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                                                                                                   Department of the Treasury
                                                                                                   Internal Revenue Service
2023

Instructions for Form 8801

Credit for Prior Year Minimum Tax—Individuals, Estates, and Trusts

Section references are to the Internal Revenue Code unless            line 4. Otherwise, enter on Form 8801, line 4, the amount from 
otherwise noted.                                                      Schedule I, line 27, adjusted for exclusion items that were 
                                                                      allocated to the beneficiary.
Future Developments
For the latest information about developments related to Form         Note. If you complete Parts I and II of a 2022 Form 1041, 
8801 and its instructions, such as legislation enacted after they     Schedule I, as a worksheet to figure the amount to enter on 2023 
were published, go to IRS.gov/Form8801.                               Form 8801, line 4, don't attach that worksheet Schedule I to 
                                                                      your tax return. Instead, keep it for your records.

General Instructions                                                  Line 2
                                                                      Enter on this line the adjustments and preferences treated as 
Purpose of Form                                                       exclusion items. Exclusion items are only the following AMT 
Use Form 8801 if you are an individual, estate, or trust to figure    adjustments and preferences: certain itemized deductions 
the minimum tax credit, if any, for alternative minimum tax (AMT)     (including any investment interest expense reported on 
you incurred in prior tax years and to figure any credit              Schedule E), certain tax-exempt interest, depletion, the section 
carryforward to 2024.                                                 1202 exclusion, the standard deduction, and any other 
                                                                      adjustments related to exclusion items. If you didn’t file a 
Who Should File                                                       Schedule A in 2022, include your 2022 standard deduction. 
Complete Form 8801 if you are an individual, estate, or trust that    Combine lines 2a, 2b, 2c, 2d, 2g, and 2h of your 2022 Form 
for 2022 had:                                                         6251. Don't include any amount from line 2j of the 2022 Form 
• An AMT liability and adjustments or preferences other than          6251. Instead, include the exclusion item amount from the 
exclusion items,                                                      Schedule(s) K-1 (Form 1041) you received for 2022. That 
• A credit carryforward to 2023 (on 2022 Form 8801, line 26), or      amount is shown in box 12 with code J. If you included on line 3 
• An unallowed qualified electric vehicle credit (see the             of the 2022 Form 6251 any adjustments related to exclusion 
instructions for line 20).                                            items, also include those adjustments in the amount you enter 
                                                                      on line 2. Enter the total on line 2.
  File Form 8801 only if line 21 is more than zero.                   Exclusion items on other lines.      If you included any exclusion 
                                                                      item on a line not listed above, include that item in the amount 
                                                                      you enter on line 2. For example, if depletion was included on 
Specific Instructions                                                 Form 6251 as an adjustment on line 2m (passive activities) 
                                                                      instead of on line 2d (depletion), include it as an exclusion item 
The AMT is a separate tax that is imposed in addition to your         in the amount you enter on line 2.
regular tax. It is caused by two types of adjustments and 
preferences—deferral items and exclusion items. Deferral items        Line 3
(for example, depreciation) generally don't cause a permanent 
difference in taxable income over time. Exclusion items (for          Your minimum tax credit net operating loss deduction 
example, the standard deduction), on the other hand, do cause a       (MTCNOLD) is the total of the minimum tax credit net operating 
permanent difference. The minimum tax credit is allowed only for      loss (MTCNOL) carryovers and carrybacks to 2022. Your 
the AMT caused by deferral items.                                     MTCNOL is figured as follows.
                                                                      Your MTCNOL is the excess of the deductions allowed when 
Part I—Net Minimum Tax on Exclusion                                   computing alternative minimum taxable income (AMTI) for 2022 
Items                                                                 (excluding the MTCNOLD) over the income used to figure AMTI 
                                                                      taking into account only exclusion items for both. Figure this 
                                                                      excess with the modifications in section 172(d) taking into 
Line 1—Estates and Trusts
                                                                      account only exclusion items. (That is, the section 172(d) 
These line 1 instructions are for estates and trusts only. If you are modifications must be figured separately for the MTCNOL.)
filing on behalf of an estate or trust, skip lines 1 through 3 of 
Form 8801. To figure the amount to enter on line 4 of Form 8801,      For example, the limitation of nonbusiness deductions to the 
complete Parts I and II of another 2022 Form 1041, Schedule I,        amount of nonbusiness income must be figured separately for 
as a worksheet. After completing lines 1 and 6 of Schedule I,         the MTCNOL using only nonbusiness income and deductions 
complete the rest of Part I of Schedule I by taking into account      but taking into account only exclusion items. However, ignore the 
only exclusion items (the amounts included on lines 2, 3, 4, 5, 7,    disallowance of the deduction for personal exemptions under 
and 8, and any other adjustments related to exclusion items           section 172(d)(3) because it has already been taken into 
included on line 21 of Schedule I). On line 22 of Schedule I, use     account to figure AMTI attributable only to exclusion items.
the minimum tax credit net operating loss deduction                   To determine the amount of MTCNOL that may be carried to 
(MTCNOLD). However, don't limit the MTCNOLD to 90% of the             tax years other than 2022, apply sections 172(b)(2) and 172(d) 
total of lines 1 through 21 of Schedule I. (See the instructions for  with appropriate modifications to take into account only 
line 3 of Form 8801 for how to figure the MTCNOLD.) In Part II of     exclusion items.
Schedule I, complete lines 33 and 34 without taking into account 
any basis adjustments arising from deferral items. If the amount 
on Schedule I, line 27, is zero or less, enter -0- on Form 8801, 

Jun 13, 2023                                                 Cat. No. 10600C



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Line 4                                                                       of each 2022 Form 1116. You will use these MTFTCE Forms 
If your filing status was married filing separately for 2022 and             1116 to figure the MTFTCE amount to enter on line 12 of Form 
line 4 is more than $776,100, you must include an additional                 8801.
amount on line 4. If line 4 is $1,012,300 or more, include an                  Figuring high-taxed income.                                          When applying the separate 
additional $59,050 on line 4. Otherwise, include 25% of the                  categories of income, use the applicable AMT rate instead of the 
excess of the amount on line 4 over $776,100. For example, if                regular tax rate to determine if any income is “high-taxed.”
the amount on line 4 is $796,100, enter $801,100 instead—the                 Step 2. Complete Part I of each MTFTCE Form 1116 using only 
additional $5,000 is 25% of $20,000 ($796,100 minus                          taxable income and exclusion items that are attributable to 
$776,100).                                                                   sources outside the United States. See Foreign source qualified 
                                                                             dividends and capital gains (losses) below for possible 
Line 10                                                                      adjustments.
If you filed Form 1040-NR for 2022 and had a net gain on the                   Simplified limitation election.                                      If you figured your 2022 
disposition of U.S. real property interests, line 10 can't be less           AMTFTC using the simplified limitation election, skip Part I and 
than the smaller of that net gain or line 4.                                 go to Step 3, Simplified limitation election.
                                                                             Foreign source qualified dividends and capital gains (los-
Line 11                                                                      ses). If you had any 2022 foreign source qualified dividends or 
If for 2022 you claimed the foreign earned income exclusion,                 foreign source capital gains (including any foreign source capital 
housing exclusion, or housing deduction on Form 2555, you                    gain distributions) or losses, use the following instructions to 
must use the Foreign Earned Income Tax Worksheet in these                    determine whether you must make adjustments to those 
instructions to figure the amount to enter on line 11.                       amounts before you include the amounts on line 1a or line 5 of 
                                                                             the MTFTCE Form 1116.
Line 12                                                                        Foreign qualified dividends.                                         You must adjust your foreign 
Figuring the minimum tax foreign tax credit on exclusion                     source qualified dividends before you include those amounts on 
items (MTFTCE).     If you made an election to claim the foreign             line 1a of the MTFTCE Form 1116 if:
tax credit on your 2022 Form 1040, 1040-SR, or 1040-NR                       • Line 53 of Form 8801 is smaller than line 54, and
without filing Form 1116, your MTFTCE is the same as the                     • Line 32 of Form 8801 is greater than zero.
foreign tax credit on your 2022 Schedule 3 (Form 1040), line 1.                But you don't need to make any adjustments if:
Enter that amount on Form 8801, line 12. Otherwise, your                     • You qualified for the adjustment exception under Qualified 
MTFTCE is your 2022 AMT foreign tax credit (AMTFTC)                          Dividends and Capital Gain Tax Worksheet Individuals (                      ), 
refigured using only exclusion items. Figure your MTFTCE as                  Qualified Dividends Tax Worksheet Estates and Trusts (                      ), or 
follows.                                                                     Adjustments to foreign qualified dividends under Schedule D 
Step 1.  Separate your foreign source income into categories.                Filers, whichever applies, in the Instructions for Form 1116 when 
See the 2022 Instructions for Form 1116 for information about                you completed your regular tax Form 1116 (or you would've 
categories of income. Complete a separate 2022 Form 1116 for                 qualified for that adjustment exception if you had completed a 
the MTFTCE for each separate category of income. Write                       regular tax Form 1116) for 2022; and
“MTFTCE” and specify the category of income in the top margin                • Line 32 of Form 8801 isn't more than $206,100 ($103,050 if 
                                                                             married filing separately for 2022).

Foreign Earned Income Tax Worksheet—Line 11                                                                                                         Keep for Your Records
Before you begin:   If Form 8801, line 10, is zero, don't complete this worksheet.
   1. Enter the amount from Form 8801, line 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                1.   
2a.   Enter the amount from your (and your spouse's if filing jointly) 2022 Form 2555, lines 45 
      and 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2a.    
   b. Enter the total amount of any itemized deductions or exclusion items you couldn't claim 
      because they are related to excluded income . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                        2b.    
   c. Subtract line 2b from line 2a. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .                 2c.  
   3. Add lines 1 and 2c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  3.   
   4. Tax on the amount on line 3.
      •  If for 2022 you reported capital gain distributions directly on Form 1040 or 1040-SR, 
      line 7; or you reported qualified dividends on Form 1040 or 1040-SR, line 3a; or you had a 
      gain on both lines 15 and 16 of Schedule D (Form 1040), enter the amount from line 3 of 
      this worksheet on Form 8801, line 27. Complete the rest of Part III of Form 8801. However,                                                         
                                                                                                                                                    4.
      before completing Part III, see Form 2555, later, to see if you must complete Part III with 
      certain modifications. Then enter the amount from Form 8801, line 55, here.
      •  All others: If line 3 is $206,100 or less ($103,050 or less if married filing separately for 
      2022), multiply line 3 by 26% (0.26). Otherwise, multiply line 3 by 28% (0.28) and subtract 
      $4,122 ($2,061 if married filing separately for 2022) from the result. 
   5. Tax on the amount on line 2c. If line 2c is $206,100 or less ($103,050 or less if married filing 
      separately for 2022), multiply line 2c by 26% (0.26). Otherwise, multiply line 2c by 28% (0.28) and 
      subtract $4,122 ($2,061 if married filing separately for 2022) from the result  . . . . . . . . . . . . . . . .                               5.   
   6. Subtract line 5 from line 4. Enter the result here and on Form 8801, line 11 . . . . . . . . . . . . . . . . .                                6.   

                                                                   -2-                                                                             Instructions for Form 8801 (2023)



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  To adjust your foreign source qualified dividends, multiply           worksheet is zero, or (c) line 23 of that worksheet is equal to or 
your foreign source qualified dividends in each separate                greater than line 24.
category by 0.5357 (instead of 0.4054) if the foreign source            • You figured your 2022 tax using the Schedule D Tax 
qualified dividends are taxed at a rate of 15%, and by 0.7143           Worksheet in the Instructions for Schedule D (Form 1040) and 
(instead of 0.5405) if they are taxed at a rate of 20%. Include the     (a) line 18 of that worksheet is zero, (b) line 9 of that worksheet is 
results on line 1a of the applicable MTFTCE Form 1116.                  zero or less, or (c) line 45 of that worksheet is equal to or greater 
  You adjust your foreign source qualified dividends taxed at a         than line 46.
rate of 0% by not including them on line 1a of MTFTCE Form              • You figured your 2022 tax using Schedule D (Form 1041) and 
1116.                                                                   (a) line 27 of Schedule D is zero, (b) line 22 of Schedule D minus 
                                                                        the amount on line 4e of Form 4952 that you elected to include 
  For individuals, the amounts taxed at the 0% rate are on line 9       on line 4g of Form 4952 is zero or less, or (c) line 43 of 
of the Qualified Dividends and Capital Gain Tax Worksheet in the        Schedule D is equal to or greater than line 44.
2022 Instructions for Form 1040 or line 22 of the Schedule D Tax          You figured your 2022 tax using the Schedule D Tax 
                                                                        •
Worksheet in the 2022 Instructions for Schedule D (Form 1040).          Worksheet in the Instructions for Schedule D (Form 1041) and 
  For estates and trusts, the amounts taxed at the 0% tax rate          (a) line 17a of that worksheet is zero, (b) line 9 of that worksheet 
are found on line 19 of the Schedule D Tax Worksheet in the             is zero or less, or (c) line 42 of that worksheet is equal to or 
2022 Instructions for Schedule D (Form 1041), or line 8 of the          greater than line 43.
Qualified Dividends Tax Worksheet in the 2022 Instructions for            Use Worksheet B in the 2022 Instructions for Form 1116 if 
Form 1041, whichever applies.                                           you:
        Don’t adjust the amount of any foreign source qualified         • Can't use Worksheet A,
  !     dividend you elected to include on line 4g of Form 4952.        • Had 2022 foreign source capital gains and losses in no more 
CAUTION                                                                 than two separate categories,
  Individuals with capital gain distributions only.     If you had      • Didn't have any item of unrecaptured section 1250 gain or 
no 2022 capital gains or losses other than capital gain                 28% rate gain or loss, and
distributions from box 2a of Form(s) 1099-DIV or substitute             • Didn't have any capital gains taxed at a rate of 0% or 20%.
statement(s), you must adjust your foreign source capital gain            Instructions for Worksheets A and B.    When you complete 
distributions before you include those amounts on line 1a of the        Worksheet A or Worksheet B, don't use any foreign source 
MTFTCE Form 1116 if you are required to adjust your foreign             capital gains you elected to include on line 4g of Form 4952. Use 
source qualified dividends under the rules just described or you        0.5357 instead of 0.4054 to complete lines 11, 13, and 15 of 
would be required to adjust your foreign source qualified               Worksheet B and to complete lines 8, 11, and 17 of the Line 15 
dividends if you had any.                                               Worksheet for Worksheet B.
  To adjust your foreign source capital gain distributions,               If you don't qualify to use Worksheet A or Worksheet B, use 
multiply your foreign source capital gain distributions in each         the instructions for Capital Gains and Losses in Pub. 514, 
separate category by 0.5357 (instead of 0.4054) if the foreign          Foreign Tax Credit for Individuals, to determine the adjustments 
source capital gain distributions are taxed at a rate of 15%, and       you make. Also see the 2022 Instructions for Form 6251 for 
by 0.7143 (instead of 0.5405) if they are taxed at a rate of 20%.       information on rate substitutions that would apply when 
Include the results on line 1a of the applicable MTFTCE Form            determining those adjustments.
1116.                                                                   Step 3. Complete lines 9 through 17 of the MTFTCE Form 
  You adjust your foreign source capital gain distributions taxed       1116. For line 9, use the same amount you entered on that line 
at a rate of 0% by not including them on line 1a of MTFTCE              for 2022 for the regular tax. Use your MTFTCE carryover, if any, 
Form 1116.                                                              on line 10.
  For individuals, the amounts taxed at the 0% rate are on line 9         Simplified limitation election.   If you figured your 2022 
of the Qualified Dividends and Capital Gain Tax Worksheet in the        AMTFTC using the simplified limitation election, complete lines 9 
2022 Instructions for Form 1040 or line 22 of the Schedule D Tax        through 14 of the MTFTCE Form 1116. For line 9, use the same 
Worksheet in the 2022 Instructions for Schedule D (Form 1040).          amount you entered on that line for 2022 for the regular tax. Use 
  For estates and trusts, the amounts taxed at the 0% tax rate          your MTFTCE carryover, if any, on line 10. Enter on line 17 the 
are found on line 19 of the Schedule D Tax Worksheet in the             same amount you entered on that line for the 2022 AMT Form 
2022 Instructions for Schedule D (Form 1041), or line 8 of the          1116.
Qualified Dividends Tax Worksheet in the 2022 Instructions for          Step 4. Enter the amount from Form 8801, line 4, on line 18 of 
Form 1041, whichever applies.                                           the MTFTCE Form 1116 and go to Step 5 unless you must 
        Don’t adjust the amount of any foreign source capital           complete an MTFTCE Worksheet for Line 18. In most cases, you 
                                                                        must complete an MTFTCE Worksheet for Line 18 if you 
  !     gain distribution you elected to include on line 4g of          completed Part III of Form 8801 and:
CAUTION Form 4952.
                                                                        • Line 53 of Form 8801 is smaller than line 54, and
  Other capital gains or losses. Use Worksheet A in the 2022            • Line 32 of Form 8801 is greater than zero.
Instructions for Form 1116 to determine the adjustments you               But even if you meet the requirements above, you don't need 
must make to your foreign source capital gains or losses if you         to complete an MTFTCE Worksheet for Line 18 if:
have foreign source capital gains or losses in no more than two         • You qualified for the adjustment exception under Qualified 
separate categories and any of the following apply.                     Dividends and Capital Gain Tax Worksheet Individuals (     ), 
• You weren't required to make adjustments to your foreign              Qualified Dividends Tax Worksheet Estates and Trusts (     ), or 
source qualified dividends under the rules described earlier (or        Adjustments to foreign qualified dividends under Schedule D 
you wouldn't have been required to make those adjustments if            Filers, whichever applies, in the Instructions for Form 1116 when 
you had foreign source qualified dividends).                            you completed your regular tax Form 1116 (or you would've 
• Line 15 or 16 of your 2022 Schedule D (Form 1040) (column             qualified for that adjustment exception if you had completed a 
(2) of line 18a or 19 of Schedule D (Form 1041)) is zero or a loss.     regular tax Form 1116) for 2022; and
• You figured your 2022 tax using the Qualified Dividends and           • Line 32 of Form 8801 isn't more than $206,100 ($103,050 if 
Capital Gain Tax Worksheet in the Instructions for Form 1040            married filing separately for 2022).
and (a) line 3 of that worksheet is zero or less, (b) line 5 of that 

Instructions for Form 8801 (2023)                                    -3-



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Instructions for MTFTCE Worksheet for Line 18.        If you              Credit to Holders of Tax Credit Bonds, on line 6k). Enter the 
must complete an MTFTCE Worksheet for Line 18 for your                    result. If the result is zero or less, enter -0-.
MTFTCE Form 1116, you will use the Worksheet for Line 18 in 
                                                                          Form 1041, Schedule G.   Add the credits on lines 2a and 2b, 
the Instructions for Form 1116 and do the following.
                                                                          plus any write-in credits on line 2e. Subtract the result from the 
1. Enter the amount from Form 8801, line 4, on line 1 of the              total of lines 1a and 1b, plus any Form 8978 amount included on 
worksheet.                                                                line 1d. Enter the result. If the result is zero or less, enter -0-.
2. Skip lines 2 and 3 of the worksheet.
3. Enter the amount from Form 8801, line 51, on line 4 of the             Part III—Tax Computation Using 
worksheet.                                                                Maximum Capital Gains Rates
4. Multiply line 4 of the worksheet by 0.1071 (instead of                 If your 2022 taxable income was zero or less, enter -0- on Form 
0.3243). Enter the result on line 5 of the worksheet.                     8801, line 35. You must also take one of the following actions, 
5. Enter the amount from Form 8801, line 48, on line 6 of the             whichever applies to you, before completing lines 28, 29, and 30 
worksheet.                                                                of Part III.
6. Multiply line 6 of the worksheet by 0.2857 (instead of                 • Complete lines 2 through 4 of the Qualified Dividends and 
0.4595). Enter the result on line 7 of the worksheet.                     Capital Gain Tax Worksheet in the 2022 Instructions for Form 
                                                                          1040.
7. Enter the amount from Form 8801, line 45, on line 8 of the             • Complete lines 2 through 13 of the Schedule D Tax Worksheet 
worksheet.                                                                in the 2022 Instructions for Schedule D (Form 1040) or the 2022 
8. Multiply line 8 of the worksheet by 0.4643 (instead of                 Instructions for Schedule D (Form 1041), whichever applies.
0.5946). Enter the result on line 9 of the worksheet.                     • Complete lines 2 through 4 of the Qualified Dividends Tax 
9. Enter the amount from Form 8801, line 38, on line 10 of                Worksheet in the 2022 Instructions for Form 1041.
the worksheet.                                                            • Complete lines 22 through 26 of the 2022 Schedule D (Form 
                                                                          1041).
10.      Complete lines 11 and 12 of the worksheet as instructed          To determine which worksheet or form above applies to you, see 
on the worksheet.                                                         the 2022 Instructions for Form 1040, line 16; Form 1040-NR, 
11.      Enter the amount from your MTFTCE Worksheet for                  line 16; or Form 1041, Schedule G, line 1a.
Line 18 on your MTFTCE Form 1116, line 18.
                                                                          Lines 28, 29, and 30
Step 5.  Enter the amount from Form 8801, line 11, on the                 Follow the instructions below to figure the amounts to enter on 
MTFTCE Form 1116, line 20. Complete lines 19 through 24 of                lines 28, 29, and 30 if, for 2022:
the MTFTCE Form 1116.
                                                                            1. You filed Form 1041 and didn't use the Schedule D Tax 
Step 6.  Complete Part IV of the first MTFTCE Form 1116 only.             Worksheet or Part V of Schedule D (Form 1041) to figure your 
Enter the amount from that MTFTCE Form 1116, line 35, on                  tax, or
Form 8801, line 12.                                                         2. You filed Form 2555 and have an AMT capital gain excess 
                                                                          (defined later).
Note.    Keep all Forms 1116 you used to figure your MTFTCE, 
but don't attach them to your tax return.                                 Otherwise, complete lines 28, 29, and 30 following the 
If line 14 of the MTFTCE Form 1116 is greater than line 21 of             instructions for those lines on the form.
the MTFTCE Form 1116, keep a record of the difference. This               Estates and trusts. If (1) above applies, enter the amount from 
amount is carried forward and used to figure your MTFTCE next             line 4 of the Qualified Dividends Tax Worksheet in the 2022 
year.                                                                     Instructions for Form 1041 on Form 8801, lines 28 and 30; skip 
                                                                          Form 8801, line 29; and enter on Form 8801, lines 35 and 42, the 
Part II—Minimum Tax Credit and                                            amount from line 5 of that worksheet.
Carryforward to 2024                                                      Form 2555.  If (2) above applies, and you filed Form 2555 for 
                                                                          2022 and you have an AMT capital gain excess, you must 
Line 20                                                                   complete Part III of Form 8801 with certain modifications. To see 
Enter any qualified electric vehicle credit not allowed for 2022          if you have an AMT capital gain excess, subtract Form 8801, 
solely because of the limitation under section 30(b)(3)(B) (as in         line 10, from line 4 of your 2022 Qualified Dividends and Capital 
effect prior to the amendment of section 30 by Public Law 111-5,          Gain Tax Worksheet or line 10 of your 2022 Schedule D Tax 
the American Recovery and Reinvestment Tax Act of 2009).                  Worksheet, whichever applies. If the result is more than zero, 
                                                                          that amount is your AMT capital gain excess.
Line 21                                                                     If you have an AMT capital gain excess, figure the amounts to 
If line 21 is zero or less, you don't have a minimum tax credit or a      enter on lines 28, 29, and 30 of Form 8801 using the following 
credit carryforward. Don't complete the rest of this form and don't       modifications (only for purposes of Part III of Form 8801).
file it.                                                                    1. Reduce the amount on line 3 of your 2022 Qualified 
                                                                          Dividends and Capital Gain Tax Worksheet or line 9 of your 2022 
Line 22                                                                   Schedule D Tax Worksheet (but not below zero) by your AMT 
Follow the instructions below and refer to your 2023 income tax           capital gain excess.
return to figure the amount to enter on line 22.                            2. Reduce the amount on line 2 of your 2022 Qualified 
Form 1040, 1040-SR, or 1040-NR. Add the amounts from                      Dividends and Capital Gain Tax Worksheet or line 6 of your 2022 
Form 1040, 1040-SR, or 1040-NR, line 16 and Schedule 2 (Form              Schedule D Tax Worksheet (but not below zero) by any of your 
1040), line 2. Subtract from the result the total of any credits from     AMT capital gain excess not used in (1).
Form 1040, 1040-SR, or 1040-NR, line 19 and Schedule 3 (Form                3. Reduce the amount on your 2022 Schedule D (Form 
1040), lines 1 through 6z (not including any credit for prior year        1040), line 18 (but not below zero) by your AMT capital gain 
minimum tax on line 6b or any credit claimed on Form 8912,                excess.

                                                                      -4-                          Instructions for Form 8801 (2023)



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4. Include your AMT capital gain excess as a loss on line 16         States. You are required to give us the information. We need it to 
of your 2022 Unrecaptured Section 1250 Gain Worksheet in the         ensure that you are complying with these laws and to allow us to 
2022 Instructions for Schedule D (Form 1040).                        figure and collect the right amount of tax.
Also see the instructions for line 35.                               You are not required to provide the information requested on 
                                                                     a form that is subject to the Paperwork Reduction Act unless the 
Line 35                                                              form displays a valid OMB control number. Books or records 
Form 2555. If you filed Form 2555 for 2022, the amount you           relating to a form or its instructions must be retained as long as 
enter on line 35 will take into account your regular tax capital     their contents may become material in the administration of any 
gain excess, if any, for 2022.                                       Internal Revenue law. Generally, tax returns and return 
                                                                     information are confidential, as required by section 6103.
If you filed Form 2555 for 2022 and you didn't complete either 
the Qualified Dividends and Capital Gain Tax Worksheet or the        The time needed to complete and file this form will vary 
Schedule D Tax Worksheet for the regular tax, enter the amount       depending on individual circumstances. The estimated burden 
from line 3 of the Foreign Earned Income Tax Worksheet in the        for individual taxpayers filing this form is approved under OMB 
Instructions for Form 1040 (as figured for the regular tax).         control number 1545-0074 and is included in the estimates 
For information on regular tax capital gain excess and AMT           shown in the instructions for their individual income tax return. 
capital gain excess (if you filed Form 2555), see Line 20 in the     The estimated burden for all other taxpayers who file this form is 
2022 Instructions for Form 6251.                                     shown below.

Line 42                                                                           . . . . . . . . . . . . . . . . . . 2 hrs., 4 min.
                                                                     Recordkeeping
                                                                     Learning about the law or the form
Follow the instructions below to figure the amount to enter on                                                . . .   2 hrs., 13 min.
line 42.
                                                                     Preparing the form . . . . . . . . . . . . . . . 1 hr., 57 min.
Form 1040, 1040-SR, or 1040-NR.  If you didn't complete the          Copying, assembling, and sending the 
                                                                     form to the IRS
2022 Qualified Dividends and Capital Gain Tax Worksheet or the                      . . . . . . . . . . . . . . . .          48 min.
2022 Schedule D Tax Worksheet, enter the amount from your 
2022 Form 1040, 1040-SR, or 1040-NR, line 15; if zero or less, 
enter -0-. If you didn't complete either 2022 worksheet and you 
filed a 2022 Form 2555, enter the amount from line 3 of the          If you have comments concerning the accuracy of these time 
Foreign Earned Income Tax Worksheet in the 2022 Instructions         estimates or suggestions for making this form simpler, we would 
for Form 1040.                                                       be happy to hear from you. See the instructions for the tax return 
                                                                     with which this form is filed.
Paperwork Reduction Act Notice.  We ask for the information 
on this form to carry out the Internal Revenue laws of the United 

Instructions for Form 8801 (2023)                                 -5-






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