Instructions For Form 990-C: Farmers' Cooperative Association Income Tax Return

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2000 Department of the Treasury

Internal Revenue Service

Instructions for Form 990-C


Farmers' Cooperative Association Income Tax Return
Section references are to the Internal Revenue Code unless otherwise noted.

Changes To Note its rights and resolving problems that How To Get Forms and
have not been fixed through normal
● The FSC Repeal and Extraterritorial channels. Publications
Income Exclusion Act of 2000 allows While Taxpayer Advocates cannot Personal computer. You can
a new extraterritorial income change the tax law or make a access the IRS Web Site 24 hours a
exclusion for transactions after technical tax decision, they can clear day, 7 days a week at www.irs.gov
September 30, 2000. The exclusion up problems that resulted from to:
is based on a cooperative's qualifying previous contacts and ensure that the ● Download forms, instructions, and
foreign trade income. For more cooperative's case is given a publications.
details and to figure the amount of the complete and impartial review. ● See answers to frequently asked
exclusion, see new Form 8873, The cooperative's assigned tax questions.
Extraterritorial Income Exclusion. personal advocate will listen to its ● Search publications on-line by topic
● A cooperative is required to attach
point of view and will work with the or keyword.
a statement to its income tax return cooperative to address its concerns. ● Send us comments or request help
to disclose participation in certain The cooperative can expect the
transactions that have tax shelter by e-mail.
advocate to provide: ● Sign up to receive local and
characteristics or are structured to ● A “fresh look” at a new or on-going
avoid tax. See Corporate tax national tax news by e-mail.
problem. You can also reach us using file
shelters on page 5. ● Timely acknowledgement.
● Generally, if a cooperative's transfer protocol at ftp.irs.gov.
● The name and phone number of the
average annual gross receipts for the CD-ROM. Order Pub. 1796, Federal
3 prior tax years are $1 million or individual assigned to its case. Tax Products on CD-ROM, and get:
● Updates on progress.
less, it may be eligible to adopt or ● Current year forms, instructions,
● Timeframes for action.
change to the cash method of and publications.
accounting. If the cooperative makes ● Speedy resolution. ● Prior year forms, instructions, and
this change, it will not be required to ● Courteous service. publications.
account for inventories. Instead, the When contacting the Taxpayer ● Popular tax forms that may be filled
cooperative may treat inventory in the Advocate, the cooperative should in electronically, printed out for
same manner as costs of materials provide the following information: submission, and saved for
and supplies that are not incidental. ● The cooperative's name, address, recordkeeping.
For details, see the instructions for and employer identification number. ● The Internal Revenue Bulletin.
Cost of Goods Sold on page 13. ● The name and telephone number Buy the CD-ROM on the Internet
of an authorized contact person and at www.irs.gov/cdorders from the
Photographs of Missing the hours he or she can be reached. National Technical Information
Children ● The type of tax return and year(s) Service (NTIS) for $21 (no handling
The Internal Revenue Service is a involved. fee), or call 1-877-CDFORMS
proud partner with the National ● A detailed description of the (1-877-233-6767) toll free to buy the
Center for Missing and Exploited problem. CD-ROM for $21 (plus a $5 handling
Children. Photographs of missing ● Previous attempts to solve the fee).
children selected by the Center may problem and the office that had been By phone and in person. You can
appear in instructions on pages that contacted. order forms and publications 24 hours
would otherwise be blank. You can ● A description of the hardship the a day, 7 days a week, by calling
help bring these children home by cooperative is facing (if applicable). 1-800-TAX-FORM (1-800-829-3676).
looking at the photographs and calling The cooperative may contact a You can also get most forms and
1-800-THE-LOST (1-800-843-5678) Taxpayer Advocate by calling a publications at your local IRS office.
if you recognize a child. toll-free number, 1-877-777-4778.
Persons who have access to General Instructions
Unresolved Tax Issues TTY/TDD equipment may call
If the cooperative has attempted to 1-800-829-4059 and ask for Taxpayer Purpose of Form
deal with an IRS problem Advocate assistance. If the Use Form 990-C, Farmers'
unsuccessfully, it should contact the cooperative prefers, it may call, write, Cooperative Association Income Tax
Taxpayer Advocate. The Taxpayer or fax the Taxpayer Advocate office Return, to report income, gains,
Advocate independently represents in its area. See Pub. 1546, The losses, deductions, credits, and to
the cooperative's interests and Taxpayer Advocate Service of the figure the income tax liability of the
concerns within the IRS by protecting IRS, for a list of addresses and fax cooperative.
numbers.

Cat. No. 11288M


Who Must File ● United Parcel Service (UPS): UPS method must be used for sales and
Next Day Air, UPS Next Day Air purchases of merchandise. See Cost
Every farmers' cooperative Saver, UPS 2nd Day Air, UPS 2nd of Good Sold on page 13.
association must file Form 990-C Day Air A.M. Generally, a cooperative must use
whether or not the association has The private delivery service can tell the accrual method of accounting if its
taxable income (Regulations section you how to get written proof of the average annual gross receipts
1.6012-2(f)). mailing date. exceed $5 million. See section
Generally, a farmers' cooperative Extension. File Form 7004, 448(c).
is a farmers', fruit growers', or like Application for Automatic Extension Under the accrual method, an
association organized and operated of Time To File Corporation Income amount is includible in income when:
on a cooperative basis to: Tax Return, to request a 6-month ● All the events have occurred that fix
1. Market the products of extension of time to file. the right to receive the income, which
members or other producers and is the earliest of the date: (a) the
return to them the proceeds of sales, Where To File required performance takes place, (b)
less necessary marketing expenses, payment is due, or (c) payment is
on the basis of either the quantity or File Form 990-C with the Internal
Revenue Service, Ogden, UT received, and
value of their products; or ● The amount can be determined
2. Purchase supplies and 84201-0027.
with reasonable accuracy.
equipment for the use of members or
other persons and turn over the Who Must Sign See Regulations section 1.451-1(a)
supplies and equipment to them at for details.
The return must be signed and dated Generally, an accrual basis
actual cost, plus necessary expenses. by:
A member is anyone who shares taxpayer can deduct accrued
● The president, vice president,
in the profits of a cooperative expenses in the tax year when:
treasurer, assistant treasurer, chief ● All events that determine the
association and is entitled to accounting officer or
participate in the management of the liability have occurred,
● Any other cooperative officer (such
● The amount of the liability can be
association. as tax officer) authorized to sign.
A producer is a person who, as figured with reasonable accuracy, and
Receivers, trustees, or assignees ● Economic performance takes place
owner or tenant, bears the risk of also must sign and date any return
production and receives income filed on behalf of a cooperative. with respect to the expense.
based on farm production rather than If a cooperative officer completes There are exceptions to the
fixed compensation. For example, if Form 990-C, the Paid Preparer's economic performance rule for certain
a cooperative leases its land to a space should remain blank. Anyone items, including recurring expenses.
tenant farmer who agrees to pay a who prepares Form 990-C but does See section 461(h) and the related
rental fee based on a percentage of not charge the cooperative should not regulations for the rules for
the farm crops produced, both the sign the return. Generally, anyone determining when economic
landowner and the tenant farmer who is paid to prepare the return must performance takes place.
qualify as producers. sign it and fill in the other blanks in Long-term contracts (except for
the Paid Preparer's Use Only area. certain real property construction
When To File The paid preparer must complete contracts) must generally be
the required preparer information accounted for using the percentage
Generally, a cooperative must file its of completion method described in
income tax return by the 15th day of and—
section 460. See section 460 for
the 9th month after the end of its tax ● Sign the return, by hand, in the
general rules on long-term contracts.
year. space provided for the preparer's
If the due date falls on a Saturday, signature. (Signature stamps and Change in accounting method.
Sunday, or legal holiday, the labels are not acceptable.) Generally, the cooperative must get
cooperative may file on the next ● Give a copy of the return to the
IRS consent to change the method
business day. of accounting used to report taxable
taxpayer. income (for income as a whole or for
Private Delivery Services. You can any material item). To do so, it must
use certain private delivery services Accounting Methods file Form 3115, Application for
designated by the IRS to meet the An accounting method is a set of Change in Accounting Method. For
“timely mailing as timely filing/paying” rules used to determine when and more information, see Pub. 538,
rule for tax returns and payments. how income and expenses are Accounting Periods and Methods.
The most recent list of designated reported.
private delivery services was Completed crop pool method of
published by the IRS in August 1999. Figure taxable income using the accounting. Cooperatives may use
The list includes only the following: method of accounting regularly used the completed crop pool method of
in keeping the cooperative's books accounting for crop pools open before
● Airborne Express (Airborne):
and records. Generally, permissible March 1, 1978. See section 1382(g)
Overnight Air Express Service, Next methods include: for more information.
Afternoon Service, Second Day ● Cash,
Service. Accounting Periods
● Accrual, or
● DHL Worldwide Express (DHL):
● Any other method authorized by the A cooperative must figure its taxable
DHL “Same Day” Service, DHL USA
Overnight. Internal Revenue Code. income on the basis of a tax year.
● Federal Express (FedEx): FedEx In all cases, the method used must The tax year is the annual accounting
Priority Overnight, FedEx Standard clearly show taxable income. If period the cooperative uses to keep
Overnight, FedEx 2 Day. inventories are required, the accrual its records and report its income and
expenses. Generally, cooperatives

Page 2
can use a calendar year or a fiscal Depository Method of Tax If the cooperative owes tax
year.
For more information about Payment ! when it files Form 990-C, do
CAUTION not include the payment with

accounting periods, see Temporary The cooperative must pay the tax due the tax return. Instead, mail or deliver
Regulations sections 1.441-1T, in full no later than the 15th day of the the payment with Form 8109 to an
1.441-2T, and Pub. 538. 9th month after the end of the tax authorized depositary or use EFTPS,
Calendar year. If the calendar year year. The two methods of depositing if applicable.
is adopted as the annual accounting cooperative income taxes are
period, the cooperative must maintain discussed below. Estimated Tax Payments
its books and records and report its Electronic Deposit Requirement.
Generally, the following rules apply to
income and expenses for the period The cooperative must make
the cooperative's payments of
from January 1 through December 31 electronic deposits of all depository
estimated tax.
of each year. taxes (such as employment tax,
● The cooperative must make
Fiscal year. A fiscal year is 12 excise tax, and cooperative income
tax) using the Electronic Federal Tax installment payments of estimated tax
consecutive months ending on the if it expects its estimated tax (income
last day of any month except Payment System (EFTPS) in 2001 if:
● The total deposits of such taxes in
tax minus credits) to be $500 or more.
December. A 52–53-week year is a ● The installments are due by the
fiscal year that varies from 52 to 53 1999 were more than $200,000 or
weeks. ● The cooperative was required to
15th day of the 4th, 6th, 9th, and 12th
months of the tax year. If any date
Adoption of tax year. A cooperative use EFTPS in 2000.
falls on a Saturday, Sunday, or legal
adopts a tax year when it files its first If the cooperative is required to use holiday, the installment is due on the
income tax return. It must adopt a tax EFTPS and fails to do so, it may be next regular business day.
year by the due date (not including subject to a 10% penalty. If the ● Use Form 1120-W, Estimated Tax
extensions) of its first income tax cooperative is not required to use
return. for Corporations, as a worksheet to
EFTPS, it may participate voluntarily.
compute estimated tax.
Change in tax year. Generally, a To enroll in or get more information
● If the cooperative does not use
cooperative must get the consent of about EFTPS, call 1-800-555-4477
the IRS before changing its tax year or 1-800-945-8400. EFTPS, use the deposit coupons
by filing Form 1128, Application To (Form 8109) to make deposits of
Depositing on time. For deposits estimated tax.
Adopt, Change, or Retain a Tax Year. made by EFTPS to be on time, the
However, under certain conditions, a cooperative must initiate the For more information on estimated
cooperative may change its tax year transaction at least 1 business day tax payments, including penalties that
without getting the consent. See before the date the deposit is due. apply if the cooperative fails to make
Regulations section 1.442-1 and Pub. required payments, see the
Deposits with Form 8109. If the instructions for line 33 on page 13.
538. cooperative does not use EFTPS,
deposit cooperative income tax Overpaid estimated tax. If the
Rounding Off to Whole payments (and estimated tax cooperative overpaid estimated tax, it
payments) with Form 8109, Federal may be able to get a quick refund by
Dollars filing Form 4466, Corporation
Tax Deposit Coupon. If you do not
The cooperative may show amounts have a preprinted Form 8109, use Application for Quick Refund of
on the return and accompanying Form 8109-B to make deposits. You Overpayment of Estimated Tax. The
schedules as whole dollars. To do so, can get this form only by calling overpayment must be at least 10%
drop any amount less than 50 cents 1-800-829-1040. Be sure to to have of expected income tax liability and
and increase any amount from 50 your employer identification number be at least $500. File Form 4466
cents through 99 cents to the next (EIN) ready when you call. before the 16th day of the 3rd month
higher dollar. after the end of the tax year, but
Do not send deposits directly to an before the cooperative files its tax
IRS office; otherwise, the cooperative
Recordkeeping may have to pay a penalty. Mail or
return. Do not file Form 4466 before
the end of the cooperative's tax year.
Keep the cooperative's records for as deliver the completed Form 8109 with
long as they may be needed for the the payment to an authorized
administration of any provision of the depositary, i.e., a commercial bank Interest and Penalties
Internal Revenue Code. Usually, or other financial institution authorized Interest. Interest is charged on taxes
records that support an item of to accept Federal tax deposits. paid late even if an extension of time
income, deduction, or credit on the Make checks or money orders to file is granted. Interest is also
return must be kept for 3 years from payable to the depositary. To help charged on penalties imposed for
the date the return is due or filed, ensure proper crediting, write the failure to file, negligence, fraud, gross
whichever is later. Keep records that cooperative's EIN, the tax period to valuation overstatements, and
verify the cooperative's basis in which the deposit applies, and “Form substantial understatements of tax
property for as long as they are 990-C” on the check or money order. from the due date (including
needed to figure the basis of the Be sure to darken the “990-C” box on extensions) to the date of payment.
original or replacement property. the coupon. Records of these The interest charge is figured at a
The cooperative should also keep deposits will be sent to the IRS. rate determined under section 6621.
copies of any returns it has filed. They For more information on deposits, Penalty for late filing of return. A
help in preparing future returns and see the instructions in the coupon cooperative that does not file its tax
filing amended returns. booklet (Form 8109) and Pub. 583, return by the due date, including
Starting a Business and Keeping extensions, may be penalized 5% of
Records. the unpaid tax for each month or part
of a month the return is late, up to a

Page 3
maximum of 25% of the unpaid tax. dog racing, jai alai, lotteries, keno, Form 1096, Annual Summary and
The minimum penalty for a return that bingo, slot machines, sweepstakes, Transmittal of U.S. Information
is over 60 days late is the smaller of wagering pools, etc. Returns. Use Form 1096 to transmit
the tax due or $100. The penalty will Form 720, Quarterly Federal Excise Forms 1099, 1098, 5498, and W-2G
not be imposed if the cooperative can Tax Return. Use Form 720 to report to the Internal Revenue Service.
show that the failure to file on time the luxury tax on passenger vehicles Form 1098, Mortgage Interest
was due to reasonable cause. and pay, environmental excise taxes, Statement. Use this form to report the
Cooperatives that file late must attach communications and air receipt from any individual of $600 or
a statement explaining the transportation taxes, fuel taxes, more of mortgage interest (including
reasonable cause. manufacturers' taxes, ship passenger points) in the course of the
Penalty for late payment of tax. A taxes, and certain other excise taxes. cooperative's trade or business and
cooperative that does not pay the tax Also see Trust fund recovery reimbursements of overpaid interest.
when due generally may be penalized penalty above. Forms 1099-A, B, DIV, INT, MISC,
1/2of 1% of the unpaid tax for each
Form 926, Return by a U.S. OID, PATR, and R. Use these
month or part of a month the tax is Transferor of Property to a Foreign information returns to report,
not paid, up to a maximum of 25% of Corporation. Use this form to report respectively:
the unpaid tax. The penalty will not information required under section ● Acquisitions and abandonments of
be imposed if the cooperative can 6038B. secured property;
show that the failure to pay on time Form 940 or Form 940-EZ, ● Proceeds from broker and barter
was due to reasonable cause. Employer's Annual Federal exchange transactions;
Trust fund recovery penalty. This Unemployment (FUTA) Tax Return. ● Certain dividends and distributions;
penalty may apply if certain excise, The cooperative may be liable for ● Interest income;
income, social security, and Medicare FUTA tax and may have to file Form ● Miscellaneous income (e.g.,
taxes that must be collected or 940 or 940-EZ if it paid wages of
withheld are not collected or withheld, $1,500 or more in any calendar payments to providers of health and
or these taxes are not paid to the IRS. quarter in 1999 or 2000 or at least medical services; rent or royalty
These taxes are generally reported one employee worked for the payments; nonemployee
on Forms 720, 941, 943, or 945 (see cooperative for some part of a day in compensation, etc.);
● Original issue discount;
below Other Forms, Returns, any 20 or more different weeks in
Schedules, and Statements That ● Distributions from cooperatives to
1999 or 20 or more different weeks in
May Be Required). The trust fund 2000. their patrons;
recovery penalty may be imposed on Form 941, Employer's Quarterly ● Distributions from pensions,
all persons who are determined by Federal Tax Return, or, for annuities, retirement or profit-sharing
the IRS to have been responsible for agricultural employers, Form 943, plans, individual retirement
collecting, accounting for, and paying Employer's Annual Tax Return for arrangements (IRAs)( including
over these taxes, and who acted Agricultural Employees. Report SEPs, SIMPLEs, Roth IRAs and Ed
willfully in not doing so. The penalty income tax withheld and employer IRAs, Roth conversions and IRA
is equal to the unpaid trust fund tax. and employee social security and recharacterizations) or insurance
See the Instructions for Form 720, Medicare taxes (also see Trust fund contracts.
Pub. 15 (Circular E), Employer's Tax recovery penalty above). Note: Every cooperative must file
Guide, or Pub. 51 (Circular A), Form 945, Annual Return of Withheld Form 1099-MISC if, in the course of
Agricultural Employer's Tax Guide, for Federal Income Tax. File Form 945 its trade or business, it makes
details, including the definition of to report income tax withholding from payments of rents, commissions, or
responsible persons. nonpayroll distributions or payments, other fixed or determinable income
Other penalties. Other penalties can such as pensions, annuities, IRAs, (see section 6041) totaling $600 or
be imposed for negligence, military retirement, gambling more to any one person during the
substantial understatement of tax, winnings, Indian gaming profits, and calendar year.
and fraud. See sections 6662 and backup withholding. See Trust fund Form 5452, Corporate Report of
6663. recovery penalty above. Nondividend Distributions. Use this
Form 966, Corporate Dissolution or form to report nondividend
Other Forms, Returns, Liquidation. Used to report the distributions.
Schedules and Statements adoption of a resolution or plan to Form 5471, Information Return of
That May Be Required dissolve the corporation or liquidate U.S. Persons With Respect to Certain
any of its stock. Foreign Corporations. Required if the
The cooperative may have to file Form 1042, Annual Withholding Tax cooperative controls a foreign
some of the following forms. See the Return for U.S. Source Income of corporation; acquires, disposes of, or
form for more information. Foreign Persons, and Form 1042-S, owns 10% or more in value or vote
Form W-2, Wage and Tax Statement, Foreign Person's U.S. Source Income of the outstanding stock of a foreign
and Form W-3, Transmittal of Wage Subject to Withholding. Use these corporation; or had control of a
and Tax Statements. Use these forms forms to report and send withheld tax foreign corporation for an
to report withheld income, wages, on payments or distributions made to uninterrupted period of at least 30
tips, other compensation, social nonresident alien individuals, foreign days during the annual accounting
security, and Medicare taxes for an partnerships, or foreign corporations. period of the foreign corporation.
employee. Also see Pub. 515, Withholding of Form 5713, International Boycott
Form W-2G, Certain Gambling Tax on Nonresident Aliens and Report. Use if the cooperative had
Winnings. Use this form to report Foreign Corporations, and sections operations in or related to certain
gambling winnings from horse racing, 1441 and 1442. boycotting countries, or with the

Page 4
government, company, or national of 1. Controlled a foreign partnership ● A reconciliation of retained
a boycotting country. (i.e., owned more than a 50% direct earnings.
Form 8264, Application for or indirect interest in the partnership). Enter the totals for the consolidated
Registration of a Tax Shelter. Tax 2. Owned at least a 10% direct group on Form 990-C. Attach
shelter organizers use this form to or indirect interest in a foreign consolidated balance sheets and a
receive a tax shelter registration partnership while U.S. persons reconciliation of consolidated retained
number from the IRS. controlled that partnership. earnings.
Form 8271, Investor Reporting of Tax 3. Had an acquisition, disposition, For more information on
Shelter Registration Number. or change in proportional interest in consolidated returns, see the
Taxpayers who have acquired an a foreign partnership that: regulations under section 1502.
interest in a tax shelter, that is ● Increased its direct interest to at
required to be registered, use this least 10% or reduced its direct Statements
form to report the tax shelter's interest of at least 10% to less than Corporate tax shelters. A
registration number. Form 8271 must 10%. cooperative is required to disclose its
be attached to any tax return ● Changed its direct interest by at participation in certain tax shelters:
(including an application for tentative least a 10% interest. ● By attaching a disclosure
refund (Form 1139) and an amended 4. Contributed property to a statement to its income tax return for
return) on which a deduction, credit, foreign partnership in exchange for a a reportable transaction for each tax
loss, or other tax benefit attributable partnership interest if: year its income tax liability is affected
to a tax shelter is taken or any income ● Immediately after the contribution, by its participation in the transaction
attributable to a tax shelter is the cooperative owned, directly or and
reported. indirectly, at least a 10% interest in ● For the first tax year a disclosure
Form 8275, Disclosure Statement, the foreign partnership; or statement is attached to its tax return,
and Form 8275-R, Regulation ● The fair market value (FMV) of the by sending a copy of the disclosure
Disclosure Statement. Use these property the cooperative contributed statement to the Internal Revenue
forms to disclose items or positions to the foreign partnership in exchange Service, LM:PFTG:OTSA, 1111
taken on a tax return that are not for a partnership interest, when added Constitution Ave., NW, Washington,
otherwise adequately disclosed on to other contributions of property DC 20224.
the return or that are contrary to made to the foreign partnership Disclosure is required for reportable
Treasury regulations (to avoid parts during the preceding 12-month transactions that are: (a) listed
of the accuracy-related penalty or period, exceeds $100,000. transactions that the IRS has
certain preparer penalties). identified as a tax avoidance
Also, the domestic cooperative may
Form 8300, Report of Cash have to file Form 8865 to report transaction and (b) other reportable
Payments Over $10,000 Received in certain dispositions by a foreign transactions that have tax shelter
a Trade or Business. File this form to partnership of property it previously characteristics. A listed transaction
report the receipt of more than contributed to that foreign partnership must be reported if it is expected to
$10,000 in cash or foreign currency if it was a partner at the time of the reduce the taxpayer's income tax
in one transaction or in a series of disposition. For more details, liability by more than $1 million in a
related transactions. including penalties for failing to file single tax year or by a total of more
Form 8594, Asset Acquisition Form 8865, see Form 8865 and its than $2 million for any combination
Statement. Use this form to report the separate instructions. of years. For other reportable
purchase or sale of a group of assets transactions, the threshold increases
that constitute a trade or business if Consolidated Return to $5 million for a single tax year or
goodwill or going concern value The nonexempt parent of an affiliated to $10 million for any combination of
attach to the assets. group of cooperatives must attach years. Generally, reporting is not
Form 8810, Corporate Passive Form 851, Affiliations Schedule, to required for customary business
Activity Loss and Credit Limitations. the consolidated return. For the first transactions or transactions with tax
Closely held cooperatives must use year a consolidated return is filed, benefits that the IRS has no
this form to compute the passive each subsidiary must attach Form reasonable basis to challenge.
activity loss and credit allowed under 1122, Authorization and Consent of See Temporary Regulations
section 469. Subsidiary Corporation To Be section 1.6011-4T for details,
Form 8842, Election To Use Different Included in a Consolidated Income including:
Annualization Periods for Corporate Tax Return. ● The definition of a reportable
Estimated Tax. Cooperatives use File supporting statements for each transaction and a listed transaction,
Form 8842 for each year they want to cooperative included in the ● The relevant tax shelter
elect one of the annualization periods consolidated return. Do not use Form characteristics for other reportable
in section 6655(e)(2)(C) for figuring 990-C as a supporting statement. On transactions,
estimated tax payments under the the supporting statement use ● The form and content of the
annualized income installment columns to show the following, both disclosure statement, and
method. before and after adjustments: ● The filing requirements of the
Form 8849, Claim for Refund of ● Items of gross income and disclosure statement.
Excise Taxes. Use this form to claim deductions. Also, see Notice 2000-15, 2000-12
a refund of certain excise taxes. ● A computation of taxable income. I.R.B. 826 and Notice 2000-44,
Form 8865, Return of U.S. Person ● Balance sheets as of the beginning 2000-36 I.R.B. 255, for certain listed
With Respect To Certain Foreign and end of tax year. transactions determined to have a tax
Partnerships. A cooperative may ● A reconciliation of income per avoidance purpose and the intended
have to file Form 8865 if it: books with income per return. tax benefits that are subject to
disallowance. The listed transactions

Page 5
in these notices may be updated from Note: If a change in address occurs Item E—Initial Return,
time to time when other tax avoidance after the return is filed, use Form
transactions are identified. 8822, Change of Address, to notify Final Return, Change of
the IRS of the new address. Address, or Amended
Assembling the Return
Return
After page 5, Form 990-C, assemble Employer identification Indicate by checking the applicable
any schedules and other forms in the number (EIN).
following order. box if the cooperative:
Show the correct EIN in item B. If the ● Is filing its first return,
1. Form 4136, Form 4626, and
Form 851. cooperative does not have an EIN, it ● Has ceased to exist,

2. Additional schedules in should apply for one on Form SS-4, ● Had a change of address, or

alphabetical order. Application for Employer Identification ● Is filing an amended return.


Number. Send Form SS-4 to the
3. Additional forms in numerical address of the Ogden Internal
order. Revenue Service Center, as shown in
Income
Complete every applicable entry the instructions for Form SS-4. If the Note: Generally, income from all
space on Form 990-C. Do not write cooperative has not received its EIN sources, whether U.S. or foreign,
“See attached” instead of completing by the time the return is due, write must be included.
the entry spaces. If more space is “Applied for” in the space for the EIN. Line 1. Gross receipts or sales.
needed on the forms or schedules, See Pub. 583 for details. Enter gross receipts or sales from all
attach separate sheets, using the business operations except those
same size and format as the printed Item A—Business Activity required to be reported on lines 4a
forms. If there are supporting through 10. In general, advance
statements and attachments, arrange With the Largest Total payments are reported in the year of
them in the same order as the Receipts receipt. To report income from
schedules or forms they support and long-term contracts, see section 460.
attach them last. Show the totals on Identify the business activity from
which the cooperative receives the For special rules for reporting certain
the printed forms. Also, be sure to advance payments for goods and
enter the cooperative's name and EIN largest total receipts (e.g., wholesale
marketing of meat, drying fruit, grain long-term contracts, see Regulations
on each supporting statement or section 1.451-5. For permissible
attachment. storage, wholesale purchasing of
fertilizers, cattle breeding, etc.). methods for reporting certain advance
payments for services by an accrual
Item C—Consolidated method cooperative, see Rev. Proc.
Specific Instructions Return 71-21, 1971-2 C.B. 549.
Installment sales. Generally, the
Period covered Do not check this box if the “Section installment method cannot be used
521” box is checked in Item D. for:
File the 2000 return for calendar year ● Sales of property after December
2000 and fiscal years that begin in Item D—Type of
2000 and end in 2001. For a fiscal 16, 1999, that would otherwise be
year, fill in the tax year space at the Cooperative reported using the accrual method of
top of the form. accounting.
Check the “Tax exempt (Section ● Dealers dispositions of property. A
Note:The 2000 Form 990-C may also 521)” box if the cooperative is a
be used if: tax-exempt farmers', fruit growers', or “dealer disposition” is: (a) any
● The cooperative has a tax year of like association, organized and disposition of personal property by a
operated on a cooperative basis and person who regularly sells or
less than 12 months that begins and otherwise disposes of personal
ends in 2001 and is described in section 521.
property of the same type on the
● The 2001 Form 990-C is not If the cooperative has submitted installment plan or (b) any disposition
available at the time the cooperative Form 1028, Application for of real property held for sale to
is required to file its return. The Recognition of Exemption, but has customers in the ordinary course of
cooperative must show its 2001 tax not received a determination letter the taxpayer's trade or business.
year on the 2000 Form 990-C and from the IRS, check the “Tax exempt
(Section 521)” box, and write Exception.These restrictions on
take into account any tax law using the installment method do not
changes that are effective for tax “Application Pending” at the top of
page 1 of Form 990-C. apply to dispositions of property used
years beginning after December 31, or produced in a farming business or
2000. All other farmers', etc., sales of timeshares and residential
cooperatives organized and operated lots for which the cooperative elects
Address as described under “Who Must File” to pay interest under section
on page 1 of the instructions should 453(l)(3).
Include the suite, room, or other unit check the “Nonexempt” box.
number after the street address. If a Enter on line 1 (and carry to line 3),
preaddressed label is used, include Cooperatives organized and the gross profit on collections from
this information on the label. operated for purposes other than installment sales for any of the
those described, such as to purchase following:
If the Post Office does not deliver food for members, should not file
mail to the street address and the Form 990-C. See the instructions for
● Dealer dispositions of property
cooperative has a P.O. box, show the Form 1120, U.S. Corporation Income before March 1, 1986.
box number instead of the street Tax Return, for information about ● Dispositions of property used or
address. filing requirements. produced in the trade or business of
farming.

Page 6
● Certain dispositions of timeshares 2. Nonpatronage distributions Line 6. Gross rents. Enter the gross
and residential lots reported under the received on a patronage basis from amount received from the rental of
installment method. tax-exempt farmers' cooperatives in: property. Deduct expenses such as
Attach a schedule showing the ● Money, repairs, interest, taxes, and
following information for the current ● Qualified written notices of depreciation on the proper lines for
and the 3 preceding years: (a) gross allocation, or deductions.
sales, (b) cost of goods sold, (c) ● Other property (except nonqualified Generally, gross rents are
gross profits, (d) percentage of gross written notices of allocation), based considered nonpatronage income to
profits to gross sales, (e) amount on earnings of that cooperative either nonexempt cooperatives (Regulations
collected, and (f) gross profit on the from business done with or for the section 1.1382-3(c)(2)). As such, a
amount collected. United States or any of its agencies patronage dividend deduction may
For sales of timeshares and (or from sources other than not be deductible from rental
residential lots reported under the patronage, such as investment expense.
installment method, the cooperative's income). Line 8. Capital gain net income.
income tax is increased by the 3. Qualified written notices of Every sale or exchange of a capital
interest payable under section allocation at their stated dollar asset must be reported in detail on
453(l)(3). To report this addition to amounts and property at its fair Schedule D (Form 1120), Capital
the tax, see the instructions for the market value (FMV). Gains and Losses, even though no
Schedule J, Form 990-C. 4. Amounts received on the gain or loss is indicated. Generally,
Nonaccrual experience method. redemption, sale, or other capital gains and losses are
Accrual method taxpayers need not disposition of nonqualified written considered nonpatronage source.
accrue certain amounts to be notices of allocation. Line 10. Other income. Enter any
received from the performance of Generally, patronage dividends other taxable income not reported on
services that, on the basis of their from purchases of capital assets or lines 1 through 9. List the type and
experience, will not be collected depreciable property are not amount of income on an attached
(section 448(d)(5)). This provision includible in income but must be used schedule. If the cooperative has only
does not apply to any amount if to reduce the basis of the assets. See one item of other income, describe it
interest is required to be paid on the section 1385(b) and the related in parentheses on line 10. Examples
amount or if there is any penalty for regulations. of other income to report on line 10
failure to timely pay the amount. are:
Cooperatives that fall under this 5. Amounts received (or the
● Any adjustment under section
provision should attach a schedule stated dollar value of qualified
per-unit retain certificates received) 481(a) required to be included in
showing total gross receipts, the income during the current tax year
amount not accrued as a result of the from the sale or redemption of
nonqualified per-unit retain due to a change in a method of
application of section 448(d)(5), and accounting.
the net amount accrued. Enter the net certificates.
● Recoveries of bad debts deducted
amount on line 1a. For more 6. Per-unit retain allocations
received (except nonqualified per-unit in prior years under the specific
information and guidelines on this charge-off method.
“nonaccrual experience method,” see retain certificates). See section 1385.
● The amount of credit for alcohol
Temporary Regulations section Note: Payments from the Commodity
Credit Corporation to a farmers' used as fuel (determined without
1.448-2T. regard to the limitation based on tax)
Note: Certain cooperatives that have cooperative for certain expenses of
the co-op's farmers-producers under that was entered on Form 6478,
gross receipts of $10 million or more Credit for Alcohol Used as Fuel.
and have patronage and a “reseal” program of the U.S.
● Refunds of taxes deducted in prior
nonpatronage source income and Department of Agriculture are
patronage-source income that may years to the extent they reduced
deductions, must complete and attach income subject to tax in the year
Form 8817, Allocation of Patronage give rise to patronage dividends
under section 1382(b)(1). See Rev. deducted (see section 111). Do not
and Nonpatronage Income and offset current year taxes against tax
Deductions, to their return. Rul. 89-97, 1989-2 C.B. 217, for more
information. refunds.
Line 4a. Income from patronage ● The amount of any deduction
dividends and per-unit retain Line 5. Interest. Enter taxable
interest on U.S. obligations and on previously taken under section 179A
allocations. Attach a schedule listing that is subject to recapture. The
the name of each declaring loans, notes, mortgages, bonds, bank
deposits, corporate bonds, tax cooperative must recapture the
association from which the benefit of any allowable deduction for
cooperative received income from refunds, etc.
clean-fuel vehicle property (or
patronage dividends and per-unit Do not offset interest expense clean-fuel vehicle refueling property),
retain allocations , and the total against interest income. if, within 3 years of the date the
amount received from each Special rules apply to interest property was placed in service, it
association. income from certain below-market ceases to qualify. See Regulations
Include on the schedule the items rate loans. See section 7872 for more section 1.179A-1 for details.
listed in 1 through 6 below: information. ● For cooperatives described in
1. Patronage dividends received Note: Interest income is generally section 1381 that are shareholders in
in: nonpatronage income to nonexempt an FSC, include the nonexempt
● Money, cooperatives (Regulations section portion of foreign trade income from
● Qualified written notices of
1.1382-3(c)(2)). As such, a patronage the sale or other disposition of
dividend deduction may not be agricultural or horticultural products
allocation, or
deductible from interest expense. by the FSC for the tax year that
● Other property (except nonqualified
written notices of allocation). includes the last day of the FSC's tax

Page 7
year, even though the FSC is not Regulations section 1.263A-1(e)(3) may not be deductible. This occurs
required to distribute such income specifies other indirect costs that when the cooperative has an
until the due date of its income tax relate to production or resale activities agreement (golden parachute) with
return. that must be capitalized and those these key employees to pay them
● Ordinary income from trade or that may be currently deductible. these excessive amounts if control of
business activities of a partnership Interest expense paid or incurred the cooperative changes. See section
(from Schedule K-1 (Form 1065 or during the production period of 280G.
1065-B)).Do not offset ordinary losses designated property must be Business start-up expenses.
against ordinary income. Instead, capitalized and is governed by special Business start-up expenses must be
include the losses on line 26, Form rules. For more details, see capitalized unless an election is made
990-C. Show the partnership's name, Regulations sections 1.263A-8 to amortize them over a period of 60
address and EIN on a seperate through 1.263A-15. months. See section 195 and
statement attached to this return. If The costs required to be capitalized Regulations section 1.195-1.
the amount entered is from more than under section 263A are not deductible Passive activity limitations.
one partnership, identify the amount until the property (to which the costs Limitations on passive activity losses
from each partnership. relate) is sold, used, or otherwise and credits under section 469 apply
disposed of by the cooperative. to closely held cooperatives.
Deductions Exceptions. For this purpose, a cooperative is
Section 263A does not apply to: a closely held cooperative if at any
Limitations on deductions ● Personal property acquired for time during the last half of the tax
Section 263A uniform resale if the cooperative's average year more than 50% in value of its
capitalization rules. The uniform annual gross receipts for the 3 prior outstanding stock is owned, directly
capitalization rules of section 263A tax years were $10 million or less. or indirectly, by or for not more than
require cooperatives to capitalize or ● Timber.
5 individuals. Certain organizations
include in inventory costs, certain are treated as individuals for
● Most property produced under a
costs incurred in connection with: purposes of this test. See section
long-term contract. 542(a)(2). For rules of determining
● The production of real property and
● Certain property produced in a
tangible personal property held in stock ownership, see section 544 (as
farming business. modified by section 465(a)(3)).
inventory or held for sale in the ● Research and experimental costs
ordinary course of business. Generally, the two kinds of passive
● Real property or personal property
under section 174. activities are:
● Intangible drilling costs for oil, gas, ● Trade or business activities in
(tangible and intangible) acquired for
resale. and geothermal property. which the cooperative did not
● Mining exploration and materially participate (see Temporary
● The production of real property and
tangible personal property by a development costs. Regulations section 1.469-1T(g)(3))
cooperative for use in its trade or ● Inventory of a cash method for the tax year, and
business or in activity engaged in for cooperative that does not account for ● Rental activities regardless of its

profit. inventories. See Pub 553,Highlights participation.


Tangible personal property of 2000 Tax Changes for details. For exceptions, see Form 8810.
produced by a cooperative includes For more details on the uniform An activity is a trade or business
a film, sound recording, videotape, capitalization rules, see Regulations activity if it is not a rental activity, and:
book, or similar property. sections 1.263A-1 through 1.263A-3 ● The activity involves the conduct of
Cooperatives subject to the rules and section 1.263A-4 for rules for a trade or business (i.e., deductions
are required to capitalize not only property produced in a farming from the activity would be allowable
direct costs but an allocable part of business. under section 162 if other limitations,
most indirect costs (including taxes) Transactions between related such as the passive loss rules, did not
that (a) benefit the assets produced taxpayers. Generally, an accrual apply) or
or acquired for resale or (b) are basis taxpayer may only deduct ● The activity involves research and
incurred by reason of the business expenses and interest owed experimental costs that are deductible
performance of production or resale to a related party in the year payment under section 174 (or would be
activities. is included in income of the related deductible if the cooperative chose to
For inventory, some of the indirect party. See sections 163(e)(3), 163(j), deduct rather than capitalize them).
expenses that must be capitalized and 267 for the limitations on Cooperatives subject to the passive
are: deductions for unpaid interest and activity limitations must complete
● Administration expenses.
expenses. Form 8810 to compute their allowable
● Taxes.
Section 291 limitations. passive activity loss and credit.
Cooperatives may be required to Before completing Form 8810, see
● Depreciation.
adjust deductions for depletion of iron Temporary Regulations section
● Insurance.
ore and coal, intangible drilling, 1.163-8T, which provides rules for
● Compensation paid to officers exploration and development costs, allocating interest expense among
attributable to services. and the amortizable basis of pollution activities. If a passive activity is also
● Reworked labor. control facilities. See section 291 to subject to the earnings stripping rules
● Contributions to pension, stock determine the amount of the of section 163(j) or the at-risk rules
bonus, and certain profit-sharing, adjustment. Also see section 43. of section 465, those rules apply
annuity, or deferred compensation Golden parachute payments. A before the passive loss rules. For
plans. portion of the payments made by a more information, see section 469,
cooperative to key personnel that the related regulations, and Pub. 925,
exceeds their usual compensation Passive Activity and At-Risk Rules.

Page 8
Reducing certain expenses for ● Any empowerment zone See section 164(d) for
which credits are allowable. For employment credit from Form 8844, apportionment of taxes on real
each credit listed below, the ● Any Indian employment credit from property between the seller and
cooperative must reduce the Form 8845, and purchaser.
otherwise allowable deductions for ● Any welfare-to-work credit from Line 18. Interest.
expenses used to figure the credit by Form 8861. Note: The deduction for interest is
the amount of the current year credit: See the instructions for these forms limited when the cooperative is a
1. Work opportunity credit. for more information. Do not include policyholder or beneficiary with
2. Research credit. salaries and wages deductible respect to a life insurance,
3. Enhanced oil recovery credit. elsewhere on the return, such as endowment, or annuity contract
4. Disabled access credit. amounts included in cost of goods issued after June 8, 1997. For details,
5. Empowerment zone sold, elective contributions to a see section 264(f). Attach a statement
employment credit. section 401(k) cash or deferred showing the computation of the
arrangement, or amounts contributed deduction.
6. Indian employment credit. under a salary reduction SEP Do not deduct the following
7. The employer credit for social agreement or a SIMPLE IRA plan. interest:
security and Medicare taxes paid on
● Interest on indebtedness incurred
tips. If the cooperative provided
or continued to purchase or carry
8. Orphan drug credit. ! taxable fringe benefits to its
CAUTION employees, such as personal obligations the interest on which is
9. Welfare-to-work credit. wholly exempt from income tax.
use of a car, do not deduct as wages
If the cooperative has any of these the amount allocated for depreciation ● For cash basis taxpayers, prepaid
credits, figure each current year credit and other expenses claimed on lines interest allocable to years following
before figuring the deduction for 20 and 26. the current tax year (e.g., a cash
expenses on which the credit is basis calendar year taxpayer who in
based. Line 14. Repairs and maintenance.
Enter the cost of incidental repairs, 2000 prepaid interest allocable to any
Line 12. Compensation of officers. such as labor and supplies, that do period after 2000 can deduct only the
Enter deductible officers' not add to the value of the property amount allocable to 2000).
compensation on line 12. Before or appreciably prolong its life. New ● Interest and carrying charges on
entering an amount on line 12, buildings, machinery, or permanent straddles. Generally, these amounts
complete Schedule E if the improvements that increase the value must be capitalized. See section
cooperative's total receipts (line 1a of the property are not deductible. 263(g).
plus lines 4 through 10, page 1) are They must be depreciated or ● Interest on debt allocable to the
$500,000 or more. Do not include amortized. production of designated property by
compensation deductible elsewhere a cooperative for its own use or for
on the return, such as amounts Line 15. Bad debts. Enter the total
debts that became worthless in whole sale. This interest must be
included in cost of goods sold, capitalized. A cooperative must also
elective contributions to a section or in part during the tax year.
capitalize any interest on debt
401(k) cash or deferred arrangement, A cash method taxpayer may allocable to an asset used to produce
or amounts contributed under a salary
reduction SEP agreement or a
! not claim a bad debt deduction
CAUTION unless the amount was
the above property. See section
263A(f) and Regulations sections
SIMPLE IRA plan. previously included in income. 1.263A-8 through 1.263A-15 for
Include only the deductible part of Line 17. Taxes and licenses. Enter definitions and more information.
officers' compensation on Schedule taxes paid or accrued during the tax Special rules apply to:
E. (See Disallowance of deduction year, but do not include the ● Interest on which no tax is imposed
for employee compensation in following:
excess of $1 million below). (see section 163(j)).
● Federal income taxes.
● Forgone interest on certain
Complete Schedule E, line 1, ● Foreign or U.S. possession income
columns (a) through (f), for all below-market-rate loans (see section
taxes if a tax credit is claimed 7872).
officers. The cooperative determines (however, see the instructions for
who is an officer under the laws of the ● Original issue discount on certain
Form 5735 for special rules for high yield discount obligations (see
state where it is organized. possession income taxes).
If a consolidated return is filed, section 163(e) to figure the
● Taxes not imposed on the
each member of an affiliated group disqualified portion).
cooperative. Line 19. Charitable contributions.
must furnish this information. ● Taxes, including state or local sales
Disallowance of deduction for Enter contributions or gifts actually
taxes, that are paid or incurred in paid in the tax year to or for the use
employee compensation in excess connection with an acquisition or
of $1 million. Publicly held of charitable and governmental
disposition of property (these taxes organizations described in section
corporations may not deduct must be treated as part of the cost of
compensation to a “covered 170(c) and any unused contributions
the acquired property, or in the case carried over from prior years.
employee” to the extent that the of a disposition, as a reduction in the
compensation exceeds $1 million. Cooperatives reporting taxable
amount realized on the disposition). income on the accrual method may
For details, see section 162(m) and ● Taxes assessed against local
Regulations section 1.162-27. elect to treat as paid during the tax
benefits that increase the value of the year any contributions paid by the
Line 13. Salaries and wages. Enter property assessed (such as for
the amount of salaries and wages 15th day of the 3rd month after the
paving, etc.). end of the tax year if the contributions
paid for the tax year, reduced by: ● Taxes deducted elsewhere on the
● Any work opportunity credit from
were authorized by the board of
return, such as those reflected in cost directors during the current tax year.
Form 5884, of goods sold. Attach a declaration to the return,
Page 9
signed by an officer, stating that the Contributions to organizations Larger deduction. A larger
resolution authorizing the conducting lobbying activities. deduction is allowed for certain
contributions was adopted by the Contributions made to an contributions of:
board of directors during the current organization that conducts lobbying ● Inventory and other property to
tax year. Also, attach a copy of the activities are not deductible if: certain organizations for use in the
resolution. ● The lobbying activities relate to care of the ill, needy, or infants (see
Limitation on deduction. The matters of direct financial interest to section 170(e)(3) and Regulations
total amount claimed may not be the donor's trade or business and section 1.170A-4A);
more than 10% of taxable income ● The principal purpose of the ● Scientific equipment used for
(line 30) computed without regard to contribution was to avoid Federal research to institutions of higher
the following: income tax by obtaining a deduction learning or to certain scientific
● Any deduction for contributions; for activities that would have been research organizations (other than by
● The special deductions on line 29b, nondeductible under the lobbying personal holding companies and
Form 990-C; expense rules if conducted directly by service organizations) (see section
● Any net operating loss (NOL) the donor. 170(e)(4));
carryback to the tax year under Contributions of property other ● Computer technology and

section 172; than cash. If a cooperative equipment to schools.


● Any capital loss carryback to the tax contributes property other than cash Contributions of computer
year under section 1212(a)(1); and and claims over a $500 deduction for technology and equipment to
● The deduction allowed under the property, it must attach a schools. A cooperative may take an
section 249. schedule to the return describing the increased deduction under section
kind of property contributed and the 170(e)(6) for qualified contributions
Carryover. Charitable method used to determine its fair
contributions over the 10% limitation of computer technology or equipment
market value (FMV). Generally, for elementary or secondary school
may not be deducted for the tax year cooperatives must complete and
but may be carried over to the next 5 purposes. A contribution is a
attach Form 8283, Noncash qualified contribution if:
tax years. Charitable Contributions, to their ● It is made to an eligible donee (see
Special rules apply if the returns for all contributions of property
cooperative has an NOL carryover to below);
(other than money) if the total claimed ● Substantially all of the donee
the tax year. In figuring the charitable deduction for all property contributed
contributions deduction for the tax property's use is:
was more than $5,000.
year, the 10% limit is applied using 1. Related to the purpose or
If the cooperative made a “qualified function of the donee,
the taxable income after taking into conservation contribution” under
account any deduction for the NOL. section 170(h), also include the FMV 2. For use within the United
To figure the amount of any of the underlying property before and States, and
remaining NOL carryover to later after the donation, as well as the type 3. For educational purposes in
years, taxable income must be of legal interest contributed, and any grade K–12.
modified (see section 172(b)). To the describe the conservation purpose ● The contribution is made not later
extent that contributions are used to benefited by the donation. than 2 years after the date the
reduce taxable income for this If a contribution carryover was taxpayer acquired or substantially
purpose and increase an NOL included, show the amount and how completed the construction of the
carryover, a contributions carryover is it was determined. property;
not allowed. See section 170(d)(2)(B). ● The original use of the property is
Reduced deduction for
Substantiation requirements. contributions of certain property. by the donor or the donee;
Generally, no deduction is allowed for For a charitable contribution of ● The property is not transferred by
any contribution of $250 or more property, the cooperative must reduce the donee for money, services, or
unless the cooperative gets a written the contribution by the sum of: other property, except for shipping,
acknowledgment from the donee transfer, and installation costs; and
organization that shows the amount 1. The ordinary income and
● The property fits productively into
of cash contributed, describes any short-term capital gain that would
have resulted if the property were the donee's education plan.
property contributed, and gives an
estimate of the value of any goods or sold at its FMV and Eligible donee. The term eligble
services provided in return for the 2. For certain contributions, the donee means:
long-term capital gain that would have ● An educational organization that
contribution. The acknowledgment
must be obtained by the due date resulted if the property were sold at normally maintains a regular faculty
(including extensions) of the its FMV. and curriculum and has a regularly
cooperative's return, or, if earlier, the The reduction for the long-term enrolled body of pupils in attendance
date the return is filed. Do not attach capital gain applies to: at the place where its educational
the acknowledgment to the tax return, ● Contributions of tangible personal activities are regularly conducted or
● A section 501(c)(3) entity organized
but keep it with the cooperative's property for use by an exempt
records. These rules apply in addition organization for a purpose or function primarily for purposes of supporting
to the filing requirements for Form unrelated to the basis for its elementary and secondary education.
8283 described below. exemption, and Note: Contributions of computer
For more information on ● Contributions of any property to or technology or equipment to private
substantiation and recordkeeping for the use of certain private foundations may be treated as
requirements, see the regulations foundations, except for stock, for qualified elementary or secondary
under section 170 and Pub. 526, which market quotations are readily educational contributions if certain
Charitable Contributions. available (section 170(e)(5)). requirements are met. See section
170(e)(6)(C).

Page 10
Line 20. Depreciation. Besides Line 26. Other deductions. ● A bona fide business discussion
depreciation, include on line 20 the Attach a schedule, listing by type must occur during, immediately
part of the cost that the cooperative and amount, all allowable deductions before, or immediately after the meal;
elected to expense under section 179 that are not deductible elsewhere on and
for certain tangible property placed in Form 990-C. ● An employee must be present at
service during tax year 2000 or Examples of amounts to include: the meal.
carried over from 1999. See Form ● Amortization of pollution control See section 274(n)(3) for a special
4562, Depreciation and Amortization, facilities, organization expenses, etc. rule that applies to meal expenses for
and its instructions. See Form 4562. individuals subject to the hours of
Line 22. Depletion. See sections ● Insurance premiums. service limits of the Department of
613 and 613A for percentage ● Legal and professional fees. Transportation.
depletion rates applicable to natural Membership dues. The
● Supplies used and consumed in the
deposits. Also, see section 291 for cooperative may deduct amounts
the limitation on the depletion business.
● Utilities.
paid or incurred for membership dues
deduction for iron ore and coal in civic or public service
(including lignite). ● Ordinary losses from trade or
organizations, professional
Attach Form T (Timber), Forest business activities of a partnership organizations, business leagues,
Activities Schedules, if a deduction for (from Schedule K-1 (Form 1065 or trade associations, chambers of
depletion of timber is taken. 1065-B). Do not offset ordinary losses commerce, boards of trade, and real
Foreign intangible drilling costs and against ordinary income. Instead, estate boards, unless a principal
foreign exploration and development include the income on line 10. If the purpose of the organization is to
costs must either be added to the amount entered is from more than entertain or provide entertainment
cooperative's basis for cost depletion one partnership, identify the amount facilities for members or their guest.
purposes or be deducted ratably over from each partnership. In addition, cooperatives may not
a 10-year period. See sections 263(i), Also see Special rules below for deduct membership dues in any club
616, and 617 for details. limits on certain other deductions. organized for business, pleasure,
Line 24. Pension, profit-sharing, Do not deduct: recreation, or other social purpose.
● Fines or penalties paid to a This includes country clubs, golf and
etc., plans. Enter the deduction for
contributions to qualified pension, government for violating any law. athletic clubs, airline and hotel clubs,
profit-sharing, or other funded ● Any amount that is allocable to a and clubs operated to provide meals
deferred compensation plans. class of exempt income. See section under conditions favorable to
Employers who maintain such a plan 265(b) for exceptions. business discussion.
generally must file one of the forms Special rules apply to the following Entertainment facilities. The
listed below, even if the plan is not a expenses. cooperative cannot deduct an
qualified plan under the Internal Travel, meals, and entertainment. expense paid or incurred for a facility
Revenue Code. The filing Subject to limitations and restrictions (such as a yacht or hunting lodge)
requirement applies even if the discussed below, a cooperative can used for an activity that is usually
cooperative does not claim a deduct ordinary and necessary travel, considered entertainment,
deduction for the current tax year. meals, and entertainment expenses amusement, or recreation.
There are penalties for failure to file paid or incurred in its trade or Note: The cooperative may be able
these forms on time and for business. Also, special rules apply to to deduct the otherwise nondeductible
overstating the pension plan deductions for gifts, skybox rentals, expense if the amount is treated as
deduction. See sections 6652(e) and luxury water travel, convention compensation and reported on Form
6662(f). expenses, and entertainment tickets. W-2 for an employee or on Form
Form 5500, Annual Return/Report of For details, see section 274 and Pub. 1099-MISC for an independent
Employee Benefit Plan. File this form 463. contractor.
for a plan that is not a one-participant Travel. The cooperative cannot Lobbying expenses. Generally,
plan (see below). deduct travel expenses of any lobbying expenses are not deductible.
Form 5500-EZ, Annual Return of individual accompanying a These expenses include:
One-Participant (Owners and Their cooperative officer or employee, ● Amounts paid or incurred in
Spouses) Retirement Plan. File this including a spouse or dependent of connection with influencing Federal
form for a plan that only covers the the officer or employee, unless: or state legislation (but not local
owner (or the owner and his or her ● That individual is an employee of legislation) or
spouse) but only if the owner (or the the cooperative and ● Amounts paid or incurred in
own and his or her spouse) owns the ● His or her travel is for a bona fide connection with any communication
entire business. business purpose and would with certain Federal executive branch
Line 25. Employee benefit otherwise be deductible by that officials in an attempt to influence the
programs. Enter the contributions to individual. official actions or positions of the
employee benefit programs not Meals and entertainment. officials. See Regulations section
claimed elsewhere on the return (e.g., Generally, the cooperative can deduct 1.162-29 for the definition of
insurance, health and welfare only 50% of the amount otherwise “influencing legislation.”
programs, etc.) that are not an allowable for meals and Dues and other similar amounts
incidental part of a pension, entertainment expenses paid or paid to certain tax-exempt
profit-sharing, etc., plan included on incurred in its trade or business. In organizations may not be deductible.
line 24. addition (subject to exceptions under See section 162(e)(3). If certain
section 274(k)(2)): in-house expenditures do not exceed
● Meals must not be lavish or $2,000, they are deductible. For
extravagant; information on contributions to

Page 11
charitable organizations that conduct (see Waiving the carryback period period and instead carry the NOL
lobbying activities, see the on page 13). For exceptions to the forward to years following the year of
instructions for line 19. For more general rule, see Special carryback the loss. To make this election, check
information on lobbying expenses, periods for certain losses on page the box in item 19 on Schedule N.
see section 162(e). 13. Enter on line 29a, the total NOL The return must be timely filed
carryovers from prior tax years, but (including extensions).
Line 28 do not enter more than the
Taxable income before NOL Special carryback periods for
cooperative's taxable income (after certain losses. The regular 2 or
deduction and special deductions special deductions). An NOL 3-year carryback period generally
At-risk rules. Special at-risk rules deduction cannot be taken in a year does not apply to the following losses.
under section 465 generally apply to in which the cooperative has negative ● Specified liability losses,
closely held cooperatives (see taxable income. Attach a schedule including a product liability loss. The
Passive activity limitations on page showing the computation of the NOL part of an NOL that is attributable to
8) engaged in any activity as a trade deduction. Also complete item 20 on a specified liability loss may be
or business or for the production of Schedule N. carried back 10 years. The
income. These cooperatives may For details on the NOL deduction, cooperative may, however, elect to
have to adjust the amount on line 28, see Pub. 536, Net Operating Losses. treat such a loss as if it were not a
Form 990-C. The at-risk rules do not Carryback and carryover rules. To specified liability loss. If the
apply to the following: carry back the loss and obtain a quick corporation makes this election, the
● Holding real property placed in
refund of taxes, use Form 1139, loss carryback period will be 2, 3, or
service by the cooperative before Corporation Application for Tentative 5 years, whichever applies. Make the
1987; Refund. Form 1139 must be filed election by attaching a statement to
● Equipment leasing under sections within 12 months after the close of the a timely filed return including
465(c)(4), (5), and (6); and tax year of the loss. See section 6411 extensions. However, see Exception
● Any qualifying business of a for details. Do not attach Form 1139 below. Also see section 172(b)(1)(C).
qualified cooperative under section to the cooperative's income tax ● Farming losses. An NOL
465(c)(7). return. Mail it in a separate envelope attributable to any farming business
However, the at-risk rules do apply to the service center where the may be carried back 5 years.
to the holding of mineral property. cooperative files its income tax return. However, the cooperative may elect
If the at-risk rules apply, adjust the For carryback claims filed later than to treat the loss as if it were not a
amount on this line for any section 12 months after the close of the tax farming loss. If the cooperative makes
465(d) losses. These losses are year of the loss, file an amended this election, the loss carryback
limited to the amount for which the Form 990-C, instead of Form 1139. period will be 2 or 3 years, whichever
cooperative is at risk for each After the cooperative has applied applies. Make the election by
separate activity at the close of the the NOL to the first tax year to which attaching a statement to a timely filed
tax year. If the cooperative is involved it may be carried, the taxable income return (including extensions,
in one or more activities, any of which of that year is modified (as described however, see Exception ). Also see
incurs a loss for the year, report the in section 172(b)) to determine how section 172(b)(1)(G) and 172(i)
losses for each activity separately. much of the remaining loss may be Exception. If the cooperative timely
Attach Form 6198, At-Risk carried to other years. See section filed its return for the loss year without
Limitations, showing the amount at 172(b) and the related regulations for making the election (see Specified
risk and gross income and deductions details. liability losses or Farming losses
for the activities with the losses. Special NOL rules apply when: above), the cooperative may still
If the cooperative sells or otherwise ● An ownership change occurs (i.e., make the election by filing an
disposes of an asset or its interest the amount of the taxable income of amended return within 6 months of
(either total or partial) in an activity to a loss cooperative that can be offset the due date of the loss year return
which the at-risk rules apply, by pre-change NOL carryovers is (excluding extensions). Attach the
determine the net profit or loss from limited). See section 382 and the election to the amended return and
the activity by combining the gain or related regulations. Also see write “Filed pursuant to section
loss on the sale or disposition with the Temporary Regulations section 301.9100-2” on the election
profit or loss from the activity. If the 1.382-2T(a)(2)(ii), which requires that statement. File the amended return
cooperative has a net loss, it may be a loss cooperative file an information at the same address the original
limited because of the at-risk rules. statement with its income tax return return was filed. Once made, the
Treat any loss from an activity not for each tax year that it is a loss election is irrevocable.
allowed for the tax year as a cooperative and certain shifts in ● Eligible losses.The part of an NOL

deduction allocable to the activity in ownership occurred. Also see that is attributable to an eligible loss
the next tax year. Regulations section 1.382-6(b) for may be carried back 3 years. An
Line 29a. NOL deduction. A details on how to make the “eligible loss” is an NOL attributable
cooperative may use the net closing-of-the-books election. to a Presidentially declared disaster
operating loss (NOL) incurred in 1 tax ● A cooperative acquires control of if, for the tax year in which the NOL
year to reduce its taxable income in another cooperative (or acquires its arose, the cooperative was (a)
another year. Generally, a assets in a reorganization) and the engaged in a farming business or (b)
cooperative may carry an NOL back amount of pre-acquisition losses that a small business that met the gross
to each of the 2 years, preceding the may offset recognized built-in gains is receipts test of section 448(c). An
year of the loss and then carry any limited. See section 384. eligible loss does not include any
remaining amount over to each of the Waiving the carryback period. A farming loss or specified liability loss
20 years (15 years for NOLs incurred cooperative may make an irrevocable described above.
in tax years beginning before August ●
election to forego the carryback
6, 1997), following the year of the loss
Page 12
Line 30. Taxable income. For and 32h, and write “backup goods or merchandise are sold (or, if
cooperatives required to file Form withholding.” later, the year the cooperative paid for
8817, taxable income reported on line Line 33. Estimated tax penalty. A the raw materials or merchandise).
30 may not exceed the combined cooperative that does not make Enter amounts paid for all raw
taxable income shown on line 30, estimated tax payments when due materials and merchandise during the
Form 8817. Attach Form 8817 to the may be subject to an underpayment tax year on line 2. The amount the
cooperative's tax return. See Form penalty for the period of cooperative can deduct for the tax
8817 for more details. underpayment. Generally, a year is figured on line 9.
Patronage source losses cooperative is subject to the penalty If the cooperative wants to change
if its tax liability is $500 or more and to the cash method of accounting, it
! cannot be used to offset
CAUTION nonpatronage income. See
it did not timely pay the smaller of: must file Form 3115. It may also have
section 1388(j) for more information . ● Its tax liability for 2000 or to make an adjustment to prevent
● Its prior year's tax. See section amounts of income or expense from
Line 32b. Estimated tax payments. being duplicated or omitted. This is
Enter any estimated tax payments the 6655 for details and exceptions
including special rules for large called a section 481(a) adjustment,
cooperative made for the tax year. which is taken into account over a
Beneficiaries of trusts. If the cooperatives.
Use Form 2220, Underpayment of period not to exceed 4 years. For
cooperative is the beneficiary of a example, if the cooperative accrued
trust, and the trust makes a section Estimated Tax by Corporations, to
see if the cooperative owes a penalty sales in 1999 for which it received
643(g) election to credit its estimated payment in 2000, it must report those
tax payments to its beneficiaries, and to figure the amount of the
penalty. Generally, the cooperative sales in both years as a result of
include the cooperative's share of the changing its accounting method and
estimated tax payment in the total does not have to file this form
because the IRS can figure the will make a section 481(a) adjustment
amount entered on line 32b. Write to prevent duplication of income. See
“T” and the amount of the payment in amount of any penalty and bill the
cooperative for it. However, even if Rev. Proc. 99-49, 1999-52 I.R.B. 725,
the blank space to the right of the to figure the amount of this
entry space. the cooperative does not owe the
penalty you must complete and attach adjustment for the tax year. Include
Line 32f. Credit from refiguring tax any positive section 481(a)
for years in which nonqualified Form 2220 if:
● The annualized income or adjusted
adjustment on page 1, line 10. If the
per-unit retain certificates or section 481(a) adjustment is negative,
nonqualified written notices of seasonal installment method is used, report it on line 26.
allocation (redeemed this year) or
● The cooperative is a large
For eligibility requirements and
were issued. If the cooperative paid further details on changing to the
less total tax by not claiming the cooperative computing its first cash method of accounting, see Pub.
deduction for the redemption of required installment based on the 553.
nonqualified written notices of prior year's tax. (See the Form 2220
instructions for the definition of a All filers not using the cash method
allocation or nonqualified per-unit of accounting should see Section
retain certificates in the current tax large corporation.)
263A uniform capitalization rules
year, and instead the cooperative If you attach Form 2220, check the on page 8 before completing
refigured the tax for the years the box on line 33, and enter the amount Schedule A.
nonqualified written notices or of any penalty on this line.
certificates were originally issued, Line 1. Inventory at Beginning of
enter the amount of the reduction in Year. If the cooperative is changing
the issue years' taxes on this line. Schedule A its method of accounting from accrual
Attach a schedule showing how the to cash for the current tax year and it
credit was figured. This credit is Cost of Goods Sold does not want to account for
treated as a payment, and any inventories, it must refigure last year's
Generally, inventories are required at closing inventory using the cash
amount that is more than the tax on the beginning and end of each tax
line 31 will be refunded. method and enter the result on line
year if the production, purchase, or 1. If there is a difference between the
Line 32g. Credit for federal tax on sale of merchandise is an closing inventory and the refigured
fuels. Complete Form 4136, Credit income-producing factor. See amount, attach an explanation and
for Federal Tax Paid on Fuels, if the Regulations section 1.471-1. take it into account when figuring the
cooperative qualifies to take this However, if a cooperative's average cooperative's section 481(a)
credit. See Assembling the Return annual gross receipts for the 3 prior adjustment (explained above).
on page 6. tax years are $1 million or less and Line 4a. Qualified per-unit retain
Line 32h. Total payments. Add the the cooperative is an eligible taxpayer certificates are issued to patrons who
amounts on lines 32d through 32g that adopts or changes to the cash have agreed to include the stated
and enter the total on line 32h. method of accounting, it will not be dollar amount in current income.
Backup withholding. If the required to account for inventories. If Line 5. Enter the amount paid in
cooperative had income tax withheld the cooperative is not required to money or other property (except
from any payments it received, account for inventories and does not per-unit retain certificates) to patrons
because, for example, it failed to give want to do so, it must treat inventory to redeem nonqualified per-unit retain
the payer its correct EIN, include the in the same manner as costs of certificates. If a per-unit retain
amount withheld in the total for line materials and supplies that are not certificate does not qualify, no
32h. This type of withholding is called incidental. Under this rule, inventory deduction is allowable at the time it is
backup withholding. Show the amount costs for raw materials purchased for issued. However, the cooperative
withheld in the blank space in the use in producing finish goods and may take a deduction or a refund of
right-hand column between lines 31 merchandise purchased for resale are tax when the nonqualified per-unit
deductible in the year the finished retain certificate is finally redeemed,
Page 13
provided that the nonqualified per-unit Lines 10a through 10f Application To Use LIFO Inventory
retain certificate was paid as a Inventory valuation methods. Method, or a statement with the
per-unit retain allocation during the Inventories can be valued at: information required by Form 970.
payment period for the tax year ● Cost,
Also check the LIFO box on line 10c.
during which the marketing occurred. On line 10d, enter the amount or the
● Cost or market value (whichever is
The deduction is allowed only for percent of total closing inventories
amounts paid in money or other lower), or covered under section 472. Estimates
property (other than per-unit retain ● Any other method approved by the are acceptable.
certificates) that are not more than IRS that conforms to the If the cooperative changed or
the stated dollar amount of the requirements of the applicable extended its inventory to LIFO and
nonqualified per-unit retain certificate. regulations cited below. had to write up its opening inventory
See section 1382(b). However, the cooperative is to cost in the year of election, report
See section 1383 and the required to use cost if it is using the the effect of this writeup as income
instructions for line 32f for a special cash method of accounting. (line 10, page 1) proportionately over
rule for figuring the cooperative's tax Producers whose average annual a 3-year period that begins with the
in the year of redemption of a gross recipts are $1 million or less year of the LIFO election (section
nonqualified per-unit retain certificate. that use the cash method of 472(d)).
Line 6a. An entry is required on this accounting and choose not to account For more information on inventory
line only for cooperatives electing a for inventories may currently deduct valuation methods, see Pub. 538,
simplified method of accounting. expenditures for direct labor and all Accounting Periods and Methods.
For cooperatives that have elected indirect costs that would otherwise be
the simplified production method, included in inventory costs.
additional section 263A costs are The average cost (rolling average) Schedule C
generally those costs, other than method of valuing inventories
interest, that were not capitalized generally does not conform to the Dividends and Special
under the cooperative's method of requirements of the regulations. See Deductions
accounting immediately prior to the Rev. Rul. 71-234, 1971-1 C.B. 148. For purposes of the 20% ownership
effective date of section 263A that are Cooperatives that use erroneous test on lines 1 through 7, the
now required to be capitalized under valuation methods must change to a percentage of stock owned by the
section 263A. For details, see method permitted for Federal income cooperative is based on voting power
Regulations section 1.263A-2(b). tax purposes. To make this change, and value of the common stock.
For cooperatives that have elected use Form 3115. Preferred stock described in section
the simplified resale method, On line 10a, check the method(s) 1504(a)(4) is not taken into account.
additional section 263A costs are used for valuing inventories. Under Cooperatives filing a consolidated
generally those costs incurred with lower of cost or market, the term return should see Regulations
respect to the following categories: “market” (for normal goods) means sections 1.1502-13, 1.1502-26, and
● Off-site storage or warehousing; the current bid price prevailing on the 1.1502-27 before completing
● Purchasing; inventory valuation date for the Schedule C.
● Handling, such as processing,
particular merchandise in the volume Line 1, Column (a). Enter dividends
assembly, repackaging, and usually purchased by the taxpayer. (except those received on
transporting; For a manufacturer, market applies to debt-financed stock acquired after
● General and administrative costs
the basic elements of cost—raw July 18, 1984—see section 246A)
materials, labor, and burden. If that:
(mixed service costs). section 263A applies to the taxpayer,
For details, see Regulations section ● Are received from
the basic elements of cost must less-than-20%-owned domestic
1.263A-3(d). reflect the current bid price of all
Enter on line 6a the balance of corporations subject to income tax
direct costs and all indirect costs and
section 263A costs paid or incurred properly allocable to goods on hand
during the tax year not includable on ● Qualify for the 70% deduction
at the inventory date.
lines 2, 3, and 6b. under section 243(a)(1).
Inventory may be valued below cost
Line 6b. Enter on line 6b any costs when the merchandise is unsalable Also include on line 1:
paid or incurred during the tax year at normal prices or unsalable in the ● Taxable distributions from an
not entered on lines 2 through 6a. normal way because the goods are IC-DISC or former DISC that are
Line 8. See Regulations sections subnormal due to damage, designated as eligible for the 70%
1.263A-1 through 1.263A-3 for details imperfections, shop wear, etc., within deduction and certain dividends of
on figuring the amount of additional the meaning of Regulations section Federal Home Loan Banks. See
section 263A costs to be included in 1.471-2(c). The goods may be valued section 246(a)(2).
ending inventory. If the cooperative is at a current bona fide selling price, ● Dividends (except those received
using the cash method of accounting minus direct cost of disposition (but on debt-financed stock acquired after
and it does not want to account for not less than scrap value) if such a July 18, 1984) from a regulated
inventories, enter on line 8 the portion price can be established. investment company (RIC). The
of its raw materials and merchandise If this is the first year the Last-in, amount of dividends eligible for the
purchased for resale that are included First-out (LIFO) inventory method was dividends-received deduction under
on line 7 and were not sold during the either adopted or extended to section 243 is limited by section
year. inventory goods not previously valued 854(b). The cooperative should
under the LIFO method provided for receive a notice from the RIC
in section 472, attach Form 970, specifying the amount of dividends
that qualify for the deduction.

Page 14
Report so-called dividends or allowed the deduction provided in
earnings received from mutual section 247 for dividends paid. Worksheet for Schedule C, line 9
savings banks, etc., as interest. Do Line 6, Column (a). Enter the (keep for your records)
not treat them as dividends. U.S.-source portion of dividends that: 1. Refigure line 28, page 1, Form 990-C,
Line 2, Column (a). Enter on line 2: ● Are received from without any adjustment under section
● Dividends (except those received 1059 and without any capital loss
less-than-20%-owned foreign carryback to the tax year under
on debt-financed stock acquired after corporations and section 1212(a)(1) ..............................
July 18, 1984) that are received from 2. Complete lines 10 and 11, column (c)
● Qualify for the 70% deduction
and enter the total here......................
20%-or-more-owned domestic under section 245(a). 3. Subtract line 2 from line 1 ..................
corporations subject to income tax 4. Multiply line 3 by 80% ........................
To qualify for the 70% deduction, the 5. Add lines 2, 5, 7, and 8, column (c)
and that are subject to the 80% cooperative must own at least 10% and the portion of the deduction on
deduction under section 243(c) and line 3, column (c) that is attributable
of the stock of the foreign corporation to dividends received from
● Taxable distributions from an by vote and value. 20%-or-more-owned corporations ......
6. Enter the smaller of line 4 or line 5.
IC-DISC or former DISC that are Also include dividends received If line 5 is greater than line 4, stop
considered eligible for the 80% from a less-than-20%-owned FSC here; enter the amount from line 6 on
line 9, column (c). Do not complete
deduction. that: the rest of this worksheet
Line 3, Column (a). Enter dividends ● Are attributable to income treated 7. Enter the total amount of dividends
received from 20%-or-more-owned
that are: as effectively connected with the corporations that are included on
● Received on debt-financed stock conduct of a trade or business within lines 2, 3, 5, 7, and 8, column (a)......
8. Subtract line 7 from line 3 ..................
acquired after July 18, 1984, that are the United States (excluding foreign 9. Multiply line 8 by 70% ........................
received from domestic and foreign trade income) and 10. Subtract line 5 from line 9, column (c).
11. Enter the smaller of line 9 or line 10..
corporations subject to income tax ● Qualify for the 70% deduction 12. Dividends-received deduction after
and that would otherwise be subject limitation (section 246(b)). Add lines
provided in section 245(c)(1)(B). 6 and 11. Enter the result here and
to the dividends-received deduction Line 7, Column (a). Enter the on line 9, column (c)...........................
under sections 243(a)(1), 243(c), or U.S.-source portion of dividends that
245(a). Generally, debt-financed Line 10, Column (a). Enter
are received from dividends from FSCs that are
stock is stock that the cooperative 20%-or-more-owned foreign
acquired by incurring a debt (e.g., it attributable to foreign trade income
corporations and that qualify for the and that are eligible for the 100%
borrowed money to buy the stock). 80% deduction under section 245(a).
● Received from a regulated
deduction provided in section
Also include dividends received from 245(c)(1)(A).
investment company (RIC) on a 20%-or-more-owned FSC that:
debt-financed stock. The amount of Line 11, Columns (a) and (c). Enter
● Are attributable to income treated
dividends eligible for the only those dividends that qualify
as effectively connected with the under section 243(b) for the 100%
dividends-received deduction is conduct of a trade or business within
limited by section 854(b). The dividends-received deduction
the United States (excluding foreign described in section 243(a)(3).
cooperative should receive a notice trade income) and
from the RIC specifying the amount Cooperatives taking this deduction
● Qualify for the 80% deduction
of dividends that qualify for the are subject to the provisions of
provided in section 245(c)(1)(B). section 1561.
deduction.
Line 8, Column (a). Enter dividends Note: The 100% deduction does not
Line 3, Columns (b) and (c). that are received from wholly owned
Dividends received on debt-financed apply to affiliated group members that
foreign subsidiaries and that are are joining in the filing of a
stock acquired after July 18, 1984, eligible for the 100% deduction
are not entitled to the full 70% or 80% consolidated return.
provided in section 245(b). Line 12, Column (a). Enter foreign
dividends-received deduction. The
70% or 80% deduction is reduced by In general, the deduction under dividends not reportable on lines 3,
a percentage that is related to the section 245(b) applies to dividends 6, 7, 8, or 10 of column (a). Include
amount of debt incurred to acquire paid out of the earnings and profits on line 12 the cooperative's share of
the stock. See section 246A. Also see of a foreign corporation for a tax year the ordinary earnings of a qualified
section 245(a) before making this during which: electing fund from Form 8621, Return
● All of its outstanding stock is owned by a Shareholder of a Passive
computation for an additional
limitation that applies to dividends (directly or indirectly) by the domestic Foreign Investment Company or
received from foreign corporations. cooperative receiving the dividends Qualified Electing Fund, line 6c.
Attach a schedule to Form 990-C and Line 13, Column (a). Include income
● All of its gross income from all constructively received from
showing how the amount on line 3,
column (c), was figured. sources is effectively connected with controlled foreign corporations under
Line 4, Column (a). Enter dividends the conduct of a trade or business subpart F. This amount should equal
received on the preferred stock of a within the United States. the total of amounts reported on
less-than-20%-owned public utility Line 9, Column (c)—Limitation on Schedule I, Form 5471.
that is subject to income tax and is dividends-received deduction. Line 14, Column (a). Include
allowed the deduction provided in Generally, line 9, column (c) may not gross-up for taxes deemed paid
section 247 for dividends paid. exceed the amount from the under sections 902 and 960.
Line 5, Column (a). Enter dividends worksheet below. However, in a year Line 15, Column (a). Enter taxable
received on preferred stock of a in which an NOL occurs, this distributions from an IC-DISC or
20%-or-more-owned public utility that limitation does not apply even if the former DISC that are designated as
is subject to income tax and is loss is created by the not eligible for a dividends-received
dividends-received deduction. See deduction.
sections 172(d) and 246(b).

Page 15
No deduction is allowed under section 381(a) transaction. See marketed under a pooling
section 243 for a dividend from an section 1388(j) for more information. arrangement, or if earnings are
IC-DISC or former DISC (as defined Cooperatives may net earnings and includible in the gross income of the
in section 992(a)) to the extent the losses under section 1388(j) and still cooperative for a tax year after the
dividend: be eligible for tax-exempt treatment. year in which the patronage occurred.
1. Is paid out of the cooperative's See section 521(b)(6). Patronage dividends include any
accumulated IC-DISC income or Note: Lines 1 and 2 apply only to amount paid to a patron by a
previously taxed income or section 521 cooperatives. cooperative based on the quality or
2. Is a deemed distribution under Line 1. Enter the amount actually or value of business done with or for that
section 995(b)(1). constructively paid as dividends patron under a pre-existing obligation
Line 16, Column (a). Include the during the tax year on: of the cooperative to pay that amount.
following: ● Common stock (whether voting or The amount is determined by
1. Dividends (other than capital nonvoting), reference to the net earnings of the
gain dividends and exempt-interest ● Preferred stock, organization from business done with
dividends) that are received from ● Capital retain certificates,
or for its patrons.
RICs that are not subject to the 70% ● Revolving fund certificates,
Patronage dividends may be in:
deduction. ● Money,
● Letters of advice, or
2. Dividends from tax-exempt ● Qualified written notices of
● Other documentary evidence of a
organizations. proprietary interest in the cooperative allocation, or
3. Dividends (other than capital ● Other property (except nonqualified
association.
gain dividends) received from a REIT See Regulations section written notices of allocation).
that, for the tax year of the trust in 1.1382-3(b) for more information. A written notice of allocation
which the dividends are paid, qualifies means:
under sections 856 through 860. Line 2. Enter amounts paid on a
● Any capital stock,
patronage basis to patrons from
4. Dividends not eligible for a nonpatronage income. Payment may ● Revolving fund certificate,
dividends-received deduction be in: ● Retain certificate,
because of the holding period of the ● Money, ● Certificate of indebtedness,
stock or an obligation to make
● Qualified written notices of ● Letter of advice, or
corresponding payments with respect
to similar stock. allocation, or ● Other written notice, which states

Two situations in which the ● Other property (except nonqualified the dollar amount allocated to the
dividends-received deduction will not written notices of allocation). patron by the cooperative and the
be allowed on any share of stock are: The amounts must be paid during part, if any, which is a patronage
● If the cooperative held it for less the payment period that begins on the dividend.
than 46 days during the 90-day period first day of the tax year and ends on In general, a qualified written
beginning 45 days before the stock the 15th day of the 9th month after notice of allocation is a written
became ex-dividend with respect to the end of the tax year in which the notice of allocation that is:
the dividend (see section income was earned. ● Paid as part of a patronage

246(c)(1)(A)) or Nonpatronage income includes dividend in money or by qualified


● To the extent the cooperative is incidental income from sources not check equal to at least 20% of the
under an obligation to make related directly related to: patronage dividend and
● Marketing, ● One of the following conditions is
payments for substantially similar or
related property. ● Purchasing, met.
5. Any other taxable dividend ● Service activities of the cooperative 1. The patron must have at least
income not properly reported above (such as income from the lease of 90 days from the date the written
(including distributions under section premises, investments, or from the notice of allocation is paid to redeem
936(h)(4)). sale or exchange of capital assets), it in cash, and must receive written
or notice of the right of redemption at the
● Income from business done with or time the patron receives the
Schedule H for the U.S. Government, or any of its allocation; or
agencies. 2. The patron must agree to have
Deductions and Adjustments See Patronage dividends below the allocation treated as
Under Section 1382 for a definition of “qualified written constructively received and
Cooperatives may, under section notice of allocation.” See section reinvested in the cooperative. See
1388(j)(1), use losses from one or 1382(c)(2)(B) for deductibility of section 1388(c)(2) and related
more allocation units to offset amounts paid in redemption of regulations for information on how the
earnings of one or more other nonqualified written notices of consent must be made.
allocations, as permitted by their allocation. If a written notice of allocation does
bylaws, but only to the extent that the Line 3. To be deductible, patronage not qualify, no deduction is allowable
earnings and losses are from dividends must be paid during the at the time it is issued. However, the
business done with or for patrons. If payment period that begins on the cooperative is entitled to a deduction
a cooperative exercises this option, it first day of the tax year in which the or refund of tax when the nonqualified
must provide the information specified patronage occurs and ends on the written notice of allocation is finally
in section 1388(j)(3) by written notice 15th day of the 9th month after the redeemed, if that notice was paid as
to its patrons. end of that tax year. a patronage dividend during the
Special rules also apply if a See sections 1382(e) and (f) for payment period for the tax year
cooperative has acquired the assets special rules for the time when during which the patronage occurred.
of another cooperative under a patronage occurs if products are The deduction or refund is allowed,

Page 16
but only to the extent that amounts Lines 1 and 2
paid to redeem the nonqualified Tax Computation Worksheet for
Members of a controlled group. A Members of a Controlled Group
written notice of allocation are paid in member of a controlled group, as
money or other property (other than (keep for your records)
defined in section 1563, must check
written notices of allocation). They the box on line 1 and complete lines Note: Each member of a controlled group must
cannot be more than the stated dollar 2a and 2b of Schedule J. compute the tax using this worksheet.
amounts of the nonqualified written 1. Enter taxable income (line 30, page
Line 2a. Members of a controlled
notice of allocation. See section 1).........................................................
group are entitled to share one
1382(b) and related regulations. 2. Enter line 1 or the cooperative's share
$50,000, one $25,000, and one of the $50,000 taxable income
See Rev. Rul. 81-103, 1981-1 C.B. $9,925,000 taxable income bracket bracket, whichever is less ..................
447, for the redemption of amount (in that order) on line 2a. 3. Subtract line 2 from line 1 ..................
nonqualified written notices of 4. Enter line 3 or the cooperative's share
When a controlled group adopts or
allocation issued to patrons by a of the $25,000 taxable income
later amends an apportionment plan, bracket, whichever is less ..................
payment of cash and a crediting of
each member must attach to its tax 5. Subtract line 4 from line 3 ..................
accounts receivable due from
return a copy of its consent to this 6. Enter line 5 or the cooperative's share
patrons. of the $9,925,000 taxable income
plan.
Note: See section 1383 for special bracket, whichever is less ..................
The copy (or an attached
rules for figuring the cooperative's tax 7. Subtract line 6 from line 5 ..................
statement) must show the part of the
in the year nonqualified written 8. Multiply line 2 by 15% ........................
amount in each taxable income
notices of allocation are redeemed. 9. Multiply line 4 by 25% ........................
bracket apportioned to that member.
The cooperative is entitled to: 10. Multiply line 6 by 34% ........................
See Regulations section 1.1561-3(b) 11. Multiply line 7 by 35% ........................
(a) A deduction in the tax year the for other requirements and for the
nonqualified written notices of time and manner of making the
12. If the taxable income of the controlled
group exceeds $100,000, enter this
allocation are redeemed (if permitted consent. member's share of the smaller of: 5%
under section 1382(b)(2) or (4) or of the taxable income in excess of
section 1382(c)(2)(B)) or Equal apportionment plan. If no $100,000, or $11,750. See
Instructions for line 2b below..........
apportionment plan is adopted,
(b) A tax credit based on a members of a controlled group must 13. If the taxable income of the controlled
recomputation of tax for the year(s) group exceeds $15 million, enter this
divide the amount in each taxable member's share of the smaller of: 3%
the nonqualified written notices of income bracket equally among of the taxable income in excess of
allocation were issued. See $15 million, or $100,000. See
themselves. For example, controlled Instructions for line 2b below..........
instructions for line 32f. group AB consists of Cooperative A 14. Add lines 8 through 13. Enter here
Amounts paid to patrons are not and Cooperative B. They do not elect and on Schedule J, line 3. .................
patronage dividends if they are paid: an apportionment plan. Therefore, Line 2b. Members of a controlled
1. Out of earnings not from each cooperative is entitled to: group are treated as one group to
business done with or for patrons; ● $25,000 (one-half of $50,000) on figure the applicability of the
2. Out of earnings from business line 2a(1), additional 5% tax and the additional
done with or for other patrons to ● $12,500 (one-half of $25,000) on 3% tax. If an additional tax applies,
whom no amounts or smaller line 2a(2), and each member will pay that tax based
amounts are paid for substantially ● $4,962,500 (one-half of on the part of the amount used in
identical transactions; $9,925,000) on line 2a(3). each taxable income bracket to
3. To redeem capital stock, Unequal apportionment plan. reduce that member's tax. See
certificates of indebtedness, revolving Members of a controlled group may section 1561(a). If an additional tax
fund certificates, retain certificates, elect an unequal apportionment plan applies, attach a schedule showing
letters of advice, or other similar and divide the taxable income the taxable income of the entire group
documents; or brackets as they want. There is no and how the cooperative figured its
4. Without reference to the net need for consistency among taxable share of the additional tax.
earnings of the cooperative income brackets. Any member may Line 2b(1). Enter the cooperative's
organization from business done with be entitled to all, some, or none of the share of the additional 5% tax on line
or for its patrons. taxable income bracket. However, the 2b(1).
total amount for all members cannot Line 2b(2). Enter the cooperative's
be more than the total amount in each share of the additional 3% tax on line
Schedule J taxable income bracket. 2b(2).
Tax Computation Line 3
Note: Members of a controlled group Most cooperatives figure their tax by
must attach a statement showing the using the Tax Rate Schedule below.
computation of the tax entered on line Exceptions apply to members of a
3. controlled group (see the worksheet
above). See the instructions below for
more information.

Page 17
if the cooperative had only 1 prior tax through to the patrons. These credits
Tax Rate Schedule year). cannot be carried back or over by the
If taxable income on line 30, page 1, For more details, see the cooperative. See Forms 3468, 5884,
Form 990-C is: Instructions for Form 4626. 8844, 8845, and 8861 for details.
Line 6a. Foreign tax credit. To find Form 3468, Investment Credit.
Of the
But not amount out when a cooperative can take the Form 5884, Work Opportunity
Over— over— Tax is: over— credit for payment of income tax to a Credit.
$0 $50,000 15% $0 foreign country or U.S. possession, Form 6478, Credit for Alcohol Used
50,000 75,000 $ 7,500 + 25% 50,000 see Form 1118, Foreign Tax Credit— as Fuel.
75,000 100,000 13,750 + 34% 75,000
100,000 335,000 22,250 + 39% 100,000 Corporations. Form 6765, Credit for Increasing
335,000 10,000,000 113,900 + 34% 335,000
10,000,000 15,000,000 3,400,000 + 35% 10,000,000 Line 6b—Other credits Research Activities.
15,000,000 18,333,333 5,150,000 + 38% 15,000,000 Form 8586, Low-income Housing
18,333,333 ----- 35% 0 Possessions tax credit. The Small Credit.
Deferred tax under section 1291. Business Job Protection Act of 1996
repealed the possessions credit. Form 8820, Orphan Drug Credit.
If the cooperative was a shareholder Form 8826, Disabled Access
in a passive foreign investment However, existing credit claimants
may qualify for a credit under the Credit.
company (PFIC), and the cooperative Form 8830, Enhanced Oil
received an excess distribution or transitional rules. Get Form 5735,
Possessions Tax Credit (Under Recovery Credit.
disposed of its investment in the PFIC Form 8835, Renewable Electricity
during the year, it must include the Sections 936 and 30A).
Nonconventional source fuel Production Credit.
total increase in taxes due under
section 1291(c)(2) in the amount credit. A credit is allowed for the sale Form 8844, Empowerment Zone
entered on line 3, Schedule J. On the of qualified fuels produced from a Employment Credit.
dotted line next to line 3, Schedule J, nonconventional source. Section 29 Note: Although the empowerment
write “Section 1291” and the amount. contains a definition of qualified fuels, zone employment credit is a
Do not include on line 3 any interest provisions for figuring the credit, and component of the general business
due under section 1291(c)(3). other special rules. Attach a separate credit, it is figured separately and is
Instead, show the amount of interest schedule to the return showing the not carried to Form 3800.
owed in the bottom margin of page computation of the credit. Form 8845, Indian Employment
1, Form 990-C, and write “Section Qualified electric vehicle (QEV) Credit.
1291 interest.” For details, see Form credit. Include on line 6b any credit Form 8846, Credit for Employer
8621. from Form 8834, Qualified Electric Social Security and Medicare Taxes
Line 4. Alternative minimum tax. Vehicle Credit. Vehicles that qualify Paid on Certain Employee Tips.
Unless the cooperative is treated as for this credit are not eligible for the Form 8847, Credit for Contributions
a small corporation exempt from deduction for clean-fuel vehicles to Selected Community Development
alternative minimum tax (AMT), it may under section 179A. Corporations.
owe AMT if it has any of the Line 6c. General business credit. Form 8861, Welfare-to-Work
adjustments and tax preference items Complete this line if the cooperative Credit.
listed on Form 4626, Alternative can take any of the following credits. Line 6d. Credit for prior year
Minimum Tax—Corporations. The Complete Form 3800, General minimum tax. To figure the
cooperative must file Form 4626 if its Business Credit, if the cooperative minimum tax credit and any
taxable income (loss) combined with has two or more of these credits carryforward of that credit, use Form
these adjustments and tax preference (other than the empowerment zone 8827, Credit for Prior Year Minimum
items is more than the smaller of: employment credit), general credits Tax— Corporations.
● $40,000 or
from an electing large partnership, a
general business credit carryforward Also see Form 8827 if any of the
● The cooperative's allowable
or carryback (other than the cooperative's 1999 nonconventional
exemption amount (from Form 4626). empowerment zone employment source fuel credit, orphan drug credit,
For this purpose, taxable income credit), a trans-Alaska pipeline liability or qualified electric vehicle credit was
does not include the NOL deduction. fund credit, or a passive activity credit disallowed solely because of the
Get Form 4626 for details. (other than the low-income housing tentative minimum tax limitation. See
Exemption for small credit or the empowerment zone section 53(d).
corporations. A cooperative is employment credit). Enter the Line 9—Recapture Taxes
treated as a small corporation exempt amount of the general business credit
from the AMT for its tax year on line 6c, and check the box for Recapture of investment credit. If
beginning in 2000 if that year is the Form 3800. the cooperative disposed of
cooperative's first tax year in investment credit property or changed
If the cooperative has only one its use before the end of its useful life
existence (regardless of its gross credit, enter on line 6c, the amount
receipts) or: or recovery period, see Form 4255,
of the credit from the form. Also be Recapture of Investment Credit, for
1. It was treated as a small sure to check the appropriate box for
corporation exempt from the AMT for details.
that form.
all prior tax years beginning after Recapture of low-income housing
Note: Any excess energy investment credit. If the cooperative disposed
1997 and credit, work opportunity credit, Indian
2. Its average annual gross of property (or there was a reduction
employment credit, empowerment in the qualified basis of the property)
receipts for the 3-tax-year period (or zone credit, employment credit, or
portion thereof during which the for which it took the low-income
welfare-to-work credit not used by the housing credit, see Form 8611,
cooperative was in existence) ending cooperative (because of the tax
before its tax year beginning in 2000 Recapture of Low-Income Housing
liability limitation) must be passed Credit.
did not exceed $7.5 million ($5 million
Page 18
Recapture of qualified electric find out how to report the amount and ● The part of luxury water travel not
vehicle (QEV) credit. The what to write on Schedule J, line 10. allowed under section 274(m).
cooperative must recapture part of ● Expenses for travel as a form of
the QEV credit it claimed in a prior education.
year, if, within 3 years of the date the Schedule L ● Other expenses for travel and
vehicle was placed in service, it entertainment not allowed as a
ceases to qualify for the credit. See Balance Sheets per Books deduction.
Regulations section 1.30-1 for details The balance sheet should agree with For more information, see Pub.
on how to figure the recapture. the cooperative's books and records. 542.
Include the amount of the recapture Include certificates of deposit as cash
in the total for line 9, Schedule J. To Line 7. Tax-exempt interest.
on line 1, Schedule L. Include as interest on line 7, any
the left of the line 9 entry space, write Line 5. Tax-exempt securities.
“QEV recapture” and the amount. tax-exempt dividends received as a
Include on this line: shareholder in a mutual fund or other
Recapture of Indian employment 1. State and local government RIC.
credit. Generally, if an employer obligations, the interest on which is
terminates the employment of a excludable from gross income under
qualified employee less than 1 year section 103(a) and Schedule N
after the date of initial employment,
any Indian employment credit allowed 2. Stock in a mutual fund or other
RIC that distributed exempt-interest Other Information
for a prior tax year by reason of
wages paid or incurred to that dividends during the tax year of the The following instructions apply to
employee must be recaptured. For cooperative. items 1 through 20 on Form 990-C,
details, see Form 8845, and section Line 24. Adjustments to page 5, Schedule N. Be sure to
45A. Include the amount of the shareholders' equity. Some complete all the items that apply to
recapture in the total for line 9, examples of adjustments to report on the cooperative.
Schedule J. On the dotted line next this line include:
● Unrealized gains and losses on
Question 13
to the entry space, write “45A” and
the amount. securities held “available for sale.” Foreign financial account. Check
Line 10. Total Tax. Other tax and ● Foreign currency translation the “Yes” box if either 1 or 2 below
interest amounts may be included in adjustments. applies to the cooperative. Otherwise,
or subtracted from the total tax ● The excess of additional pension check the “No” box.
reported on line 10. liability over unrecognized prior 1. At any time during the 2000
Include in the total for line 10: service cost. calendar year the cooperative had an
● Guarantees of employees stock interest in or signature or other
● Interest on deferred tax attributable
(ESOP) debt. authority over a bank, securities, or
to certain nondealer installment other financial account in a foreign
obligations (section 453A(c)), ● Compensation related to employee
country (see Form TD F 90–22.1,
● Interest on deferred tax on stock award plans.
Report of Foreign Bank and Financial
installment sales of certain If the total adjustment to be entered Accounts); and
timeshares and residential lots on line 24 is a negative amount, enter ● The combined value of the
(section 453(l)(3)), the amount in parentheses.
accounts was more than $10,000 at
● Interest due on deferred gain under
any time during the calendar year and
section 1260(b), and ● The account was not with a U.S.
● For shareholders in qualified
Schedule M-1 military banking facility operated by a
electing funds, deferred tax due upon U.S. financial institution.
the termination of a section 1294 Reconciliation of Income (Loss)
per Books With Income per 2. The cooperative owns more
election (see Form 8621, Part IV). than 50% of the stock in any
Subtract from the total for line10 Return
corporation that would answer “Yes”
the deferred tax on the cooperative's Line 5c. Travel and entertainment. to item 1 above.
shares of the undistributed earnings Include on line 5c any of the If “Yes” is checked for this question:
of a qualified electing fund (see Form following: ● Enter the name(s) of the foreign
8621, Part II). ● 50% of meals and entertainment
country or countries. Attach a
How to report. Attach a schedule not allowed under section 274(n). separate sheet if more space is
showing your computation of each ● Expenses for the use of an
needed
item included in or subtracted from entertainment facility. ● File Form TD F 90-22.1 by June
the total for line 10. On the dotted line ● The part of business gifts over $25.
30, 2001, with the Department of the
next to line 10, enter the amount of ● Expenses of an individual in excess Treasury at the address shown on the
tax or interest and: of $2,000, which are allocable to form. Do not file it with Form 990-C.
● Identify it as tax or interest. conventions on cruise ships. You can order Form TD F 90-22.1
● Specify the code section that ● Employee achievement awards by calling 1-800-TAX-FORM
applies. over $400. (1-800-829-3676) or you can
Example. To show $50 of interest ● The cost of entertainment tickets download it from the IRS Web Site at
due on deferred tax on the installment over their face value (also subject to www.irs.gov.
sale of a timeshare, enter “Sec. 50% disallowance under section .
453(I)(3) interest – $50.” 274(n)).
If you figured the tax or interest ● The cost of skyboxes over the face Question 14
using another form (e.g., Form 8621), value of nonluxury box seat tickets. The cooperative may be required to
see the instructions for that form to file Form 3520, Annual Return To
Report Transactions with Foreign
Page 19
Trusts and Receipt of Certain Foreign 80% of the total voting power and at Item 20
Gifts, if: least 80% of the total value of the Enter the amount of the net operating
● It directly or indirectly transferred stock of at least one of the other loss (NOL) carryover to the tax year
money or property to a foreign trust. includible corporations. from prior years, even if some of the
For this purpose, any U.S. person 2. Stock that represents at least loss is used to offset income on this
who created a foreign trust is 80% of the total voting power, and at return. The amount to enter is the
considered a transferor. least 80% of the total value of the total of all NOLs generated in prior
● It is treated as the owner of any part stock of each of the other years but not used to offset income
of the assets of a foreign trust under corporations (except for the common (either as a carryback or carryover) in
the grantor trust rules. parent) must be owned directly by at a tax year prior to 2000. Do not
● It received a distribution from a least one of the other includible reduce the amount by any NOL
foreign trust. corporations. deduction reported on line 29a.
For more information, see the For this purpose, stock generally Pub. 536 has a worksheet for
Instructions for Form 3520. does not include any stock that (a) is figuring a cooperative's NOL
nonvoting, (b) is nonconvertible, (c) carryover.
Note: An owner of a foreign trust is limited and preferred as to
must ensure that the trust files an dividends and does not participate
annual information return on Form significantly in corporate growth, and
3520-A, Annual Information Return of Paperwork Reduction Act Notice.
(d) has redemption and liquidation We ask for the information on this
Foreign Trust with a U.S. Owner. For rights that do not exceed the issue
details, see Form 3520-A. form to carry out the Internal Revenue
price of the stock (except for a laws of the United States. You are
Item 15 reasonable redemption or liquidation required to give us the information.
premium). See section 1504(a)(4). We need it to ensure that you are
Show any tax-exempt interest
received or accrued. Include any Parent-subsidiary controlled complying with these laws and to
exempt-interest dividends received as group. The term “parent-subsidiary allow us to figure and collect the right
a shareholder in a mutual fund or controlled group” means one or more amount of tax.
other RIC. chains of corporations connected You are not required to provide the
through stock ownership (section information requested on a form that
Question 17 1563(a)(1)). Both of the following is subject to the Paperwork Reduction
Check the “Yes” box for question 17 requirements must be met: Act unless the form displays a valid
if: 1. 80% of the total combined OMB control number. Books or
1. The cooperative is a subsidiary voting power of all classes of stock records relating to a form or its
in an affiliated group (defined below), entitled to vote or at least 80% of the instructions must be retained as long
but is not filing a consolidated return total value of all classes of stock of as their contents may become
for the tax year with that group or each corporation in the group (except material in the administration of any
the parent) must be owned by one or Internal Revenue law. Generally, tax
2. The cooperative is a subsidiary more of the other corporations in the returns and return information are
in a parent-subsidiary controlled group. confidential, as required by section
group (defined below). 6103.
2. The common parent must own
Any cooperative that meets either at least 80% of the total combined The time needed to complete and
of the requirements above should voting power of all classes of stock file this form will vary depending on
check the “Yes” box. This applies entitled to vote or at least 80% of the individual circumstances. The
even if the cooperative is a subsidiary total value of all classes of stock of estimated average time is:
member of one group and the parent at least one of the other corporations
corporation of another. Recordkeeping ............................. 77 hr., 58 min.
in the group. Stock owned directly Learning about the law or the
Note: If the cooperative is an by other members of the group is not form ............................................... 23 hr., 46 min.
Preparing the form....................... 40 hr., 59 min.
“excluded member” of a controlled counted when computing the voting Copying, assembling, and
group (see section 1563(b)(2)), it is power or value. sending the form to the IRS ....... 4 hr., 17 min.
still considered a member of a See section 1563(d)(1) for the If you have comments concerning
controlled group for this purpose. definition of “stock” for purposes of the accuracy of these time estimates
Affiliated group. The term “affiliated determining stock ownership above. or suggestions for making this form
group” means one or more chains of simpler, we would be happy to hear
includible corporations (section Item 19 from you. You can write to the Tax
1504(a)) connected through stock Check the box for question 19 if the Forms Committee, Western Area
ownership with a common parent cooperative elects under section Distribution Center, Rancho Cordova,
corporation. The common parent 172(b)(3) to forego the carryback CA 95743-0001.
must be an includible corporation and period for a net operating loss (NOL). Do not send the tax form to this
the following requirements must be If this box is checked, do not attach office. Instead, see Where To File on
met: the statement described in Temporary page 2.
1. The common parent must own Regulations section 301.9100-12T(d).
directly stock that represents at least

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