The Tax Cuts and Jobs Act of 2017 enacted a number of important tax-law changes. Few changes are more notable than those contained in the international tax provisions. Perhaps chief among the international tax changes was the Section 965 “transition” tax—a.k.a. the “deemed repatriation” tax.
Section 965 generally requires that shareholders—as defined under section 951(b) of the I.R.C.—pay a “transition” tax on their pro rata share of the untaxed foreign earnings of certain “specified foreign corporations.” The tax is imposed by increasing a specified foreign corporation’s subpart F income for its last tax year beginning before January 1, 2018. The shareholder’s pro rata share of that subpart F income is included in income as if those foreign earnings had been repatriated to the United States—hence the “deemed repatriation” moniker. The mandatory inclusion is subject to tax at an effective tax rate of either 15.5% or 8%, depending upon the extent to which the inclusion is attributable to earnings and profits that are deemed to consist of “cash” or other liquid assets.
A “specified foreign corporation” is generally defined as any Controlled Foreign Corporation under section 957 or a foreign corporation (other than a PFIC) that has a “United States shareholder” (as defined under section 951) that is a domestic corporation. Thus, a shareholder of such a foreign corporation is required to include its share of that foreign corporation’s historic earnings and profits in income as if the amount had been repatriated.
Amounts owed under Section 965 are generally due by the due date or extended due date of the taxpayer’s 2017 tax return. However, the new law provided for an election to pay the tax in installments. There are also special rules applicable to S-Corporations that may effectively allow for the indefinite postponement of such payment.
The IRS recently issued guidance on the section 965 tax in the form of FAQs. Below is a summary of that guidance:
Q1. Who is required to report amounts under section 965 of the Code on a 2017 tax return?
A1. A person that is required to include amounts in income under section 965 of the Code in its 2017 taxable year, whether because, the person is a United States shareholder of a deferred foreign income corporation (as defined under section 965(d) of the Code) or because it is a direct or indirect partner in a domestic partnership, a shareholder in an S corporation, or a beneficiary of another passthrough entity that is a United States shareholder of a deferred foreign income corporation, is required to report amounts under section 965 of the Code on its 2017 tax return.
Q2. How are amounts under section 965 of the Code reported on a 2017 tax return?
A2. Amounts required to be reported on a 2017 tax return should be reported on the return as reflected in the table included in Appendix: Q&A2. The table reflects only how items related to amounts included in income under section 965 of the Code should be reported on a 2017 tax return. It does not address the reporting in other scenarios, including distributions made in 2017, which should be reported consistent with the Code and the current forms and instructions.
Posted: 03/13/2018
Q3. Is there any other reporting in connection with section 965 of the Code required on a 2017 tax return?
A3. Yes. A person that has income under section 965 of the Code for its 2017 taxable year is required to include with its return an IRC 965 Transition Tax Statement, signed under penalties of perjury and, in the case of an electronically filed return, in Portable Document Format (.pdf) with a filename of “965 Tax”. Multiple IRC 965 Transition Tax Statements can be combined into a single .pdf file. The IRC 965 Transition Tax Statement must include the following information:
- The person’s total amount required to be included in income under section 965(a) of the Code.
- The person’s aggregate foreign cash position, if applicable.
- The person’s total deduction under section 965(c) of the Code.
- The person’s deemed paid foreign taxes with respect to the total amount required to be included in income by reason of section 965(a).
- The person’s disallowed deemed paid foreign taxes pursuant to section 965(g).
- The total net tax liability under section 965 (as determined under section 965(h)(6)). [1]
- The amount of the net tax liability under section 965 to be paid in installments (including the current year installment) under section 965(h) of the Code, if applicable, which will be assessed. [2]
- The amount of the net tax liability under section 965, the payment of which has been deferred, under section 965(i) of the Code, if applicable. [3]
- A listing of elections under section 965 of the Code or the election provided for in Notice 2018-13 that the taxpayer has made, if applicable.
A model statement is included in Appendix: Q&A3. Adequate records must be kept supporting the section 965(a) inclusion amount, deduction under section 965(c) of the Code, and net tax liability under section 965, as well as the underlying calculations of these amounts. Moreover, additional reporting may be required when filing returns for subsequent tax years, and the manner of reporting may be different. See also Q&A8 concerning Form 5471 filing.
_________________________________
[1] Use section 965(h)(6) to calculate the total net tax liability under section 965 even if an election to pay the net tax liability under section 965 in installments has not been made and even if the person is not a United States shareholder of a deferred foreign income corporation. Do not reduce this amount by any net tax liabilities under section 965 with respect to which section 965(i) is effective. Section 965(h)(6) generally determines a person’s net tax liability under section 965 by starting with (i) the taxpayer’s tax liability with all section 965 amounts included and then subtracting (ii) the tax liability with no section 965 amounts included and with dividends received from deferred foreign income corporations disregarded. See Publication 5292 for instructions to be used in computing the net tax liability under section 965.
[2] If both one or more elections under section 965(i) have been made and an election under section 965(h) has been made, the amount of the net tax liability under section 965 to be paid in installments is: (i) the amount of the total net tax liability under section 965 as determined above less (ii) the aggregate amount of the taxpayer’s net tax liabilities under section 965 with respect to which section 965(i) elections are effective. See Publication 5292 for more information.
[3] See Publication 5292 for more information regarding the calculation of amounts eligible for S corporation shareholder deferral under section 965(i).
Updated: 04/13/2018
Q4. What elections are available with respect to section 965 of the Code on a 2017 tax return?
A4. Section 965 of the Code permits multiple elections related to amounts included in income by reason of section 965 of the Code or the payment of a taxpayer’s net tax liability under section 965 (as determined under section 965(h)(6)). Statutory elections can be found in section 965(h), (i), (m), and (n).
Furthermore, the Treasury Department and the IRS have announced another election that may be made with respect to the determination of the post-1986 earnings and profits of a specified foreign corporation. This election is described in Notice 2018-13, 2018-6 I.R.B. 341, Section 3.02.
Posted: 03/13/2018
Q5. Who can make an election with respect to section 965 of the Code on a 2017 tax return?
A5. The elections under section 965 of the Code are limited to taxpayers with a net tax liability under section 965 (in the case of section 965(h) of the Code), taxpayers that are shareholders of S corporations and that have a net tax liability under section 965 (in the case of section 965(i) of the Code), taxpayers that are REITs (in the case of section 965(m) of the Code), or taxpayers with an NOL (in the case of section 965(n) of the Code). Thus, a domestic partnership or an S corporation that is a United States shareholder of a deferred foreign income corporation may not make any of the elections under section 965 of the Code. The Treasury Department and the IRS provided further guidance concerning the availability of the elections under section 965 of the Code to direct and indirect partners in domestic partnerships, shareholders in S corporations, and beneficiaries in other passthrough entities that are United States shareholders of deferred foreign income corporations. See Section 3.05(b) of Notice 2018-26.
The election under Notice 2018-13, Section 3.02 may be made on behalf of a specified foreign corporation pursuant to the rules of §1.964-1(c)(3).
In the case of a consolidated group (as defined in §1.1502-1(h)), in which one or more members are United States shareholders of a specified foreign corporation, the agent for the group (as defined in §1.1502-77) must make the elections on behalf of its members.
Updated: 04/13/2018
Q6. When must an election with respect to section 965 of the Code be made?
A6. An election with respect to section 965 of the Code must be made by the due date (including extensions) for filing the return for the relevant year. However, even if an election is made under section 965(h) of the Code to pay a net tax liability under section 965 of the Code in installments, the first installment must be paid by the due date (without extensions) for filing the return for the relevant year.
Posted: 03/13/2018
Q7. How is an election with respect to section 965 of the Code made on a 2017 tax return?
A7. A person makes an election under section 965 of the Code or the election provided for in Notice 2018-13, Section 3.02, by attaching to a 2017 tax return a statement signed under penalties of perjury and, in the case of an electronically filed return, in Portable Document Format (.pdf), for each such election. Each such statement must include the person’s name, taxpayer identification number and any other information relevant to the election, such as the net tax liability under section 965 with respect to which the installment election under section 965(h)(1) of the Code applies, the name and taxpayer identification number of the S corporation with respect to which the deferral election under section 965(i)(1) of the Code is made, the section 965(a) inclusion amount with respect to which the election under section 965(m)(1)(B) of the Code applies, the amount described in section 965(n)(2) of the Code to which the election under section 965(n)(1) of the Code applies, and the name and taxpayer identification number, if any, of the specified foreign corporation with respect to which the election under Notice 2018-13, Section 3.02, is made. Model statements are included in Appendix: Q&A7. Each election statement must have the applicable title and, in the case of an attachment in Portable Document Format (.pdf) included with an electronically filed return, the file name reflected in the following table:
| Provision Under Which Election is Made | Title | File Name |
| Section 965(h)(1) | Election to Pay Net Tax Liability Under Section 965 in Installments under Section 965(h)(1) | 965(h) |
| Section 965(i)(1) | S Corporation Shareholder Election to Defer Payment of Net Tax Liability Under Section 965 Under Section 965(i)(1) | 965(I) |
| Section 965(m)(1)(B) | Statement for Real Estate Investment Trusts Electing Deferred Inclusions Under Section 951(a)(1) By Reason of Section 965 Under Section 965(m)(1)(B) | 965(m) |
| Section 965(n) | Election Not to Apply Net Operating Loss Deduction under section 965(n) | 965(n) |
| Notice 2018-13, Section 3.02 | Election Under Section 3.02 of Notice 2018-13 to Use Alternative Method to Compute Post-1986 Earnings and Profits | 2018-13 |
Posted: 03/13/2018
Q8. Is a Form 5471 with respect to all specified foreign corporations with respect to which a person is a United States shareholder required to be filed with the person’s 2017 tax return, regardless of whether the specified foreign corporations are CFCs?
A8. Yes. In order to collect information relevant to the calculation of a United States shareholder’s section 965(a) inclusion amount, a person that was a United States Shareholder of a specified foreign corporation during its 2017 taxable year, including on the last day of such year, and owned stock of the specified foreign corporation on the last day of the specified foreign corporation’s year that ended during the person’s year must file a Form 5471 with respect to the specified foreign corporation completed with the identifying information on page 1 of Form 5471 above Schedule A, as well as Schedule J. The exceptions to filing in the instructions to Form 5471 otherwise will continue to apply. United States shareholders not otherwise required to file Form 5471 should consult the instructions to Form 5471 to determine the correct category of filer. Notice 2018-13, Section 5.02 also provides an exception to filing Form 5471 for certain United States shareholders considered to own stock by “downward attribution” from a foreign person. The IRS intends to modify the instructions to the Form 5471 as necessary.
Updated: 04/13/2018
Q9. Are domestic partnerships, S corporations, or other passthrough entities required to report any additional information to their partners, shareholders, or beneficiaries in connection with section 965 of the Code?
A9. Yes. A domestic partnership, S corporation, or other passthrough entity should attach a statement to its Schedule K-1s, if applicable, that includes the following information for each deferred foreign income corporation for which such passthrough entity has a section 965(a) inclusion amount:
- The partner’s, shareholder’s, or beneficiary’s share of the partnership’s, S corporation’s, or other passthrough entity’s section 965(a) inclusion amount, if applicable.
- The partner’s, shareholder’s, or beneficiary’s share of the partnership’s, S corporation’s, or other passthrough entity’s deduction under section 965(c), if applicable.
- Information necessary for a domestic corporate partner, or an individual making an election under section 962, to compute its deemed paid foreign tax credits with respect to its share of the partnership’s, S corporation’s, or passthrough entity’s section 965(a) inclusion amount, if applicable.
For more information concerning the application of section 965 to domestic partnerships, S corporations, or other domestic passthrough entities, see Section 3.05(b) of Notice 2018-26.
Updated: 04/13/2018
Q10. How should a taxpayer pay the tax resulting from section 965 of the Code for a 2017 tax return?
A10. A taxpayer should make two separate payments as follows: one payment reflecting tax owed without regard to section 965 of the Code, and a second, separate payment reflecting tax owed resulting from section 965 of the Code and not otherwise satisfied by another payment or credit as described in Q&A13 and Q&A14 (the 965 Payment). See Q&A13 for information regarding how the IRS will apply 2017 estimated tax payments. Both payments must be paid by the due date of the applicable return (without extensions). But see Notice 2018-26, section 3.05(e), providing that if an individual receives an extension of time to file and pay under §1.6081-5(a)(5) or (6), the individual’s due date for the 965 Payment is also extended.
The 965 Payment must be made either by wire transfer or by check or money order. This may be the first year’s installment of tax owed in connection with a 2017 tax return by a taxpayer making the election under section 965(h) of the Code, or the full net tax liability under section 965 of the Code for a taxpayer who does not make such election and does not make an election under section 965(i) of the Code. For the 965 Payment, there is no penalty for taxpayers electing to use wire transfers as an alternative to otherwise mandated EFTPS payments. Accordingly, taxpayers that would normally be required to pay through EFTPS should submit the 965 Payment via wire transfer or they may be subject to penalties. On a wire payment of tax owed under section 965 of the Code, the taxpayer would use a 5-digit tax type code of 09650 (for more information, see IRS, Same-Day Wire Federal Tax Payments). On a check or money order payment of tax owed resulting from section 965 of the Code, include an appropriate payment voucher (such as Form 1040-V or 1041-V) and along with all other required information write on the front of your payment “2017 965 Tax.”
For the payment owed without regard to section 965, normal payment procedures apply (for more information, see IRS, Pay Online). This payment may be made at the same or different time from the 965 Payment, but must be made by the due date of the return or penalties and interest may apply.
Updated: 04/13/2018
Q11. If not already filed, when should an individual taxpayer electronically file a 2017 tax return?
A11. Individual taxpayers who electronically file their Form 1040 should file on or after April 2, 2018. Individual taxpayers who file a paper Form 1040 can do so at any time.
Posted: 03/13/2018
Q12. If a person has already filed a 2017 tax return, what should the person do?
A12. The person should consider filing an amended return based on the information provided in these FAQs and Appendices. Failure to submit a return in this manner may result in processing difficulties and erroneous notices being issued. Failure to accurately reflect the net tax liability under section 965 of the Code in total tax could result in interest and penalties.
In order to amend a return, a person would file the applicable form for amending the return pursuant to regular instructions and would attach:
- amended versions of forms and schedules necessary to follow the instructions in these FAQs,
- any election statements, and
- the IRC 965 Transition Tax Statement included in Appendix: Q&A3.
Posted: 03/13/2018
Q13. How will the IRS apply 2017 estimated tax payments (including credit elects from 2016) to a taxpayer’s net tax liability under section 965?
A13. The IRS will apply 2017 estimated tax payments first to a taxpayer’s 2017 net income tax liability described under section 965(h)(6)(A)(ii) (its net income tax determined without regard to section 965), and then to its tax liability under section 965, including those amounts that are subject to payment in installments pursuant to an election under section 965(h).
Added: 04/13/2018
Q14. If a taxpayer’s 2017 payments, including estimated tax payments, exceed its 2017 net income tax liability described under section 965(h)(6)(A)(ii) (its net income tax determined without regard to section 965) and the first annual installment (due in 2018) pursuant to an election under section 965(h), may the taxpayer receive a refund of such excess amounts or credit such excess amounts to its 2018 estimated income tax?
A14. No. A taxpayer may not receive a refund or credit of any portion of properly applied 2017 tax payments unless and until the amount of payments exceeds the entire unpaid 2017 income tax liability, including all amounts to be paid in installments under section 965(h) in subsequent years. If a taxpayer’s 2017 tax payments exceed the 2017 net income tax liability described under section 965(h)(6)(A)(ii) (net income tax determined without regard to section 965) and the first annual installment (due in 2018) pursuant to an election under section 965(h), the excess will be applied to the next successive annual installment (due in 2019) (and to the extent such excess exceeds the amount of such next successive annual installment due, then to the next such successive annual installment (due in 2020), etc.) pursuant to an election under section 965(h).
Added: 04/13/2018
Appendix: Q&A2
| Individual Taxpayer | ||||
| Follow these reporting instructions along with attaching the IRC 965 Transition Tax Statement | ||||
| Form | 965(a) Amount [4] | 965(c) Deduction [5] | Foreign Tax Credit (FTC) [6] | Reporting of Net Tax Liability Under Section 965 [7] and Amounts to Be Paid in Installments Under Section 965(h) or Deferred Under Section 965(i), If Applicable |
| 1040 | Include a net section 965 amount (section 965(a) amount less section 965(c) deduction) on Page 1, Line 21, Other Income. Write SEC 965 on the dotted line to the left of Line 21.
If, however, an IRC 962 election is made, consult the Instructions to Form 1040. |
See 965(a) amount column. | Report the relevant section 965(a) amount and the relevant section 965(c) deduction on Form 1116.
If an IRC 962 election is made, report the relevant section 965(a) amount, the relevant section 965(c) deduction, the deemed paid foreign taxes with respect to the relevant section 965(a) amount, and the disallowed foreign taxes under section 965(g) on Form 1118. |
Reduce on Page 2, Line 44, Tax the amount of net tax liability deferred under section 965(i), if applicable. Check box ‘c’ on Line 44 and write 965 to the right of the box.[8]
Include in total on Page 2, Line 73 the amount to be paid in installments for years beyond the 2017 year, if applicable. Check box ‘d’ on Line 73 and write TAX to the right of the box. |
Updated: 04/13/2018
_________________________________
[4] This includes section 965(a) inclusion amounts of a United States shareholder of a deferred foreign income corporation and distributive shares and pro rata shares of section 965(a) inclusion amounts of domestic partnerships, S corporations, and other passthrough entities.
[5] This includes deductions under section 965(c) of a United States shareholder of a deferred foreign income corporation and distributive shares and pro rata shares of deductions under section 965(c) of domestic partnerships, S corporations, and other passthrough entities.
[6] See section 965(g).
[7] See section 965(h)(6) and Q&A3.
[8] To make the 965(i) election, the taxpayer will have to file a paper Form 1040.
| S corporation or Partnership Taxpayer | ||||
| Follow these reporting instructions along with attaching the IRC 965 Transition Tax Statement | ||||
| Form | 965(a) Amount | 965(c) Deduction | Foreign Tax Credit (FTC) | Reporting of Net Tax Liability Under Section 965 |
| 1120 S [9], [10] | Page 3, Schedule K, Line 10 | Page 3, Schedule K, Line 12d | N/A | N/A |
| 1065 [11], [12] | Page 4, Schedule K, Line 11 | Page 4, Schedule K, Line 13d | N/A | N/A[9] |
Updated: 04/13/2018
_________________________________
[9] See also Q&A9.
[10] See section 965(f)(2) concerning the treatment of the income inclusion offset by the section 965(c) deduction for the purposes of computing adjustments to shareholder basis under section 1367(a)(1)(A) and calculating the accumulated adjustments account under section 1368(e)(1)(A).
[11] See also Q&A9.
[12]See section 965(f)(2) concerning the treatment of the income inclusion offset by the section 965(c) deduction for the purpose of computing adjustments to the basis of a partner’s interest in a partnership under section 705(a)(1)(B)
| Estate or Trust Taxpayer | ||||
| Follow these reporting instructions along with attaching the IRC 965 Transition Tax Statement | ||||
| Form | 965(a) Amount | 965(c) Deduction | Foreign Tax Credit (FTC) | Reporting of Net Tax Liability Under Section 965 and Amounts to Be Paid in Installments Under Section 965(h) or Deferred Under Section 965(i), If Applicable |
| 1041 [13] – Net 965 amount distributed to beneficiary
posted:3/13/18 |
Include the net 965 amount (section 965(a) amount less section965(c) deduction) to the extent distributed. Include on Page 1, Line 8, Other Income. | See 965(a) amount column. | N/A | N/A |
| 1041 – Net 965 amount not distributed to beneficiary
Updated: 04/13/2018 |
Do not enter the amount on Form 1041 but rather report on IRC 965 Transition Tax Statement, Line 1. | Do not enter an amount on Form 1041 but rather report on IRC 965 Transition Tax Statement, Line 3. | Do not report the relevant section 965(a) amount and the relevant section 965(c) deduction on Form 1116.
If an IRC 962 election is made, do not report the relevant section 965(a) amount, the relevant section 965(c) deduction, the deemed paid foreign taxes with respect to the relevant section 965(a) amount, and the disallowed foreign taxes under section 965(g) on Form 1118. Report the deemed paid foreign taxes with respect to the section 965(a) amount and the foreign taxes disallowed under section 965(g) on IRC 965 Transition Tax Statement, Lines 4a and 4b. |
Include in total on Page 2, Schedule G, Line 7 the net tax liability under section 965.
Include in amount on Page 1, Line 24a the amount to be paid in installments for years beyond the 2017 year, if applicable. |
_________________________________
[13] See also Q&A9.
| Form 1120 Corporate Taxpayer | ||||
| Follow these reporting instructions along with attaching the IRC 965 Transition Tax Statement | ||||
| Form | 965(a) Amount | 965(c) Deduction | Foreign Tax Credit (FTC) | Reporting of Net Tax Liability Under Section 965 and Amounts to Be Paid in Installments Under Section 965(h), If Applicable |
| 1120 | Do not enter an amount on Form 1120 but rather report on IRC 965 Transition Tax Statement, Line 1. | Do not enter an amount on Form 1120 but rather report on IRC 965 Transition Tax Statement, Line 3. | Do not enter the relevant section 965(a) amount, the relevant section 965(c) deduction, the deemed paid foreign taxes with respect to the relevant section 965(a) amount, and the foreign taxes disallowed under section 965(g) on Form 1118. Report the deemed paid foreign taxes with respect to the section 965(a) amount and the foreign taxes disallowed under section 965(g) on IRC 965 Transition Tax Statement, Lines 4a and 4b. | Include in total on Page 3, Schedule J, Part I, Line 11 net tax liability under section 965.
Include in total on Page 3, Schedule J, Part II, Line 19d the amount to be paid in installments for years beyond the 2017 year, if applicable. |
| 1120 PC | Do not enter an amount on Form 1120-PC but rather report on IRC 965 Transition Tax Statement, Line 1. | Do not enter an amount on Form 1120-PC but rather report on IRC 965 Transition Tax Statement, Line 3. | Do not enter the relevant section 965(a) amount, the relevant section 965(c) deduction, the deemed paid foreign taxes with respect to the relevant section 965(a) amount, and the foreign taxes disallowed under section 965(g) on Form 1118. Report the deemed paid foreign taxes with respect to the section 965(a) amount and the foreign taxes disallowed under section 965(g) on IRC 965 Transition Tax Statement, Lines 4a and 4b. | Include in total on Page 1, Line 13 the net tax liability under section 965.
Include in total on Page 1, Line 14k the amount to be paid in installments for years beyond the 2017 taxable year, if applicable. Write ‘965’ on the dotted line to the left of Line 14k. |
Posted: 03/13/2018
| Follow these reporting instructions along with attaching the IRC 965 Transition Tax Statement | ||||
| Form | 965(a) Amount | 965(c) Deduction | Foreign Tax Credit (FTC) | Reporting of Net Tax Liability Under Section 965 and Amounts to Be Paid in Installments Under Section 965(h), If Applicable |
| 1120 L | Do not enter an amount on Form 1120-L but rather report on IRC 965 Transition Tax Statement, Line 1. | Do not enter an amount on Form 1120-L but rather report on IRC 965 Transition Tax Statement, Line 3. | Do not enter the relevant section 965(a) amount, the relevant section 965(c) deduction, the deemed paid foreign taxes with respect to the relevant section 965(a) amount, and the foreign taxes disallowed under section 965(g) on Form 1118. Report the deemed paid foreign taxes with respect to the section 965(a) amount and the foreign taxes disallowed under section 965(g) on IRC 965 Transition Tax Statement, Lines 4a and 4b | Include in total on Page 6, Schedule K, Line 10 the net tax liability under section 965.
Include in total on Page 1, Line 29k the amount to be paid in installments for years beyond the 2017 year, if applicable. Write ‘965’ on the dotted line to the left of Line 29k. . |
Posted: 03/13/2018
| Follow these reporting instructions along with attaching the IRC 965 Transition Tax Statement | ||||
| Form | 965(a) Amount | 965(c) Deduction | Foreign Tax Credit (FTC) | Reporting of Net Tax Liability Under Section 965 and Amounts to Be Paid in Installments Under Section 965(h), If Applicable |
| 1120 REIT that makes Section 965(m)(1)(B) election | Include the 8% portion of the net 965 amount (section 965(a) amount less section 965(c) deduction) on page 1, Part I, Line 7, “Other Income.” Write SEC 965 on the dotted line to the left of Line 7.
So as not to include the 8% portion of the net 965 amount in the REIT’s gross income tests (see section 965(m)(1)(A)), include it on page 2, Part III, Lines 2(c) and 5(c). With regard to those lines, the Instructions for Form 1120-REIT require the taxpayer to attach a copy of the Secretary’s determination allowing an exclusion pursuant to section 856(c)(5)(J)(i) to its tax return. The attachment of IRC 965 Transition Tax Statement to the taxpayer’s return satisfies this requirement. |
See 965(a) amount column. | If applicable, enter the relevant section 965(a) amount, the relevant section 965(c) deduction, the deemed paid foreign taxes with respect to the relevant section 965(a) amount, and the foreign taxes disallowed under section 965(g) on Form 1118. | N/A
. |
Posted: 03/13/2018
| Follow these reporting instructions along with attaching the IRC 965 Transition Tax Statement | ||||
| Form | 965(a) Amount | 965(c) Deduction | Foreign Tax Credit (FTC) | Reporting of Net Tax Liability Under Section 965 and Amounts to Be Paid in Installments Under Section 965(h)), If Applicable |
| 1120 REIT that makes neither Section 965(m)(1)(B) election nor Section 965(h) election | Include the net 965 amount (section 965(a) amount less section 965(c) deduction) on page 1, Part I, Line 7, “Other Income.” Write SEC 965 on the dotted line to the left of Line 7.
So as not to include the net 965 amount in the REIT’s gross income tests (see section 965(m)(1)(A)), include it on page 2, Part III, Lines 2(c) and 5(c). With regard to those lines, the Instructions for Form 1120-REIT require the taxpayer to attach a copy of the Secretary’s determination allowing an exclusion pursuant to section 856(c)(5)(J)(i) to its tax return. The attachment of IRC 965 Transition Tax Statement to the taxpayer’s return satisfies this requirement. |
See 965(a) amount column. | If applicable, enter the relevant section 965(a) amount, the relevant section 965(c) deduction, the deemed paid foreign taxes with respect to the relevant section 965(a) amount, and the foreign taxes disallowed under section 965(g) on Form 1118. | N/A |
Posted: 03/13/2018
| Follow these reporting instructions along with attaching the IRC 965 Transition Tax Statement | ||||
| Form | 965(a) Amount | 965(c) Deduction | Foreign Tax Credit (FTC) | Reporting of Net Tax Liability Under Section 965 and Amounts to Be Paid in Installments Under Section 965(h)), If Applicable |
| 1120 REIT that makes Section 965(h) election | Include the net 965 amount (section 965(a) amount less section 965(c) deduction) on page 1, Part I, Line 7, “Other Income.” Write SEC 965 on the dotted line to the left of Line 7.
So as not to include the net 965 amount in the REIT’s gross income tests (see section 965(m)(1)(A)), include it on page 2, Part III, Lines 2(c) and 5(c). With regard to those lines, the Instructions for Form 1120-REIT require the taxpayer to attach a copy of the Secretary’s determination allowing an exclusion pursuant to section 856(c)(5)(J)(i) to its tax return. The attachment of IRC 965 Transition Tax Statement to the taxpayer’s return satisfies this requirement. |
See 965(a) amount column. | If applicable, enter the relevant section 965(a) amount, the relevant section 965(c) deduction, the deemed paid foreign taxes with respect to the relevant section 965(a) amount, and the foreign taxes disallowed under section 965(g) on Form 1118. | Include in total on Page 1, Line 24h the amount to be paid in installments for years beyond the 2017 taxable year. Write ‘965’ in the space above Line 24h |
Posted: 03/13/2018
| Follow these reporting instructions along with attaching the IRC 965 Transition Tax Statement | ||||
| Form | 965(a) Amount | 965(c) Deduction | Foreign Tax Credit (FTC) | Reporting of Net Tax Liability Under Section 965 and Amounts to Be Paid in Installments Under Section 965(h), If Applicable |
| 1120 RIC | Include a net 965 amount (section 965(a) amount less section 965(c) deduction) on page 1, Part I, Line 7, “Other Income”. Write SEC 965 on the dotted line to the left of Line 7. | See 965(a) amount column. | If applicable, enter the relevant section 965(a) amount, the relevant section 965(c) deduction, the deemed paid foreign taxes with respect to the relevant section 965(a) amount, and the foreign taxes disallowed under section 965(g) on Form 1118. . | Include in total on Page 2, Part I, Line 28i the amount to be paid in installments for years beyond the 2017 taxable year, if applicable. Write ‘965’ in the space above Line 28i. |
Posted: 03/13/2018
| Exempt Organization Taxpayer | ||||
| Follow these reporting instructions along with attaching the IRC 965 Transition Tax Statement | ||||
| Form | 965(a) Amount | 965(c) Deduction | Foreign Tax Credit (FTC) | Reporting of Net Tax Liability Under Section 965 and Amounts to Be Paid in Installments Under Section 965(h), If Applicable |
| 990T | Do not enter an amount on Form 990-T but rather report on IRC 965 Transition Tax Statement, Line 1. | Do not enter an amount on Form 990-T but rather report on IRC 965 Transition Tax Statement, Line 3. | Do not enter the relevant section 965(a) amount, the relevant section 965(c) deduction, the deemed paid foreign taxes with respect to the relevant section 965(a) amount, and the foreign taxes disallowed under section 965(g) on Form 1118. Report the deemed paid foreign taxes with respect to the section 965(a) amount and the foreign taxes disallowed under section 965(g) on IRC 965 Transition Tax Statement, Lines 4a and 4b. | Include in total on Page 2, Part IV, Line 44 the net tax liability under section 965.
Include in total on Page 2, Part IV, Line 45g the amount to be paid in installments for years beyond the 2017 year, if applicable. Check the “Other” box on Line 45g and write “965” to the right of the box. |
Expert Tax Defense Attorneys
Need help with tax issues? Contact us as soon as possible to discuss your rights and the ways we can assist in your defense. We handle all types of cases, including complex international & offshore tax compliance. Schedule a consultation or call (214) 984-3000 to discuss your tax issues or questions.
