqualified
of allocation (redeemed this year) were per-unit retain certificates. If a per-unit retain Inventory may be valued below cost when
issued.—If the cooperative paid less total tax certificate does not qualify, no deduction is the merchandise is unsalable at normal prices
by not claiming the deduction for the allowable at the time it is issued. However, or unsalable in the normal way because the
redemption of nonqualified written notices of the cooperative is entitled to a deduction or goods are subnormal because of damage,
allocation or nonqualified per-unit retain refund of tax when the nonqualified per-unit imperfections, shop wear, etc. within the
certificates in the current tax year, and retain certificate is finally redeemed (provided meaning of Regulations section 1.471-2(c).
instead the cooperative refigured the tax for that the nonqualified per-unit retain certificate The goods may be valued at a current bona
the years the nonqualified written notices or was paid as a per-unit retain allocation during fide selling price, minus direct cost of
certificates were originally issued, enter the the payment period for the tax year during disposition (but not less than scrap value) if
amount of the reduction in the issue years’ which the marketing occurred). The deduction such a price can be established.
taxes on this line. Attach a schedule showing is allowed only for amounts paid in money or If this is the first year the Last-in-first-out
how the credit was figured. This credit is other property (other than per-unit retain (LIFO) inventory method was either adopted
treated as a payment, and any amount that is certificates) that are not more than the stated or extended to inventory goods not previously
more than the tax on line 31 will be refunded. dollar amount of the nonqualified per-unit valued under the LIFO method provided in
Line 32g. Credit for federal tax on fuels.— retain certificate. See section 1382(b). section 472, attach Form 970, Application To
Complete and attach Form 4136 if the See section 1383 and the instructions for Use LIFO Inventory Method, or a statement
cooperative qualifies to take this credit. line 32f for a special rule for figuring the with the information required by Form 970.
Line 32h. Total Payments.—Add the cooperative’s tax in the year of redemption of Also check the LIFO box on line 10b. On line
amounts on lines 32d through 32g and enter a nonqualified per-unit retain certificate. 10c, enter the amount or the percent of total
the total on line 32h. closing inventories covered under section
Line 6a.—An entry is required only for
472. Estimates are acceptable.
Backup withholding.—If the cooperative had cooperatives electing a simplified method of
income tax withheld from any payments it accounting. For cooperatives electing the If the cooperative changed or extended its
received, because, for example, it failed to simplified production method, additional inventory to LIFO and had to write up its
give the payer its correct EIN, include the section 263A costs are generally costs, other opening inventory to cost in the year of
amount withheld in the total for line 32h. This than interest, that were not capitalized or election, report the effect of this writeup as
type of withholding is called backup included in inventory costs under the income (line 10, page 1) proportionately over
withholding. Show the amount withheld in the cooperative’s method of accounting a 3-year period that begins with the year of
blank space in the right-hand column immediately prior to the effective date in the LIFO election (section 472(d)).
between lines 31 and 32h, and write “backup Temporary Regulations section 1.263A-1T, For more information on inventory valuation
withholding.” but that are now required to be capitalized methods, get Pub. 538, Accounting Periods
Line 33. Estimated Tax Penalty.—A under section 263A. For cooperatives that and Methods.
cooperative that does not make estimated tax have elected a simplified resale method,
payments when due may be subject to an additional section 263A costs are generally
underpayment penalty for the period of those costs incurred with respect to the Schedule C
underpayment. Generally, a cooperative is following categories: Off-site storage or Dividends and Special Deductions
subject to the penalty if its tax liability is $500 warehousing; purchasing; handling,
or more, and it did not timely pay the smaller processing, assembly and repackaging; and
general and administrative costs (mixed For purposes of the 20% ownership test on
of (a) 97% of its tax liability for 1993, or (b) lines 1 through 7, the percentage of stock
100% of its prior year’s tax. See section 6655 service costs). Enter on line 6a the balance of
section 263A costs paid or incurred during owned by the cooperative is based on voting
for details and exceptions including special power and value of the common stock.
rules for large cooperatives. the tax year not included on lines 2 and 3.
See Temporary Regulations section Preferred stock described in section
Note: The estimated tax penalty is waived for 1.263A-1T for more information. 1504(a)(4) is not taken into account.
underpayments of estimated taxes for any Cooperatives filing a consolidated return
period before March 16, 1994, to the extent Line 6b.—Enter any costs paid or incurred
should see Regulations sections 1.1502-14,
that the underpayment is attributable to during the tax year not entered on lines 2
1.1502-26 and 1.1502-27 before completing
changes made by the Revenue Reconciliation through 6a.
Schedule C.
Act of 1993. Line 8.—See Temporary Regulations section
Line 1, Column (a).—Enter dividends (except
Form 2220, Underpayment of Estimated 1.263A-1T for more details on computing the
those received on debt-financed stock
Tax by Corporations, is used to see if the amount of additional section 263A costs to
acquired after July 18, 1984—see section
cooperative owes a penalty and to figure the be capitalized and added to ending inventory.
246A) that are received from
amount of the penalty. Generally, the Lines 10a through 10e less-than-20%-owned domestic corporations
cooperative does not have to file this form subject to income tax and that are subject to
because the IRS can figure the amount of any Inventory valuation methods. Inventories
the 70% deduction under section 243(a)(1).
penalty and bill the cooperative for it. can be valued at:
Include on this line taxable distributions from
However, in certain cases, you may be 1. Cost an IC-DISC or former DISC that are
required to complete and attach Form 2220 2. Cost or market value (whichever is designated as eligible for the 70% deduction
even if no penalty is due. See Form 2220 for lower); or and certain dividends of Federal Home Loan
details. If you attach Form 2220, be sure to 3. Any other method approved by the IRS Banks. See section 246(a)(2).
check the box on line 33, page 1, and enter that conforms to the provisions of the For dividends received from a regulated
the amount of any penalty on line 33. applicable regulations cited below. investment company, see section 854 for the
amount subject to the 70% deduction.
Page 8
Report so-called dividends or earnings less-than-20%-owned foreign corporations income and that are eligible for the 100%
received from mutual savings banks, etc., as and that qualify for the 70% deduction under deduction provided in section 245(c)(1)(A).
interest. Do not treat them as dividends. section 245(a). To qualify for the 70% Line 11, Columns (a) and (c).—Enter only
Line 2, Column (a).—Enter dividends (except deduction, the cooperative must own at least those dividends that qualify under section
those received on debt-financed stock 10% of the stock of the foreign corporation 243(b) for the 100% dividends-received
acquired after July 18, 1984) that are received by vote and value. Also include dividends deduction described in section 243(a)(3).
from 20%-or-more-owned domestic received from a less-than-20%-owned FSC Cooperatives taking this deduction are
corporations subject to income tax and that that are attributable to income treated as subject to the provisions of section 1561.
are subject to the 80% deduction under effectively connected with the conduct of a
Line 12, Column (a).—Enter foreign
section 243(c). Include on this line taxable trade or business within the United States
dividends not reportable on lines 3, 6, 7, 8, or
distributions from an IC-DISC or former DISC (excluding foreign trade income) and that 10 of column (a). Exclude distributions of
that are considered eligible for the 80% qualify for the 70% deduction provided in amounts constructively taxed in the current
deduction. section 245(c)(1)(B). year or in prior years under subpart F
Line 3, Column (a).—Enter dividends on Line 7, Column (a).—Enter the U.S.-source (sections 951 through 964).
debt-financed stock acquired after July 18, portion of dividends that are received from Line 13, Column (a).—Include income
1984, that are received from domestic and 20%-or-more-owned foreign corporations and constructively received from controlled foreign
foreign corporations subject to income tax that qualify for the 80% deduction under corporations under subpart F. This amount
and that would otherwise be subject to the section 245(a). Also include dividends should equal the total of amounts reported on
dividends-received deduction under sections received from a 20%-or-more-owned FSC Schedule I, Form(s) 5471.
243(a)(1), 243(c), or 245(a). Generally, that are attributable to income treated as
debt-financed stock is stock that the effectively connected with the conduct of a Line 14, Column (a).—Include gross-up for
corporation acquired by incurring a debt (e.g., trade or business within the U.S. (excluding taxes deemed paid under sections 902 and
960.
it borrowed money to buy the stock). foreign trade income) and that qualify for the
Line 3, Columns (b) and (c).—Dividends 80% deduction provided in section Line 15, Column (a).—Enter taxable
245(c)(1)(B). distributions from an IC-DISC or former DISC
received on debt-financed stock acquired
after July 18, 1984, are not entitled to the full Line 8, Column (a).—Enter dividends that are that are designated as not eligible for a
70% or 80% dividends-received deduction. received from wholly owned foreign dividends-received deduction.
The 70% or 80% deduction is reduced by a subsidiaries and that are eligible for the 100% No deduction is allowed under section 243
percentage that is related to the amount of deduction provided in section 245(b). for a dividend from an IC-DISC or former
debt incurred to acquire the stock. See DISC (as defined in section 992(a)) to the
In general, the deduction under section
section 246A. Also see section 245(a) before extent the dividend:
245(b) applies to dividends paid out of the
making this computation for an additional earnings and profits of a foreign corporation 1. Is paid out of the corporation’s
limitation that applies to dividends received for a tax year during which: accumulated IC-DISC income or previously
from foreign corporations. Attach a schedule taxed income, or
● All of its outstanding stock is owned
to Form 990-C showing how the amount on 2. Is a deemed distribution under section
(directly or indirectly) by the domestic
line 3, column (c), was figured. 995(b)(1).
cooperative receiving the dividends, and
Line 4, Column (a).—Enter dividends
● All of its gross income from all sources is Line 16, Column (a).—Include the following:
received on the preferred stock of a
effectively connected with the conduct of a 1. Dividends (other than capital gain
less-than-20%-owned public utility that is
subject to income tax and is allowed the trade or business within the United States. dividends and exempt-interest dividends) that
deduction provided in section 247 for Line 9, Column (c)—Limitation on are received from regulated investment
dividends paid. dividends-received deduction.— Generally, companies that are not subject to the 70%
line 9, column (c) may not exceed the amount deduction.
Line 5, Column (a).—Enter dividends
from the worksheet below. However, in a year 2. Dividends from tax-exempt
received on preferred stock of a
in which an NOL occurs, this limitation does organizations.
20%-or-more-owned public utility that is
not apply even if the loss is created by the 3. Dividends (other than capital gain
subject to income tax and is allowed the
dividends-received deduction. See sections dividends) received from a real estate
deduction provided in section 247 for
172(d) and 246(b). investment trust that, for the tax year of the
dividends paid.
Line 6, Column (a).—Enter the U.S.-source Line 10, Column (a).—Enter dividends from trust in which the dividends are paid, qualifies
portion of dividends that are received from FSCs that are attributable to foreign trade under sections 856 through 860.
4. Dividends not eligible for a
Worksheet for Schedule C, line 9 (Keep for your records) dividends-received deduction because of the
holding period of the stock or an obligation to
make corresponding payments with respect
1. Refigure line 28, page 1, Form 990-C, without any adjustment under
to similar stock.
section 1059 and without any capital loss carryback to the tax year under
section 1212(a)(1) Two situations in which the
dividends-received deduction will not be
2. Complete lines 10 and 11, column (c) and enter the total here
allowed on any share of stock are:
3. Subtract line 2 from line 1 ● If the cooperative held it 45 days or less
4. Multiply line 3 by 80% (see section 246(c)(1)(A)), or
5. Add lines 2, 5, 7, and 8, column (c) and the part of the deduction on line ● To the extent the cooperative is under an
3, column (c) that is attributable to dividends from 20%-or-more-owned obligation to make related payments for
corporations substantially similar or related property.
6. Enter the smaller of line 4 or line 5. If line 5 is greater than line 4, stop 5. Any other taxable dividend income not
here; and enter the amount from line 6 on line 9, column (c) and do not properly reported above (including
complete the rest of this worksheet distributions under section 936(h)(4)).
7. Enter the total amount of dividends from 20%-or-more-owned
corporations that are included on lines 2, 3, 5, 7, and 8, column (a) Schedule H
8. Subtract line 7 from line 3
Deductions and Adjustments under
9. Multiply line 8 by 70% Section 1382
10. Subtract line 5 above from line 9, column (c)
11. Enter the smaller of line 9 or line 10 Cooperatives have an option under section
12. Dividends-received deduction after limitation (sec. 246(b)). Add lines 6 1388(j)(1) to use losses from one or more
and 11. Enter the result on line 9, column (c) allocation units to offset earnings of one or
more other allocations, as the bylaws of the
Page 9
cooperative may allow, but only to the extent notice, which tells the patron the stated dollar 1. Out of earnings not from business done
that the earnings and losses are derived from amount allocated to him or her by the with or for patrons;
business done with or for patrons. If a cooperative and the part, if any, which is a 2. Out of earnings from business done with
cooperative exercises the section 1388(j)(1) patronage dividend. For a written notice of or for other patrons to whom no amounts or
option, it must provide the information allocation to be qualified, 20% or more of the smaller amounts are paid for substantially
specified in section 1388(j)(3) by written amount of the patronage dividend must be identical transactions;
notice to its patrons. Special rules also apply paid in money or a qualified check. See
3. To redeem capital stock, certificates of
if a cooperative has acquired the assets of section 1388(c) and related regulations. See
another cooperative under a section 381(a) Rev. Rul. 81-103, 1981-1 C.B. 447, for the indebtedness, revolving fund certificates,
retain certificates, letters of advice, or other
transaction. See section 1388(j) for more qualification of written notices of allocation
information. Cooperatives may engage in the issued to patrons by a payment of cash and similar documents; and
practice of netting earnings and losses under a crediting of accounts receivable due from 4. Without reference to the net earnings of
section 1388(j) and still be eligible for patrons. the cooperative organization from business
tax-exempt treatment. See section 521(b)(6). Also, one of the following conditions must done with or for its patrons.
Note: Lines 1 and 2 apply only to section 521 be met before a written notice of allocation is
cooperatives. qualified: Schedule J
Line 1.—Enter the amount actually or 1. The patron must have at least 90 days Tax Computation
constructively paid as dividends during the from the date the written notice of allocation
tax year on common stock (whether voting or is paid to redeem the written notice of Line 3
nonvoting), preferred stock, capital retain allocation in cash, and must receive written
certificates, revolving fund certificates, letters notice of the right of redemption at the time Most cooperatives figure their tax by using
of advice, or other documentary evidence of he or she received the written notice of the Tax Rate Schedule below. Exceptions
a proprietary interest in the cooperative allocation; OR apply to members of a controlled group. See
association. See Regulations section 2. The patron must consent to have the the instructions below for more information.
1.1382-3(b) for more information. allocation treated as constructively received Members of a controlled group.—A member
Line 2.—Enter amounts paid on a patronage and reinvested in the cooperative. See of a controlled group, as defined in section
basis to patrons in money, qualified written section 1388(c)(2) and related regulations for 1563, must check the box on line 1 and
notices of allocation, or other property information on how the consent must be complete lines 2a and 2b of Schedule J.
(except nonqualified written notices of made. Members of a controlled group are entitled
allocation) if the income involved was not If a written notice of allocation does not to one $50,000, one $25,000, and one
from patronage. The amounts must be paid qualify, no deduction is allowable at the time $9,925,000 taxable income bracket amount
during the payment period which begins on it is issued. However, the cooperative is (in that order) on line 2a.
the first day of the tax year and ends on the entitled to a deduction or refund of tax when When a controlled group adopts or later
15th day of the 9th month after the end of the nonqualified written notice of allocation is amends an apportionment plan, each
the tax year in which the income was earned. finally redeemed, if that notice was paid as a member must attach to its tax return a copy
“Income not from patronage” includes patronage dividend during the payment of its consent to this plan. The copy (or an
incidental income from sources not directly period for the tax year during which the attached statement) must show the part of
related to marketing, purchasing, or service patronage occurred. The deduction or refund the amount in each taxable income bracket
activities of the cooperative (such as income is allowed, but only to the extent that apportioned to that member. See Regulations
from the lease of premises, investments, or amounts paid to redeem the nonqualified section 1.1561-3(b) for other requirements
from the sale or exchange of capital assets) written notice of allocation are paid in money and for the time and manner of making the
and from business done with or for the or other property (other than written notices consent.
Government of the U.S., or any of its of allocation) and are not more than the Equal apportionment plan. If no
agencies. See “Patronage dividends” below stated dollar amounts of the nonqualified apportionment plan is adopted, the members
for an explanation of the term “qualified written notice of allocation. See section of the controlled group must divide the
written notice of allocation.” See section 1382(b) and related regulations. amount in each taxable income bracket
1382(c)(2)(B) for deductibility of amounts paid Note: See section 1383 for special rules for equally among themselves. For example,
in redemption of nonqualified written notices figuring the cooperative’s tax in the year Controlled Group AB consists of Cooperative
of allocation. nonqualified written notices of allocation are A and Cooperative B. They do not elect an
Line 3.—“Patronage dividends” include any redeemed. The cooperative is entitled to: (a) a apportionment plan. Therefore, both
amount paid to a patron by a cooperative deduction in the tax year the nonqualified Cooperative A and Cooperative B are entitled
based on business done with or for that written notices of allocation are redeemed (if to $25,000 (one-half of $50,000) in the
patron under a pre-existing obligation of the permitted under section 1382(b)(2) or (4) or $50,000 taxable income bracket on line 2a(1)
cooperative to pay that amount. The amount section 1382(c)(2)(B)); OR (b) a tax credit and to $12,500 (one-half of $25,000) in the
is determined by reference to the net based on a recomputation of tax for the $25,000 taxable income bracket on line 2a(2),
earnings of the organization from business year(s) the nonqualified written notices of and $4,962,500 (one-half of $9,925,000) in
done with or for its patrons. allocation were issued. See instructions for the $9,925,000 taxable income bracket on
To be deductible, patronage dividends line 32f. line 2a(3).
must be paid during the payment period that The following are not patronage dividends, Unequal apportionment plan. Members of a
begins on the first day of the tax year in amounts paid to patrons: controlled group may elect an unequal
which the patronage occurs and ends on the
15th day of the 9th month after the end of
that tax year. Tax Rate Schedule
See sections 1382(e) and (f) for special If taxable income (line 30, Form 990-C) on page 1 is:
rules for the time when patronage occurs if
But Of the
products are marketed under a pooling
not Tax is: amount
arrangement or if earnings are includible in
Over— over— over—
the gross income of the cooperative for a tax
year after the year in which the patronage $0 $50,000 15% $0
occurred. 50,000 75,000 $7,500 + 25% 50,000
Patronage dividends may be in the form of 75,000 100,000 13,750 + 34% 75,000
money, qualified written notices of allocation, 100,000 335,000 22,250 + 39% 100,000
or other property (except nonqualified written 335,000 10,000,000 113,900 + 34% 335,000
notices of allocation). 10,000,000 15,000,000 3,400,000 + 35% 10,000,000
“Written notices of allocation” means any 15,000,000 18,333,333 5,150,000 + 38% 15,000,000
capital stock, revolving fund certificate, 18,333,333 ----- 35% 0
certificate of indebtedness, or other written
Page 10
Credit for alcohol used as fuel. A
Worksheet for Members of a Controlled Group (Keep for your records) cooperative may be able to take a credit for
alcohol used as fuel. Use Form 6478, Credit
1. Enter taxable income (line 30, page 1) for Alcohol Used as Fuel, to figure the credit.
2. Enter line 1 or the cooperative’s share of the $50,000 taxable income Credit for increasing research activities.
bracket, whichever is less
See Form 6765, Credit for Increasing
3. Subtract line 2 from line 1 Research Activities and section 41.
4. Enter line 3 or the cooperative’s share of the $25,000 taxable income Low-Income housing credit. See Form
bracket, whichever is less
8586, Low-Income Housing Credit and
5. Subtract line 4 from line 3 section 42.
6. Enter line 5 or the cooperative’s share of the $9.925,000 taxable income
bracket, whichever is less Enhanced oil recovery credit. A cooperative
may claim a credit for qualified enhanced oil
7. Subtract line 6 from line 5
recovery costs. Use Form 8830, Enhanced
8. Multiply line 2 by 15% Oil Recovery Credit, to figure the credit.
9. Multiply line 4 by 25% Disabled access credit. A cooperative may
10. Multiply line 6 by 34% be able to take a credit for certain
11. Multiply line 7 by 35% expenditures paid or incurred to assist
12. If the taxable income of the controlled group exceeds $100,000, enter this individuals with disabilities. See Form 8826,
member’s share of the smaller of: 5% of the taxable income in excess of Disabled Access Credit, and section 44.
$100,000, or $11,750. (See Additional 5% tax below.)
Renewable electricity production credit.—A
13. If the taxable income of the controlled group exceeds $15 million, enter cooperative may be able to take a credit for
this member’s share of the smaller of 3% of the taxable income in excess electricity produced by the cooperative using
of $15 million, or $100,000. (See Additional 3% tax below.)
closed-loop biomass or wind and sold to an
14. Add lines 8 through 13. Enter here and on Schedule J, line 3 unrelated person. See Form 8835, Renewable
Electricity Production Credit, for details.
apportionment plan and divide the taxable Possessions Corporation Under Section 936. Credit for contributions to certain
income brackets as they wish. There is no Figure the credit on Form 5735, Possessions community development corporations.—A
need for consistency between taxable income Corporation Tax Credit Allowed Under cooperative may claim a credit for
brackets. Any member of the controlled group Section 936. contributions to certain community
may be entitled to all, some, or none of the Nonconventional source fuel credit. A credit development corporations. On the dotted line
taxable income bracket. However, the total is allowed for the sale of qualified fuels next to line 4c, write Form 8847 and the
amount for all members of the controlled produced from a nonconventional source. amount of the credit.
group cannot be more than the total amount Section 29 contains a definition of qualified Line 4d. Credit for prior year minimum
in each taxable income bracket. fuels, provisions for figuring the credit, and tax.—To figure the minimum tax credit and
Additional 5% tax. Members of a controlled other special rules. Attach a separate any carryforward of that credit, use Form
group are treated as one cooperative for schedule to the return showing the 8827, Credit for Prior Year Minimum Tax—
purposes of figuring the applicability of the computation of the credit. Corporations.
additional 5% tax that must be paid by Also see Form 8827, Credit for Prior Year
cooperatives with taxable income in excess of Line 7.—Recapture Taxes:
Minimum Tax, if any portion of the 1992
$100,000. If the additional tax applies, each credit was disallowed solely because of the Recapture of Investment Credit. If the
member of the controlled group will pay that tentative minimum tax limitation. See section cooperative disposed of investment credit
tax based on the part of the amount that is 53(d). property or changed its use before the end of
used in each taxable income bracket to its useful life or recovery period, see Form
reduce that member’s tax. See section Qualified electric vehicle credit.—Include on 4255, Recapture of Investment Credit, for
line 4b any credit from Form 8834, Qualified details.
1561(a). Each member of the group must
enter its share of the additional 5% tax on Electric Vehicle Credit. This credit is available
for qualified new electric vehicles placed in Recapture of Low-income Housing Credit.
line 2b(1), and attach to its tax return a If the cooperative disposed of property (or
schedule that shows the taxable income of service after June 30, 1993. Vehicles that
qualify for this credit are not eligible for the there was a reduction in the qualified basis of
the entire group as well as how its share of the property) on which it took the low-income
the additional tax was figured. deduction for clean-fuel vehicles under
section 179A. housing credit, see Form 8611, Recapture of
Additional 3% tax.—Members of a controlled Low-Income Housing Credit, and section 42(j)
group are treated as one cooperative for Line 4c. General business credit.— for details.
Complete this line if the cooperative can take
purposes of figuring the additional 3% tax Line 8a. Alternative minimum tax.— The
that must be paid by cooperatives with any of the following credits. Complete Form
3800, General Business Credit, if the cooperative may owe the alternative minimum
taxable income in excess of $15 million. If the tax if it has any of the adjustments and tax
additional tax applies, each member of the cooperative has two or more of these credits,
a credit carryforward or carryback (including preference items listed on Form 4626,
controlled group will pay that tax based on Alternative Minimum Tax—Corporations. The
the part of the amount that is used in each an ESOP credit), or a passive activity credit.
Enter the amount of the general business cooperative must file Form 4626 if its taxable
taxable income bracket to reduce that income (loss) combined with these
credit on line 4c, and check the box for Form
member’s tax. See section 1561(a). Each adjustments and tax preference items is more
3800. If the cooperative has only one credit,
member of the group must enter its share of than the smaller of:
the additional 3% tax on line 2b(2) and attach enter on line 4c, the amount of the credit
from the form. Also be sure to check the ● $40,000, or
to its tax return a schedule that shows the
taxable income of the entire group as well as
appropriate box for that form. ● The cooperative’s allowable exemption
how its share of the additional 3% tax was Investment credit. This credit was generally amount (from Form 4626).
figured. repealed for property placed in service after For this purpose, taxable income does not
1985. See Form 3468, Investment Credit, for include the NOL deduction. Get Form 4626
Line 4a. Foreign tax credit.—To find out
when a cooperative can take the credit for exceptions. for details.
payment of income tax to a foreign country or Note: Excess investment credit not used by Reduce alternative minimum tax by any
U.S. possession, see Form 1118, Foreign Tax the cooperative must be passed through to amount on Form 3800, Schedule A, line 34.
Credit— Corporations. the patrons. This credit cannot be carried On the dotted line to the left of line 8a, write
Line 4b—Other credits: over or back. See Form 3468 for details. “Sec. 38(c)(2)” and the amount.
Jobs credit. The cooperative may qualify to Line 8b. Environmental tax.—The
Possessions Corporation tax credit. For
rules on how to elect to claim the take this credit if it hired members of special cooperative may be liable for the
possessions tax credit (Section 936), see targeted groups during the tax year. See environmental tax if the modified alternative
Form 5884, Jobs Credit, for more minimum taxable income of the cooperative
Form 5712, Election To Be Treated as a
information.
Page 11
exceeds $2 million. See Form 4626 for Question 13 through stock ownership with a common
details. parent corporation. The common parent must
Foreign financial account.—Check the “Yes”
Line 9. Interest on tax deferred under the be an includible corporation and the following
box if either 1 or 2 below applies to the
installment method for certain non-dealer requirements must be met:
cooperative. Otherwise, check the “No” box:
property installment obligations.—If an 1. The common parent must own directly
1. At any time during the 1993 calendar
obligation arising from the disposition of stock that represents at least 80% of the
year the cooperative had an interest in or
property to which section 453A applies is total voting power and at least 80% of the
signature or other authority over a bank,
outstanding at the close of the tax year, the total value of the stock of at least one of the
securities, or other financial account in a
cooperative must include the interest due other includible corporations.
foreign country; and
under section 453A(c) on line 9, Schedule J. 2. Stock that represents at least 80% of
Write on the dotted line to the left of line 9, ● The combined value of the accounts was
the total voting power, and at least 80% of
Schedule J, “Sec. 453A(c)” and the amount. more than $10,000 at any time during the
the total value of the stock of each of the
Attach a schedule showing the computation. calendar year; and
other corporations (except for the common
● The account was NOT with a U.S. military parent) must be owned directly by at least
banking facility operated by a U.S. financial one of the other includible corporations.
Schedule L institution.
For this purpose, the term “stock” generally
Balance Sheets 2. The cooperative owns more than 50% of does not include any stock that (a) is
the stock in any corporation that would nonvoting, (b) is nonconvertible, (c) is limited
Line 5. Tax-exempt securities.—Include on answer “Yes” to item 1 above. and preferred as to dividends and does not
this line: Get Form TD F 90-22.1, Report of Foreign participate significantly in corporate growth,
Bank and Financial Accounts, to see if the and (d) has redemption and liquidation rights
1. State and local government obligations,
cooperative is considered to have an interest that do not exceed the issue price of the
the interest on which is excludable from gross
in or signature or other authority over a stock (except for a reasonable redemption or
income under section 103(a), and
financial account in a foreign country. liquidation premium).
2. Stock in a mutual fund or other regulated
If “Yes” is checked for this question, file Parent-subsidiary controlled group.—The
investment company that distributed
Form TD F 90-22.1 by June 30, 1994, with term “parent-subsidiary controlled group”
exempt-interest dividends during the tax year
the Department of the Treasury at the means one or more chains of corporations
of the cooperative.
address shown on the form. Form connected through stock ownership (section
TD F 90-22.1 is not a tax return. Do not file it 1563(a)(1)). Both of the following requirements
Schedule M-1 with Form 990-C. must be met:
You can get Form TD F 90-22.1 from an 1. 80% of the total combined voting power
Reconciliation of Income (Loss) per of all classes of stock entitled to vote or at
IRS Forms Distribution Center or by calling
Books With Income per Return our toll-free number 1-800-TAX-FORM least 80% of the total value of all classes of
(1-800-829-3676). stock of each corporation in the group
Line 5c. Travel and entertainment.— Also, if “Yes” is checked for this question, (except the parent) must be owned by one or
Include on line 5c any of the following: write the name of the foreign country or more of the other corporations in the group.
● 20% of meals and entertainment not countries. Attach a separate sheet if more 2. The common parent must own at least
allowed under section 274(n). space is needed. 80% of the total combined voting power of all
● Expenses for the use of an entertainment classes of stock entitled to vote or at least
Question 15 80% of the total value of all classes of stock
facility.
Show any tax-exempt interest received or of at least one of the other corporations in
● The part of business gifts over $25. the group. Stock owned directly by other
accrued. Include any exempt-interest
● Expenses of an individual in excess of dividends received as a shareholder in a members of the group is not counted when
$2,000, which are allocable to conventions on mutual fund or other regulated investment computing the voting power or value.
cruise ships. company. See section 1563(d)(1) for the definition of
● Employee achievement awards over $400. “stock” for purposes of determining stock
Question 17
● The cost of entertainment tickets over the ownership above.
face value (also subject to 20% disallowance Check the “Yes” box for question 17 if either
under section 274(n)). 1 or 2 below applies to the cooperative: Question 19
● The cost of skyboxes over the face value of 1. The cooperative is a subsidiary in an Check the box on line 19 if the cooperative
non luxury box seat tickets. affiliated group (defined below), but is not elects under section 172(b)(3) to forgo the
filing a consolidated return for the tax year carryback period for an NOL. If this box is
● The part of the cost of luxury water travel checked, do not attach the statement
not allowed under section 274(m). with that group.
described in Regulations section 7.0(d).
● Expense for travel as a form of education. 2. The cooperative is a subsidiary in a
parent-subsidiary controlled group (defined Question 20
● Other expenses for travel and below).
entertainment not allowed as a deduction. Enter the amount of the net operating loss
Any cooperative that meets either of the (NOL) carryover to the tax year from prior
Line 7a. Tax exempt-interest.—Include as requirements above should check the “Yes”
interest on line 7a, any tax-exempt dividends years, regardless of whether any of the loss is
box. This applies even if the cooperative is a used to offset income on this return. The
received as a shareholder in a mutual fund or subsidiary member of one group and the
other regulated investment company. amount to enter is the total of all NOLs
parent corporation of another. generated in prior years but not used to
Note: If the cooperative is an “excluded offset income (either as a carryback or
Schedule N member” of a controlled group (see section carryover) to a tax year prior to 1993. Do not
1563(b)(2)), it is still considered a member of a reduce the amount by any NOL deduction
Other Information controlled group for this purpose. reported on line 29a.
Affiliated group.—The term “affiliated group” Pub. 536 has a worksheet for figuring a
Be sure to answer all of the questions that means one or more chains of includible corporation’s NOL carryover.
apply to the cooperative. The following corporations (section 1504(a)) connected
instructions apply to questions 1 through 20
on Form 990-C, page 5, Schedule N.