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US Internal Revenue Service: I1120ric - 1994
US Internal Revenue Service: I1120ric - 1994
Page 8
taxable income bracket to reduce that
Worksheet for Members of a Controlled Group member’s tax. See section 1561(a). Each
member of the group must enter its
(keep for the member’s records) share of the additional 5% tax on line
Each member of a controlled group must compute the tax on its investment 2b(1) and attach to its tax return a
company taxable income as follows (except funds that are personal holding schedule that shows the taxable income
companies or that are not in compliance with Regulations section 1.852-6—see of the entire group as well as how its
item 2 of Line 3a below): share of the additional 5% tax is figured.
1. Enter investment company taxable income (line 26, page 1) 1. Additional 3% tax.—Members of a
2. Enter line 1 or the fund’s share of the $50,000 taxable income bracket, controlled group are treated as one
whichever is less 2. group for purposes of figuring the
3. Subtract line 2 from line 1 3. additional 3% tax that must be paid by
4. Enter line 3 or the fund’s share of the $25,000 taxable income bracket, corporations with taxable income in
whichever is less 4. excess of $15 million. If the additional
5. Subtract line 4 from line 3 5. tax applies, each member of the
6. Enter line 5 or the fund’s share of the $9,925,000 taxable income bracket, controlled group will pay that tax based
whichever is less 6. on the part of the amount that is used in
7. Subtract line 6 from line 5 7. each taxable income bracket to reduce
8. Multiply line 2 by 15% 8. that member’s tax. See section 1561(a).
9. Multiply line 4 by 25% 9. Each member of the group must enter
10. Multiply line 6 by 34% 10. its share of the additional 3% tax on line
11. Multiply line 7 by 35% 11. 2b(2) and attach to its tax return a
12. If the taxable income of the controlled group exceeds $100,000, enter this schedule that shows the taxable income
member’s share of the smaller of: 5% of the taxable income in excess of of the entire group as well as how its
$100,000, or $11,750. (See Additional 5% tax below.) 12.
share of the additional 3% tax is figured.
13. If the taxable income of the controlled group exceeds $15 million, enter this
member’s share of the smaller of: 3% of the taxable income in excess of $15
million, or $100,000. (See Additional 3% tax below.) 13.
Line 3a
14. Add lines 8 through 13. Enter here and on line 3a, Schedule J 14. The fund must compute the tax on its
investment company taxable income as
follows:
requirements and for the time and
1. A fund that is not a personal
manner of making the consent.
Schedule B Equal apportionment plan.—If no
holding company and is in compliance
with Regulations section 1.852-6
Income From Tax-Exempt apportionment plan is adopted, regarding disclosure of the fund’s actual
Obligations members of a controlled group must stock ownership (members of a
divide the amount in each taxable controlled group should see the
If, at the close of each quarter of the tax income bracket equally among instructions above for lines 1 and 2)
year, at least 50% of the value of the themselves. For example, Controlled computes its tax using the Tax Rate
fund’s assets consisted of tax-exempt Group AB consists of Corporation A and Schedule below.
obligations under section 103(a), the Corporation B. They do not elect an
fund qualifies under section 852(b)(5) to apportionment plan. Therefore,
pay exempt-interest dividends for the Corporation A and Corporation B are Tax Rate Schedule
tax year. Check the “Yes” box on line 1 each entitled to: $25,000 (one-half of If the investment company taxable income
of Schedule B and complete lines 2 $50,000) in the $50,000 taxable income (line 26, page 1) is:
through 5. See section 852(b)(5) for the bracket on line 2a(1); $12,500 (one-half
definition of exempt-interest dividends of $25,000) in the $25,000 taxable Of the
and other details. income bracket on line 2a(2); and But not amount
Over— over— Tax is: over—
$4,962,500 (one-half of $9,925,000) in
the $9,925,000 taxable income bracket $0 $50,000 15% $0
Schedule J on line 2a(3). 50,000 75,000 $7,500 + 25% 50,000
75,000 100,000 13,750 + 34% 75,000
Tax Computation Unequal apportionment plan.— 100,000 335,000 22,250 + 39% 100,000
Members of a controlled group may 335,000 10,000,000 113,900 + 34% 335,000
Lines 1 and 2 elect an unequal apportionment plan 10,000,000 15,000,000 3,400,000 + 35% 10,000,000
and divide the taxable income brackets 15,000,000 18,333,333 5,150,000 + 38% 15,000,000
Members of a controlled group.—A 18,333,333 ----- 35% 0
member of a controlled group, as as they want. There is no need for
defined in section 1563, must check the consistency among taxable income
brackets. Any member of the controlled 2. A fund that is a personal holding
box on line 1 and complete lines 2a and company or that is not in compliance
2b of Schedule J. See the worksheet on group may be entitled to all, some, or
none of the taxable income brackets. with Regulations section 1.852-6 is
page 9. taxed at a flat rate of 35% on its
However, the total amount for all
Members of a controlled group are members of the controlled group cannot investment company taxable income.
entitled to one $50,000, one $25,000, be more than the total amount in each
and one $9,925,000 taxable income Line 3c. Deferred tax amount of a
taxable income bracket.
bracket amount (in that order) on line 2a. shareholder in a passive foreign
Additional 5% tax.—Members of a investment company (section
When a controlled group adopts or controlled group are treated as one
later amends an apportionment plan, corporation for purposes of figuring the 1291)
each member must attach to its tax additional 5% tax that must be paid by If the fund was a shareholder in a
return a copy of its consent to this plan. corporations with taxable income in passive foreign investment company
The copy (or an attached statement) excess of $100,000. If the additional tax (PFIC), and the fund received an excess
must show the part of the amount in applies, each member of the controlled distribution or disposed of its investment
each taxable income bracket group will pay that tax based on the part in the PFIC during the year, it must
apportioned to that member. See of the amount that is used in each include the aggregate increases in taxes
Regulations section 1.1561-3(b) for other
Page 9
due under section 1291(c)(2) in the from the form. Also be sure to check the Note: The empowerment zone
amount to be entered on line 3c, appropriate box for that form. employment credit (described below) is
Schedule J. On the dotted line to the left Investment credit. This credit was a component of the general business
of line 3c, Schedule J, write “Section generally repealed for property placed in credit, but is figured separately and is
1291” and the amount. service after 1985. See Form 3468, not carried to Form 3800.
Do not include on line 3c any interest Investment Credit, for exceptions. Empowerment zone employment
due under section 1291(c)(3). Instead, Jobs credit. The fund may qualify to credit. A RIC that has employees that
show the amount of interest owed in the take this credit if it hired members of live and work for the RIC in an area
bottom margin of page 1, Form special targeted groups during the tax designated by the Federal government
1120-RIC, and write “Section 1291 year. See Form 5884, Jobs Credit, for as an “empowerment zone” may be able
interest.” For details, see Form 8621, more information. to take a credit for wages paid to certain
Return by a Shareholder of a Passive employees. The credit is equal to 20%
Credit for alcohol used as fuel. A fund
Foreign Investment Company or of the first $15,000 of qualified wages
may be able to take a credit for alcohol
Qualified Electing Fund. and limited to $3,000 per year per
used as fuel. Use Form 6478, Credit for
Additional tax under section 197(f).—A employee. See Form 8844,
Alcohol Used as Fuel, to figure the
RIC that elects to pay tax on the gain Empowerment Zone Employment Credit,
credit.
from the sale of an intangible under the and section 1396.
Credit for increasing research
related person exception to the
anti-churning rules should include any
activities. See Form 6765, Credit for Line 4d. Credit for prior year
Increasing Research Activities, and minimum tax
additional tax due under section section 41.
197(f)(9)(B) in the amount entered on line To figure the minimum tax credit and any
3c. On the dotted line next to line 3c, Low-income housing credit. See Form carryforward of that credit, use Form
write “Section 197” and the amount. For 8586, Low-Income Housing Credit, and 8827, Credit for Prior Year Minimum
more information, see Pub. 535. section 42. Tax—Corporations.
Enhanced oil recovery credit. A fund
Line 4a. Foreign tax credit may claim a credit for 15% of its Line 6. Personal holding company
To find out when a fund can take this qualified enhanced oil recovery costs. tax
credit for payment of income tax to a Use Form 8830, Enhanced Oil Recovery
A fund is taxed as a personal holding
foreign country or U.S. possession, see Credit, to figure the credit.
company under section 542 if:
Form 1118, Foreign Tax Credit— Disabled access credit. A fund may be
● At least 60% of its adjusted ordinary
Corporations. The fund may not claim able to take a credit for certain
gross income for the tax year is personal
this credit if an election under section expenditures paid or incurred to assist
holding company income, and
853 was made for the tax year. individuals with disabilities. See Form
8826, Disabled Access Credit, and ● At any time during the last half of the
Line 4b section 44. tax year more than 50% in value of its
outstanding stock is owned, directly or
Complete line 4b if the fund can take Renewable electricity production
indirectly, by five or fewer individuals.
either of the following credits. Be sure to credit. A fund may be able to take a
check the appropriate box. credit for electricity produced by the See section 543(a) for the definition of
fund using closed-loop biomass or wind personal holding company income and
Nonconventional source fuel credit.—
and sold to an unrelated person. See section 543(b)(2) for the definition of
A credit is allowed for the sale of
Form 8835, Renewable Electricity adjusted ordinary gross income.
qualified fuels produced from a
nonconventional source. Section 29 Production Credit, for details. To figure this tax, use Schedule PH
contains a definition of qualified fuels, Indian employment credit. A RIC may (Form 1120), U.S. Personal Holding
provisions for figuring the credit, and be able to claim a credit of 20% of a Company (PHC) Tax.
other special rules. Attach a separate limited amount of the wages and health Line 7. Recapture taxes
schedule to the return showing the insurance costs paid or incurred by the
computation of the credit. RIC for qualified employees. A qualified Recapture of investment credit. If the
Also see Form 8827 if any of the 1993 employee is a member of an enrolled fund disposed of investment credit
credit is disallowed solely because of Indian tribe (or their spouse), who also property or changed its use before the
the tentative minimum tax limitation. meets certain other qualifications. See end of its useful life or recovery period,
Also see section 53(d). Form 8845, Indian Employment Credit, it may owe a tax. See Form 4255,
and section 45A. Recapture of Investment Credit, for
Qualified electric vehicle credit.— details.
Include on line 4b any credit from Form Credit for employer social security
8834, Qualified Electric Vehicle Credit. and Medicare taxes paid on certain Recapture of low-income housing
Vehicles that qualify for this credit are employee tips. If the fund has the credit credit. If the fund disposed of property
not eligible for the deduction for from Form 8846, Credit for Employer (or there was a reduction in the qualified
clean-fuel vehicles under section 179A. Social Security and Medicare Taxes Paid basis of the property) on which it took
on Certain Employee Tips, include the the low-income housing credit, it may
Line 4c. General business credit amount from Form 8846 in the total for owe a tax. See Form 8611, Recapture
line 4c. On the dotted line to the left of of Low-Income Housing Credit, and
Complete this line if the fund can take
line 4c, write the form number and the section 42(j) for details.
any of the following credits. Complete
Form 3800, General Business Credit, if amount of the credit. Recapture of qualified electric vehicle
the fund has two or more of these Credit for contributions to certain (QEV) credit. The fund must recapture
credits, a credit carryforward or community development corporations. part of the QEV credit it claimed in a
carryback (including an ESOP credit), or RICs may claim a credit of 5% of prior year, if, within 3 years of the date
a passive activity credit. Enter the qualified cash contributions to certain the vehicle was placed in service, it
amount of the general business credit community development corporations ceases to qualify for the credit. Get Pub.
on line 4c, and check the box for Form (CDCs) selected by the Secretary of 535 to see how to figure the recapture.
3800. If the fund has only one credit, Housing and Urban Development. See Include the amount of the recapture in
enter on line 4c the amount of the credit Form 8847, Credit for Contributions to the total for line 7, Schedule J. On the
Certain Community Development dotted line next to the entry space, write
Corporations. “QEV recapture” and the amount.
Page 10
Recapture of Indian employment Foreign person.—The term “foreign
credit. Generally, if an employer person” means:
terminates the employment of a qualified Schedule K ● A foreign citizen or nonresident alien,
employee less than 1 year after the date Other Information ● An individual who is a citizen of a U.S.
of initial employment, any Indian possession (but who is not a U.S. citizen
employment credit allowed for a prior The following instructions apply to
questions 1 through 14 on page 3, Form or resident),
tax year by reason of wages paid or
incurred to that employee must be 1120-RIC. Answer all of the questions ● A foreign partnership,
recaptured. For details, see Form 8845, that apply to the fund. ● A foreign corporation,
Indian Employment Credit, and section
Question 3 ● Any foreign estate or trust within the
45A. Include the amount of the meaning of section 7701(a)(31), or
recapture in the total for line 7, Schedule Check the “Yes” box for question 3 if ● A foreign government (or one of its
J. On the dotted line next to the entry the fund is a subsidiary in a agencies or instrumentalities) to the
space, write “IEC recapture” and the parent-subsidiary controlled group extent that it is engaged in the conduct
amount. (defined below). This applies even if the of a commercial activity as described in
fund is a subsidiary member of one section 892.
Line 8. Alternative minimum tax group and the parent corporation of
another. Owner’s country.—For individuals, the
The RIC may owe the alternative term “owner’s country” means the
minimum tax if it has any of the Note: If the fund is an “excluded country of residence. For all others, it is
adjustments and tax preference items member” of a controlled group (see the country where incorporated,
listed on Form 4626, Alternative section 1563(b)(2)), it is still considered a organized, created, or administered.
Minimum Tax—Corporations. The fund member of a controlled group for this
must file Form 4626 if its investment purpose. Requirement to file Form 5472.—If the
company taxable income or (loss) and fund checked “Yes,” it may have to file
Parent-subsidiary controlled group.— Form 5472, Information Return of a
retained capital gains not designated The term “parent-subsidiary controlled
under section 852(b)(3)(D) plus 25% Foreign-Owned U.S. Corporation or
group” means one or more chains of a Foreign Corporation Engaged in a U.S.
adjustments and tax preference items is corporations connected through stock
more than the smaller of: Trade or Business. Generally, a 25%
ownership (section 1563(a)(1)). Both of foreign-owned corporation that had a
● $40,000, or the following requirements must be met: reportable transaction with a foreign or
● The fund’s allowable exemption 1. 80% of the total combined voting domestic related party during the tax
amount (from Form 4626). Get Form power of all classes of stock entitled to year must file Form 5472. Form 5472
4626 for details. vote or at least 80% of the total value of must be filed by the due date of the
Reduce alternative minimum tax by all classes of stock of each corporation fund’s income tax return (including
any amount on Form 3800, Schedule A, in the group (except the parent) must be extensions). Attach Form 5472 to the tax
line 34 (or Form 8844, line 20). On the owned by one or more of the other return and file a copy of Form 5472 with
dotted line to the left of line 8, write corporations in the group. the Internal Revenue Service Center,
“Section 38(c)(3)” (or “EZE”) and the 2. The common parent must own at Philadelphia, PA 19255.
amounts. least 80% of the total combined voting If the fund’s tax return is not filed
power of all classes of stock entitled to when due, Form 5472 must nevertheless
Line 9. Total tax vote or at least 80% of the total value of be timely filed at the service center
Deferred tax and interest on all classes of stock of at least one of the where the tax return is due (with a copy
undistributed earnings of a qualified other corporations in the group. to Philadelphia). When the tax return is
electing fund under section 1294. Stock owned directly by other filed, attach a copy of the previously
Complete Form 8621 to determine the members of the group is not counted filed Form 5472.
RIC’s share of tax attributable to the when computing the voting power or Penalties for failure to file Form
undistributed earnings of a qualified value. 5472.—If the fund does not file Form
electing fund, or the deferred tax due, if See section 1563(d)(1) for the 5472 as described above, a $10,000
any, as a result of the termination of a definition of “stock” for purposes of penalty applies. The penalty also applies
section 1294 election. See the determining stock ownership above. for failure to maintain records as
instructions for Form 8621 to figure the required by Regulations section
amount of tax to include in, or subtract Question 5 1.6038A-3. For details, see Form 5472.
from, the total on line 9. Form 8621 also
Check the “Yes” box if one foreign
explains how to report any interest due Question 7
under section 1294 on the deferred tax. person owned at least 25% of (a) the
total voting power of all classes of stock Foreign financial accounts.—Check the
Interest on tax deferred under the of the fund entitled to vote or (b) the “Yes” box if either 1 or 2 below applies
installment method for certain total value of all classes of stock of the to the fund. Otherwise, check the “No”
nondealer installment obligations. If an fund. box:
obligation arising from the disposition of 1. At any time during the 1994
property to which section 453A applies The constructive ownership rules of
section 318 apply in determining if a calendar year the fund had an interest in
is outstanding at the close of the tax or signature or other authority over a
year, the fund must include the interest fund is foreign owned. See section
6038A(c)(5) and the related regulations. bank, securities, or other financial
due under section 453A(c) on line 9, account in a foreign country; and
Schedule J. Write on the dotted line to Enter for question 5b(1) the
the left of line 9, Schedule J, “Section percentage owned by the foreign person ● The combined value of the accounts
453A(c) interest” and the amount. Attach specified in question 5. For question was more than $10,000 at any time
a schedule showing the computation. 5b(2), write the name of the owner’s during the calendar year; and
country. ● The account was NOT with a U.S.
Note: If there is more than one military banking facility operated by a
25%-or-more foreign owner, complete U.S. financial institution.
questions 5b(1) and 5b(2) for the foreign
person with the highest percentage of
ownership.
Page 11
2. The fund owns more than 50% of To be eligible for the election, more 2. Stock in another mutual fund or
the stock in any corporation that would than 50% of the value of the fund’s total other regulated investment company
answer “Yes” to question 1 above. assets at the end of the tax year must that distributed exempt-interest
Get Form TD F 90-22.1, Report of consist of stock or securities in foreign dividends during the tax year of the
Foreign Bank and Financial Accounts, to corporations. fund.
see if the fund is considered to have an If the fund makes the election, it must
interest in or signature or other authority furnish to its shareholders a written
over a financial account in a foreign notice designating the shareholder’s Schedule M-1
country. share of foreign taxes paid to each
country or possession and the share of Reconciliation of Income (Loss)
If “Yes” is checked for this question,
file Form TD F 90-22.1 by June 30, the dividend that represents income per Books With Income per Return
1995, with the Department of the derived from sources within each
Line 5d. Travel and entertainment
Treasury at the address shown on the country or possession. The notice must
form. Form TD F 90-22.1 is not a tax be mailed to the shareholders no later Include on line 5d any of the following:
return, so do not file it with Form than 60 days after the end of the fund’s ● 50% of the meals and entertainment
1120-RIC. tax year. not allowed under section 274(n).
Form TD F 90-22.1 may be obtained To make a valid election, in addition to ● Expenses for the use of an
from an IRS Distribution Center or by timely filing Form 1120-RIC and entertainment facility.
calling 1-800-TAX-FORM checking the box for question 13, the ● The part of business gifts over $25.
(1-800-829-3676). fund must file:
● Expenses of an individual in excess of
Also, if “Yes” is checked for this ● Forms 1099-DIV, Dividends and $2,000, which are allocable to
question, write the name of the foreign Distributions, and Form 1096, Annual conventions on cruise ships.
country. Attach a separate sheet if more Summary and Transmittal of U.S.
Information Returns, including the ● Employee achievement awards over
space is needed. $400.
statement required by Regulations
Question 11 section 1.853-4; and ● The cost of entertainment tickets over
● Form 1118, Foreign Tax Credit— face value (also subject to 50%
Show any tax-exempt interest received disallowance under section 274(n)).
or accrued. Include any exempt-interest Corporations, modified to become a
dividends received as a shareholder in statement supporting the fund’s election. ● The cost of skyboxes over the face
another mutual fund or other regulated For further information, see value of nonluxury box seat tickets.
investment company. Regulations section 1.853-4. ● The part of luxury water travel not
allowed under section 274(m).
Question 13 ● Expenses for travel as a form of
A fund may make an irrevocable election Schedule L education.
under section 853(a) to allow its ● Other travel and entertainment
shareholders to apply their shares of the Balance Sheets expenses not allowed as a deduction.
foreign taxes paid by the fund either as Line 4. Tax-exempt securities For more information, see Pub. 542.
a credit or a deduction. If the fund
makes this election, the amount of Include on this line: Line 7. Tax-exempt Interest
foreign taxes it paid during the tax year 1. State and local government
may not be taken as a credit or a Include as interest on line 7 any
obligations, the interest on which is
deduction on Form 1120-RIC, but may exempt-interest dividends received by
excludible from gross income under
be claimed on Form 1120-RIC, Schedule the fund as shareholder in a mutual fund
section 103(a), and
A, line 5, as an addition to the dividends or other regulated investment company.
paid deduction.