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See section 404(k) for more If the at-risk rules apply, adjust the portion of the loss the corporation may
information and the limitation on certain amount on this line for any section carry to each of the remaining tax years
dividends. 465(d) losses. These losses are limited is the excess, if any, of the loss over the
Generally, a deduction may not be to the amount for which the corporation sum of the modified taxable income for
taken for the amount of any item or part is at risk for each separate activity at the each of the prior tax years to which the
thereof allocable to a class of exempt close of the tax year. If the corporation corporation may carry the loss. See
income. See section 265(b) for is involved in one or more activities, one section 172(b).
exceptions. or more of which incurs a loss for the If there is a carryback of an NOL, net
year, report the losses for each activity capital loss, or an unused credit, file
Generally, the corporation can deduct
separately. Attach Form 6198, At-Risk Form 1139, Corporation Application for
only 80% of the amount otherwise
Limitations, showing the amount at risk Tentative Refund, within 12 months after
allowable for meals and entertainment
and gross income and deductions for the close of the tax year for a “quick
expenses paid or incurred in its trade or
the activities with the losses. refund” of taxes. See section 6411.
business. In addition, meals must not be
lavish or extravagant; a bona fide If the corporation sells or otherwise Caution: Do not attach For m 1139 to
business discussion must occur during, disposes of an asset or its interest the corporation’s income tax return. Mail
immediately before, or immediately after (either total or partial) in an activity to it in a separate envelope and file it with
the meal; and an employee of the which the at-risk rules apply, determine the service center where the corporation
corporation must be present at the meal. the net profit or loss from the activity by files its income tax retur n.
See section 274(k)(2) for exceptions. If combining the gain or loss on the sale or
For carryback claims filed later than
the corporation claims a deduction for disposition with the profit or loss from
12 months after the end of the tax year,
unallowable meal expenses, it may have the activity. If the corporation has a net
file Form 1120X instead of Form 1139.
to pay a penalty. loss, it may be limited because of the
at-risk rules. See section 172 for special rules,
Additional limitations apply to limitations, and definitions pertaining to
deductions for gifts, skybox rentals, Treat any loss from an activity not
NOL carrybacks and carryovers. Also
luxury water travel, convention allowed for the tax year as a deduction
see Pub. 536, Net Operating Losses.
expenses, and entertainment tickets. allocable to the activity in the next tax
year. See section 382 for the limitation on
See section 274 and Pub. 463, Travel,
the amount of taxable income of a loss
Entertainment, and Gift Expenses, for
Line 29a, Form 1120 corporation for any tax year ending after
details.
(Line 25a, Form 1120-A) a post-1986 ownership change that may
Generally, a corporation can deduct all be offset by pre-change NOL carryovers.
other ordinary and necessary travel and Net Operating Loss Deduction
Also see Temporary Regulations section
entertainment expenses paid or incurred The “net operating loss deduction” is the 1.382-2T(a)(2)(ii), which requires that a
in its trade or business. However, it amount of the net operating loss (NOL) loss corporation file an information
cannot deduct an expense paid or carryovers and carrybacks that can be statement with its income tax return for
incurred for a facility (such as a yacht or deducted in the tax year. See section each tax year that it is a loss
hunting lodge) that is used for an activity 172(a). If this deduction is taken, explain corporation.
that is usually considered entertainment, its computation on an attached See section 384 for the limitation on
amusement, or recreation. schedule. the use of preacquisition losses of one
Note: The corporation may be able to Generally, a corporation may carry an corporation to offset recognized built-in
deduct the expense if the amount is NOL back to each of the 3 years gains of another corporation.
treated as compensation and reported preceding the year of the loss and carry
on For m W-2 for an employee or on it over to each of the 15 years following Line 29b, Form 1120
For m 1099-MISC for an independent the year of the loss. Personal service (Line 25b, Form 1120-A)
contractor. corporations are not permitted to carry Special Deductions
Note: Do not deduct penalties such as back an NOL to or from any tax year to
those listed under Interest and which a section 444 election applies. Form 1120 filers.—See the Instructions
Penalties on page 4. for Schedule C on page 11.
A corporation may carry back 10
years the part of the NOL attributable to Form 1120-A filers.—Generally, enter
Line 28, Form 1120 a product liability loss (section 70% of line 4, page 1, on line 25b.
(Line 24, Form 1120-A) 172(b)(1)(C)). See Regulations section However, this deduction may not be
Taxable Income Before NOL 1.172-13(c) for the required statement more than 70% of line 24, page 1. For
Deduction and Special Deductions that must be attached to Form 1120 this purpose, compute line 24 without
when claiming the 10-year carryback on regard to any adjustment under section
“At-risk” rules.—Special “at-risk” rules 1059 and without regard to any capital
product liability losses.
under section 465 generally apply to loss carryback to the tax year under
closely held corporations (defined under There is also an available election to
section 1212(a)(1).
Passive activity limitations on page 7) carry an NOL over to just each of the 15
years following the year of the loss. The In a year in which an NOL occurs, this
engaged in any activity as a trade or
election may be made by attaching a 70% limitation does not apply, even if
business or for the production of
statement to a return that is filed on the loss is created by the
income. Such corporations may have to
time (including extensions). The election dividends-received deduction. See
adjust the amount on line 28, Form
is irrevocable. Section 172(b)(1) sections 172(d) and 246(b).
1120, or line 24, Form 1120-A. (See
below.) But the at-risk rules do not apply describes types of losses for which the
Line 32g, Form 1120
to (1) holding real property placed in 15-year carryover period does not apply.
Also see section 172(b)(1)(E) for special
(Line 28g, Form 1120-A)
service by the taxpayer before 1987;
(2) equipment leasing under sections rules for a corporation with an excess Include on line 32g (line 28g, Form
465(c)(4), (5), and (6); and (3) any interest loss if the corporation had an 1120-A) any credit the corporation is
qualifying business of a qualified equity reduction interest loss for any claiming under section 4682(g)(3) for
corporation under section 465(c)(7). loss limitation year ending after August ozone-depleting chemicals used in the
However, the at-risk rules do apply to 2, 1989. manufacture of rigid foam insulation.
the holding of mineral property. After applying the NOL to the first tax Write “ODC” to the left of the entry
year to which it may be carried, the space.
Page 10
Line 32h, Form 1120 attach Form 970, Application To Use Line 4b.—Enter on line 4b any costs
(Line 28h, Form 1120-A) LIFO Inventory Method, or a statement paid or incurred during the tax year not
with the information required by Form entered on lines 2 through 4a.
If the corporation has backup 970. Also check the LIFO box on line 8b Line 6.—See Temporary Regulations
withholding, read Backup Withholding of Schedule A (Form 1120 only). Enter
on page 4 to see how to report this section 1.263A-1T for more information
the amount or percent of total closing on computing the amount of additional
amount. Include any backup withholding inventories covered under section 472
in the total for line 32h, Form 1120 (line section 263A costs to be capitalized and
on line 8c. Estimates are acceptable. added to ending inventory.
28h, Form 1120-A).
If the corporation changed or
extended its inventory method to LIFO
Schedule A, Form 1120 and had to “write up” its opening Schedule C (Form 1120
inventory to cost in the year of election, Only)
(Worksheet, Form 1120-A) report the effect of this writeup as
income (line 10, page 1) proportionately Dividends and Special Deductions
Cost of Goods Sold over a 3-year period that begins with the
year of the LIFO election (section For purposes of the 20% ownership test
All filers should see Section 263A 472(d)).
uniform capitalization rules on page 7 on lines 1 through 7, the percentage of
Note: If inventor ies are not an stock owned by the corporation is based
before completing Schedule A or the income-deter mining factor, enter -0- on
worksheet on this page. The instructions on voting power and value of the stock.
lines 1 and 6 of Schedule A or the Preferred stock described in section
for lines 4a through 6 below apply to worksheet below.
both Schedule A and the worksheet. 1504(a)(4) is not taken into account.
Corporations filing a consolidated return
Inventory valuation methods.— should see Regulations sections
Inventories can be valued at (1) cost; Cost of Goods Sold Worksheet
1.1502-14, 1.1502-26, and 1.1502-27
(2) cost or market value (whichever is Form 1120-A
before completing Schedule C.
lower); or (3) any other method that is (keep for your records)
approved by the Commissioner, and that Line 1, Column (a)
1. Inventory at start of year. Enter here
conforms to the provisions of the and in Part III, line 3, column (a), Form Enter dividends (except those received
applicable regulations cited below. 1120-A on debt-financed stock acquired after
Taxpayers using erroneous valuation 2. Purchases. Enter here and in Part II,
July 18, 1984—see section 246A) that
methods must change to a method line 5(a)(1), Form 1120-A
3. Cost of labor. Enter here and include
are received from less-than-20%-owned
permitted for Federal income tax domestic corporations subject to income
in total in Part II, line 5(a)(3), Form
purposes. Make the change by filing 1120-A tax and that are subject to the 70%
Form 3115. For more information about 4a. Additional section 263A costs. Enter deduction under section 243(a)(1).
the change, see Regulations section here and in Part II, line 5(a)(2), Form Include on this line taxable distributions
1.446-1(e)(3) and Rev. Proc. 84-74, 1120-A (see instructions)
from an IC-DISC or former DISC that are
1984-2 C.B. 736 as modified by Rev. b. Other costs. Enter here and include in
Part II, line 5(a)(3), Form 1120-A designated as being eligible for the 70%
Proc. 88-15, 1988-1 C.B. 683. deduction and certain dividends of
5. Subtotal—Add lines 1 through 4b
On line 8a of Schedule A (Form 1120 6. Inventory at end of year. Enter here Federal Home Loan Banks. See section
only), check the method(s) used for and in Part III, line 3, column (b), Form 246(a)(2).
valuing inventories. Under “lower of cost 1120-A
For dividends received from a
or market,” the term market generally 7. Total cost of goods sold. Subtract line
6 from line 5. Enter the result here and
regulated investment company, see
applies to normal market conditions section 854 for the amount subject to
on page 1, line 2, Form 1120-A
where there is a current bid price the 70% deduction.
prevailing at the date the inventory is Line 4a.—An entry is required on this
So-called dividends or earnings
valued. When no regular open market line only for corporations that have
received from mutual savings banks,
exists or when quotations are nominal elected a simplified method of
etc., are really interest. Do not treat
because of inactive market conditions, accounting. In the case of taxpayers that
them as dividends.
use fair market prices from the most have elected the simplified production
reliable sales or purchase transactions method, additional section 263A costs Line 2, Column (a)
that occurred near the date the inventory are generally those costs, other than
is valued. interest, that were not capitalized or Enter dividends (except those received
included in the inventory costs under the on debt-financed stock acquired after
For more requirements, see
taxpayer’s method of accounting July 18, 1984) that are received from
Regulations section 1.471-4.
immediately prior to the effective date in 20%-or-more-owned domestic
Inventory may be valued below cost corporations subject to income tax and
Temporary Regulations section
when the merchandise is: (1) unusable that are subject to the 80% deduction
1.263A-1T, but that are now required to
at normal prices, or (2) unusable in the under section 243(c). Include on this line
be capitalized under section 263A. In the
normal way because the goods are taxable distributions from an IC-DISC or
case of taxpayers that have elected a
“subnormal” (i.e., because of damage, former DISC that are designated as
simplified resale method, additional
imperfections, shop wear, etc.) within the being eligible for the 80% deduction.
section 263A costs are generally those
meaning of Regulations section
costs incurred with respect to the
1.471-2(c). The goods may be valued at Line 3, Column (a)
following categories: off-site storage or
a current bona fide selling price, minus
warehousing; purchasing; handling, Enter dividends on debt-financed stock
direct cost of disposition (but not less acquired after July 18, 1984, that are
processing, assembly, and repackaging;
than scrap value) if such a price can be received from domestic and foreign
and general and administrative costs
established. See Regulations section
(mixed service costs). Enter on line 4a corporations subject to income tax and
1.471-2(c) for more requirements. that would otherwise be subject to the
the balance of section 263A costs paid
If this is the first year the “Last-in or incurred during the tax year not dividends-received deduction under
First-out” (LIFO) inventory method was included on lines 2 and 3. See section 243(a)(1), 243(c), or 245(a).
either adopted or extended to inventory Temporary Regulations section Generally, debt-financed stock is stock
goods not previously valued under the 1.263A-1T for more information. that the corporation acquired by
LIFO method provided in section 472,
Page 11
incurring a debt (e.g., it borrowed money eligible for the 100% deduction provided deduction is allowed for the entire
to buy the stock). in section 245(b). amount of those dividends. To claim the
In general, the deduction under 100% deduction on line 10, column (c),
Line 3, Columns (b) and (c) section 245(b) applies to dividends paid the company must file with its return a
Dividends received on debt-financed out of the earnings and profits of a statement that it was a Federal licensee
stock acquired after July 18, 1984, are foreign corporation for a tax year during under the Small Business Investment
not entitled to the full 70% or 80% which: Act of 1958 at the time it received the
dividends-received deduction. The 70% dividends.
1. All of its outstanding stock is
or 80% deduction is reduced by a owned (directly or indirectly) by the
percentage that is related to the amount
Line 11, Column (a)
domestic corporation receiving the
of debt incurred to acquire the stock. dividends, and Enter dividends from FSCs that are
See section 246A. Also see section attributable to foreign trade income and
2. All of its gross income from all
245(a) before making this computation that are eligible for the 100% deduction
sources is effectively connected with the
for an additional limitation that applies to provided in section 245(c)(1)(A).
conduct of a trade or business within
dividends received from foreign
the United States. Line 12, Columns (a) and (c)
corporations. Attach a schedule to Form
1120 showing how the amount on line 3, Line 9, Column (c) Enter only those dividends that qualify
column (c), was figured. under section 243(b) for the 100%
Limitation on Dividends-Received
Deduction dividends-received deduction described
Line 4, Column (a) in section 243(a)(3). Corporations taking
Enter dividends received on the Generally, line 9 of column (c) may not this deduction are subject to the
preferred stock of a less-than- exceed the amount from the worksheet provisions of section 1561.
20%-owned public utility that is subject below. However, in a year in which an
to income tax and is allowed the NOL occurs, this limitation does not Line 13, Column (a)
deduction provided in section 247 for apply even if the loss is created by the Enter foreign dividends not reportable on
dividends paid. dividends-received deduction. See lines 3, 6, 7, 8, or 11 of column (a).
sections 172(d) and 246(b). Certain Exclude distributions of amounts
Line 5, Column (a) financial institutions to which section constructively taxed in the current year
Enter dividends received on preferred 593(a) applies should see section 596 or in prior years under subpart F
stock of a 20%-or-more-owned public for the special limitation on the (sections 951 through 964).
utility that is subject to income tax and dividends-received deduction.
is allowed the deduction provided in Line 14, Column (a)
section 247 for dividends paid. Worksheet for Schedule C, line 9 Include income constructively received
(keep for your records) from controlled foreign corporations
Line 6, Column (a) under subpart F. This amount should
Enter the U.S.-source portion of 1. Refigure line 28, page 1, Form 1120, equal the total of amounts reported on
dividends that are received from without regard to any adjustment Schedule I of Form 5471.
under section 1059 and without regard
less-than-20%-owned foreign to any capital loss carryback to the tax
corporations and that qualify for the year under section 1212(a)(1)
Line 15, Column (a)
70% deduction under section 245(a). To 2. Complete lines 10, 11, and 12 of Include gross-up for taxes deemed paid
qualify for the 70% deduction, the column (c) and enter the sum of those under sections 902 and 960.
corporation must own at least 10% of lines
the stock of the foreign corporation by 3. Subtract line 2 from line 1 Line 16, Column (a)
4. Multiply the amount on line 3 by 80%
vote and value. Also include dividends Enter taxable distributions from an
5. Enter the sum of the amounts on lines
received from a less-than-20%-owned 2, 5, 7, and 8 of column (c) and the IC-DISC or former DISC that are
FSC that are attributable to income portion of the deduction on line 3 of designated as not being eligible for a
treated as effectively connected with the column (c) that is attributable to
dividends-received deduction.
conduct of a trade or business within dividends received from 20%-or-
the United States (excluding foreign more-owned corporations No deduction is allowed under section
trade income) and that qualify for the 6. Enter the smaller of line 4 or line 5. (Do 243 for a dividend from an IC-DISC or
not complete the rest of this worksheet former DISC (as defined in section
70% deduction provided in section if line 5 is greater than line 4. Instead,
245(c)(1)(B). enter the amount from line 6 on line 9
992(a)) to the extent the dividend:
of column (c).) 1. Is paid out of the corporation’s
Line 7, Column (a) 7. Enter the total amount of dividends accumulated IC-DISC income or
received from 20%-or-more-owned previously taxed income, or
Enter the U.S.-source portion of corporations and included on lines 2,
dividends that are received from 3, 5, 7, and 8 of column (a) 2. Is a deemed distribution under
20%-or-more-owned foreign 8. Subtract line 7 from line 3 section 995(b)(1).
corporations and that qualify for the 9. Multiply line 8 by 70%
80% deduction under section 245(a). 10. Subtract line 5 above from line 9 of Line 17, Column (a)
column (c)
Also include dividends received from a Include the following:
11. Enter the smaller of line 9 or line 10
20%-or-more-owned FSC that are 1. Dividends (other than capital gain
12. Dividends-received deduction after
attributable to income treated as limitation (sec. 246(b)). Add lines 6 and dividends and exempt-interest dividends)
effectively connected with the conduct 11 and enter the result on line 9, received from regulated investment
of a trade or business within the United column (c) companies and that are not subject to
States (excluding foreign trade income) the 70% deduction.
and that qualify for the 80% deduction Line 10, Columns (a) and (c)
2. Dividends from tax-exempt
provided in section 245(c)(1)(B). Small business investment companies organizations.
Line 8, Column (a) operating under the Small Business 3. Dividends (other than capital gain
Investment Act of 1958 (15 U.S.C. 661 dividends) received from a real estate
Enter dividends received from wholly and following) must enter dividends that investment trust that, for the tax year of
owned foreign subsidiaries that are are received from domestic corporations the trust in which the dividends are paid,
subject to income tax even though a
Page 12
qualifies under sections 856 through Qualified personal service entitled to all, some, or none of the
860. corporations.—A qualified personal taxable income bracket. However, the
4. Dividends not eligible for a service corporation is taxed at a flat rate total amount for all members of the
dividends-received deduction because of 34% on taxable income. For this controlled group cannot be more than
of the holding period of the stock or an purpose, a qualified personal service the total amount in each taxable income
obligation to make corresponding corporation is any corporation bracket.
payments with respect to similar stock. (a) substantially all of the activities of
which involve the performance of
Two situations in which the Worksheet for Members of a
services in the fields of health, law,
dividends-received deduction will not be Controlled Group
engineering, architecture, accounting,
allowed on any share of stock are: (keep for your records)
actuarial science, performing arts, or
(a) if the corporation held it 45 days or consulting, and (b) at least 95% of the
less (see section 246(c)(1)(A)), or stock of which is owned by employees Note: Each member of a controlled
(b) to the extent the corporation is performing the services, retired group (except a qualified personal
under an obligation to make related employees who had performed the service corporation) must compute the
payments for substantially similar or services listed above, any estate of an tax using the worksheet below.
related property. employee or retiree described above, or 1. Enter taxable income (line 30, page 1,
any person who acquired the stock of Form 1120)
5. Any other taxable dividend income
the corporation as a result of the death 2. Enter line 1 or the corporation’s share
not properly reported above (including of the $50,000 taxable income bracket,
distributions under section 936(h)(4)). of an employee or retiree described whichever is less
If patronage dividends or per-unit above, if the acquisition occurred within 3. Subtract line 2 from line 1
retain allocations are included on line 17, 2 years of death. See Temporary 4. Enter line 3 or the corporation’s share
identify the total of these amounts in a Regulations section 1.448-1T(e) for of the $25,000 taxable income bracket,
schedule attached to Form 1120. details. whichever is less
5. Subtract line 4 from line 3
Note: If the corporation is a qualified
6. Enter 15% of line 2
Line 18, Column (c) personal service corporation, be sure to 7. Enter 25% of line 4
Section 247 allows public utilities a check the box on line 3, Schedule J, 8. Enter 34% of line 5
deduction of 41.176% of the lesser of: Form 1120 (line 1, Part I, For m 1120-A). 9. If the taxable income of the controlled
Members of a controlled group (Form group exceeds $100,000, enter this
1. Dividends paid on their preferred member’s share of the smaller of:
stock during the tax year, or 1120 only).—A member of a controlled
(a) 5% of the excess over $100,000,
group, as defined in section 1563, must or
2. Taxable income computed without
check the box on line 1 and complete (b) $11,750.
regard to this deduction. lines 2a and 2b of Schedule J, Form (See instructions for additional 5% tax,
In a year in which an NOL occurs, 1120. below.)
compute the deduction without regard to Members of a controlled group are
10. Total of lines 6 through 9. Enter this
section 247(a)(1)(B). See section 172(d). amount on line 3, Schedule J, Form
entitled to one $50,000 and one $25,000 1120
taxable income bracket amount (in that
order) on line 2a. Additional 5% tax. Members of a
Schedule J, Form 1120 controlled group are treated as one
When a controlled group adopts or corporation for purposes of figuring the
(Part I, Form 1120-A) later amends an apportionment plan, applicability of the additional 5% tax
each member must attach to its tax that must be paid by corporations with
Tax Computation
return a copy of its consent to this plan. taxable income in excess of $100,000. If
The copy (or an attached statement) the additional tax applies, each member
Line 3, Form 1120 must show the part of the amount in of the controlled group will pay that tax
(Line 1, Form 1120-A) each taxable income bracket based on the part of the amount that is
apportioned to that member. There are used in each taxable income bracket to
Members of a controlled group should other requirements as well. See
use the Worksheet for Members of a reduce that member’s tax. See section
Regulations section 1.1561-3(b) for the 1561(a). Each member of the group
Controlled Group on this page to figure requirements and for the time and
their tax. Qualified personal service must enter its share of the additional 5%
manner of making the consent. tax on line 2b and attach to its tax
corporations should see the instructions
below the Tax Rate Schedule to figure Equal apportionment plan. If no return a schedule that shows the taxable
their tax. apportionment plan is adopted, the income of the entire group as well as
members of the controlled group must how its share of the additional tax was
All other corporations should figure divide the amount in each taxable
the tax to enter on line 3 (line 1, Form figured.
income bracket equally among Mutual savings bank conducting life
1120-A) using the tax rate schedule themselves. For example, Controlled
below. insurance business.—The tax under
Group AB consists of Corporation A and section 594 consists of the sum of (a) a
Corporation B. They do not elect an partial tax computed on Form 1120 on
Tax Rate Schedule apportionment plan. Therefore, both
If taxable income (line 30, the taxable income of the bank
Corporation A and Corporation B are determined without regard to income or
Form 1120, or line 26, Form
1120-A) on page 1 is:
entitled to $25,000 (one-half of $50,000) deductions allocable to the life insurance
in the $50,000 taxable income bracket department, and (b) a partial tax on the
Of the on line 2a(i) and to $12,500 (one-half of taxable income computed on Form
But not amount $25,000) in the $25,000 taxable income
Over— over— Tax is: over— 1120L of the life insurance department.
bracket on line 2a(ii). Enter the combined tax on line 3 of
$0 $50,000 15% $0 Unequal apportionment plan. Members Schedule J, Form 1120. Attach Form
50,000 75,000 $7,500 + 25% 50,000 of a controlled group may elect an
75,000 100,000 13,750 + 34% 75,000
1120L as a schedule and identify it as
100,000 335,000 22,250 + 39% 100,000
unequal apportionment plan and divide such.
335,000 ----- 34% 0 the taxable income brackets as they Deferred tax amount of a shareholder
wish. There is no need for consistency in a passive foreign investment
between taxable income brackets. Any company (section 1291).—If the
member of the controlled group may be
Page 13
corporation was a shareholder in a Line 4e, Form 1120 ● At least 60% of its adjusted ordinary
passive foreign investment company (Line 2a, Form 1120-A) gross income for the tax year is personal
(PFIC), and the corporation received an holding company income, and
General Business Credit
excess distribution or disposed of its ● At any time during the last half of the
investment in the PFIC during the year, it Complete this line if the corporation can tax year more than 50% in value of its
must include the aggregate increases in take any of the following credits. If the outstanding stock is owned, directly or
taxes due under section 1291(c)(2) in the corporation has two or more of these indirectly, by not more than five
amount entered on line 3, Schedule J, credits, a credit carryforward or individuals.
Form 1120. On the dotted line next to carryback (including an ESOP credit), or
See section 543(a) for the definition of
line 3, Schedule J, write “Section 1291— a passive activity credit, Form 3800
personal holding company income and
$(amount).” must also be completed. Enter the
section 543(b)(2) for the definition of
Do not include on line 3 any interest amount of the general business credit on
adjusted ordinary gross income.
due under section 1291(c)(3). Instead, line 4e (line 2a, Form 1120-A), and
check the box for Form 3800. If the Use Schedule PH (Form 1120), U.S.
write the amount of interest owed in the
corporation has only one credit, enter on Personal Holding Company Tax, to figure
bottom margin of page 1, Form 1120,
line 4e (line 2a, Form 1120-A), the this tax.
and label it “Section 1291 interest.” See
Form 8621, Return by a Shareholder of amount of the credit from the form. Also
Line 8, Form 1120
a Passive Foreign Investment Company be sure to check the appropriate box for
that form. (Line 5, Form 1120-A)
or Qualified Electing Fund, for details.
Investment credit. This credit was Recapture Taxes
Line 4a (Form 1120 only) generally repealed for property placed in Recapture of investment credit. The
Foreign Tax Credit service after 1985. See Form 3468, corporation may owe the tax computed
Investment Credit, for exceptions. on Form 4255, Recapture of Investment
See Form 1118, Foreign Tax Credit—
Corporations, for an explanation of when Jobs credit. The corporation may qualify Credit, if it disposed of investment credit
a corporation can take this credit for to take this credit if it hired members of property or changed its use before the
payment of income tax to a foreign special targeted groups during the tax end of its useful life or recovery period.
country or U.S. possession. year. See Form 5884, Jobs Credit, for See Form 4255 for details.
more information. Recapture of low-income housing
Line 4b (Form 1120 only) Note: The corporation may not take an credit. The corporation may owe the tax
Possessions Tax Credit expense deduction for the part of the computed on Form 8611, Recapture of
wages or salar ies paid or incurred that is Low-Income Housing Credit, if it
See Form 5712, Election To Be Treated equal to the amount of the jobs credit disposed of property (or there was a
as a Possessions Corporation Under (determined without regard to the reduction in the qualified basis of the
Section 936, for rules on how to elect to property) on which it took the
limitation based on tax (section 38(c)).
claim the possessions tax credit (section low-income housing credit. See Form
936). Compute the credit on Form 5735, Credit for alcohol used as fuel. A
corporation may be able to take a credit 8611 and section 42(j) for details.
Possessions Corporation Tax Credit
Allowed Under Section 936. for alcohol used as fuel. Use Form Line 9a, Form 1120
6478, Credit for Alcohol Used as Fuel, to
figure the credit.
(Line 6, Form 1120-A)
Line 4c (Form 1120 only)
Credit for increasing research Alternative Minimum Tax
Orphan Drug Credit
activities. See Form 6765, Credit for File Form 4626, Alternative Minimum
See section 28 and Form 6765, Credit Increasing Research Activities, and Tax—Corporations, if taxable income or
for Increasing Research Activities (or for section 41. (loss) before the NOL deduction when
claiming the orphan drug credit), for an combined with adjustment items and tax
explanation of when a corporation can Low-income housing credit. See Form
8586, Low-Income Housing Credit, and preference items (including the adjusted
take this credit, as well as how it is
section 42. current earnings adjustment) is more
figured. Generally, the corporation must than the smaller of (a) $40,000, or (b)
reduce its deduction for qualified Enhanced oil recovery credit. A
corporation may claim a credit for 15% the corporation’s allowable exemption
research or basic research expenses by amount. See Form 4626 for details.
the amount of any research credit of its qualified enhanced oil recovery
determined under section 41(a). costs. Use Form 8830 to figure the Reduce alternative minimum tax by
However, this rule does not apply if the credit. any amount on Form 3800, Schedule A,
corporation elects to take the reduced Disabled access credit. A corporation line 34. On the dotted line next to line
credit under section 280C(c). See that may be able to take a credit for certain 9a (line 6, Form 1120-A), write “Section
section for more information. expenditures paid or incurred to assist 38(c)(2)—$(amount).”
individuals with disabilities. See Form Line 9b (Form 1120 only)
Line 4d (Form 1120 only) 8826, Disabled Access Credit, and
Credit for Fuel Produced From a section 44. Environmental Tax
Nonconventional Source. The corporation may be liable for the
Line 4f, Form 1120 environmental tax if the modified
A credit is allowed for the sale of (Line 2b, Form 1120-A)
qualified fuels produced from a alternative minimum taxable income of
nonconventional source. Section 29 Credit for Prior Year Minimum Tax the corporation exceeds $2 million. See
contains a definition of qualified fuels, Form 4626 for details.
Use Form 8827, Credit for Prior Year
provisions for figuring the credit, and Minimum Tax—Corporations, to figure Line 10 (Form 1120 only)
other special rules. Attach a separate the minimum tax credit and any
schedule to the return showing the carryforward of that credit. Interest on tax attributable to
computation of the credit. Also see Form payments received on installment
8827 if any of the 1990 credit was Line 7 (Form 1120 only) sales of certain timeshares and
disallowed solely because of the Personal Holding Company Tax residential lots. If the corporation
tentative minimum tax limitation. See elected to pay interest on the amount of
section 53(d). A corporation is taxed as a personal tax attributable to payments received on
holding company under section 542 if: installment obligations arising from the
Page 14
disposition of certain timeshares and LIFO recapture amount. On a separate ● The account was NOT with a U.S.
residential lots under section 453(l)(3), it worksheet, using the Schedule J format, military banking facility operated by a
must include the interest due in the the corporation must then complete the U.S. financial institution.
amount to be entered on line 10, entire worksheet (lines 1 through 10) b. The corporation owns more than
Schedule J, Form 1120. Write on the based on taxable income not including 50% of the stock in any corporation that
dotted line to the left of line 10, the LIFO recapture amount. The total of would answer “Yes” to item a above.
Schedule J, “Section 453(l)(3) interest— lines 1 through 9b must then be
Get Form TD F 90-22.1, Report of
$(amount).” Attach a schedule showing compared to line 10 of the worksheet.
Foreign Bank and Financial Accounts, to
the computation. The difference is the additional tax due
see if the corporation is considered to
Interest on tax deferred under the to LIFO recapture.
have an interest in or signature or other
installment method for certain Since the total of lines 1 through 9b of authority over a financial account in a
nondealer installment obligations. If an Schedule J will include all the additional foreign country (such as a bank account,
obligation arising from the disposition of tax due to LIFO recapture, the amount securities account, or other financial
property to which section 453A applies that may be deferred ( 3⁄4 of the additional account).
is outstanding at the close of the year, tax) must first be subtracted to arrive at
If “Yes” is checked for this question,
the corporation must include the interest line 10 total tax. Write this deferral
file Form TD F 90-22.1 by June 30,
due under section 453A(c) in the amount amount in parentheses on the dotted
1992, with the Department of the
to be entered on line 10, Schedule J, line to the left of line 10, Schedule J, as
Treasury at the address shown on the
Form 1120. Write on the dotted line to “Section 1363(d) deferral—$(amount).”
form. Form TD F 90-22.1 is not a tax
the left of line 10, Schedule J, “Section Attach a schedule showing the
return, so do not file it with Form 1120.
453A(c) interest—$(amount).” Attach a computation.
schedule showing the computation. Form TD F 90-22.1 may be obtained
Note: The remaining three installments
from IRS Forms Distribution Centers.
Interest under the look-back method of deferred tax must be paid by the due
for completed long-term contracts. date of For m 1120S for the next 3 tax Also, if “Yes” is checked for this
Include the interest due under the years. No interest is payable on the question, write the name of the foreign
look-back method of section 460(b)(2) deferred tax if paid on time. country or countries. Attach a separate
on line 10 of Schedule J. Write on the sheet if more space is needed.
dotted line to the left of the entry space, Question 11, Form 1120
“From Form 8697” and the amount of Schedule K, Form 1120 (Question 3, Form 1120-A)
interest due. (Part II, Form 1120-A)
Deferred tax and interest on In the space provided, show any
undistributed earnings of a qualified Other Information tax-exempt interest received or accrued.
electing fund under section 1294. Include any exempt-interest dividends
Complete Form 8621 to determine the The following instructions apply to received as a shareholder in a mutual
corporation’s share of tax attributable to questions 1 through 12 on Form 1120, fund or other regulated investment
the undistributed earnings of a qualified page 3, Schedule K, or questions 1 company.
electing fund, or the deferred tax due, if through 6 on Form 1120-A, page 2, Part
any, as a result of the termination of a II. Be sure to answer all of the
section 1294 election. Follow the questions. Schedule L, Form 1120
instructions for Form 8621 to figure the (Part III, Form 1120-A)
amount of tax to include in or subtract Question 5 (Form 1120 only)
from the total on line 10. Form 8621 also Foreign person.—The term foreign Balance Sheets
explains how to report any interest due person means:
under section 1294 on the deferred tax.
● A foreign citizen or nonresident alien; Line 5
Installment payment of tax attributable
to LIFO recapture by corporations ● A foreign partnership; Tax-Exempt Securities
making an S corporation election. A ● A foreign corporation; or Include on this line:
corporation making an S corporation ● Any foreign estate or trust within the 1. State and local government
election using the LIFO inventory pricing meaning of section 7701(a)(31). obligations, the interest on which is
method for its last tax year as a C “Owner’s country,” for individuals, is excludable from gross income under
corporation must include a “LIFO the owner’s country of residence. For all section 103(a), and
recapture amount” in income for its last others, it is the country where 2. Stock in a mutual fund or other
year as a C corporation. The incorporated, organized, created, or regulated investment company that
corporation’s LIFO recapture amount is administered. distributed exempt-interest dividends
equal to the excess of the inventory
during the tax year of the corporation.
amount using the FIFO method over the Question 7, Form 1120
inventory amount using the LIFO method (Question 6, Form 1120-A)
at the close of the corporation’s last tax
year as a C corporation. Foreign financial accounts.—Check the Schedule M-1, Form 1120
“Yes” box if either a or b below applies (Part IV, Form 1120-A)
The additional tax resulting from to the corporation; otherwise, check the
inclusion of the LIFO recapture amount “No” box: Reconciliation of Income per
in income is payable in four equal
installments. The first installment is due a. At any time during the year the Books With Income per Return
with the return for the electing corporation had an interest in or
corporation’s last tax year as a C signature or other authority over a
financial account in a foreign country
Line 5c, Form 1120
corporation and must be paid by the (Line 5, Form 1120-A)
due date (excluding extensions of time (such as a bank account, securities
to file). account, or other financial account); Travel and Entertainment
AND Include on line 5c (line 5, Form 1120-A)
To determine the additional tax due to
LIFO recapture, the corporation must ● The combined value of the accounts 20% of the meals and entertainment not
complete lines 1 through 9b of Schedule was more than $10,000 at any time allowed under section 274(n); expenses
J based on income that includes the during the year; AND for the use of an entertainment facility;
Page 15
the part of business gifts in excess of entertainment tickets in excess of face luxury water travel not allowed under
$25; expenses of an individual allocable value (also subject to 20% section 274(m); expenses for travel as a
to conventions on cruise ships in excess disallowance); the cost of skyboxes in form of education; and other travel and
of $2,000; employee achievement excess of the face value of non-luxury entertainment expenses not allowed as a
awards in excess of $400; the cost of box seat tickets; the part of the cost of deduction.
Page 16
Codes for Principal Business Activity Code Code
Electrical and electronic equipment 5800 Eating and drinking places
These codes for the Principal Business Activity are designed to classify 3630 Household appliances Misc. retail stores
enterprises by the type of activity in which they are engaged to facilitate the 3665 Radio, television, and 5912 Drug stores and proprietary stores
administration of the Internal Revenue Code. Though similar in format and communication equipment 5921 Liquor stores
structure to the Standard Industrial Classification (SIC) codes, they should 3670 Electronic components and 5995 Other retail stores
not be used as SIC codes. accessories
Using the list below, enter on Form 1120, Schedule K, line 2a (Form 3698 Other electrical equipment Finance, Insurance, and Real
1120-A, Part II, line 1a) the code number for the specific industry group from 3710 Motor vehicles and equipment Estate
which the largest percentage of “total receipts” is derived. “Total receipts” Transportation equipment, except Banking
means gross receipts (line 1a, page 1) plus all other income (lines 4 through motor vehicles 6030 Mutual savings banks
3725 Aircraft, guided missiles and parts6060 Bank holding companies
10, page 1). 3730 Ship and boat building and repairing
6090 Banks, except mutual savings
On Form 1120, Schedule K, lines 2b and 2c (Form 1120-A, Part II, lines 1b 3798 Other transportation equipment, banks and bank holding
and 1c), state the principal business activity and principal product or service except motor vehicles companies
that account for the largest percentage of total receipts. For example, if the Instruments and related products Credit agencies other than banks
principal business activity is “Grain mill products,” the principal product or 3815 Scientific instruments and measur- 6120 Savings and loan associations
service may be “Cereal preparations.” ing devices; watches and clocks 6140 Personal credit institutions
If, as its principal business activity, the corporation: (1) purchases raw 3845 Optical, medical, and ophthalmic 6150 Business credit institutions
goods
materials, (2) subcontracts out for labor to make a finished product from the 3860 Photographic equipment and
6199 Other credit agencies
raw materials, and (3) retains title to the goods, the corporation is considered supplies Security, commodity brokers and services
to be a manufacturer and must enter one of the codes (2010-3998) under 3998 Other manufacturing products 6210 Security brokers, dealers, and
“Manufacturing.” flotation companies
Transportation and Public 6299 Commodity contracts brokers and
Agriculture, Forestry, and Code Utilities dealers; security and commodity
Fishing Paper and allied products exchanges; and allied services
Transportation
2625 Pulp, paper, and board mills Insurance
Code 4000 Railroad transportation
2699 Other paper products 4100 Local and interurban passenger 6355 Life insurance
0400 Agricultural production
Printing and publishing transit 6356 Mutual insurance, except life or
0600 Agricultural services (except
veterinarians), forestry, fishing, 2710 Newspapers 4200 Trucking and warehousing marine and certain fire or flood
hunting, and trapping 2720 Periodicals 4400 Water transportation insurance companies
2735 Books, greeting cards, and 4500 Transportation by air 6359 Other insurance companies
Mining miscellaneous publishing 4600 Pipe lines, except natural gas 6411 Insurance agents, brokers, and
Metal mining 2799 Commercial and other printing, 4700 Miscellaneous transportation service
1010 Iron ores and printing trade services services Real estate
1070 Copper, lead and zinc, gold and Chemicals and allied products Communication 6511 Real estate operators and lessors
silver ores 4825 Telephone, telegraph, and of buildings
2815 Industrial chemicals, plastics
1098 Other metal mining materials, and synthetics other communication services 6516 Lessors of mining, oil, and similar
1150 Coal mining 2830 Drugs 4830 Radio and television broad- property
Oil and gas extraction casting 6518 Lessors of railroad property and
2840 Soap, cleaners, and toilet goods
1330 Crude petroleum, natural gas, Electric, gas, and sanitary services other real property
2850 Paints and allied products
and natural gas liquids 4910 Electric services 6530 Condominium management and
2898 Agricultural and other chemical
1380 Oil and gas field services 4920 Gas production and distribution cooperative housing associations
products
Nonmetallic minerals, except fuels 4930 Combination utility services 6550 Subdividers and developers
Petroleum refining and related indus- 4990 Water supply and other sanitary 6599 Other real estate
1430 Dimension, crushed and broken tries (including those integrated with
stone; sand and gravel services Holding and other investment com-
extraction)
1498 Other nonmetallic minerals, 2910 Petroleum refining (including Wholesale Trade panies, except bank holding compa-
except fuels integrated) Durable nies
Construction 2998 Other petroleum and coal products 5008 Machinery, equipment, and 6744 Small business investment
supplies companies
General building contractors Rubber and misc. plastics products
5010 Motor vehicles and automotive 6749 Other holding and investment
and operative builders 3050 Rubber products, plastics equipment
footwear, hose and belting companies except bank holding
1510 General building contractors 5020 Furniture and home furnishings companies
1531 Operative builders 3070 Misc. plastics products 5030 Lumber and construction
1600 Heavy construction contractors Leather and leather products materials
5040 Sporting, recreational,
Services
Special trade contractors 3140 Footwear, except rubber 7000 Hotels and other lodging places
photographic, and hobby
1711 Plumbing, heating, and air 3198 Other leather and leather products 7200 Personal services
goods, toys and supplies
conditioning Business services
Stone, clay, and glass products 5050 Metals and minerals, except
1731 Electrical work petroleum and scrap
3225 Glass products 7310 Advertising
1798 Other special trade contractors 5060 Electrical goods
3240 Cement, hydraulic 7389 Business services, except
Manufacturing 3270 Concrete, gypsum, and plaster 5070 Hardware, plumbing and advertising
Food and kindred products products heating equipment and
Auto repair; misc. repair services
3298 Other nonmetallic mineral products supplies
2010 Meat products 7500 Auto repair and services
5098 Other durable goods
2020 Dairy products Primary metal industries 7600 Misc. repair services
Nondurable
2030 Preserved fruits and vegetables 3370 Ferrous metal industries; misc. Amusement and recreation services
5110 Paper and paper products
2040 Grain mill products primary metal products 7812 Motion picture production,
5129 Drugs, drug proprietaries, and
2050 Bakery products druggists’ sundries distribution, and services
3380 Nonferrous metal industries
2060 Sugar and confectionary products 5130 Apparel, piece goods, and notions 7830 Motion picture theaters
2081 Malt liquors and malt Fabricated metal products 5140 Groceries and related products 7900 Amusement and recreation
2088 Alcoholic beverages, except malt 3410 Metal cans and shipping containers
5150 Farm-product raw materials services, except motion pictures
liquors and malt 3428 Cutlery, hand tools, and hard-
5160 Chemicals and allied products Other services
2089 Bottled soft drinks, and flavorings ware; screw machine products,
bolts, and similar products 5170 Petroleum and petroleum products 8015 Offices of physicians, including
2096 Other food and kindred products 5180 Alcoholic beverages osteopathic physicians
3430 Plumbing and heating, except
2100 Tobacco manufacturers electric and warm air 5190 Misc. nondurable goods 8021 Offices of dentists
Textile mill products 3440 Fabricated structural metal Retail Trade 8040 Offices of other health
2228 Weaving mills and textile finishing products practitioners
Building materials, garden sup-
2250 Knitting mills 3460 Metal forgings and stampings plies, and mobile home dealers 8050 Nursing and personal care
2298 Other textile mill products 3470 Coating, engraving, and allied facilities
services 5220 Building materials dealers
Apparel and other textile products 5251 Hardware stores 8060 Hospitals
3480 Ordnance and accessories, except
2315 Men’s and boys’ clothing 5265 Garden supplies and mobile 8071 Medical laboratories
vehicles and guided missiles
2345 Women’s and children’s clothing 3490 Misc. fabricated metal products home dealers 8099 Other medical services
2388 Other apparel and accessories 5300 General merchandise stores 8111 Legal services
Machinery, except electrical Food stores
2390 Miscellaneous fabricated textile 8200 Educational services
3520 Farm machinery 5410 Grocery stores
products 8300 Social services
3530 Construction and related 5490 Other food stores
Lumber and wood products machinery 8600 Membership organizations
Automotive dealers and service stations
2415 Logging, sawmills, and planing mills 3540 Metalworking machinery 5515 Motor vehicle dealers 8911 Architectural and engineering
2430 Millwork, plywood, and related 3550 Special industry machinery services
5541 Gasoline service stations
products 3560 General industrial machinery 5598 Other automotive dealers 8930 Accounting, auditing, and
2498 Other wood products, including bookkeeping
3570 Office, computing, and accounting 5600 Apparel and accessory stores
wood buildings and mobile homes machines 5700 Furniture and home 8980 Miscellaneous services (including
2500 Furniture and fixtures furnishings stores veterinarians)
3598 Other machinery except electrical
Page 17
Index to Instructions
E P
W
Passive Activity Loss Limitations 7
Employee Benefit Programs 9 When to File 2
Passive Activity Loss and Credit
Employer Identification Number 6 Where to File 2
Limitations (Form 8810) 5
Environmental Tax 8 and 14 Who Must File 1
Passive Foreign Investment Company
Enhanced Oil Recovery Credit 1 and 14 Shareholder (Form 8621) 5
Estimated Tax Payments 4
Estimated Tax Penalty 4
Excise Tax Return (Form 720) 4
Page 18