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1999 Department of the Treasury

Internal Revenue Service

Instructions for
Form 1120-F
U.S. Income Tax Return of a Foreign Corporation
Section references are to the Internal Revenue Code unless otherwise noted.

Pending Legislation Buy the CD-ROM on the Internet at complete Item W and attach a statement
www.irs.gov/cdorders from the National explaining why the corporation is a qualified
At the time of printing, Congress was Technical Information Service (NTIS) for $16 resident or otherwise qualifies for treaty
considering legislation affecting these (plus a $5 handling fee) and save 30%, or call benefits.
instructions. Included in the pending legislation 1-877-CDFORMS (1-877-233-6767) toll-free to Note: An exemption from tax under Section II
are provisions that would change the definition buy the CD-ROM for $23 (plus a $5 handling based on the permanent establishment article
of a capital asset, modify the treatment of gains fee). of an income tax treaty does not necessarily
from constructive ownership transactions, By phone and in person. You can order exempt the corporation from the branch profits
repeal the use of the installment method for forms and publications 24 hours a day, 7 days tax.
certain taxpayers, and limit the use of the a week, by calling 1-800-TAX-FORM Consolidated returns. A foreign corporation
nonaccrual experience method of accounting. (1-800-829-3676). You can also get most forms cannot belong to an affiliated group of
See Pub. 553, Highlights of 1999 Tax and publications at your local IRS office. corporations that files a consolidated return
Changes, to find out if this legislation was unless it is a Canadian or Mexican corporation
enacted, and details on the changes.
General Instructions maintained solely for complying with the laws
of Canada or Mexico for title and operation of
A Change To Note property.
New rules for determining whether the
Purpose of Form
Use Form 1120-F to report the income, gains,
Exceptions From Filing
corporation must use the Electronic Federal
Tax Payment System (EFTPS) to make losses, deductions, credits, and to figure the A foreign corporation does not need to file
Federal tax deposits are effective beginning U.S. income tax liability of a foreign Form 1120-F if any of the following apply:
January 1, 2000. For details, see Electronic corporation. Also, use Form 1120-F to claim ● Its only income is not subject to U.S. taxation
Deposit Requirement on page 4. any refund that is due. under section 881(d).
● It is a beneficiary of an estate or trust

Photographs of Missing Who Must File engaged in a U.S. trade or business, but would
itself otherwise not need to file.
Children Unless one of the exceptions in Exceptions ● It files Form 1120-L, U.S. Life Insurance
From Filing below applies, every foreign Company Income Tax Return, as a foreign life
The Internal Revenue Service is a proud
corporation must file Form 1120-F if, during the insurance company, or Form 1120-PC, U.S.
partner with the National Center for Missing
tax year, it: Property and Casualty Insurance Company
and Exploited Children. Photographs of
● Overpaid income tax that it wants refunded.
missing children selected by the Center may Income Tax Return, as a foreign property and
● Engaged in a trade or business in the United casualty insurance company.
appear in instructions on pages that would
otherwise be blank. You can help bring these States, whether or not it had income from that ● It did not engage in a U.S. trade or business
children home by looking at the photographs trade or business. during the year, and its full U.S. tax was
and calling 1-800-THE-LOST (1-800-843-5678) ● Had income, gains, or losses treated as if withheld at source.
if you recognize a child. they were effectively connected with that U.S. ● It has filed Form 8279, Election To Be
trade or business. See Section II on page 7 for Treated as a FSC or as a Small FSC, and the
How To Get Forms and the definition of effectively connected income. election is still in effect. These corporations
● Had income from any U.S. source (even if its must file Form 1120-FSC, U.S. Income Tax
Publications income is tax exempt under an income tax Return of a Foreign Sales Corporation.
Personal computer. You can access the treaty or code section).
IRS's Internet Web Site 24 hours a day, 7 days Others that must file Form 1120-F: When To File
a week at www.irs.gov to: ● A Mexican or Canadian branch of a U.S.
● Download forms, instructions, and mutual life insurance company. The branch Foreign Corporation With An Office in
publications. must file Form 1120-F on the same basis as a
● See answers to frequently asked tax foreign corporation if the U.S. company elects the U.S.
questions. to exclude the branch's income and expenses A foreign corporation that maintains an office
● Search publications on-line by topic or from its own gross income. or place of business in the United States must:
● A receiver, assignee, or trustee in dissolution ● File Form 1120-F by the 15th day of the 3rd
keyword.
● Send us comments or request help by e-mail. or bankruptcy, if that person has or holds title month after the end of its tax year, OR
● Sign up to receive local and national tax
to virtually all of a foreign corporation's property ● Get an extension of time to file.
or business. Form 1120-F is due whether or To get an extension, the corporation may
news by e-mail.
not the property or business is being operated. EITHER:
You can also reach us using file transfer ● An agent in the United States, if the foreign
protocol at ftp.irs.gov. 1. File Form 7004, Application for
corporation has no office or place of business Automatic Extension of Time To File
CD-ROM. Order Pub. 1796, Federal Tax in the United States when the return is due.
Products on CD-ROM, and get: Corporation Income Tax Return, by the 15th
Treaty Exemption. If the corporation does not day of the 3rd month after the end of its tax
● Current year forms, instructions, and
owe any tax because it is claiming a treaty year to obtain a 6-month extension.
publications. exemption, it must still file Form 1120-F to
● Prior year forms, instructions, and
Note: The extension granted by the timely
show that the income was exempted by treaty. filing of Form 7004 does not extend the time
publications. However the corporation should only complete for payment of the tax. If the tax is paid after
● Popular tax forms that may be filled in the identifying information at the top of page 1 the 15th day of the 3rd month following the
electronically, printed out for submission, and and Item W at the bottom of page 5. close of the corporation's tax year, the
saved for recordkeeping. If the foreign corporation does not owe the corporation must pay interest on the late
● The Internal Revenue Bulletin. branch profits tax or the tax on excess interest payment and is subject to the penalty for late
because it is claiming a treaty exemption, payment of tax.

Cat. No. 11475L


OR Private Delivery Services Form 1099-MISC is used to report
2. Get a 3-month extension by attaching to miscellaneous income (e.g., payments to
You can use certain private delivery services certain fishing boat crew members; payments
Form 1120-F the statement described in designated by the IRS to meet the “timely
Regulations section 1.6081-5. If additional time to providers of health and medical services;
mailing as timely filing/paying” rule for tax gross proceeds paid to attorneys;
is needed beyond the 3 month extension, then returns and payments. The most recent list of
file Form 7004 before the end of the 3-month miscellaneous income payments; and
designated private delivery services was non-employee compensation).
extension period to obtain up to an additional published by the IRS in August 1999. The list
3 months to file. If Form 7004 is not filed by the includes only the following: Form 1099-MSA is used to report distributions
expiration of the 3-month extension period, and ● Airborne Express (Airborne): Overnight Air
from a medical savings account (MSA) or
the corporation files its income tax return after Medicare+Choice MSA.
such period, it may be liable for the penalty for Express Service, Next Afternoon Service,
Second Day Service. Form 1099-OID is used to report original issue
late filing of return described on page 4. In no discount.
● DHL Worldwide Express (DHL): DHL“Same
event may the total extension period exceed 6 Form 1099-PATR is used to report
months from the original due date of the return Day” Service, DHL USA Overnight.
● Federal Express (FedEx): FedEx Priority
distributions from cooperatives to their patrons.
(i.e., the return must be filed by the 15th day
of the 9th month after the end of its tax year). Overnight, FedEx Standard Overnight, FedEx Form 1099-R is used to report distributions
See Rev. Rul. 93-85, 1993-2 C.B. 297. 2 Day. from retirement or profit-sharing plans, any
● United Parcel Service (UPS): UPS Next Day
individual retirement arrangements (IRAs), or
Note: The corporation is still required to pay insurance contracts.
the tax due by the 15th day of the 3rd month Air, UPS Next Day Air Saver, UPS 2nd Day
Air, UPS 2nd Day Air A.M. Form 1099-S is used to report proceeds from
after the end of its tax year. If it does not, the real estate transactions.
corporation must pay the interest on the late The private delivery service can tell you how
payment but is not subject to the penalty for to get written proof of the mailing date. Form W-2, Wage and Tax Statement (and
late payment of tax if it pays the tax due by the Form W-3, Transmittal of Wage and Tax
Statements), is used to report withheld income,
15th day of the 6th month after the end of its Who Must Sign wages, tips, other compensation, social
tax year.
The return must be signed and dated by: security, and Medicare taxes for an employee.
The options described in 1 and 2 above ● The president, vice president, treasurer, Form 5498, IRA Contribution Information, is
! are mutually exclusive. If a corporation
CAUTION chooses the option described in 1 to
assistant treasurer, chief accounting officer; or used to report contributions (including rollover
● Any other corporate officer (such as tax contributions) to any IRA, Roth conversions,
extend the time to file, it may not later choose officer) authorized to sign. and the fair market value of the account.
the option described in 2. Form 5498-MSA, MSA or Medicare+Choice
Receivers, trustees, or assignees must also
Foreign Corporation With No Office or sign and date any return filed on behalf of a MSA Information, is used to report
corporation. contributions to a medical savings account
Place of Business in the U.S. (MSA) and the value of an MSA or
If a corporate officer completes Form
If the foreign corporation does not maintain an 1120-F, the Paid Preparer's space should Medicare+Choice MSA.
office or place of business in the United States remain blank. Anyone who prepares Form Form 8300, Report of Cash Payments Over
it must: 1120-F but does not charge the corporation $10,000 Received in a Trade or Business, is
● File Form 1120-F by the 15th day of the 6th filed to report the receipt of more than $10,000
should not sign the return. Generally, anyone
month after the end of its tax year; OR who is paid to prepare the return must sign it in cash or foreign currency in one transaction
● File Form 7004 to request a 6-month and fill in the Paid Preparer's Use Only area. or a series of related transactions.
extension of time to file. The paid preparer must complete the Note: To transmit Forms 1098, 1099, and
Note: The extension does not extend the time required preparer information and— 5498, get Form 1096, Annual Summary and
for payment of tax. If the tax is paid after the ● Sign the return, by hand, in the space Transmittal of U.S. Information Returns.
15th day of the 6th month after the end of its provided for the preparer's signature (signature
tax year, the corporation must pay interest on stamps or labels are not acceptable). Employment Tax Returns
the late payment and a penalty for late ● Give a copy of the return to the taxpayer. Form 940 or Form 940–EZ, Employer's Annual
payment of tax may apply. See Interest and Federal Unemployment (FUTA) Tax Return, is
Penalties on page 4. used to report annual Federal unemployment
Where To File (FUTA) tax. The tax applies if the corporation
Other Filing Requirements File Form 1120-F with the Internal Revenue either:
● A new corporation filing a short-period return Service Center, Philadelphia, PA 19255. ● Paid wages of $1,500 or more in any
must generally file by the 15th day of the 3rd calendar quarter in 1998 or 1999; or
month after the short period ends. ● Had at least one employee who worked for
● A corporation that has dissolved must Other Forms, Returns, the corporation for some part of a day in any
generally file by the 15th day of the 3rd month 20 or more different weeks in 1998 or 20 or
after the date it dissolved.
Schedules, and Statements more different weeks in 1999.
● If the due date of any filing falls on a That May Be Required Form 941, Employer's Quarterly Federal Tax
Saturday, Sunday, or legal holiday, the A foreign corporation may have to file some of Return (or, for agricultural employers, Form
corporation may file on the next business day. the following forms. See the forms for more 943, Employer's Annual Tax Return for
● Form 1120-F must be filed on a timely basis information. Agricultural Employees), is filed quarterly to
and in a true and accurate manner in order for report payroll income tax withheld, and
a foreign corporation to take deductions and Information Returns employer and employee social security and
credits against its effectively connected Form 1098, Mortgage Interest Statement, is Medicare taxes. Also, see Trust fund
income. For these purposes, Form 1120-F is used to report the receipt from any individual recovery penalty on page 5.
generally considered to be timely filed if it is of $600 or more of mortgage interest and Form 945, Annual Return of Withheld Federal
filed no later than 18 months after the due date points in the course of the corporation's trade Income Tax, is filed to report income tax
of the current year's return. An exception may or business. withholding from nonpayroll distributions (e.g.,
apply to foreign corporations that have yet to pensions, annuities, IRAs, military retirement,
file Form 1120-F for the preceding tax year. Forms 1099-A is used to report acquisitions
and abandonments of secured property. gambling winnings, Indian gaming profits, and
● A foreign corporation is allowed the following backup withholding). Also, see Trust fund
deductions and credits regardless of whether Form 1099-B is used to report proceeds from recovery penalty on page 5.
Form 1120-F is timely filed: broker and barter exchange transactions.
Form 1099-C is used to report cancellation of International Forms
1. The charitable contributions deduction a debt.
(page 3, Section II, line 19); Form 1042, Annual Withholding Tax Return for
Form 1099-DIV is used to report certain U.S. Source Income of Foreign Persons, and
2. The credit from Form 2439 (page 1, line
dividends and distributions. Form 1042-S, Foreign Person's U.S. Source
6f);
3. The credit for Federal tax on fuels (page Form 1099-INT is used to report interest Income Subject to Withholding, are used to
1, line 6g); and income. report and send withheld tax on payments or
4. U.S. income tax paid or withheld at Form 1099-LTC is used to report certain distributions made to nonresident alien
source (page 1, line 6h). payments made under a long-term care individuals, foreign partnerships, or foreign
See Regulations section 1.882-4 for details. insurance contract and certain accelerated corporations. Also, see sections 1441 and
death benefits. 1442, and Pub. 515, Withholding of Tax on
Nonresident Aliens and Foreign Corporations.

Page 2
Form 5471, Information Return of U.S. Form 8810, Corporate Passive Activity Loss average annual gross receipts exceed $5
Persons With Respect to Certain Foreign and Credit Limitations, is used to figure million. See section 448(c). A corporation
Corporations, is filed by certain officers, allowable passive activity loss and credit for engaged in farming operations must also use
directors, and shareholders of foreign personal closely held or personal service corporations. the accrual method. For exceptions, see
holding companies to report the information Form 8817, Allocation of Patronage and section 447.
required by sections 551(c) and 6035. For Nonpatronage Income and Deductions, is used Under the accrual method, an amount is
more information, see Form 5471 and its to figure and report patronage and includible in income when:
instructions. nonpatronage income and deductions (used by ● All the events have occurred that fix the right
Form 5472, Information Return of a 25% taxable cooperatives). to receive the income, and
Foreign-Owned U.S. Corporation or a Foreign Form 8842, Election to Use Different ● The amount can be determined with
Corporation Engaged in a U.S. Trade or Annualization Periods for Corporate Estimated reasonable accuracy.
Business, is filed by a foreign corporation Tax, is used to elect one of the annualization See Regulations section 1.451-1(a) for details.
engaged in a U.S. trade or business that had periods in section 6655(e)(2) to figure Generally, an accrual basis taxpayer can
certain reportable transactions with a related estimated tax payments under the annualized deduct accrued expenses in the tax year when:
party. See Form 5472 for filing instructions and installment method. ● All events that determine the liability have
information for failure to file and maintain Form 8849, Claim for Refund of Excise Taxes,
records. occurred,
is used to claim a refund of excise taxes ● The amount of the liability can be figured with
Form 5713, International Boycott Report, must reported on Forms 720, 730, or 2290.
be filed if the corporation had operations in or reasonable accuracy, and
Schedule PH (Form 1120), U.S. Personal ● Economic performance takes place with
related to certain boycotting countries. Holding Company Tax. See Line 4. Personal
Form 8288, U.S. Withholding Tax Return for respect to the expense.
Holding Company Tax, on page 6.
Dispositions by Foreign Persons of U.S. Real There are exceptions to the economic
Property Interests, and Form 8288-A, Statements performance rule for certain items, including
Statement of Withholding on Dispositions by recurring expenses. See section 461(h) and the
Stock ownership in foreign corporations. related regulations for the rules for determining
Foreign Persons of U.S. Real Property Attach the statement required by section 551(c)
Interests. Use these forms to report and when economic performance takes place.
if: Long-term contracts (except for certain real
transmit withheld tax on the sale of U.S. real
● The foreign corporation owned 5% or more
property by a foreign person. However, for property construction contracts) must generally
distributions described in Regulations section in value of the outstanding stock of a foreign be accounted for using the percentage of
1.1445-8, use Forms 1042 and 1042-S. See personal holding company; and completion method described in section 460.
● The corporation was required to include in its See section 460 for general rules on long-term
section 1445 and the related regulations for
additional information. gross income any undistributed foreign contracts.
Form 8621, Return by a Shareholder of a personal holding company income from a Mark-to-market accounting method.
Passive Foreign Investment Company or foreign personal holding company. Generally, dealers in securities must use the
Qualified Electing Fund, is filed by a Transfers to a corporation controlled by the mark-to-market accounting method described
corporation that was a shareholder in a passive transferor. If a person receives stock of a in section 475. Under this method, any security
foreign investment company (under section corporation in exchange for property, and no that is inventory to the dealer must be included
1297) at any time during the tax year. gain or loss is recognized under section 351, in inventory at its fair market value. Any
the person (transferor) and the transferee must security held by a dealer that is not inventory
Other Forms each attach to their tax returns the information and that is held at the close of the tax year is
required by Regulations section 1.351-3. treated as sold at its fair market value on the
Form 720, Quarterly Federal Excise Tax
Return, is used to report and pay the luxury tax Statements instead of schedules. If the last business day of the tax year. Any gain or
on passenger vehicles, environmental taxes, foreign corporation has no gross income for the loss must be taken into account in determining
communications and air transportation taxes, tax year, do not complete the Form 1120-F gross income. The gain or loss taken into
fuel taxes, manufacturers taxes, ship schedules. Instead, attach a statement to the account is generally treated as ordinary gain
passenger taxes, and certain other excise return showing the types and amounts of or loss. For details, including exceptions, see
taxes. income excluded from gross income. section 475, the related regulations, and Rev.
Rul. 94-7, 1994-1 C.B. 151.
Form 8264, Application for Registration of a Attachments
Tax Shelter, is used to apply for a tax shelter Dealers in commodities and traders in
registration number (used by tax shelter Attach Form 4136, Credit for Federal Tax Paid securities and commodities may elect to use
organizers). on Fuels, after page 6, Form 1120-F. Attach the mark-to-market accounting method. To
schedules in alphabetical order and other forms make the election for tax years beginning on
Form 8271, Investor Reporting of Tax Shelter or after January 1, 1999, the corporation must
Registration Number, is used to report a in numerical order after Form 4136.
Complete every applicable entry space on file a statement describing the election, the first
registered tax shelter's registration number. tax year the election is to be effective, and, in
This form must be filed with any return on Form 1120-F. Do not write “See attached”
instead of completing the entry spaces. If more the case of an election for traders in securities
which a deduction, loss, credit, or other tax or commodities, the trade or business for which
benefit is claimed or reported (or any income space is needed on the forms or schedules,
attach separate sheets, using the same size the election is made. Except for new taxpayers,
is reported) from an interest in a tax shelter. the statement must be filed by the due date
The requirement applies to all returns, including and format as on the printed forms. Show the
totals on the printed forms. Attach these (not including extensions) of the income tax
applications for tentative refund (Form 1139) return for the tax year immediately preceding
and amended returns. separate sheets after all the schedules and
forms. Be sure to put the corporation's name the election year and attached to that return,
Form 8275, Disclosure Statement, and Form or if applicable, to a request for an extension
8275–R, Regulation Disclosure Statement, are and EIN on each sheet.
of time to file that return. For details, see Rev.
used to disclose (to avoid parts of the Proc. 99-17, 1999-7 I.R.B. 52 and sections
accuracy-related penalty or certain preparer 475(e) and (f).
penalties) items or positions taken on a tax Accounting Methods Change in accounting method. Generally,
return that are not otherwise adequately An accounting method is a set of rules used to the corporation may change the method of
disclosed on the tax return or that are contrary determine when and how income and accounting used to report taxable income (for
to Treasury regulations. expenses are reported. income as a whole or for any material item)
Form 8594, Asset Acquisition Statement, is Figure taxable income using the method of only by getting consent on Form 3115,
used to report the purchase or sale of a group accounting regularly used in keeping the Application for Change in Accounting Method.
of assets that constitute a trade or business if corporation's books and records. Generally, For more information, get Pub. 538,
goodwill or going concern value attach to the permissible methods include: Accounting Periods and Methods.
assets. ● Cash,
Form 8697, Interest Computation Under the ● Accrual, or Accounting Periods
Look-Back Method for Completed Long-Term
● Any other method authorized by the Internal
Contracts, is used to figure the interest due or A corporation must figure its taxable income
to be refunded under the look-back method of Revenue Code. on the basis of a tax year. The tax year is the
section 460(b)(2). The look-back method In all cases, the method used must clearly annual accounting period the corporation uses
applies to certain long-term contracts show taxable income. to keep its records and report its income and
accounted for under the percentage of Generally, a corporation (other than a expenses. Generally, corporations can use a
completion or percentage of qualified personal service corporation) must calendar year or a fiscal year. Personal service
completion-capitalized cost method. use the accrual method of accounting if its corporations, however, must generally use a

Page 3
calendar year unless they meet one of the Payment of Tax Due A penalty may be imposed if the deposits
exceptions discussed in Item O—Personal are mailed or delivered to an IRS office rather
Service Corporation on page 7. Special rules The requirements for payment of tax depend than to an authorized depositary or FRB. For
apply to specified foreign corporations. See on whether the foreign corporation has an more information on deposits, see the
Specified Foreign Corporations below. office or place of business in the United States. instructions in the coupon booklet (Form 8109)
For more information about accounting ● Foreign corporations that do not maintain and Pub. 583, Starting a Business and
periods, see Temporary Regulations sections an office or place of business in the United Keeping Records.
1.441-1T, 1.441-2T, and Pub. 538. States must pay the tax due (page 1, line 8) in
If the corporation owes tax when it files
full when they file their tax return, but no later
Calendar year. If the calendar year is adopted
as the annual accounting period, the than the 15th day of the 6th month after the ! Form 1120-F, do not include the
CAUTION payment with the tax return. Instead,

corporation must maintain its books and end of the tax year.
mail or deliver the payment with Form 8109 to
records and report its income and expenses for The tax must be paid directly to the IRS (i.e., a qualified depositary or FRB or use EFTPS, if
the period from January 1 through December do not use the depository method of tax applicable.
31 of each year. payment described below). The tax may be
Fiscal year. A fiscal year is 12 consecutive paid by check or money order, payable to the
months ending on the last day of any month United States Treasury. To help ensure proper Estimated Tax Payments
except December. A 52-53 week year is a crediting, write the corporation's employer Generally, the following rules apply to a foreign
fiscal year that varies from 52 to 53 weeks. identification number (EIN), “Form 1120-F,” corporation's payments of estimated tax.
Adoption of tax year. A corporation adopts and the tax period to which the payment ● The corporation must make installment

a tax year when it files its first income tax applies on the check or money order. Enclose payments of estimated tax if it expects its
return. It must adopt a tax year by the due date the payment when the corporation files Form estimated tax to be $500 or more.
(not including extensions) of its first income tax 1120-F with the Internal Revenue Service ● The installments are due by the 15th day of
return. Center, Philadelphia, PA 19255.
the 4th, 6th, 9th, and 12th months of the tax
● Foreign corporations that do maintain an
Change of tax year. Generally, a corporation year. If any date falls on a Saturday, Sunday,
office or place of business in the United States or legal holiday, the installment is due on the
must get the consent of the IRS before
must pay the tax due (page 1, line 8) in full next regular business day.
changing its tax year by filing Form 1128,
when they file their tax return, but no later than
Application To Adopt, Change, or Retain a Tax ● Use Form 1120-W, Estimated Tax for
the 15th day of the 3rd month after the end of
Year. However, under certain conditions, a Corporations, as a worksheet to compute
the tax year.
corporation (other than a personal service estimated tax.
corporation) may change its tax year without Depository Method of Tax Payment ● If the foreign corporation maintains an office
getting the consent. See Regulations section or place of business in the United States, and
1.442-1 and Pub. 538. The two methods of depositing corporate does not use EFTPS, use the deposit coupons
income taxes for corporations that do maintain (Forms 8109) to make deposits of estimated
Specified Foreign Corporations an office or place of business in the United tax.
States are discussed below.
The annual accounting period of a specified For more information on estimated tax
foreign corporation is generally required to be Electronic Deposit Requirement payments, including penalties that apply if the
the tax year of its majority U.S. shareholder. corporation fails to make required payments,
For more information, see section 898. If the corporation maintains an office or place see Line 7. Estimated Tax Penalty on page
of business in the United States, the 6.
A specified foreign corporation is any foreign corporation must make electronic deposits of
corporation: all depository tax liabilities that occur after Overpaid estimated tax. If the corporation
● That is treated as a controlled foreign
1999 if it deposited, in 1998, more than overpaid estimated tax, it may be able to get a
corporation under subpart F (sections 951 $200,000 in all Federal depository taxes (such quick refund by filing Form 4466, Corporation
through 964), or is a foreign personal holding as employment tax, excise tax, or corporate Application for Quick Refund of Overpayment
company (as defined in section 552); and income tax). If the corporation is already of Estimated Tax. The overpayment must be
● In which more than 50% of the total voting depositing electronically but its deposits did not at least 10% of the corporation's expected
power or value of all classes of stock of the exceed $200,000, the corporation may income tax liability and at least $500. File Form
corporation is treated as owned by a U.S. continue to do so, or it may make deposits with 4466 before the 16th day of the 3rd month after
shareholder (section 898(b)(2)). Form 8109, Federal Tax Deposit Coupon the end of the tax year, but before the
If the specified foreign corporation made an (below). Corporations that exceed the new corporation files its income tax return. Do not
election under section 898(c)(1)(B) or changed $200,000 threshold must continue to deposit file Form 4466 before the end of the
its tax year to conform to the tax year required electronically in all later years. corporation's tax year.
by section 898, see Rev. Proc. 90-26, 1990-1 The Electronic Federal Tax Payment System
C.B. 512. (EFTPS) must be used to make electronic Interest and Penalties
Any specified foreign corporation that wishes deposits. If the corporation is required to make Interest. Interest is charged on taxes paid late
to change to any U.S. tax year (or to change electronic deposits and fails to do so, it may even if an extension of time to file is granted.
to its pre-change year), must get the consent be subject to a 10% penalty. Interest is also charged on penalties imposed
of the IRS using the procedures of section 442 A corporation that is not required to make for failure to file, negligence, fraud, gross
and the related regulations. For more details, electronic deposits may voluntarily participate valuation overstatements, and substantial
see Notice 95-13, 1995-1 C.B. 296. in EFTPS. To enroll in EFTPS, call understatements of tax from the due date
1-800-555-4477 or 1-800-945-8400. For (including extensions) to the date of payment.
Rounding Off to Whole Dollars general information about EFTPS, call The interest charge is figured at a rate
1-800-829-1040. determined under section 6621.
The corporation may show amounts on the
return and accompanying schedules as whole Deposits With Form 8109 Penalty for late filing of return. A corporation
dollars. To do so, drop amounts less than 50 that does not file its tax return by the due date,
If the corporation maintains an office or place including extensions, may be penalized 5% of
cents and increase amounts from 50 cents of business in the United States and does not
through 99 cents to the next higher dollar. the unpaid tax for each month or part of a
use EFTPS, deposit corporate income tax month the return is late, up to a maximum of
payments (and estimated tax payments) with 25% of the unpaid tax. The minimum penalty
Recordkeeping Form 8109. Do not send deposits directly to an for a return that is over 60 days late is the
Keep the corporation's records for as long as IRS office. Mail or deliver the completed Form smaller of the tax due or $100. The penalty will
they may be needed for the administration of 8109 with the payment to a qualified depositary not be imposed if the corporation can show that
any provision of the Internal Revenue Code. for Federal taxes or to the Federal Reserve the failure to file on time was due to reasonable
Usually, records that support an item of bank (FRB) servicing the corporation's cause. Corporations that file late must attach
income, deduction, or credit on the return must geographic area. Make checks or money a statement explaining the reasonable cause.
be kept for 3 years from the date the return is orders payable to that depositary or FRB. To Penalty for late payment of tax. A
due or filed, whichever is later. Keep records help ensure proper crediting, write the corporation that does not pay the tax when due
that verify the corporation's basis in property for corporation's EIN, the tax period to which the generally may be penalized 1/2 of 1% of the
as long as they are needed to figure the basis deposit applies, and “Form 1120-F” on the unpaid tax for each month or part of a month
of the original or replacement property. check or money order. Be sure to darken the the tax is not paid, up to a maximum of 25%
“1120” box on the coupon. Records of these of the unpaid tax. The penalty will not be
The corporation should keep copies of all deposits will be sent to the IRS.
filed returns. They help in preparing future imposed if the corporation can show that the
returns and amended returns.

Page 4
failure to pay on time was due to reasonable ● Interest income received from a U.S. Rent and Royalty Income
cause. corporation or a resident alien individual, if 80% The source of rent and royalty income for the
Trust fund recovery penalty. This penalty or more of the U.S. corporation's (or resident use of property is determined based on where
may apply if certain excise, income, social alien individual's) gross income is active foreign the property is located.
security, and Medicare taxes that must be business income during the testing period.
collected or withheld are not collected or Active foreign business income is income Income From the Sale or Exchange of Real
withheld, or these taxes are not paid. These from sources outside the United States Estate
taxes are generally reported on Forms 720, attributable to the active conduct of a trade or The source of this income is determined based
941, 943, or 945. (See Other Forms, Returns, business in a foreign country or U.S. on where the property is located.
Schedules, and Statements That May be possession.
Required on page 2.) The trust fund recovery The testing period is generally the 3 tax Income From the Sale or Exchange of
penalty may be imposed on all persons who years of the U.S. corporation or resident alien Personal Property
are determined by the IRS to have been individual preceding the tax year during which Income from the sale of personal property by
responsible for collecting, accounting for, and the interest is paid. If the payer existed for a foreign corporation is sourced as follows:
paying over these taxes, and who acted willfully fewer than 3 years before the tax year of the ● Income from the purchase and sale of
in not doing so. The penalty is equal to the payment, the testing period is the term of the
unpaid trust fund tax. See the instructions for inventory property is generally sourced under
payer's existence before the current year. If the sections 861(a)(6) and 862(a)(6);
Form 720, Pub. 15 (Circular E), Employer's payment is made during the payer's first tax
● Income from the production and sale of
Tax Guide, or Pub. 51 (Circular A), Agricultural year, that year is the testing period.
Employer's Tax Guide, for details, including the ● The interest allowable as a deduction to a
inventory property is generally sourced under
definition of responsible persons. section 863(b)(2);
foreign corporation (under Regulations section
● Income from the sale of depreciable property
Other penalties. Other penalties can be 1.882-5) in figuring its effectively connected
imposed for negligence, substantial taxable income is treated as paid by a domestic is generally sourced under section 865(c); and
understatement of tax, and fraud. See sections ● Income from the sale of intangibles is
corporation. This interest is treated as U.S.
6662 and 6663. source interest, although the actual payer of generally sourced under section 865(d).
the interest is a foreign corporation. For more Foreign corporations with an office or fixed
Claim for Refund or Credit details, see Part II—Tax on Excess Interest place of business in the United States.
on page 16. Income from the sale of personal property
If a foreign corporation has only income that is Look-thru rule. If the foreign corporation is a attributable to such office or fixed place of
not effectively connected with the conduct of a related person to a U.S. corporation or business is U.S. source income regardless of
U.S. trade or business and Form 1120-F is resident alien individual that meets the 80% any of the above rules relating to the source
being used as a claim for refund or credit of tax rule described above, the foreign corporation of income from the sale or exchange of
paid or withheld at source, attach Form(s) will have foreign source income only when the personal property unless the foreign
1042-S, 8805, 8288-A, etc., to the return to income of the payer was from foreign sources. corporation is an export trade corporation (see
verify the amount(s) of withholding credit See section 861(c)(2)(B) for more information. sections 865(e)(2)(A) and 971).
reported. Include all income from U.S. sources Exception. Income from the sale of inventory
on the return, even though all tax due on it was Dividend Income property is foreign source income if the goods
paid or withheld at source. were sold for use, disposition, or consumption
The source of dividend income is usually
If the refund results from tax that was determined by the payer. outside the United States and a foreign office
withheld at source, a statement from the of the corporation materially participated in the
payer/withholding agent (or from an Example. Dividends paid by a corporation that
was incorporated in the United States are U.S. sale.
intermediate nominee acting on the
source income; and dividends paid by a
corporation's behalf as the foreign recipient of
corporation that was incorporated in a foreign
Other Special Rules
the income) may be substituted for Form
1042-S. The statement should show: country are foreign source income. Basis of Property and Inventory Costs for
● The amount(s) of tax withheld;
Exceptions. Dividends paid by a U.S. Property Imported by a Related Person
● The name(s) and address(es) of the U.S.
corporation are foreign source income:
● If the U.S. corporation has made a valid
If property is imported into the United States
withholding agent(s); by a related person in a transaction and the
election under section 936 (or section 30A),
● The U.S. tax identification number of the U.S.
relating to certain U.S. corporations operating property has a customs value, the basis or
withholding agent; in a U.S. possession, or inventory cost to the importer cannot exceed
● The name in which the tax was withheld, if the customs value. For more information, see
● To the extent the dividends are from qualified
different from the name of the taxpayer section 1059A.
export receipts described in section 993(a)(1)
claiming the refund or credit; and (other than interest and gains described in Income of Foreign Governments and
● If applicable, enough information to show that
section 995(b)(1)). International Organizations
the taxpayer was entitled to a reduced tax rate Dividends paid by a foreign corporation are
under a treaty. Income of foreign governments and
U.S. source income: international organizations from the following
● If the dividend is treated under section 243(e)
sources is generally not subject to taxation:
as a distribution from the accumulated profits ● Investments in the United States in stocks,
Special Rules for Foreign of a predecessor U.S. corporation; or bonds, or other domestic securities owned by
Corporations ● To the extent the foreign corporation's
such foreign government or international
effectively connected gross income for the organization.
Source Of Income Rules testing period (defined below) bears to all of the ● Interest on deposits in banks in the United
foreign corporation's gross income for the States of money belonging to such foreign
The source of income is important in testing period, but only if 25% or more of the
determining the extent to which income is government or international organization.
foreign corporation's gross income during the ● Investments in the United States in financial
taxable to foreign corporations. Each type of testing period was effectively connected with
income has its own sourcing rules. instruments held (by a foreign government) in
the conduct of a U.S. trade or business.
executing governmental financial or monetary
Interest Income The testing period is generally the 3 tax policy.
years of the foreign corporation payer
The source of interest income is usually Note: The income described in section
preceding the tax year during which it declared
determined by the residence of the obligor. 892(a)(2) that is received directly or indirectly
the dividend. If the foreign corporation existed
Example. Interest paid by an obligor who is from commercial activities is subject to both tax
for fewer than 3 years before the tax year of
a resident of the United States is U.S. source and withholding.
declaration, the testing period is the term of the
income, and interest paid by an obligor who is foreign corporation's existence before the
a resident of a country other than the United current year. If the foreign corporation declared
States is foreign source income.
Exceptions. The following types of interest
the dividend in its first tax year, that year is the Specific Instructions
testing period. Regardless of source, however,
income are treated as foreign source income: there is no tax imposed on any dividends paid
● Interest income received from foreign by a foreign corporation out of earnings and Period Covered
branches of U.S. banks and savings and loan profits for a tax year in which the foreign File the 1999 return for calendar year 1999 and
associations. corporation was subject to the branch profits fiscal years that begin in 1999 and end in 2000.
tax (determined after application of any income
tax treaty).

Page 5
For a fiscal year, fill in the tax year space at the Line 6g. Credit for Federal Tax on 1. Interest (other than original issue
top of the form. Fuels discount (OID) as defined in section 1273),
Note: The 1999 Form 1120-F may also be dividends, rents, royalties, salaries, wages,
Complete and attach Form 4136 if the premiums, annuities, compensation, and other
used if:
corporation qualifies to take this credit. FDAP gains, profits, and income.
● The corporation has a tax year of less than
12 months that begins and ends in 2000, and Credit for ozone-depleting chemicals. 2. Gains described in section 631(b) or (c),
Include on line 6g any credit the corporation is relating to disposal of timber, coal, or domestic
● The 2000 Form 1120-F is not yet available
claiming under section 4682(g)(2) for tax paid iron ore with a retained economic interest.
at the time the corporation is required to file its on ozone-depleting chemicals. Write “ODC” on
return. 3. On a sale or exchange of an OID
the dotted line to the left of the entry space. obligation, the amount of the OID accruing
The corporation must show its 2000 tax year
on the 1999 Form 1120-F and take into Line 6i. Total Payments while the obligation was held by the foreign
account any tax law changes that are effective corporation, unless this amount was taken into
for tax years beginning after December 31, Backup withholding. If the corporation had account on a payment.
1999. income tax withheld from any payments it 4. On a payment received on an OID
received, because, for example, it failed to give obligation, the amount of the OID accruing
the payer its correct EIN, include the amount while the obligation was held by the foreign
Address withheld in the total for line 6i. This type of corporation, if such OID was not previously
Include the suite, room, or other unit number withholding is called backup withholding. Show taken into account and if the tax imposed on
after the street address. If a preaddressed label the amount withheld in the blank space in the the OID does not exceed the payment received
is used, include this information on the label. If right-hand column between lines 5 and 6i, and less the tax imposed on any interest included
the Post Office does not deliver mail to the write “backup withholding.” in the payment received. This rule applies to
street address and the corporation has a P.O. payments received for OID obligations issued
box, show the box number instead. Line 7. Estimated Tax Penalty after March 31, 1972.
If a foreign address, enter the information A corporation that does not make estimated tax 5. Gains from the sale or exchange of
in the following order: city, province or state, payments when due may be subject to an patents, copyrights, and other intangible
and country. Follow the country's practice for underpayment penalty for the period of property if the gains are from payments that are
entering the postal Code. Please do not underpayment. Generally, a corporation is contingent on the productivity, use, or
abbreviate the country's name. subject to the penalty if its tax liability is $500 disposition of the property or interest sold or
If the corporation's address has changed or more, and it did not timely pay the smaller exchanged.
from the last time Form 1120-F was filed, check of: For rules that apply to other OID obligations,
the box at the top of page 1. ● 100% of its tax liability for 1999, or
see Pub. 515, Withholding of Tax on
Note: If a change in address occurs after the ● 100% of its prior year's tax. Nonresident Aliens and Foreign Corporations.
return is filed, use Form 8822, Change of See section 6655 for details and exceptions, Note: Certain portfolio interest and OID are
Address, to notify the IRS of the new address. including special rules for large corporations. not taxable for obligations issued after July 18,
Use Form 2220, Underpayment of 1984. See section 881(c) for more details.
Employer Identification Number Estimated Tax by Corporations, to see if the Important: For purposes of determining
corporation owes a penalty and to figure the whether its income is taxable under section
(EIN) amount of the penalty. Generally, the 881(a), a corporation created or organized in
Show the corporation's correct EIN. If the corporation does not have to file this form Guam, American Samoa, the Northern Mariana
corporation does not have an EIN, it should because the IRS can figure any penalty and Islands, or the U.S. Virgin Islands will not be
apply for one on Form SS-4, Application for bill the corporation for it. However, even if the treated as a foreign corporation if it meets the
Employer Identification Number. Form SS-4 corporation does not owe the penalty, complete rules of section 881(b).
can be obtained at Social Security and attach Form 2220 if:
Administration (SSA) offices, or by calling ● The annualized income or adjusted seasonal Line 9. Gross Transportation Income
1-800-TAX-FORM. If the corporation has not installment method is used; or
A 4% tax is imposed on a foreign corporation's
received its EIN by the time the return is due, ● The corporation is a large corporation
U.S. source gross transportation income for the
write “Applied for” in the space for the EIN. See computing its first required installment based tax year. U.S. source gross transportation
Pub. 583 for details. on the prior year's tax. (See the Form 2220 income generally is any gross income that is
instructions for the definition of a large transportation income if such income is treated
Computation of Tax Due or corporation.) as from U.S. sources.
If you attach Form 2220, check the box on
Overpayment line 7 of Form 1120-F and enter any penalty
Transportation income is any income from
or connected with:
on this line. ● The use (or hiring or leasing for use) of a
Line 4. Personal Holding Company Tax
vessel or aircraft, or
If the corporation is a personal holding ● The performance of services directly related
company (as defined in section 542) but not a Section I.—Certain Gains, to the use of a vessel or aircraft. (The term
foreign personal holding company, it must file
Schedule PH (Form 1120) with Form 1120-F Profits, and Income From U.S. “vessel or aircraft” includes any container used
in connection with a vessel or aircraft.)
and report the personal holding company tax Sources That Are NOT Generally, 50% of all transportation income
on line 4. See section 542 and Schedule PH Effectively Connected With the
(Form 1120) for details. that is attributable to transportation that either
Conduct of a Trade or Business begins or ends in the United States is treated
Line 6b. Estimated Tax Payments as from U.S. sources. See section 863(c)(2)(B)
in the United States for a special rule for personal service income.
Enter any estimated tax payments the
Include in Section I amounts received by the U.S. source gross transportation income
corporation made for the tax year.
foreign corporation that meet all of the does not include income that is:
Beneficiaries of trusts. If the corporation is following conditions: ● Effectively connected with the conduct of a
the beneficiary of a trust, and the trust makes ● The amount received is fixed or
a section 643(g) election to credit its estimated U.S. trade or business, or
determinable, annual or periodic (FDAP). See ● Taxable in a possession of the United States
tax payments to its beneficiaries, include the below.
corporation's share of the payment in the total under the provisions of the Internal Revenue
● The amount received is includible in the Code as applied to that possession.
for line 6b. Write “T” and the amount on the
dotted line next to the entry space. gross income of the foreign corporation. Transportation income of the corporation will
● The amount received is from U.S. sources not be treated as effectively connected income
Line 6f. Credit for Tax Paid on (see Source of Income Rules on page 5). unless:
Undistributed Capital Gains ● The amount received is not effectively ● The corporation has a fixed place of business

Enter the credit (from Form 2439, Notice to connected with the conduct of a U.S. trade or in the United States involved in the earning of
Shareholder of Undistributed Long-Term business. See Section II on page 7. transportation income, and
● The amount received is not exempt from ● Substantially all of the corporation's U.S.
Capital Gains) for the corporation's share of the
tax paid by a regulated investment company taxation. source gross transportation income
or a real estate investment trust on For more information, see section 881(a) (determined without regard to the rule that such
undistributed long-term capital gains included and Regulations section 1.881-2. income does not include effectively connected
in the corporation's income. Attach Form 2439 Amounts fixed or determinable, annual
to Form 1120-F. or periodic include:

Page 6
income) is attributable to regularly scheduled Personal service corporations that want to See section 1563(d)(1) for the definition of
transportation (or, in the case of income from change their tax year must also file Form 1128. stock for purposes of determining the stock
the leasing of a vessel or aircraft, is attributable If a corporation makes the section 444 ownership above.
to a fixed place of business in the United election, its deduction for certain amounts paid
States). to employee-owners may be limited. Get
For more information, see section 887. Schedule H (Form 1120), Section 280H Section II.—Income Effectively
Enter the foreign corporation's U.S. source Limitations for a Personal Service Corporation
gross transportation income on line 9, column (PSC), to figure the maximum deduction. Connected With the Conduct of
(b). Also, attach a statement showing the dates If a section 444 election is terminated and a Trade or Business in the
the vessels or aircraft entered or left the United the termination results in a short tax year, type United States
States and the amount of gross income for or print at the top of the first page of Form
each trip. 1120–F for the short tax year, “SECTION 444
ELECTION TERMINATED. ” See Temporary
Foreign Corporations Engaged in a
Regulations section 1.444-1T(a)(5) for more U.S. Trade or Business
Additional Information Required information. These corporations are taxed on their
For more information about personal service effectively connected income using the same
Be sure to complete all items at the bottom of corporations, see Temporary Regulations graduated tax rate schedule (see page 14) that
page 2 that apply to the corporation. section 1.441-4T. applies to domestic corporations. Effectively
Other rules. For other rules that apply to connected income can be U.S. source or
Item O—Personal Service Corporation foreign source.
personal service corporations, see Passive
A personal service corporation is a corporation activity limitations on page 9 and
whose principal activity for the testing period U.S. Source Effectively Connected Income
Contributions of property other than cash
(defined below) for the tax year is the on page 10. Fixed or determinable, annual or periodic
performance of personal services. The services (FDAP) items are generally effectively
must be substantially performed by Item P connected income (and are therefore includible
employee-owners. Employee-owners must own in Section II) if one or both of the following tests
more than 10% of the fair market value of the Show any tax-exempt interest received or
accrued. Include any exempt-interest dividends is met.
corporation's outstanding stock on the last day Asset-use test. The FDAP items are from
of the testing period. received as a shareholder in a mutual fund or
other regulated investment company. assets used in, or held for use in, the conduct
Testing period. Generally, the testing period of U.S. trade or business. For example, the
for a tax year is the prior tax year. The testing Item R following items are effectively connected
period for a new corporation starts with the first income:
Check this box if the corporation elects under
day of its first tax year and ends on the earlier ● Income earned on a trade or note receivable
section 172(b)(3) to forego the carryback
of: acquired in the conduct of the U.S. trade or
period for a net operating loss (NOL). If this
● The last day of its first tax year, or business.
box is checked, do not attach the statement
● The last day of the calendar year in which the ● Interest income earned from the temporary
described in Temporary Regulations section
first tax year began. 301.9100-12T(d). investment of funds needed in the foreign
Principal activity. The principal activity of a corporation's U.S. trade or business.
corporation is considered to be the Item S Business-activities test. The activities of the
performance of personal services if, during the Enter the amount of the NOL carryover to the U.S. trade or business were a material factor
testing period, the corporation's compensation tax year from prior years, even if some of the in the realization of the FDAP items.
costs for the performance of personal services loss is used to offset income on this return. The If neither test is met, FDAP items are
(defined below), are more than 50% of its total amount to enter is the total of all NOLs generally not effectively connected income
compensation costs. generated in prior years but not used to offset (and are therefore includible in Section I
Performance of personal services. Personal income (either as a carryback or carryover) to instead of Section II).
services are those performed in the health, law, a tax year prior to 1999. Do not reduce the For more information, see section 864(c)(2)
engineering, architecture, accounting, actuarial amount by any NOL deduction reported on and the examples in Regulations section
science, performing arts, or consulting fields page 3, Section II, line 30a. 1.864-4(c).
(as defined in Temporary Regulations section Pub. 536, Net Operating Losses, has a U.S. source income other than FDAP items
1.448-1T(e)). The term “performance of worksheet for figuring a corporation's NOL is effectively connected income.
personal services ” includes any activity carryover.
involving the performance of personal services Foreign Source Effectively Connected
in these fields. Item T Income
Substantial performance by Check the “Yes” box if the corporation is a Foreign source income is generally not
employee-owners. Personal services are subsidiary in a parent-subsidiary controlled effectively connected income. However, if the
substantially performed by employee-owners if, group. This applies even if the corporation is a foreign corporation has an office or other fixed
for the testing period, more than 20% of the subsidiary member of one group and the parent place of business in the United States, the
corporation's compensation cost for the corporation of another. following types of foreign source income it
performance of personal services are for Note: If the corporation is an “excluded receives from that U.S. office are effectively
services performed by employee-owners. member” of a controlled group (see section connected income:
Employee-owner. A person is considered to 1563(b)(2)), it is still considered a member of ● Rents or royalties received for the use
be an employee-owner if the person: a controlled group for this purpose. outside the United States of intangible personal
● Is an employee of the corporation on any day A parent-subsidiary controlled group is property described in section 862(a)(4) if from
of the testing period, and one or more chains of corporations connected the active conduct of a U.S. trade or business;
● Owns any outstanding stock of the through stock ownership (section 1563(a)(1)). ● Dividends or interest from foreign sources if
corporation on any day of the testing period. Both of the following requirements must be from the active conduct of a U.S. banking,
Stock ownership is determined under the met: financing, or similar business, OR if the
attribution rules of section 318 (except that 1. 80% of the total combined voting power principal business of the foreign corporation is
“any” is substituted for “50%” in section of all classes of stock entitled to vote or at least trading in stocks or securities for its own
318(a)(2)(C)). 80% of the total value of all classes of stock account; or
Accounting period. A personal service of each corporation in the group (except the ● Income from the sale or exchange of
corporation must use a calendar tax year parent) must be owned by one or more of the inventory outside the United States through the
unless: other corporations in the group. U.S. office, unless the property is sold or
● It can establish a business purpose for a 2. The common parent must own at least exchanged for use, consumption, or disposition
different tax year (see Rev. Proc. 87-32, 80% of the total combined voting power of all outside the United States and an office of the
1987-2 C.B. 396, and Rev. Rul 87-57, 1987-2 classes of stock entitled to vote or at least 80% foreign corporation in a foreign country
C.B. 117), or of the total value of all classes of stock of at materially participated in the sale.
● It elects under section 444 to have a tax year least one of the other corporations in the group. See section 864(c)(5)(A) and Regulations
other than a calendar year. To make the Stock owned directly by other members of the section 1.864-7 for definition of office or other
election, get Form 8716, Election To Have a group is not counted when computing the fixed place of business in the United States.
Tax Year Other Than a Required Tax Year. voting power or value. See sections 864(c)(5)(B) and (C) and
Regulations section 1.864-6 for special rules
for determining when foreign source income

Page 7
received by a foreign corporation is from an Disposition of U.S. Real Property Line 2. Cost of Goods Sold
office or other fixed place of business in the Interest by a Foreign Corporation See the instructions for Schedule A on page
United States. 12.
A foreign corporation that disposes of a U.S.
Foreign insurance companies. Foreign real property interest (as defined in section
source income of a foreign insurance company Line 4. Dividends
897(c)) must treat the gain or loss from the
that is attributable to its U.S. trade or business disposition as effectively connected income, See instructions for Schedule C on page 13.
is effectively connected income. even if the corporation is not engaged in a U.S.
Exceptions. Foreign source income that trade or business. Figure this gain or loss on Line 5. Interest
would otherwise be effectively connected Schedule D (Form 1120), Capital Gains and Enter taxable interest on U.S. obligations and
income under any of the above rules for foreign Losses. Carry the result to Section II, line 8, on loans, notes, mortgages, bonds, bank
source income is excluded if: on page 3 of Form 1120-F. deposits, corporate bonds, tax refunds, etc.
● It is foreign source dividends, interest, or
A foreign corporation may elect to be Do not offset interest expense against
royalties paid by a foreign corporation in which treated as a domestic corporation for purposes interest income.
the taxpayer owns or is considered to own of sections 897 and 1445. See sections 897(i)
(within the meaning of section 958) 50% or and 882(d). Line 6. Gross Rents
more of the total combined voting power of all See Temporary Regulations section Enter the gross amount received for the rental
classes of stock entitled to vote; or 1.897-5T for the applicability of section 897 to of property. Deduct expenses such as repairs,
● The taxpayer is a controlled foreign
reorganizations and liquidations. interest, taxes, and depreciation on the proper
corporation (as defined in section 957) and the If the corporation had income tax withheld lines for deductions. A rental activity held by a
foreign source income is subpart F income (as on Form 8288-A, include the amount withheld closely held corporation or a personal service
defined in section 952). in line 6h, page 1. corporation may be subject to the passive
For more information, see section 864(c)(4) activity loss rules. See Form 8810 and its
and Regulations section 1.864-5. instructions.
Income
Foreign Corporations NOT Engaged in Line 8. Capital Gain Net Income
a U.S. Trade or Business Line 1. Gross Receipts
Every sale or exchange of a capital asset must
Report income in Section II only if these Enter gross income effectively connected with be reported in detail on Schedule D (Form
corporations: the conduct of a U.S. trade or business (except 1120), Capital Gains and Losses, even though
● Had current year income or gain from a sale
those income items that must be reported on no gain or loss is indicated. In computing the
lines 4 through 10). For reporting advance adjustments to the accumulated earnings tax
or exchange of property or from performing payments, see Regulations section 1.451-5. To
services (or any other transaction) in any other under section 535(b)(6), foreign corporations
report income from long-term contracts, see must only include capital gains and losses that
tax year and would have been effectively section 460.
connected income in that other tax year (see are effectively connected with a U.S. trade or
section 864(c)(6)); Installment sales. Generally, the installment business.
● Had current year income or gain from a
method cannot be used for dealer dispositions
of property. A “dealer disposition” means any Line 10. Other Income
disposition of property that is no longer used disposition of personal property by a person
or held for use in conducting a U.S. trade or Enter any other taxable income not reported
who regularly sells or otherwise disposes of on lines 1 through 9. List the type and amount
business within the 10-year period before the property of the same type on the installment
disposition and would have been effectively of income on an attached schedule. If the
plan. The disposition of property used or corporation has only one item of other income,
connected income immediately before such produced in the farming business is not
cessation (see section 864(c)(7)); describe it in parentheses on line 10. Examples
included as a dealer disposition. See section of other income to report on line 10 are:
● Elected to treat real property income as
453(l) for details and exceptions. ● Any adjustment under section 481(a)
effectively connected income (see below); Enter on line 1 (and carry to line 3) the gross
● Were created or organized and are
required to be included in income during the
profit on collections from installment sales for current tax year due to a change in a method
conducting a banking business in a U.S. any of the following: of accounting.
possession, and receive interest on U.S. ● Dealer dispositions of property before March ● Recoveries of bad debts deducted in prior
obligations that is not portfolio interest (see 1, 1986.
section 882(e)); or years under the specific charge-off method.
● Dispositions of property used or produced in ● The credit for alcohol used as fuel
● Had gain or loss from disposing of a U.S. real
the trade or business of farming. (determined regardless of the limitation based
property interest (see below).
● Certain dispositions of timeshares and on tax) that was entered on Form 6478, Credit
Election to Treat Real Property Income residential lots reported under the installment for Alcohol Used as Fuel.
as Effectively Connected Income method. ● Refunds of taxes deducted in prior years if
Attach a schedule showing the following they reduced income subject to tax in the year
A foreign corporation that receives, during the information for the current and the 3 preceding deducted (see section 111). Do not offset
tax year, any income from real property located years: (a) gross sales, (b) cost of goods sold, current year taxes against tax refunds.
in the United States, or from any interest in (c) gross profits, (d) percentage of gross profits ● The amount of any deduction previously
such real property, may elect, for the tax year, to gross sales, (e) amount collected, and
to treat all such income as effectively taken under section 179A that is subject to
(f) gross profit on the amount collected. recapture. The corporation must recapture the
connected income. Income to which this
election applies includes: For sales of timeshares and residential lots benefit of any allowable deduction for
reported under the installment method, the clean-fuel vehicle property (or clean-fuel
● Gains from the sale or exchange of real
corporation's income tax is increased by the vehicle refueling property), if the property later
property or an interest therein; interest payable under section 453(l)(3). To ceases to qualify. See Regulations section
● Rents or royalties from mines, wells, or other
report this addition to the tax, see the 1.179A-1 for details.
natural deposits; and instructions for Schedule J, line 11 on page 15. ● Ordinary income from trade or business
● Gain described in sections 631(b) or (c).
Nonaccrual experience method. Accrual activities of a partnership from Schedule K-1
The election may be made whether or not basis taxpayers do not need to accrue certain (Form 1065 or 1065-B).
the corporation is engaged in a U.S. trade or amounts to be received from performing
business during the tax year for which the services that, on the basis of their experience, Deductions
election is made or whether or not the will not be collected (section 448(d)(5)). This
corporation has income from real property that, provision does not apply to any amount if Important. In computing the taxable income
for the tax year, is effectively connected with interest is required to be paid on that amount of a foreign corporation engaged in a U.S.
the conduct of a U.S. trade or business. or if there is any penalty for failure to timely pay trade or business, deductions are allowed only
To make the election: that amount. Corporations that fall under this if they are connected with income effectively
● Figure the tax on this income in Section II. provision should attach a schedule showing connected with the conduct of a trade or
total gross receipts, the amount not accrued business in the United States. Charitable
● Attach a statement that includes the
as a result of the application of section contributions, however, may be deducted
information required in Regulations section whether or not they are so connected. See
1.871-10(d)(1)(ii) to Form 1120-F for the first 448(d)(5), and the net amount accrued. Enter
the net amount on line 1a. For more section 882(c) and Regulations section
tax year for which the election is to apply. 1.882-4(b) for more information.
information and guidelines on this “nonaccrual
experience method,” see Temporary
Regulations section 1.448-2T.

Page 8
Apportionment of Expenses limitations on deductions for unpaid interest used to figure the credit by the amount of the
Expenses that are directly related to a class of and expenses. current year credit:
Section 291 limitations. Corporations may ● Work opportunity credit.
gross income (including tax-exempt income)
must be allocated to that class of gross income. be required to adjust deductions for depletion ● Research credit.
Expenses not directly related to a class of of iron ore and coal, intangible drilling and ● Enhanced oil recovery credit.
gross income should be allocated to all classes exploration and development costs, certain ● Disabled access credit.
of income based on the ratio of gross income deductions for financial institutions, and the ● Empowerment zone employment credit.
in each class of income to total gross income, amortizable basis of pollution control facilities.
● Indian employment credit.
or some other ratio that clearly relates to the See section 291 to determine the amount of
adjustment. Also see section 43. ● Employer credit for social security and
classes of income. See Regulations section
1.861-8 and Temporary Regulations section Golden parachute payments. A portion of Medicare taxes paid on certain employee tips.
1.861-8T for more information. the payments made by a corporation to key ● Orphan drug credit.

Attach a schedule showing each class of personnel that exceeds their usual ● Welfare-to-work credit.

gross income, and the expenses directly compensation may not be deductible. This If the corporation has any of these credits,
allocable to each class. For expenses that are occurs when the corporation has an agreement be sure to figure each current year credit
not directly allocable to a class of gross (golden parachute) with these key employees before figuring the deduction for expenses on
income, show the computation of the expense to pay them these excessive amounts if control which the credit is based.
allocated to each class. of the corporation changes. See section 280G.
Business startup expenses. Business Line 12. Compensation of Officers
Limitations on Deductions startup expenses must be capitalized unless Complete Schedule E if total receipts (line 1a,
Section 263A uniform capitalization rules. an election is made to amortize them over a plus lines 4 through 10, on page 3 of Form
The uniform capitalization rules of section 263A period of 60 months. See section 195 and 1120-F) are $500,000 or more. Do not include
require corporations to capitalize or include as Regulations section 1.195-1. compensation claimed elsewhere on the return,
inventory costs certain costs incurred in Passive activity limitations. Limitations on such as amounts included in cost of goods
connection with: passive activity losses and credits under sold, elective contributions to a section 401(k)
● The production of real and tangible personal section 469 apply to personal service cash or deferred arrangement, or amounts
property held in inventory or held for sale in the corporations as defined in Temporary contributed under a salary reduction SEP
ordinary course of business. Regulations section 1.441-4T (see Item agreement or a SIMPLE IRA plan.
● Real property or personal property (tangible O—Personal Service Corporation on page Include only the deductible part of officers'
and intangible) acquired for resale. 7), and closely held corporations (defined compensation on Schedule E. (See
● The production of real property or tangible
below). Disallowance of deduction for employee
personal property by a corporation for use in its Generally, two kinds of passive activities compensation in excess of $1 million
trade or business or in an activity engaged in are: below.) Complete line 1, columns (a) through
for profit. ● Trade or business activities (defined below) (f), for all officers. The corporation determines
in which the corporation did not materially who is an officer under the laws where
Tangible personal property produced by a
participate for the tax year (see Temporary incorporated.
corporation includes a film, sound recording,
video tape, book, or similar property. Regulations section 1.469-1T(g)(3)); and Disallowance of deduction for employee
Corporations subject to these rules are ● Rental activities regardless of its compensation in excess of $1 million.
required to capitalize: participation. Publicly held corporations may not deduct
For exceptions, see Form 8810. compensation to a “covered employee” to the
1. Direct costs, and extent that the compensation exceeds $1
2. An allocable portion of most indirect An activity is a trade or business activity
million. Generally, a covered employee is:
costs (including taxes) that (a) benefit the if the activity is not a rental activity, and
● The chief executive officer of the corporation
assets produced or acquired for resale, or (b) involves:
● The conduct of a trade or business (i.e.,
(or an individual acting in that capacity) as of
are incurred by reason of the performance of the end of the tax year; and
production or resale activities. deductions from the activity would be allowable
● An employee whose total compensation must
See Regulations section 1.263A-1(e) for under section 162 if other limitations, such as
the passive loss rules, did not apply); or be reported to shareholders under the
indirect expenses that must be capitalized and Securities Exchange Act of 1934 because the
those that may be currently deductible. ● Research and experimental costs that are
employee is among the four highest
Interest expense paid or incurred during deductible under section 174 (or would be
compensated officers for that tax year (other
the production period of designated property deductible if the corporation chose to deduct
than the chief executive officer).
must be capitalized and is governed by special rather than capitalize them).
For this purpose, compensation does not
rules. For more details, see Regulations Corporations subject to the passive activity
include the following:
sections 1.263A-8 through 1.263A-15. limitations must complete Form 8810 to
● Income from certain employee trusts, annuity
The costs required to be capitalized under compute their allowable passive activity loss
and credit. Before completing Form 8810, see plans, or pensions; and
section 263A are not deductible until the ● Any benefit paid to an employee that is
property to which the costs relate is sold, used, Temporary Regulations section 1.163-8T,
or otherwise disposed of by the corporation. which provides rules for allocating interest excluded from the employee's income.
expense among activities. If a passive activity The deduction limit does not apply to:
Exceptions. Section 263A does not apply to:
is also subject to the earnings stripping rules ● Commissions based on individual
● Personal property acquired for resale if the
of section 163(j) or the at-risk rules of section performance;
corporation's annual average gross receipts for 465, those rules apply before the passive loss ● Qualified performance-based compensation;
the 3 prior tax years are $10 million or less; rules. For more information, see section 469,
● Timber;
and
the related regulations, and Pub. 925, Passive ● Income payable under a written, binding
● Most property produced under a long-term Activity and At-Risk Rules. contract in effect on February 17, 1993.
contract; Closely held corporations. For this
● Certain property produced in a farming
The $1 million limit is reduced by amounts
purpose, a corporation is a closely held disallowed as excess parachute payments
business; corporation if: under section 280G.
● Research and experimental costs under ● At any time during the last half of the tax year
For details, see section 162(m) and
section 174; more than 50% in value of its outstanding stock Regulations section 1.162-27.
● Intangible drilling costs for oil, gas, and is owned, directly or indirectly, by or for not
geothermal property; more than five individuals; and Line 13. Salaries and Wages
● Mining exploration and developmental costs. ● The corporation is not a personal service
Enter the amount of salaries and wages paid
For more details on the uniform corporation. for the tax year, reduced by any:
capitalization rules, see Regulations sections Certain organizations are treated as ● Work opportunity credit from Form 5884,
1.263A-1 through 1.263A-3. individuals for purposes of this test. (See
● Empowerment zone credit from Form 8844,
Transactions between related taxpayers. section 542(a)(2).) For rules of determining
● Indian employment credit from Form 8845,
Generally, an accrual basis taxpayer may only stock ownership, see section 544 (as modified
by section 465(a)(3)). and
deduct business expenses and interest owed ● Welfare-to-work credit from Form 8861.
to a related party in the year the payment is Reducing certain expenses for which
included in the income of the related party. credits are allowable. For each credit listed See the instructions for these forms for more
See sections 163(e)(3), 163(j), and 267 for below, the corporation must reduce the information. Do not include salaries and wages
otherwise allowable deductions for expenses deductible elsewhere on the return, such as
amounts included in cost of goods sold,

Page 9
elective contributions to a section 401(k) cash See section 906(b)(1) for rules concerning by the board of directors during the tax year.
or deferred arrangement, or amounts certain foreign taxes imposed on income from Attach a declaration to the return, signed by an
contributed under a salary reduction SEP U.S. sources that may not be deducted or officer, stating that the resolution authorizing
agreement or a SIMPLE IRA plan. credited. the contributions was adopted by the board of
directors during the tax year. Also attach a
If the corporation provided taxable fringe Line 18. Interest copy of the resolution.
! benefits to its employees, such as
CAUTION personal use of a car, do not deduct as
Important: In determining the amount of Limitation on deduction. The total amount
wages the amount allocated for depreciation interest expense disallowed under section 265 claimed may not exceed 10% of taxable
and other expenses claimed on lines 20 and or 163(j), deferred under section 163(e) or income (Section II, line 31) computed without
27. 267(a)(3), or capitalized under section 263A regard to the following:
from a U.S. trade or business, take into ● Any deduction for contributions;
Line 14. Repairs and Maintenance account only the amount of interest expense ● The special deductions on line 30b;
allocable to effectively connected income under ● The deduction allowed under section 249;
Enter the cost of incidental repairs and Regulations section 1.882-5.
maintenance not claimed elsewhere on the ● Any net operating loss (NOL) carryback to
return, such as labor and supplies, that do not Note: The deduction for interest is limited the tax year under section 172; and
add to the value of the property or appreciably when the corporation is a policyholder or ● Any capital loss carryback to the tax year
prolong its life. New buildings, machinery, or beneficiary with respect to a life insurance,
endowment, or annuity contract issued after under section 1212(a)(1).
permanent improvements that increase the Carryover. Charitable contributions over
value of the property are not deductible. They June 8, 1997. For details, see section 264(f).
Attach a schedule showing the computation of the 10% limitation may not be deducted for the
must be depreciated or amortized. tax year but may be carried over to the next 5
the deduction.
Line 15. Bad Debts All foreign corporations (including tax years.
corporations that are residents of countries with Special rules apply if the corporation has an
Enter the total debts that became worthless in
which the U.S. has an income tax treaty) must NOL carryover to the tax year. In figuring the
whole or in part during the tax year. A small
use the 3-step process described in charitable contributions deduction for the tax
bank or thrift institution using the reserve
Regulations 1.882-5 to allocate interest. In year, the 10% limit is applied using the taxable
method of section 585 should attach a
addition, all corporations must attach a income after the deduction for the NOL.
schedule showing how it arrived at the current
year's provision. schedule showing how the deduction was To figure the amount of any remaining NOL
determined, using the exclusive rules outlined carryover to later years, taxable income must
A cash basis taxpayer may not claim a in the regulations. be modified (see section 172(b)). To the extent
! bad debt deduction unless the amount
was previously included in income.
The interest expense allocable to effectively that contributions are used to reduce taxable
CAUTION
connected income is the sum of: income for this purpose and increase an NOL
● The interest paid or accrued by the foreign
carryover, a contributions carryover is not
Line 16. Rents allowed. See section 170(d)(2)(B).
corporation on its liabilities booked in the U.S.,
If the corporation rented or leased a vehicle, adjusted under the 3-step process described in Substantiation requirements. Generally, no
enter the total annual rent or lease expense Regulations section 1.882-5; and deduction is allowed for any contribution of
paid or incurred during the year. Also complete ● Any interest directly allocated to income from
$250 or more unless the corporation gets a
Part V of Form 4562, Depreciation and written acknowledgment from the donee
Amortization. If the corporation leased a an asset (see Regulations section
1.882-5(a)(1)(ii)). organization that shows the amount of cash
vehicle for a term of 30 days or more, the contributed, describes any property
deduction for vehicle lease expense may have In determining the amount of interest contributed, and gives a description and a good
to be reduced by an amount called the expense allocable to effectively connected faith estimate of the value of any goods or
inclusion amount. The corporation may have income (Step 3 of the process), the corporation services provided in return for the contribution.
an inclusion amount if: may use either: The acknowledgment must be obtained by the
● The adjusted booked liabilities method
due date (including extensions) of the
(Regulations section 1.882-5(d)), or corporation's return, or if earlier, the date the
And the vehicle's fair
● The separate currency pools method return is filed. Do not attach the
market value on the first
The lease term began: day of the lease exceeded: (Regulations section 1.882-5(e)). acknowledgment to the tax return, but keep it
After 12/31/98 ................................................ $15,500 Generally, once a method is elected, it must with the corporation's records. These rules
After 12/31/96 but before 1/1/99.................... $15,800 be used for a consecutive 5- year period. apply in addition to the filing requirements for
After 12/31/94 but before 1/1/97.................... $15,500 Indicate the method used. Form 8283 described below.
After 12/31/93 but before 1/1/95.................... $14,600 If the separate currency pool method is For more information on substantiation and
If the lease term began before January 1, 1994, or, used, attach a schedule showing the following: recordkeeping requirements, see the
the leased vehicle was an electric vehicle, get Pub. 1. The currency denomination of each regulations under section 170 and Pub. 526,
463, Travel, Entertainment, Gift, and Car Expenses, currency pool in which U.S. assets are Charitable Contributions.
to find out if the corporation has an inclusion amount.
denominated; Contributions to organizations conducting
See Pub. 463 for instructions on figuring the 2. The amount of U.S.-connected liabilities lobbying activities. Contributions made to an
inclusion amount. in each currency pool; and organization that conducts lobbying activities
3. The average rate of interest paid on are not deductible if:
Line 17. Taxes and Licenses ● The lobbying activities relate to matters of
liabilities by all branches and offices of the
Enter taxes paid or accrued during the tax year, foreign corporation world-wide in each currency direct financial interest to the donor's trade or
but do not include the following: pool. The corporation may convert any business, and
● Federal income taxes. currency pool in which it holds less than 3% of ● The principal purpose of the contribution was
● Foreign or U.S. possession income taxes if its U.S. assets for the year in U.S. dollars, and to avoid Federal income tax by obtaining a
a tax credit is claimed. apply the U.S. dollar interest rate. See deduction for activities that would have been
● Taxes not imposed on the corporation. Regulations 1.882-5(e). nondeductible under the lobbying expense
● Taxes, including state or local sales taxes,
rules if conducted directly by the donor.
Line 19. Charitable Contributions Contributions of property other than cash.
that are paid or incurred in acquiring or
disposing of property (these taxes must be Note: This deduction is allowed for all If a corporation (other than a closely held or
treated as a part of the cost of the acquired contributions, whether or not connected with personal service corporation) contributes
property or, in the case of a disposition, as a income that is effectively connected with the property other than cash and claims over a
reduction in the amount realized on the conduct of a trade or business in the United $500 deduction for the property, it must attach
disposition). States. See section 882(c)(1)(B). a schedule to the return describing the kind of
● Taxes assessed against local benefits that Enter contributions or gifts actually paid property contributed and the method used to
increase the value of the property assessed within the tax year to or for the use of charitable determine its fair market value. Closely held
(such as for paving, etc.). and governmental organizations described in corporations and personal service corporations
section 170(c) and any unused contributions must complete Form 8283, Noncash
● Taxes deducted elsewhere on the return,
carried over from prior years. Charitable Contributions, and attach it their
such as those reflected in cost of goods sold. returns. All other corporations must generally
See section 164(d) for apportionment of Corporations reporting taxable income on
the accural method may elect to treat as paid complete and attach Form 8283 for
taxes on real property between seller and contributions of property (other than money) if
purchaser. during the tax year any contributions paid by
the 15th day of the 3rd month after the end of the total claimed deduction for all property
the tax year if the contributions were authorized contributed was more than $5,000.

Page 10
If the corporation made a “qualified Note: Contributions of computer technology ● Dividends paid in cash on stock held by an
conservation contribution” under section or equipment to private foundations may be employee stock ownership plan. However, a
170(h), also include the fair market value of the treated as qualified elementary or secondary deduction may only be taken if, according to
underlying property before and after the educational contributions if certain the plan, the dividends are:
donation, as well as the type of legal interest requirements are met. See section 1. Paid in cash directly to the plan
contributed, and describe the conservation 170(e)(6)(C). participants or beneficiaries;
purpose furthered by the donation. If a 2. Paid to the plan, which distributes them
contribution carryover is included, show the Line 20. Depreciation
in cash to the plan participants or their
amount and how it was determined. In addition to depreciation, include on line 20 beneficiaries, no later than 90 days after the
Reduced deduction for contributions of the part of the cost that the corporation elected end of the plan year in which the dividends are
certain property. For a charitable contribution to expense under section 179 for certain paid; or
of property, reduce the contribution by the sum tangible property placed in service during tax 3. Used to make payments on a loan
of: year 1999, or carried over from 1998. See described in section 404(a)(9).
● The ordinary income and short-term capital Form 4562, Depreciation and Amortization, See section 404(k) for more details and the
gain that would have resulted if the property and its instructions. limitation on certain dividends.
were sold at its fair market value; and Travel, meals, and entertainment. Subject to
Line 23. Depletion
● For certain contributions, the long-term limitations and restrictions discussed below, a
capital gain that would have resulted if the See sections 613 and 613A for percentage corporation can deduct ordinary and necessary
property were sold at its fair market value. depletion rates applicable to natural deposits. travel, meals, and entertainment expenses paid
The reduction for the long-term capital gain Also, see section 291 for the limitation on the or incurred in its trade or business. Also,
applies to: depletion deduction for iron ore and coal special rules apply to deductions for gifts,
● Contributions of tangible personal property
(including lignite). skybox rentals, luxury water travel, convention
for use by an exempt organization for a Attach Form T (Timber), Forest Activities expenses, and entertainment tickets. See
purpose or function unrelated to the basis for Schedules, if a deduction for depletion of section 274 and Pub. 463 for more details.
its exemption; and timber is claimed. Travel. The corporation cannot deduct
● Contributions of any property to or for the use Foreign intangible drilling costs and foreign travel expenses of any individual
of certain private foundations, except for stock exploration and development costs must either accompanying a corporate officer or employee,
for which market quotations are readily be added to the corporation's basis for cost including a spouse or dependent of the officer
available (section 170(e)(5)). depletion purposes or be deducted ratably over or employee, unless:
a 10-year period. See sections 263(i), 616, and ● That individual is an employee of the
Larger deduction. A larger deduction is 617 for details.
allowed for certain contributions of: corporation, and
● Inventory and other property to certain Line 25. Pension, Profit-sharing, etc., Plans ● His or her travel is for a bona fide business

organizations for use in the care of the ill, purpose and would otherwise be deductible by
Enter the deduction for contributions to that individual.
needy, or infants (see section 170(e)(3) and qualified pension, profit-sharing, or other
Regulations section 1.170A-4A); funded deferred compensation plans. Meals and entertainment. Generally, the
● Scientific equipment used for research to
Employers who maintain such a plan generally corporation can deduct only 50% of the amount
institutions of higher learning or to certain must file one of the forms listed below, even if otherwise allowable for meals and
scientific research organizations (other than by the plan is not a qualified plan under the entertainment expenses paid or incurred in its
personal holding companies and service Internal Revenue Code. The filing requirement trade or business. In addition (subject to
organizations)(see section 170(e)(4)); and applies even if the corporation does not claim exceptions under section 274(k)(2)):
● Computer technology and equipment to ● Meals must not be lavish or extravagant;
a deduction for the current tax year. There are
schools. penalties for failure to file these forms on time ● A bona fide business discussion must occur

Contributions of computer technology and for overstating the pension plan deduction. during, immediately before, or immediately
and equipment to schools. A corporation For more information, see sections 6652(e) and after the meal; and
may take an increased deduction under section 6662(f). ● An employee of the corporation must be
170(e)(6) for qualified contributions of Form 5500, Annual Return/Report of present at the meal.
computer technology or equipment for Employee Benefit Plan. File this form for a plan See section 274(n)(3) for a special rule that
elementary or secondary school purposes. A that is not a one-participant plan (see below). applies to expenses for meals consumed by
contribution is a qualified contribution if: Form 5500-EZ, Annual Return of individuals subject to the hours of service limits
● It is made to an eligible donee (see below); One-Participant (Owners and Their Spouses) of the Department of Transportation.
● Substantially all of the donee property's use Retirement Plan. File this form for a plan that Membership dues. Corporations may
is: only covers the owner (or the owner and his deduct amounts paid or incurred for
1. Related to the purpose or function of the or her spouse) but only if the owner (or the membership dues in civic or public service
donee; owner and his or her spouse) owns the entire organizations, professional organizations (such
2. For use within the United States; and business. as bar and medical associations), business
3. For educational purposes in any grade leagues, trade associations, chambers of
Line 26. Employee Benefit Programs commerce, boards of trade, and real estate
K-12.
● The contribution is made not later than 2
Enter contributions to employee benefit boards. However, no deduction is allowed if a
programs not claimed elsewhere on the return principal purpose of the organization is to
years after the date the taxpayer acquired or (e.g., insurance, health, and welfare programs, entertain or provide entertainment facilities for
substantially completed the construction of the etc.) that are not an incidental part of a members or their guests. In addition,
property; pension, profit-sharing, etc., plan included on corporations may not deduct membership dues
● The original use of the property is by the
line 25. in any club organized for business, pleasure,
donor or the donee; recreation, or other social purpose. This
● The property is not transferred by the donee Line 27. Other Deductions includes country clubs, golf and athletic clubs,
for money, services, or other property, except Note: Do not deduct fines and penalties paid airline and hotel clubs, and clubs operated to
for shipping, transfer, and installation costs; to a government for violating any law. provide meals under conditions favorable to
and Attach a schedule listing by type and business discussion.
● The property fits productively into the Entertainment facilities. The corporation
amount, all allowable deductions that are not
donee's education plans. deductible elsewhere on Form 1120-F. cannot deduct an expense paid or incurred for
Eligible donee. The term “eligible donee” Generally, a deduction may not be taken for a facility (such as a yacht or hunting lodge)
means: any amount that is allocable to a class of used for an activity usually considered
● An educational organization that normally exempt income. See section 265(b) for amusement, entertainment, or recreation.
maintains a regular faculty and curriculum and exceptions. Note: The corporation may be able to deduct
has a regularly enrolled body of pupils in Examples of amounts to include are: otherwise nondeductible meals, travel, and
attendance at the place where its educational ● The deduction for amortization of pollution entertainment expenses if the amounts are
activities are regularly conducted; or control facilities, organization expenses, etc. treated as compensation and reported on Form
● A section 501(c)(3) entity organized primarily
See Form 4562. W-2 for an employee or on Form 1099-MISC
for purposes of supporting elementary and ● Ordinary losses from trade or business
for an independent contractor.
secondary education. activities of a partnership from Schedule K-1
(Form 1065 or 1065-B).

Page 11
Deduction for clean-fuel vehicles and the general rule, see Special carryback extension below). Also, see sections
certain refueling property. Section 179A period for certain losses below. 172(b)(1)(G) and 172(i).
allows a deduction for part of the cost of Enter on line 30a the total NOL carryovers Automatic extension. If the corporation
qualified clean-fuel vehicle property and from prior tax years, but do not enter more than timely filed its return for the loss year without
qualified clean-fuel vehicle refueling property the corporation's taxable income (after special making the election for Specified liability
placed in service during the tax year. For more deductions). An NOL deduction cannot be losses or Farming losses above, the
information, see Pub. 535. taken in a year in which the corporation has a corporation may still make the election by filing
Lobbying expenses. Generally, lobbying negative taxable income. Attach a schedule an amended return within 6 months of the due
expenses are not deductible. These expenses showing the computation of the NOL deduction. date of the loss year return (excluding
include: Also complete Item S at the bottom of page 2 extensions). Attach the election to the
● Amounts paid or incurred in connection with of the form. amended return and write “Filed pursuant to
influencing Federal or state legislation (but not For more details on the NOL deduction, get section 301.9100-2” on the election statement.
local legislation), or Pub. 536, Net Operating Losses. File the amended return at the same address
● Amounts paid or incurred in connection with Carryback and carryover rules. To carry the original return was filed. Once made, the
any communication with certain Federal back the loss and obtain a quick refund of election is irrevocable.
executive branch officials in an attempt to taxes, use Form 1139, Corporation Application ● Eligible losses. The part of an NOL that is

influence the official actions or positions of the for Tentative Refund. Form 1139 must be filed attributable to an eligible loss may be carried
officials. See Regulations section 1.162-29 for within 12 months after the close of the tax year back 3 years. An “eligible loss” is an NOL
the definition of “influencing legislation.” of the loss. See section 6411 for details. attributable to a Presidentially declared disaster
Dues and other similar amounts paid to For carryback claims filed later than 12 if, for the tax year in which the NOL arose, the
certain tax-exempt organizations may not be months after the close of the tax year of the corporation was (a) engaged in a farming
deductible. See section 162(e)(3). If certain loss, file an amended Form 1120-F instead of business, or (b) a small business that met the
in-house lobbying expenditures do not exceed Form 1139. gross receipts test of section 448(c). An eligible
$2,000, they are deductible. For information on loss does not include any farming loss or
After the corporation applies the NOL to the
contributions to charitable organizations that specified liability loss described above.
first tax year to which it may be carried, the
conduct lobbying activities, see the instructions ● Corporate equity reduction interest
taxable income of that year is modified (as
for line 19. For more information on lobbying described in section 172(b)) to determine how losses. See section 172(b)(1)(E) for special
expenses, see section 162(e). much of the remaining loss may be carried to rules that apply if the corporation has an NOL
other years. See section 172(b) and the attributable to interest deducted in connection
Line 29. Taxable Income Before NOL related regulations for details. with corporate equity reduction transactions.
Deduction and Special Deductions ● Losses incurred by a personal service
Special NOL rules apply when:
At-risk rules. Generally, special at-risk rules ● An ownership change occurs (i.e., the
corporation (PCS). A PCS may not carry back
under section 465 apply to closely held an NOL to or from any tax year to which a
amount of the taxable income of a loss
corporations (see Passive activity limitations section 444 election applies.
corporation that can be offset by pre-change
on page 9) engaged in any activity as a trade NOL carryovers is limited). See section 382
or business, or for the production of income. Line 30b. Special Deductions
and the related regulations. Also see
These corporations may have to adjust the Temporary Regulations section See the instructions for Schedule C.
amount on line 29. 1.382-2T(a)(2)(ii), which requires that a loss
But the at-risk rules do not apply to: corporation file an information statement with Schedule A—Cost of Goods Sold
● Holding real property placed in service by the its income tax return for each tax year that it is Inventories are required at the beginning and
taxpayer before 1987; a loss corporation and certain shifts in end of each tax year if the production,
● Equipment leasing under sections 465(c)(4), ownership occurred. See Regulations section purchase, or sale of merchandise is an
(5), and (6); or 1.382-6(b) for details on how to make the income-producing factor. See Regulations
● Any qualifying business of a qualified closing-of-the-books election. section 1.471-1. If inventories are not used,
corporation described in section 465(c)(7). ● A corporation acquires control of another enter zero on lines 1 and 7 of Schedule A.
However, the at-risk rules do apply to corporation (or acquires its assets in a See Section 263A uniform capitalization
holding mineral property. reorganization) and the amount of rules on page 9 before completing Schedule
If the at-risk rules apply, adjust the amount pre-acquisition losses that may offset A.
on line 29 for any section 465(d) losses. These recognized built-in gains is limited. See section
384. Line 4. Additional section 263A costs. An
losses are limited to the amount for which the entry is required on this line only for
corporation is at risk for each separate activity Waiving the carryback period. A corporation corporations that have elected a simplified
at the close of the tax year. If the corporation may make an irrevocable election to waive the method of accounting.
is involved in one or more activities, any of carryback period and instead carry the NOL
For corporations that have elected the
which incurs a loss for the year, report the loss forward to years following the year of the loss.
simplified production method, additional
for each activity separately. Attach Form 6198, To make this election, check the box in Item R
section 263A costs are generally those costs,
At-Risk Limitations, showing the amount at risk at the bottom of page 2 of Form 1120-F. The
other than interest, that were not capitalized
and gross income and deductions for the return must be timely filed (including
under the corporation's method of accounting
activities with the losses. extensions).
immediately prior to the effective date of
If the corporation sells or otherwise disposes Special carryback period for certain section 263A but are now required to be
of an asset or its interest (either total or partial) losses. The regular 2-year carryback period capitalized under section 263A. For details, see
in an activity to which the at-risk rules apply, generally does not apply to the following Regulations section 1.263A-2(b).
determine the net profit or loss from the activity losses.
For corporations that have elected the
by combining the gain or loss on the sale or ● Specified liability losses, including a
simplified resale method, additional section
disposition with the profit or loss from the product liability loss. The part of an NOL that 263A costs are generally those costs incurred
activity. If the corporation has a net loss, it may is attributable to a specified liability loss may for the following categories:
be limited because of the at-risk rules. be carried back 10 years. The corporation may, ● Off-site storage or warehousing;
Treat any loss from an activity not allowed however, elect to treat such a loss as if it were
● Purchasing;
for the tax year as a deduction allocable to the not a specified liability loss. If the corporation
● Handling, such as processing, assembling,
activity in the next tax year. makes this election, the loss carryback period
will be 2, 3, or 5 years, whichever applies. repackaging, and transporting; and
Line 30a. Net Operating Loss Deduction Make the election by attaching a statement to ● General and administrative costs (mixed

A corporation may use the net operating loss a timely filed return (including extensions, service costs).
(NOL) incurred in one tax year to reduce its however, see Automatic extension below). For details, see Regulations section
taxable income in another year. Generally, a Also, see section 172(b)(1)(C). 1.263A-3(d).
corporation may carry an NOL back to each of ● Farming losses. An NOL attributable to any Enter on line 4 the balance of section 263A
the 2 years (3 years for NOLs incurred in tax farming business may be carried back 5 years. costs paid or incurred during the tax year not
years beginning before August 6, 1997), However, the corporation may elect to treat the included on lines 2, 3, and 5.
preceding the year of the loss and then carry loss as if it were not a farming loss. If the Line 5. Other costs. Enter on line 5 any costs
any remaining amount over to each of the 20 corporation makes this election, the loss paid or incurred during the tax year not entered
years (15 years for NOLs incurred in tax years carryback period will be 2 years or 3 years, on lines 2 through 4.
beginning before August 6, 1997), following the whichever applies. Make the election by Line 7. Inventory at end of year. See
year of the loss (but see Waiving the attaching a statement to a timely filed return Regulations section 1.263A-1 through
carryback period below). For exceptions to (including extensions, however, see Automatic 1.263A-3 for details on figuring the amount of

Page 12
additional section 263A costs to be included in Include taxable distributions from an corporation must own at least 10% of the stock
ending inventory. IC-DISC or former DISC that are designated of the foreign corporation by vote and value.
Line 9a. Inventory valuation methods. as eligible for the 70% deduction and certain
Inventories can be valued at: dividends of Federal Home Loan Banks. See Line 7, Column (a)
● Cost, section 246(a)(2). Enter the U.S.-source portion of dividends that
● Cost or market value (whichever is lower), Also include on line 1 dividends (except are received from 20%-or-more- owned foreign
or those received on debt-financed stock acquired corporations and that qualify for the 80%
● Any other method approved by the IRS that
after July 18, 1984) from a regulated deduction under section 245(a).
investment company (RIC). The amount of
conforms to the requirements of the applicable Line 8, Column (c)
dividends eligible for the dividends-received
regulations cited below.
deduction under section 243 is limited by Limitation on dividends-received deduction.
The average cost (rolling average) method section 854(b). The corporation should receive Generally, line 8, column (c) may not exceed
of valuing inventories generally does not a notice from the RIC specifying the amount the amount from the worksheet on page 14.
conform to the requirements of the regulations. of dividends that qualify for the deduction. However, in a year in which an NOL occurs,
See Rev. Rul. 71-234, 1971-1 C.B. 148. this limitation does not apply even if the loss is
Report so-called dividends or earnings
Corporations that use erroneous valuation received from mutual savings banks, etc., as created by the dividends-received deduction.
methods must change to a method permitted interest. Do not treat them as dividends. See sections 172(d) and 246(b).
for Federal income tax purposes. To make this
change, use Form 3115. Line 2, Column (a) Line 9, Column (a)
On line 9a, check the method(s) used for Enter dividends (except those received on Enter foreign dividends that are not reportable
valuing inventories. Under lower of cost or debt-financed stock acquired after July 18, on lines 3, 6, or 7 of column (a). Also include
market, the term “market” (for normal goods) 1984) that are received from 20%-or-more- the corporation's share of the ordinary earnings
means the current bid price prevailing on the owned domestic corporations subject to of a qualified electing fund from Form 8621,
inventory valuation date for the particular income tax and that are subject to the 80% line 1c. Exclude distributions constructively
merchandise in the volume usually purchased deduction under section 243(c). Include on this taxed in the current year or in prior years under
by the taxpayer. For a manufacturer, market line taxable distributions from an IC-DISC or subpart F (sections 951 through 964).
applies to the basic elements of cost—raw former DISC that are considered eligible for the
materials, labor, and burden. If section 263A 80% deduction. Line 10, Column (a)
applies to the taxpayer, the basic elements of If the corporation claims the foreign tax credit,
cost must reflect the current bid price of all Line 3, Column (a) enter the tax that is deemed paid under
direct costs and all indirect costs properly Enter dividends on debt-financed stock sections 902 and 960. See sections 78 and
allocable to goods on hand at the inventory acquired after July 18, 1984 from domestic and 906(b)(4).
date. foreign corporations subject to income tax and
Inventory may be valued below cost when would otherwise be subject to the Line 11, Column (a)
the merchandise is unsalable at normal prices dividends-received deduction under section Enter taxable distributions from an IC-DISC or
or unusable in the normal way because the 243(a)(1), 243(c), or 245(a). Generally, former DISC that are designated as not eligible
goods are subnormal because of damage, debt-financed stock is stock that the for a dividends-received deduction.
imperfections, shop wear, etc., within the corporation acquired by incurring a debt (e.g., No deduction is allowed under section 243
meaning of Regulations section 1.471-2(c). it borrowed money to buy the stock). for a dividend from an IC-DISC or former DISC
The goods may be valued at a current bona Include on line 3 dividends received from a (as defined in section 992(a)) to the extent the
fide selling price, minus direct cost of regulated investment company (RIC) on dividend:
disposition (but not less than scrap value) if debt-financed stock. The amount of dividends ● Is paid out of the corporation's accumulated
such a price can be established. eligible for the dividends-received deduction is IC-DISC income or previously taxed income,
If this is the first year the Last-in, First-out limited by section 854(b). The corporation or
(LIFO) inventory method was either adopted should receive a notice from the RIC specifying ● Is a deemed distribution under section
or extended to inventory goods not previously the amount of dividends that qualify for the
valued under the LIFO method provided in 995(b)(1).
deduction.
section 472, attach Form 970, Application To Line 12, Column (a)
Use LIFO Inventory Method, or a statement Line 3, Columns (b) and (c)
with the information required by Form 970. Include the following:
Dividends received on debt-financed stock ● Dividends (other than capital gain dividends
Also check the LIFO box on line 9c. On line 9d, acquired after July 18, 1984, are not entitled to
enter the amount or the percent of total closing the full 70% or 80% dividends-received and exempt-interest dividends) that are
inventories covered under section 472. deduction. The 70% or 80% deduction is received from regulated investment companies
Estimates are acceptable. reduced by a percentage that is related to the and that are not subject to the 70% deduction.
If the corporation changed or extended its ● Dividends from tax-exempt organizations.
amount of debt incurred to acquire the stock.
inventory method to LIFO and had to write up See section 246A. Also see section 245(a) ● Dividends (other than capital gain dividends)
its opening inventory to cost in the year of before making this computation for an received from a real estate investment trust
election, report the effect of this write up as additional limitation that applies to dividends that qualifies, for the tax year of the trust in
other income (Section II, line 10 on page 3) received from foreign corporations. Attach a which the dividends are paid, under sections
proportionately over a 3-year period that begins schedule that shows how the amount on line 856 through 860.
with the year of the LIFO election (see section 3, column (c) was figured. ● Dividends not eligible for a dividends-
472(d)). received deduction because of the holding
For more information on inventory valuation Line 4, Column (a) period of the stock or an obligation to make
methods, see Pub. 538. Enter dividends received on the preferred stock corresponding payments for similar stock.
of a less-than-20%-owned public utility that is Two situations in which the dividends-
Schedule C—Dividends and Special subject to income tax and is allowed the received deduction will not be allowed on any
Deductions deduction provided in section 247 for dividends share of stock are:
paid. 1. If the corporation held it less than 46
For purposes of the 20% ownership test on
lines 1 through 7, the percentage of stock days during the 90-day period beginning 45
Line 5, Column (a) days before the stock became ex-dividend with
owned by the corporation is based on voting
Enter dividends received on preferred stock of respect to the dividend (see section
power and value of the stock. Preferred stock
a 20%-or-more-owned public utility that is 246(c)(1)(A)), or
described in section 1504(a)(4) is not taken into
subject to income tax and is allowed the 2. To the extent the corporation is under
account.
deduction provided in section 247 for dividends an obligation to make related payments for
Line 1, Column (a) paid. substantially similar or related property.
● Any other taxable dividend income not
Enter dividends (except those received on Line 6, Column (a)
debt-financed stock acquired after July 18, properly reported above (including distributions
Enter the U.S.-source portion of dividends that: under section 936(h)(4)).
1984—see section 246A) that:
● Are received from less-than-20%- owned
● Are received from less-than-20%-owned If patronage dividends or per-unit retain
foreign corporations, and allocations are included on line 12, identify the
domestic corporations subject to income tax,
● Qualify for the 70% deduction under section total of these amounts in a schedule and attach
and
● Qualify for the 70% deduction under section
245(a). To qualify for the 70% deduction, the it to Form 1120-F.
243(a)(1).

Page 13
Line 13, Column (c)
Section 247 allows public utilities a deduction Worksheet for Schedule C, Line 8
of 40% of the smaller of:
● Dividends paid on their preferred stock (Keep for your records.)
during the tax year, or
● Taxable income computed without regard to 1. Refigure Section II, line 29 without any adjustment under section 1059
this deduction. and without any capital loss carryback to the tax year under section
In a year in which an NOL occurs, compute 1212(a)(1)
the deduction without regard to section
247(a)(1)(B). See section 172(d).
2. Multiply line 1 by 80%
3. Add lines 2, 5, and 7, column (c) and the part of the deduction on line
Schedule J—Tax Computation 3, column (c) that is attributable to dividends received from
Note: Members of a controlled group must 20%-or-more-owned corporations
attach a statement showing the computation 4. Enter the smaller of line 2 or line 3. If line 3 is greater than line 2, stop
of the tax entered on line 3. here; enter the amount from line 4 on line 8, column (c), and do not
Lines 1 and 2 complete the rest of this worksheet
Members of a controlled group. A member 5. Enter the total amount of dividends received from 20%-or-more-owned
of a controlled group, as defined in section corporations that are included on lines 2, 3, 5, and 7, column (a)
1563, must check the box on line 1 and 6. Subtract line 5 from line 1
complete lines 2a and 2b of Schedule J.
7. Multiply line 6 by 70%
Line 2a. Members of a controlled group are
entitled to one $50,000, one $25,000, and one 8. Subtract line 3 above from line 8, column (c)
$9,925,000 taxable income bracket amount (in 9. Enter the smaller of line 7 or line 8
that order) on line 2a.
10. Dividends-received deduction after limitation (sec. 246(b)). Add lines 4
When a controlled group adopts or later
amends an apportionment plan, each member and 9. Enter the result here and on line 8, column (c)
must attach to its tax return a copy of its
consent to this plan. The copy (or an attached
statement) must show the part of the amount Tax Computation Worksheet for Members of a Controlled Group
in each taxable income bracket apportioned to (Keep for your records.)
that member. See Regulations section
1.1561-3(b) for other requirements and for the
time and manner of making the consent. Note: Each member of a controlled group (except qualified personal service corporations)
Unequal apportionment plan. Members
must compute its tax as follows.
of a controlled group may elect an unequal 1. Enter taxable income (Section II, line 31)
apportionment plan and divide the taxable 2. Enter line 1 or the corporation’s share of the $50,000 taxable income
income brackets as they want. There is no
need for consistency between taxable income bracket, whichever is less
brackets. Any member may be entitled to all, 3. Subtract line 2 from line 1
some, or none of the taxable income bracket. 4. Enter line 3 or the corporation’s share of the $25,000 taxable income
However, the total amount for all members
cannot be more than the total amount in each bracket, whichever is less
taxable income bracket. 5. Subtract line 4 from line 3
Equal apportionment plan. If no 6. Enter line 5 or the corporation’s share of the $9,925,000 taxable
apportionment plan is adopted, members of a income bracket, whichever is less
controlled group must divide the amount in
each taxable income bracket equally among 7. Subtract line 6 from line 5
themselves. For example, Controlled Group AB 8. Multiply line 2 by 15%
consists of Corporation A and Corporation B.
They do not elect an apportionment plan. 9. Multiply line 4 by 25%
Therefore, each corporation is entitled to: 10. Multiply line 6 by 34%
● $25,000 (one-half of $50,000) on line 2a(1);
11. Multiply line 7 by 35%
● $12,500 (one-half of $25,000) on line 2a(2);
and 12. If the taxable income of the controlled group exceeds $100,000, enter
● $4,962,500 (one-half of $9,925,000) on line this member’s share of the smaller of (a) 5% of the excess over
2a(3). $100,000, or (b) $11,750. (See Line 2b below.)
Line 2b. Members of a controlled group are 13. If the taxable income of the controlled group exceeds $15 million, enter
treated as one group to figure the applicability this member’s share of the smaller of 3% of the taxable income in
of the additional 5% tax and the additional 3% excess of $15 million, or $100,000 (See Line 2b below.)
tax. If an additional tax applies, each member
will pay that tax based on the part of the 14. Add lines 8 through 13. Enter here and on line 3, Schedule J
amount used in each taxable income bracket
to reduce that member's tax. See section corporation is a qualified personal service
1561(a). If an additional tax applies, attach a Tax Rate Schedule corporation if it meets BOTH of the following
schedule showing the taxable income of the tests:
entire group and how the corporation figured its If its taxable income (Section II, line 31) is: ● Substantially all of its activities involve
share of the additional tax. performing services in the fields of health, law,
Of the
Line 2b(1). Enter the corporation's share But not amount engineering, architecture, accounting, actuarial
of the additional 5% tax on line 2b(1). Over— over— Tax is: over— science, performing arts, or consulting, and
Line 2b(2). Enter the corporation's share ● At least 95% of its stock, by value, is owned,
of the additional 3% tax on line 2b(2).. $0 $50,000 15% $0
50,000 75,000 $ 7,500 + 25% 50,000
directly or indirectly, by (1) employees
75,000 100,000 13,750 + 34% 75,000 performing the services; (2) retired employees
Line 3. Income Tax who had performed the services listed above;
100,000 335,000 22,250 + 39% 100,000
Most corporations figure their tax by using the 335,000 10,000,000 113,900 + 34% 335,000 (3) any estate of an employee or retiree
Tax Rate Schedule below. Exceptions apply to 10,000,000 15,000,000 3,400,000 + 35% 10,000,000 described above; or (4) any person who
members of a controlled group (see worksheet 15,000,000 18,333,333 5,150,000 +38% 15,000,000 acquired the stock of the corporation because
above) and qualified personal service 18,333,333 ----- 35% 0 of the death of an employee or retiree (but only
corporations (see below). Qualified personal service corporation. A for the 2-year period beginning on the date of
qualified personal service corporation is taxed the employee's or retiree's death). See
at a flat rate of 35% on its taxable income. A

Page 14
Temporary Regulations section 1.448-1T(e) for Form 8847, Credit for Contributions to 1. Installment sales of certain timeshares
details. Selected Community Development and residential lots (section 453(l)(3)), and
Note: If the corporation meets these tests, Corporations. 2. Certain nondealer installment obligations
check the box on line 3, Schedule J. Form 8861, Welfare-to-Work Credit. (section 453A(c)).
Additional tax under section 197(f). A ● Interest due under the look-back method
corporation that elects to pay tax on the gain Line 4d. Credit for Prior Year Minimum Tax (see Form 8697 or Form 8866).
from the sale of an intangible under the related To figure the minimum tax credit and any ● For shareholders in qualified electing funds,
person exception to the anti-churning rules carryforward of the credit, use Form 8827, deferred tax due upon the termination of a
should include any additional tax due under Credit for Prior Year Minimum Tax— section 1294 election (see Form 8621, Part V).
section 197(f)(9)(B) in the total for line 3. On Corporations. Also see Form 8827 if any of the Amounts to subtract from the total for line
the dotted line next to line 3, write “Section corporation's 1998 nonconventional source fuel 11 include the deferred tax on the corporation's
197” and the amount. For more information, credit or qualified electric vehicle credit was share of the undistributed earnings of a
see Pub. 535, Business Expenses. disallowed solely because of the tentative qualified electing fund (see Form 8621, Part II).
minimum tax limitation. See section 53(d).
Line 4a. Foreign Tax Credit How to report. Attach a schedule showing the
Line 7. Recapture Taxes computation of each item included in or
A foreign corporation engaged in a U.S. trade subtracted from the total for line 11. On the
or business during the tax year can take a Recapture of investment credit. If the dotted line next to line 11, enter the amount of
credit for income, war profits, and excess corporation disposed of investment credit tax or interest, identify it as tax or interest, and
profits taxes paid, accrued, or deemed paid to property or changed its use before the end of specify the Code section that applies.
any foreign country or U.S. possession for its useful life or recovery period, it may owe a
Example. To show $50 of interest due on
income effectively connected with the conduct tax. See Form 4255, Recapture of Investment
deferred tax from the installment sale of a
of a trade or business in the United States. See Credit, for details.
timeshare, enter “Sec. 453(l)(3) interest - $50.”
section 906 and Form 1118, Foreign Tax Recapture of low-income housing credit. If
Credit—Corporations. If you figured the tax or interest using
the corporation disposed of property (or there another form (e.g. Form 8621 or Form 8697),
was a reduction in the qualified basis of the see the instructions for that form to find out how
Line 4b property) for which it took the low-income
Complete line 4b if the corporation can take to report the amount and what to write on
housing credit, it may owe a tax. See Form Schedule J, line 11.
either of the following credits. Be sure to check 8611, Recapture of Low-Income Housing
the appropriate box. Credit.
Nonconventional source fuel credit. A credit Recapture of qualified electric vehicle (QEV)
is allowed for the sale of qualified fuels credit. The corporation must recapture part Section III—Branch Profits Tax
produced from a nonconventional source. of the QEV credit it claimed in a prior year, if, and Tax on Excess Interest
Section 29 contains a definition of qualified within 3 years of the date the vehicle was
fuels, provisions for figuring the credit, and placed in service, it ceases to qualify for the Part I—Branch Profits Tax
other special rules. Attach a separate schedule credit. See Regulations section 1.30-1 for
to the return showing the computation of the details on how to figure the recapture. Include Section 884(a) imposes a 30% branch profits
credit. the amount of the recapture in the total for line tax on the aftertax earnings of a foreign
Qualified electric vehicle credit. Include on 7, Schedule J. On the dotted line next to the corporation's U.S. trade or business (i.e.,
line 4b any credit from Form 8834, Qualified entry space, write “QEV recapture” and the effectively connected earnings and profits
Electric Vehicle Credit. Vehicles that qualify for amount. (ECEP)) that are not reinvested in a U.S. trade
this credit are not eligible for the deduction for or business by the close of the tax year, or are
Recapture of Indian employment credit.
clean-fuel vehicles under section 179A. disinvested in a later tax year. Changes in the
Generally, if an employer terminates the
value of the equity of the foreign corporation's
employment of a qualified employee less than
Line 4c. General Business Credit U.S. trade or business (i.e., U.S. net equity) are
1 year after the date of initial employment, any
used as a measure of whether earnings have
Complete this line if the corporation can take Indian employment credit allowed for a prior tax
been reinvested in, or disinvested from, a U.S.
any of the following credits. Complete Form year because of wages paid or incurred to that
trade or business. An increase in U.S. net
3800, General Business Credit, if the employee must be recaptured. For details, see
equity during the tax year is generally treated
corporation has two or more of these credits Form 8845 and section 45A. Include the
as a reinvestment of earnings for the current
(other than the empowerment zone amount of the recapture in the total for line 7,
tax year. A decrease in U.S. net equity is
employment credit), general credits from an Schedule J. On the dotted line next to the entry
generally treated as a disinvestment of prior
electing large partnership, a general business space, write “45” and the amount.
year's earnings that have not previously been
credit carryforward or carryback (other than the subject to the branch profits tax.
empowerment zone employment credit), or a Line 8. Alternative Minimum Tax
passive activity credit (other than the Unless the corporation is treated as a small The amount subject to the branch profits tax
low-income housing credit or the empowerment corporation exempt from the alternative for the tax year is the dividend equivalent
zone employment credit). Enter the general minimum tax (AMT), it may owe the AMT if it amount. See Regulations section 1.884-1(b).
business credit on line 4c and check the box has any of the adjustments and tax preference Exempt corporations. A foreign corporation
for Form 3800. items listed on Form 4626, Alternative is exempt from the branch profits tax on its
If the corporation has only one credit, enter Minimum Tax–Corporations. The corporation dividend equivalent amount if:
must file Form 4626 if its taxable income (loss) ● It is a qualified resident of a country with
on line 4c the credit from the form. Also be sure
to check the appropriate box for that form. combined with these adjustments and tax which the United States has an income tax
Form 3468, Investment Credit. preference items is more than the smaller of treaty in effect for the year in which the
$40,000, or the corporation's allowable dividend equivalent arises; and
Form 5884, Work Opportunity Credit.
exemption amount (from Form 4626). For this ● The income tax treaty with that country has
Form 6478, Credit for Alcohol Used as Fuel. purpose, taxable income does not include the not been modified on or after January 1, 1987.
Form 6765, Credit for Increasing Research NOL deduction. Get Form 4626 for details. See Regulations section 1.884-1(g)(3) for a
Activities. Reduce the AMT by any amounts from Form list of the qualifying countries. See Item X on
Form 8586, Low-Income Housing Credit. 3800, Schedule A, line 37, and Form 8844, line page 17 for the definition of qualified resident.
Form 8820 Orphan Drug Credit. 25. On the dotted line next to line 8 of Schedule If the foreign corporation is exempt from the
Form 8826, Disabled Access Credit. J, write “Section 38(c)(2)” (“EZE” if from Form branch profits tax, do not complete Part I.
Form 8830, Enhanced Oil Recovery Credit. 8844) and the amounts. However, be sure to complete Items W and X
Form 8835, Renewable Electricity Production at the bottom of page 5.
Line 10
Credit. Other entities subject to the branch profits
Enter the amount of any credit from Form tax.
Form 8844, Empowerment Zone Employment 8860, Qualified Zone Academy Bond Credit. ● A foreign corporate partner of a partnership
Credit.
Note: Although the empowerment zone Line 11. Total Tax engaged in a U.S. trade or business is subject
employment credit is a component of the to the branch profits tax on its ECEP
Other tax and interest amounts may be attributable to its distributive share of effectively
general business credit, it is figured separately included in or subtracted from the total tax
and is not carried to Form 3800. connected income.
reported on line 11. ● A foreign government is subject to both the
Form 8845, Indian Employment Credit. Amounts to include in the total for line 11: branch profits tax and the branch-level interest
Form 8846, Credit for Employer Social Security ● Interest on deferred tax attributable to: taxes. However, no branch profits tax or
and Medicare Taxes Paid on Certain Employee branch-level interest taxes will be imposed on
Tips.
Page 15
ECEP and interest accrued prior to September U.S. asset. In general, property is a U.S. asset Coordination with withholding tax. If a
11, 1992. See Regulations section 1.884-0. if all income from its use and all gain from its foreign corporation is subject to the branch
disposition (if used or sold on the last day of profits tax in a tax year, it will not be subject to
Line 2 the tax year) are or would be effectively withholding at source (sections 871(a), 881(a),
Attach a schedule showing the following connected income. The amount of property 1441, or 1442) on dividends paid out of
adjustments (based on the principles of section taken into account as a U.S. asset is the earnings and profits for the tax year.
312) to the corporation's line 1 effectively adjusted basis (for purposes of computing
connected taxable income (ECTI) (before the earnings and profits) of the property. Special Part II—Tax on Excess Interest
NOL deduction and special deductions) to get rules exist for specific types of property, such If a foreign corporation is engaged in a U.S.
ECEP: as depreciable property, inventory, and trade or business, has effectively connected
● Positive adjustments for certain effectively installment obligations. Special rules also exist gross income, or has U.S. assets for purposes
connected income items that are excluded from to determine the amount of a partnership of Regulations section 1.882-5, it is subject to
ECTI but must be included in computing ECEP interest that is treated as a U.S. asset. See the tax on excess interest.
(such as tax-exempt interest income). Regulations section 1.884-1(d). Excess interest is the interest apportioned
● Positive adjustments for certain items U.S. liabilities. In general, U.S. liabilities are to effectively connected income of the foreign
deducted in computing ECTI but cannot be U.S.-connected liabilities of a foreign corporation (including capitalized and
deducted in computing ECEP. Include corporation (determined under Regulations nondeductible interest) under Regulations
adjustments for certain deductions claimed in section 1.882-5), computed as of the end of the section 1.882-5, less branch interest. Branch
computing ECTI, such as: tax year, rather than as an average, as interest is the interest paid by the U.S. trade
1. Excess of percentage depletion over cost required under Regulations section 1.882-5. or business of the foreign corporation (including
depletion, Special rules may apply to foreign insurance capitalized and other nondeductible interest).
companies. For more details, see Regulations Important: See the instructions for line 10
2. Excess of accelerated depreciation over section 1.884-1(e).
straight line depreciation (but only if 20% or below to determine if the foreign corporation is
more of the foreign corporation's gross income If the corporation is electing to reduce exempt from the tax on excess interest. If it is
from all sources is U.S. source), and liabilities according to Regulations section exempt from the tax, and not simply subject to
1.884-1(e)(3), attach a statement that it is a reduced rate of tax, do not complete Part II
3. Capital loss carrybacks and carryovers. making the election and indicate the amount
● Negative adjustments for certain deductible
of Section III. However, be sure to complete
of the reduction of U.S. liabilities and the Items W and X on page 5.
items (that are allocable to effectively corresponding reduction in interest expense.
connected income) that cannot be deducted in Line 8. Branch Interest
Reporting requirements. In the schedules
computing ECTI but must be deducted in
required for lines 4a and 4b, report U.S. assets Foreign banks. In general, branch interest of
computing ECEP (e.g., Federal income taxes,
according to the categories of U.S. assets in a foreign bank is limited to:
capital losses in excess of capital gains, and
Regulations section 1.884-1(d). For U.S. ● Interest paid for branch liabilities that are
interest and expenses that are not deductible
liabilities, show the formula used to calculate reported to bank regulatory authorities;
under section 265).
the U.S. liabilities figure. ● Interest paid for offshore shell branches, if
Note: Do not reduce ECEP by any dividends
or other distributions made by the foreign Line 6. Branch Profits Tax the U.S. branch performs substantially all the
corporation to its shareholders during the year. activities required to incur the liability; and
Qualification for treaty benefits. In general, ● Interest on liabilities that are secured
See Temporary Regulations section a foreign corporation must be a qualified
1.884-2T for any adjustments to ECEP due to predominantly by U.S. assets or that cause
resident (see Item X on page 17 for definition)
a reorganization, liquidation, or incorporation. certain nondeductible interest (such as
in the tax year in which it has a dividend
Exceptions. Do not include the following types capitalized interest) related to U.S. assets.
equivalent amount to obtain treaty benefits for
of income when computing ECEP: the branch profits tax. It must also meet the All other foreign corporations. In general,
● Income from the operation of ships or aircraft requirements of any limitation on benefits branch interest of foreign corporations (other
exempt from taxation under section 883(a)(1) article in the treaty. However, a foreign than banks) includes:
or (2). corporation is not required to be a qualified 1. Interest on liabilities shown on the books
● FSC income and distributions treated as resident if it meets the requirements of a and records of the U.S. trade or business for
effectively connected income under section limitation on benefits article that entered into purposes of Regulations section 1.882-5;
921(d) or section 926(b) that are not otherwise force after December 31, 1986. Treaties, other 2. Interest on liabilities that are secured
effectively connected income. than income tax treaties, do not exempt a predominantly by U.S. assets or that cause
● Gain on the disposition of an interest in a foreign corporation from the branch profits tax. certain nondeductible interest (such as
domestic corporation that is a U.S. real Note: If a foreign corporation claims to be a capitalized interest) related to U.S. assets; and
property interest under section 897(c)(1)(A)(ii) qualified resident based on the two-part stock 3. Interest on liabilities identified as
if the gain is not otherwise effectively ownership and base erosion test, a special rule liabilities of the U.S. trade or business on or
connected income. governs the period during which it must be a before the earlier of the date on which the first
● Related person insurance company income qualified resident. (See the instructions for Item interest payment is made or the due date
that a taxpayer elects to treat as effectively X.) (including extensions) of the foreign
connected income under section 953(c)(3)(C) Rate of tax. If treaty benefits apply, the rate corporation's income tax return for the tax year.
if the income is not otherwise effectively of tax is the rate on branch profits specified in However, a liability may not be identified under
connected income. the treaty. If the treaty does not specify a rate 3 if the liability is incurred in the ordinary course
● Income that is exempt from tax under section for branch profits, the rate of tax is the rate of the foreign corporation's trade or business,
specified in the treaty for dividends paid by a or if the liability is secured predominantly by
892.
wholly owned domestic corporation to the assets that are not U.S. assets. The interest
● Interest income derived by a possession
foreign corporation. See Regulations section on liabilities identified in 3 that will be treated
bank from U.S. obligations if the interest is as interest paid by the U.S. trade or business
treated as effectively connected income under 1.884-1(g) for applicable rates of tax. Benefits,
other than a rate reduction, may be available is capped at 85% of the interest of the foreign
section 882(e) and is not otherwise effectively corporation that would be excess interest
connected income. under certain treaties, such as the Canadian
income tax treaty. before considering interest on liabilities
Note: Deductions and other adjustments identified in 3 above. See Regulations section
attributable (under the principles of Regulations Effect of complete termination. If the foreign
corporation has completely terminated its U.S. 1.884-4.
section 1.861-8) to the types of income not Interbranch interest. Any interest paid for
includible in ECEP listed above do not reduce trade or business (within the meaning of
Temporary Regulations section 1.884-2T(a)) interbranch liabilities is disregarded in
ECEP. computing branch interest of any corporation.
during the tax year, enter zero on line 6, and
Lines 4a and 4b. U.S. Net Equity complete Item V at the bottom of page 5. Eighty-percent rule. If 80% or more of a
In general, a foreign corporation has foreign corporation's assets are U.S. assets,
U.S. net equity is U.S. assets reduced by U.S. the foreign corporation's branch interest will
liabilities. U.S. net equity may be less than terminated its U.S. trade or business if it no
longer has any U.S. assets, except those generally equal the interest reported on line 7.
zero. See Temporary Regulations section However, any interest included on line 7 that
1.884-2T for specific rules regarding the retained to pay off liabilities. The foreign
corporation (or a related corporation) may not has accrued but has not been paid will not be
computation of the foreign corporation's U.S. treated as branch interest on line 8 unless an
net equity due to a reorganization, liquidation, use assets from the terminated U.S. trade or
business or the proceeds from their sale in a election is made under Regulations section
or incorporation. 1.884-4(c)(1) to treat such interest as paid in
U.S. trade or business within 3 years after the
complete termination. that year for all purposes of the Code. If this
80% rule applies, check the box on line 8.

Page 16
Note: Branch interest of a foreign corporation of residence. See Regulations sections ● Unrealized gains and losses on securities
is treated as if paid by a domestic corporation. 1.884-5(a) through (c). held “available for sale.”
A foreign corporation is thus required to If a foreign corporation is a qualified resident ● Foreign currency translation adjustments.
withhold on interest paid by its U.S. trade or under this test and a portion of its dividend ● The excess of additional pension liability over
business to foreign persons (unless the interest equivalent amount for the tax year is from unrecognized prior service cost.
is exempt from withholding under a treaty or ECEP earned in prior tax years, the foreign ● Guarantees of employee stock (ESOP) debt.
the Code) and is required to file Forms 1042 corporation will be entitled to treaty benefits for ● Compensation related to employee stock
and 1042-S for the payments as required under the entire dividend equivalent amount only if:
Regulations sections 1.1461-2 and 35a.9999-5. award plans.
1. The foreign corporation was a qualified If the total adjustment to be entered on line
Special treaty shopping rules apply if the resident for all tax years within the 36-month
recipient of the interest paid by the U.S. trade 26 is a negative amount, enter the amount in
period that includes the tax year of the dividend parenthesis.
or business is a foreign corporation. equivalent amount, or
Line 9b 2. The foreign corporation was a qualified Schedule M-1
resident for the tax year of the dividend
A foreign bank may treat a percentage of its equivalent amount, and for the years in which Reconciliation of Income (Loss) per Books
excess interest as if it were interest on deposits the ECEP included in the dividend equivalent With Income per Return
and thus exempt from tax. Multiply the amount amount were earned.
on line 9a by the greater of 85% or the ratio of Line 5c. Travel and entertainment expenses.
If the foreign corporation fails the 36-month Include any of the following:
the foreign bank's worldwide interest-bearing test but is a qualified resident for the tax year,
deposits to its worldwide interest-bearing ● 50% of the meals and entertainment not
the portion of the dividend equivalent amount
liabilities as of the close of the tax year. for ECEP from any prior tax year will not be allowed under section 274(n).
● Expenses for the use of an entertainment
Line 10. Tax on Excess Interest entitled to treaty benefits if the foreign
corporation was not a qualified resident for the facility.
The rate of tax on excess interest is the same tax year in which the ECEP was earned. Thus, ● The part of business gifts over $25.
rate that would apply to interest paid to the in some instances, more than one rate of tax ● An individual's expense over $2,000,
foreign corporation by a wholly owned domestic may apply to the dividend equivalent amount allocable to conventions on cruise ships.
corporation. The tax on excess interest is not reported on line 5, Section III. See Regulations ● Employee achievement awards over $400.
prohibited by any provision in any treaty to section 1.884-1(g)(2). ● The cost of entertainment tickets over face
which the United States is a party. The Publicly traded test. A foreign corporation
corporation may qualify for treaty benefits if it value (also subject to the 50% disallowance
meets this test if: under section 274(n)).
meets certain requirements. (See Line 6.
Branch Profits Tax, and Item X.) The 1. Its stock is primarily and regularly traded ● The cost of skyboxes over the face value of

corporation is exempt from the tax on excess on one or more established securities markets nonluxury box seat tickets.
interest if the rate of tax that would apply to in its country of residence or the United States, ● The part of luxury water travel not allowed

interest paid to the foreign corporation by a or under section 274(m).


wholly owned domestic corporation is zero and 2. 90% or more of its stock is owned ● Expenses for travel as a form of education.
the foreign corporation qualifies for treaty (directly or indirectly) by another corporation ● Other travel and entertainment expenses not
benefits. that meets the requirements of 1 and is a allowed as a deduction.
resident of the same country or is a domestic
corporation. For more information, see Pub. 542.
Additional Information Required See Regulations section 1.884-5(d). Line 7a. Tax-exempt interest. Include any
Be sure to complete all additional information Active trade or business test. A foreign exempt-interest dividends received as a
on page 5 that applies to the corporation. corporation meets this test if it has a substantial shareholder in a mutual fund or other regulated
presence in its country of residence and its investment company.
Item X U.S. trade or business is an integral part of an
Qualified resident. A foreign corporation is a active trade or business conducted by the
qualified resident of a country if it meets one foreign corporation in its country of residence. Paperwork Reduction Act Notice. We ask
of the three tests explained below. See the See Regulations section 1.884-5(e). for the information on this form to carry out the
regulations under section 884 for details on Internal Revenue laws of the United States.
these tests and certain circumstances in which You are required to give us the information.
We need it to ensure that you are complying
a foreign corporation that does not meet these Schedules L, M-1, and M-2 with these laws and to allow us to figure and
tests may obtain a ruling to be treated as a
qualified resident. A foreign corporation may limit Schedules L, collect the right amount of tax.
M-1, and M-2 to: You are not required to provide the
Two-part ownership and base erosion
1. The corporation's U.S. assets and its information requested on a form that is subject
test. A foreign corporation meets this test if:
other assets effectively connected with its U.S. to the Paperwork Reduction Act unless the
● More than 50% of its stock (by value) is
trade or business and liabilities reported on its form displays a valid OMB control number.
owned (directly or indirectly) during at least half U.S. books and records; and Books or records relating to a form or its
the number of days in the tax year by qualifying instructions must be retained as long as their
shareholders; and 2. Its effectively connected income and its
other U.S. source income. contents may become material in the
● Less than 50% of its income is used (directly
Do not complete Schedules M-1 and M-2 if administration of any Internal Revenue law.
or indirectly) to meet liabilities to persons who Generally, tax returns and return information
are not residents of such foreign country or total assets at the end of the tax year (line 15,
column (d) of Schedule L) are less than are confidential, as required by section 6103.
U.S. citizens or residents. For this test, The time needed to complete and file this
individuals resident in the foreign country, U.S. $25,000.
form will vary depending on individual
citizens and residents, governments of foreign Schedule L circumstances. The estimated average time is:
countries, and foreign corporations that meet
the publicly traded test (described later) are Balance Sheets per Books Recordkeeping ................................. 107 hr., 8 min.
treated as qualifying shareholders. The balances sheet should agree with the Learning about the law or the form. 40 hr. 19 min.
In general, stock owned by a corporation, corporation's books and records. Include
Preparing the form .......................... 69 hr., 53 min.
partnership, trust, or estate is treated as certificates of deposit as cash on line 1.
proportionately owned by the individual owners Line 5. Tax-exempt securities. Include: Copying, assembling, and
sending the form to the IRS........... 7 hr., 31 min.
of such entities. ● State and local government obligations, the
In order to satisfy the 50% stock ownership interest on which is excludable from gross If you have comments concerning the
test described above, a foreign corporation income under section 103(a); and accuracy of these time estimates or
must, before filing Form 1120-F for the tax ● Stock in a mutual fund or other regulated suggestions for making this form simpler, we
year, obtain certain written documentation from investment company that distributed would be happy to hear from you. You can
the requisite number of its direct and indirect exempt-interest dividends during the tax year write to the Tax Forms Committee, Western
shareholders to show that it meets the test, of the corporation. Area Distribution Center, Rancho Cordova, CA
including a certificate of residency from each Line 26. Adjustments to shareholders' 95743-0001. DO NOT send the tax form to this
foreign individual resident signed by the equity. Some examples of adjustments to office. Instead, see Where To File on page 2.
Competent Authority of the individual's country report on this line include:

Page 17
Codes for Principal Business Activity Code Code
This list of principal business activities and their associated codes is 315290 Other Cut & Sew Apparel Mfg Machinery Manufacturing
designed to classify an enterprise by the type of activity in which it is 315990 Apparel Accessories & Other 333100 Agriculture, Construction, &
Apparel Mfg Mining Machinery Mfg
engaged to facilitate the administration of the Internal Revenue Code. These
Leather and Allied Product 333200 Industrial Machinery Mfg
principal business activity codes are based on the North American Industry
Manufacturing 333310 Commercial & Service
Classification System. Industry Machinery Mfg
316110 Leather & Hide Tanning &
Using the list of activities and codes below, determine from which activity Finishing 333410 Ventilation, Heating,
the company derives the largest percentage of its “total receipts.” Total 316210 Footwear Mfg (including Air-Conditioning, &
receipts is defined as the sum of gross receipts or sales (page 3, line 1a) rubber & plastics) Commercial Refrigeration
316990 Other Leather & Allied Equipment Mfg
plus all other income (page 3, lines 4 through 10). If the company purchases
Product Mfg 333510 Metalworking Machinery Mfg
raw materials and supplies them to a subcontractor to produce the finished
Wood Product Manufacturing 333610 Engine, Turbine & Power
product, but retains title to the product, the company is considered a Transmission Equipment Mfg
manufacturer and must use one of the manufacturing codes 321110 Sawmills & Wood
Preservation 333900 Other General Purpose
(311110-339900). Machinery Mfg
321210 Veneer, Plywood, &
Once the principal business activity is determined, entries must be made Engineered Wood Product Computer and Electronic Product
on page 1, items F(1), F(2), and F(3). For the business activity code number, Mfg Manufacturing
enter the six digit code selected from the list below. In item F(2), enter a 321900 Other Wood Product Mfg 334110 Computer & Peripheral
brief description of the company’s business activity. Finally, enter a Paper Manufacturing Equipment Mfg
description of the principal product or service of the company in item F(3). 322100 Pulp, Paper, & Paperboard 334200 Communications Equipment
Mills Mfg
322200 Converted Paper Product Mfg 334310 Audio & Video Equipment Mfg
Agriculture, Forestry, Fishing Construction 334410 Semiconductor & Other
and Hunting Code Printing and Related Support Electronic Component Mfg
Activities
Code Building, Developing, and General 334500 Navigational, Measuring,
323100 Printing & Related Support Electromedical, & Control
Crop Production Contracting Activities
233110 Land Subdivision & Land Instruments Mfg
111100 Oilseed & Grain Farming Petroleum and Coal Products
Development 334610 Manufacturing & Reproducing
111210 Vegetable & Melon Farming Manufacturing Magnetic & Optical Media
(including potatoes & yams) 233200 Residential Building
Construction 324110 Petroleum Refineries
111300 Fruit & Tree Nut Farming (including integrated) Electrical Equipment, Appliance, and
233300 Nonresidential Building Component Manufacturing
111400 Greenhouse, Nursery, & 324120 Asphalt Paving, Roofing, &
Floriculture Production Construction 335100 Electric Lighting Equipment
Saturated Materials Mfg
Heavy Construction Mfg
111900 Other Crop Farming (including 324190 Other Petroleum & Coal
tobacco, cotton, sugarcane, 234100 Highway, Street, Bridge, & Products Mfg 335200 Household Appliance Mfg
hay, peanut, sugar beet & all Tunnel Construction 335310 Electrical Equipment Mfg
Chemical Manufacturing
other crop farming) 234900 Other Heavy Construction 335900 Other Electrical Equipment &
325100 Basic Chemical Mfg Component Mfg
Animal Production Special Trade Contractors 325200 Resin, Synthetic Rubber, &
112111 Beef Cattle Ranching & 235110 Plumbing, Heating, & Artificial & Synthetic Fibers & Transportation Equipment
Farming Air-Conditioning Contractors Filaments Mfg Manufacturing
112112 Cattle Feedlots 235210 Painting & Wall Covering 325300 Pesticide, Fertilizer, & Other 336100 Motor Vehicle Mfg
112120 Dairy Cattle & Milk Production Contractors Agricultural Chemical Mfg 336210 Motor Vehicle Body & Trailer
112210 Hog & Pig Farming 235310 Electrical Contractors 325410 Pharmaceutical & Medicine Mfg
112300 Poultry & Egg Production 235400 Masonry, Drywall, Insulation, Mfg 336300 Motor Vehicle Parts Mfg
112400 Sheep & Goat Farming & Tile Contractors 325500 Paint, Coating, & Adhesive 336410 Aerospace Product & Parts
235500 Carpentry & Floor Contractors Mfg Mfg
112510 Animal Aquaculture (including
shellfish & finfish farms & 235610 Roofing, Siding, & Sheet 325600 Soap, Cleaning Compound, & 336510 Railroad Rolling Stock Mfg
hatcheries) Metal Contractors Toilet Preparation Mfg 336610 Ship & Boat Building
112900 Other Animal Production 235710 Concrete Contractors 325900 Other Chemical Product & 336990 Other Transportation
235810 Water Well Drilling Preparation Mfg Equipment Mfg
Forestry and Logging
113110 Timber Tract Operations Contractors Plastics and Rubber Products Furniture and Related Product
235900 Other Special Trade Manufacturing Manufacturing
113210 Forest Nurseries & Gathering
of Forest Products Contractors 326100 Plastics Product Mfg 337000 Furniture & Related Product
326200 Rubber Product Mfg Manufacturing
113310 Logging Manufacturing Nonmetallic Mineral Product Miscellaneous Manufacturing
Fishing, Hunting and Trapping Food Manufacturing Manufacturing 339110 Medical Equipment &
114110 Fishing 311110 Animal Food Mfg Supplies Mfg
114210 Hunting & Trapping 327100 Clay Product & Refractory
311200 Grain & Oilseed Milling Mfg 339900 Other Miscellaneous
Support Activities for Agriculture and 311300 Sugar & Confectionery 327210 Glass & Glass Product Mfg Manufacturing
Forestry Product Mfg 327300 Cement & Concrete Product
115110 Support Activities for Crop 311400 Fruit & Vegetable Preserving Mfg Wholesale Trade
Production (including cotton & Specialty Food Mfg 327400 Lime & Gypsum Product Mfg Wholesale Trade, Durable Goods
ginning, soil preparation, 311500 Dairy Product Mfg. 421100 Motor Vehicle & Motor Vehicle
planting, & cultivating) 327900 Other Nonmetallic Mineral
311610 Animal Slaughtering and Product Mfg Parts & Supplies Wholesalers
115210 Support Activities for Animal Processing 421200 Furniture & Home Furnishing
Production Primary Metal Manufacturing
311710 Seafood Product Preparation 331110 Iron & Steel Mills & Ferroalloy Wholesalers
115310 Support Activities For & Packaging 421300 Lumber & Other Construction
Forestry Mfg
311800 Bakeries & Tortilla Mfg 331200 Steel Product Mfg from Materials Wholesalers
Mining 311900 Other Food Mfg (including Purchased Steel 421400 Professional & Commercial
coffee, tea, flavorings & 331310 Alumina & Aluminum Equipment & Supplies
211110 Oil & Gas Extraction seasonings) Wholesalers
212110 Coal Mining Production & Processing
Beverage and Tobacco Product 331400 Nonferrous Metal (except 421500 Metal & Mineral (except
212200 Metal Ore Mining Manufacturing Petroleum) Wholesalers
Aluminum) Production &
212310 Stone Mining & Quarrying 312110 Soft Drink & Ice Mfg Processing 421600 Electrical Goods Wholesalers
212320 Sand, Gravel, Clay, & Ceramic 312120 Breweries 331500 Foundries 421700 Hardware, & Plumbing &
& Refractory Minerals Mining Heating Equipment &
& Quarrying 312130 Wineries Fabricated Metal Product Supplies Wholesalers
212390 Other Nonmetallic Mineral 312140 Distilleries Manufacturing
421800 Machinery, Equipment, &
Mining & Quarrying 312200 Tobacco Manufacturing 332110 Forging & Stamping Supplies Wholesalers
213110 Support Activities for Mining Textile Mills and Textile Product 332210 Cutlery & Handtool Mfg 421910 Sporting & Recreational
Mills 332300 Architectural & Structural Goods & Supplies
Utilities 313000 Textile Mills Metals Mfg Wholesalers
221100 Electric Power Generation, 314000 Textile Product Mills 332400 Boiler, Tank, & Shipping 421920 Toy & Hobby Goods &
Transmission & Distribution Apparel Manufacturing Container Mfg Supplies Wholesalers
221210 Natural Gas Distribution 315100 Apparel Knitting Mills 332510 Hardware Mfg 421930 Recyclable Material
221300 Water, Sewage & Other 315210 Cut & Sew Apparel 332610 Spring & Wire Product Mfg Wholesalers
Systems Contractors 332700 Machine Shops; Turned 421940 Jewelry, Watch, Precious
315220 Men’s & Boys’ Cut & Sew Product; & Screw, Nut, & Bolt Stone, & Precious Metal
Apparel Mfg Mfg Wholesalers
315230 Women’s & Girls’ Cut & Sew 332810 Coating, Engraving, Heat 421990 Other Miscellaneous Durable
Apparel Mfg Treating, & Allied Activities Goods Wholesalers
332900 Other Fabricated Metal
Product Mfg

Page 18
Code Code Code Code
Wholesale Trade, Nondurable Goods Clothing and Clothing Accessories Support Activities for Transportation 523210 Securities & Commodity
422100 Paper & Paper Product Stores 488100 Support Activities for Air Exchanges
Wholesalers 448110 Men’s Clothing Stores Transportation 523900 Other Financial Investment
422210 Drugs & Druggists’ Sundries 448120 Women’s Clothing Stores 488210 Support Activities for Rail Activities (including portfolio
Wholesalers 448130 Children’s & Infants’ Clothing Transportation management & investment
422300 Apparel, Piece Goods, & Stores 488300 Support Activities for Water advice)
Notions Wholesalers 448140 Family Clothing Stores Transportation Insurance Carriers and Related
422400 Grocery & Related Product 448150 Clothing Accessories Stores 488410 Motor Vehicle Towing Activities
Wholesalers 448190 Other Clothing Stores 488490 Other Support Activities for 524140 Direct Life, Health, & Medical
422500 Farm Product Raw Material 448210 Shoe Stores Road Transportation Insurance & Reinsurance
Wholesalers 488510 Freight Transportation Carriers
448310 Jewelry Stores
422600 Chemical & Allied Products Arrangement 524150 Direct Insurance &
448320 Luggage & Leather Goods Reinsurance (except Life,
Wholesalers Stores 488990 Other Support Activities for
422700 Petroleum & Petroleum Transportation Health & Medical) Carriers
Products Wholesalers Sporting Goods, Hobby, Book, and 524210 Insurance Agencies &
Music Stores Couriers and Messengers
422800 Beer, Wine, & Distilled Brokerages
451110 Sporting Goods Stores 492110 Couriers
Alcoholic Beverage 524290 Other Insurance Related
451120 Hobby, Toy, & Game Stores 492210 Local Messengers & Local Activities
Wholesalers Delivery
422910 Farm Supplies Wholesalers 451130 Sewing, Needlework, & Piece Funds, Trusts, and Other Financial
422920 Book, Periodical, & Goods Stores Warehousing and Storage Vehicles
Newspaper Wholesalers 451140 Musical Instrument & Supplies 493100 Warehousing & Storage 525100 Insurance & Employee Benefit
422930 Flower, Nursery Stock, & Stores (except lessors of Funds
Florists’ Supplies Wholesalers 451211 Book Stores miniwarehouses &
self-storage units) 525910 Open-End Investment Funds
422940 Tobacco & Tobacco Product 451212 News Dealers & Newsstands (Form 1120-RIC)
Wholesalers 451220 Prerecorded Tape, Compact Information 525920 Trusts, Estates, & Agency
422950 Paint, Varnish, & Supplies Disc, & Record Stores Accounts
Wholesalers Publishing Industries
General Merchandise Stores 525930 Real Estate Investment Trusts
422990 Other Miscellaneous 511110 Newspaper Publishers (Form 1120-REIT)
452110 Department stores
Nondurable Goods 511120 Periodical Publishers 525990 Other Financial Vehicles
452900 Other General Merchandise
Wholesalers Stores 511130 Book Publishers
Miscellaneous Store Retailers
511140 Database & Directory Real Estate and Rental and
Retail Trade Publishers Leasing
453110 Florists 511190 Other Publishers
Motor Vehicle and Parts Dealers Real Estate
453210 Office Supplies & Stationery 511210 Software Publishers
441110 New Car Dealers Stores 531110 Lessors of Residential
441120 Used Car Dealers 453220 Gift, Novelty, & Souvenir Motion Picture and Sound Recording Buildings & Dwellings
441210 Recreational Vehicle Dealers Stores Industries 531120 Lessors of Nonresidential
441221 Motorcycle Dealers 453310 Used Merchandise Stores 512100 Motion Picture & Video Buildings (except
441222 Boat Dealers Industries (except video Miniwarehouses)
453910 Pet & Pet Supplies Stores rental)
441229 All Other Motor Vehicle 453920 Art Dealers 531130 Lessors of Miniwarehouses &
Dealers 512200 Sound Recording Industries Self-Storage Units
453930 Manufactured (Mobile) Home
441300 Automotive Parts, Dealers Broadcasting and 531190 Lessors of Other Real Estate
Accessories, & Tire Stores Telecommunications Property
453990 All Other Miscellaneous Store
Furniture and Home Furnishings Retailers (including tobacco, 513100 Radio & Television 531210 Offices of Real Estate Agents
Stores candle, & trophy shops) Broadcasting & Brokers
442110 Furniture Stores 513200 Cable Networks & Program 531310 Real Estate Property
Nonstore Retailers Distribution Managers
442210 Floor Covering Stores 454110 Electronic Shopping &
442291 Window Treatment Stores 513300 Telecommunications 531320 Offices of Real Estate
Mail-Order Houses (including paging, cellular, Appraisers
442299 All Other Home Furnishings 454210 Vending Machine Operators satellite, & other
Stores 531390 Other Activities Related to
454311 Heating Oil Dealers telecommunications) Real Estate
Electronics and Appliance Stores 454312 Liquefied Petroleum Gas Information Services and Data Rental and Leasing Services
443111 Household Appliance Stores (Bottled Gas) Dealers Processing Services 532100 Automotive Equipment Rental
443112 Radio, Television, & Other 454319 Other Fuel Dealers 514100 Information Services & Leasing
Electronics Stores 454390 Other Direct Selling (including news syndicates, 532210 Consumer Electronics &
443120 Computer & Software Stores Establishments (including libraries, & on-line information Appliances Rental
443130 Camera & Photographic door-to-door retailing, frozen services)
food plan providers, party 532220 Formal Wear & Costume
Supplies Stores 514210 Data Processing Services Rental
plan merchandisers, &
Building Material and Garden coffee-break service 532230 Video Tape & Disc Rental
Equipment and Supplies Dealers Finance and Insurance 532290 Other Consumer Goods
providers)
444110 Home Centers Depository Credit Intermediation Rental
444120 Paint & Wallpaper Stores Transportation and 522110 Commercial Banking 532310 General Rental Centers
444130 Hardware Stores Warehousing 522120 Savings Institutions 532400 Commercial & Industrial
444190 Other Building Material Air, Rail, and Water Transportation 522130 Credit Unions Machinery & Equipment
Dealers 522190 Other Depository Credit Rental & Leasing
481000 Air Transportation
444200 Lawn & Garden Equipment & Intermediation Lessors of Nonfinancial Assets
Supplies Stores 482110 Rail Transportation
483000 Water Transportation Nondepository Credit Intermediation (except copyrighted works)
Food and Beverage Stores 522210 Credit Card Issuing 533110 Lessors of Nonfinancial
445110 Supermarkets and Other Truck Transportation Assets (except copyrighted
522220 Sales Financing
Grocery (except Convenience) 484110 General Freight Trucking, works)
Local 522291 Consumer Lending
Stores 522292 Real Estate Credit (including
445120 Convenience Stores 484120 General Freight Trucking,
mortgage bankers & Professional, Scientific, and
445210 Meat Markets Long-distance Technical Services
originators)
445220 Fish & Seafood Markets 484200 Specialized Freight Trucking Legal Services
522293 International Trade Financing
445230 Fruit & Vegetable Markets Transit and Ground Passenger 522294 Secondary Market Financing 541110 Offices of Lawyers
445291 Baked Goods Stores Transportation 522298 All Other Nondepository 541190 Other Legal Services
445292 Confectionery & Nut Stores 485110 Urban Transit Systems Credit Intermediation Accounting, Tax Preparation,
445299 All Other Specialty Food 485210 Interurban & Rural Bus Bookkeeping, and Payroll Services
Transportation Activities Related to Credit
Stores Intermediation 541211 Offices of Certified Public
445310 Beer, Wine, & Liquor Stores 485310 Taxi Service Accountants
522300 Activities Related to Credit
485320 Limousine Service Intermediation (including loan 541213 Tax Preparation Services
Health and Personal Care Stores
485410 School & Employee Bus brokers) 541214 Payroll Services
446110 Pharmacies & Drug Stores Transportation
446120 Cosmetics, Beauty Supplies, Securities, Commodity Contracts, 541219 Other Accounting Services
485510 Charter Bus Industry and Other Financial Investments and
& Perfume Stores Architectural, Engineering, and
485990 Other Transit & Ground Related Activities
446130 Optical Goods Stores Passenger Transportation Related Services
446190 Other Health & Personal Care 523110 Investment Banking & 541310 Architectural Services
Pipeline Transportation Securities Dealing
Stores 541320 Landscape Architecture
486000 Pipeline Transportation 523120 Securities Brokerage
Gasoline Stations Scenic & Sightseeing Transportation Services
447100 Gasoline Stations (including 523130 Commodity Contracts Dealing 541330 Engineering Services
487000 Scenic & Sightseeing 523140 Commodity Contracts
convenience stores with gas) Transportation 541340 Drafting Services
Brokerage
541350 Building Inspection Services

Page 19
Code Code Code Code
541360 Geophysical Surveying & 561500 Travel Arrangement & Other Ambulatory Health Care Food services and Drinking Places
Mapping Services Reservation Services Services 722110 Full-Service Restaurants
541370 Surveying & Mapping (except 561600 Investigation & Security 621900 Other Ambulatory Health Care 722210 Limited-Service Eating Places
Geophysical) Services Services Services (including 722300 Special Food services
541380 Testing Laboratories 561710 Exterminating & Pest Control ambulance services & blood (including food service
Specialized Design Services Services & organ banks) contractors & caterers)
541400 Specialized Design Services 561720 Janitorial Services Hospitals 722410 Drinking Places (Alcoholic
(including interior, industrial, 561730 Landscaping Services 622000 Hospitals Beverages)
graphic, & fashion design) 561740 Carpet & Upholstery Cleaning Nursing and Residential Care
Computer Systems Design and Services Facilities Other Services
Related Services 561790 Other Services to Buildings & 623000 Nursing & Residential Care Repair and Maintenance
541511 Custom Computer Dwellings Facilities 811110 Automotive Mechanical &
Programming Services 561900 Other Support Services Social Assistance Electrical Repair &
541512 Computer Systems Design (including packaging & Maintenance
labeling services, & 624100 Individual & Family Services
Services 811120 Automotive Body, Paint,
convention & trade show 624200 Community Food & Housing, Interior, & Glass Repair
541513 Computer Facilities organizers) & Emergency & Other Relief
Management Services Services 811190 Other Automotive Repair &
541519 Other Computer Related Waste Management and Maintenance (including oil
Remediation Services 624310 Vocational Rehabilitation change & lubrication shops &
Services Services
562000 Waste Management & car washes)
Other Professional, Scientific, and Remediation Services 624410 Child Day Care Services 811210 Electronic & Precision
Technical Services Equipment Repair &
541600 Management, Scientific, & Educational Services Arts, Entertainment, and Maintenance
Technical Consulting Services
611000 Educational Services
Recreation 811310 Commercial & Industrial
541700 Scientific Research &
Development Services (including schools, colleges, & Performing Arts, Spectator Sports, Machinery & Equipment
universities) and Related Industries (except Automotive &
541800 Advertising & Related 711100 Performing Arts Companies Electronic) Repair &
Services Health Care and Social 711210 Spectator Sports (including Maintenance
541910 Marketing Research & Public 811410 Home & Garden Equipment &
Opinion Polling Assistance sports clubs & racetracks)
711300 Promoters of Performing Arts, Appliance Repair &
541920 Photographic Services Offices of Physicians and Dentists Maintenance
Sports, & Similar Events
541930 Translation & Interpretation 621111 Offices of Physicians (except 811420 Reupholstery & Furniture
mental health specialists) 711410 Agents & Managers for
Services Artists, Athletes, Entertainers, Repair
541940 Veterinary Services 621112 Offices of Physicians, Mental & Other Public Figures 811430 Footwear & Leather Goods
541990 All Other Professional, Health Specialists Repair
711510 Independent Artists, Writers,
Scientific, & Technical 621210 Offices of Dentists & Performers 811490 Other Personal & Household
Services Offices of Other Health Practitioners Museums, Historical Sites, and Goods Repair & Maintenance
621310 Offices of Chiropractors Similar Institutions Personal and Laundry Services
Management of Companies 621320 Offices of Optometrists 812111 Barber Shops
712100 Museums, Historical Sites, &
(Holding Companies) 621330 Offices of Mental Health Similar Institutions 812112 Beauty Salons
551111 Offices of Bank Holding Practitioners (except 812113 Nail Salons
Physicians) Amusement, Gambling, and
Companies Recreation Industries 812190 Other Personal Care Services
551112 Offices of Other Holding 621340 Offices of Physical, (including diet & weight
Occupational & Speech 713100 Amusement Parks & Arcades
Companies reducing centers)
Therapists, & Audiologists 713200 Gambling Industries
713900 Other Amusement & 812210 Funeral Homes & Funeral
Administrative and Support 621391 Offices of Podiatrists Services
Recreation Industries
and Waste Management and 621399 Offices of All Other
(including golf courses, skiing 812220 Cemeteries & Crematories
Remediation Services Miscellaneous Health 812310 Coin-Operated Laundries &
Practitioners facilities, marinas, fitness
Administrative and Support Services centers, & bowling centers) Drycleaners
Outpatient Care Centers 812320 Drycleaning & Laundry
561110 Office Administrative Services
561210 Facilities Support Services
621410 Family Planning Centers Accommodation and Food Services (except
561300 Employment Services
621420 Outpatient Mental Health & Services Coin-Operated)
Substance Abuse Centers 812330 Linen & Uniform Supply
561410 Document Preparation Accommodation
621491 HMO Medical Centers 812910 Pet Care (except Veterinary)
Services 721110 Hotels (except casino hotels)
621492 Kidney Dialysis Centers & Motels Services
561420 Telephone Call Centers
621493 Freestanding Ambulatory 721120 Casino Hotels 812920 Photofinishing
561430 Business Service Centers Surgical & Emergency
(including private mail centers 721191 Bed & Breakfast Inns 812930 Parking Lots & Garages
Centers 812990 All Other Personal Services
& copy shops) 721199 All Other Traveler
621498 All Other Outpatient Care Religious, Grantmaking, Civic,
561440 Collection Agencies Centers Accommodation
561450 Credit Bureaus 721210 RV (Recreational Vehicle) Professional, and Similar
Medical and Diagnostic Laboratories Parks & Recreational Camps Organizations
561490 Other Business Support
Services (including 621510 Medical & Diagnostic 721310 Rooming & Boarding Houses 813000 Religious, Grantmaking, Civic,
repossession services, court Laboratories Professional, & Similiar
reporting, & stenotype Home Health Care Services Organizations
services) 621610 Home Health Care Services

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