Userid: CPM Schema: Leadpct: 100% Pt. size: 10 Draft Ok to Print instrx AH XSL/XML Fileid: … ns/i1120pc/2023/a/xml/cycle07/source (Init. & Date) _______ Page 1 of 28 13:27 - 29-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Department of the Treasury Internal Revenue Service 2023 Instructions for Form 1120-PC U.S. Property and Casualty Insurance Company Income Tax Return Section references are to the Internal Revenue Code Contents Page unless otherwise noted. Schedule M-1 . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Contents Page Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 What's New . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Future Developments Photographs of Missing Children . . . . . . . . . . . . . . . . 2 For the latest information about developments related to The Taxpayer Advocate Service . . . . . . . . . . . . . . . . . 2 Form 1120-PC and its instructions, such as legislation How To Get Forms and Publications . . . . . . . . . . . . . . 2 enacted after they were published, go to IRS.gov/ General Instructions . . . . . . . . . . . . . . . . . . . . . . . . . 2 Form1120PC. Purpose of Form . . . . . . . . . . . . . . . . . . . . . . . . . 2 What's New Who Must File . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Where To File . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Increase in penalty for failure to file. For tax returns Electronic Filing . . . . . . . . . . . . . . . . . . . . . . . . . 2 required to be filed in 2024, the minimum penalty for failure to file a tax return that is more than 60 days late has When To File . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 increased to the smaller of the tax due or $485. See Late Who Must Sign . . . . . . . . . . . . . . . . . . . . . . . . . . 3 filing of return, later. Paid Preparer Authorization . . . . . . . . . . . . . . . . . 3 Expiration of 100% business meal expense deduc- Statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 tion. The temporary 100% business meal expenses Assembling the Return . . . . . . . . . . . . . . . . . . . . 4 deduction for food and beverages provided by a Tax Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 restaurant does not apply to amounts paid or incurred Estimated Tax Payments . . . . . . . . . . . . . . . . . . . 4 after 2022. Interest and Penalties . . . . . . . . . . . . . . . . . . . . . 5 Corporate alternative minimum tax (CAMT). For tax Accounting Methods . . . . . . . . . . . . . . . . . . . . . . 5 years beginning after 2022, certain corporations must Accounting Period . . . . . . . . . . . . . . . . . . . . . . . 6 determine whether they are subject to the new CAMT and Rounding Off to Whole Dollars . . . . . . . . . . . . . . . 6 calculate CAMT, if applicable. See the instructions for Recordkeeping . . . . . . . . . . . . . . . . . . . . . . . . . . 6 page 1, line 6. Also, see new Schedule I, Question 20. Other Forms and Statements That May Be Elective payment election. Applicable entities and Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 electing taxpayers can elect to treat certain credits as Specific Instructions . . . . . . . . . . . . . . . . . . . . . . . . . 6 elective payments. Resulting overpayment may result in Period Covered . . . . . . . . . . . . . . . . . . . . . . . . . 6 refunds. See the instructions for line 15g. Also see the Instructions for Form 3800. Name and Address . . . . . . . . . . . . . . . . . . . . . . . 7 Identifying Information . . . . . . . . . . . . . . . . . . . . . 7 Relief from additions to tax for underpayments appli- Employer Identification Number (EIN) . . . . . . . . . . 8 cable to the new corporate alternative minimum tax. For tax year 2023, the IRS will waive the penalty for failure Section 953 Elections . . . . . . . . . . . . . . . . . . . . . 8 to make estimated tax payments for taxes attributable to a Final Return, Name Change, Address CAMT liability for affected corporations. Affected Change, or Amended Return . . . . . . . . . . . . . . 8 corporations must still file Form 2220 even if they owe no Taxable Income . . . . . . . . . . . . . . . . . . . . . . . . . 8 estimated tax penalty. However, affected corporations Tax Computation and Payments . . . . . . . . . . . . . . 8 may exclude the CAMT tax liability when calculating the Schedule A . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 required annual payment on Form 2220. Affected Schedule B, Part I . . . . . . . . . . . . . . . . . . . . . . . 18 corporations must also include an amount of estimated tax penalty on page 1, line 17 of Form 1120-PC even if Schedule B, Part II . . . . . . . . . . . . . . . . . . . . . . 18 that amount is zero. Failure to follow these instructions Schedule C . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 could result in the corporation receiving a penalty notice Schedule E . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 that will require an abatement request to apply the relief Schedule F . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 provided by Notice 2023-42. See Notice 2023-42, Schedule G . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 2023-26 I.R.B. 1085, available at IRS.gov/irb/ Schedule H . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 2023-26_IRB#NOT-2023-42. Also, see the instructions for page 1, line 17. Schedule I . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Schedule L . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Jan 29, 2024 Cat. No. 64537I |
Page 2 of 28 Fileid: … ns/i1120pc/2023/a/xml/cycle07/source 13:27 - 29-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Photographs of General Instructions Missing Children The Internal Revenue Service is a proud partner with the Purpose of Form National Center for Missing & Exploited Children® Use Form 1120-PC to report the income, gains, losses, (NCMEC). Photographs of missing children selected by deductions, and credits, and to figure the income tax the Center may appear in instructions on pages that would liability of insurance companies, other than life insurance otherwise be blank. You can help bring these children companies. home by looking at the photographs and calling 1-800-THE-LOST (1-800-843-5678) if you recognize a Who Must File child. Every domestic nonlife insurance company and every foreign corporation that would qualify as a nonlife The Taxpayer Advocate Service insurance company subject to taxation under section 831, The Taxpayer Advocate Service (TAS) is an independent if it were a U.S. corporation, must file Form 1120-PC. This organization within the IRS that helps taxpayers and includes organizations described in section 501(m)(1) that protects taxpayer rights. TAS's job is to ensure that every provide commercial-type insurance and organizations taxpayer is treated fairly and knows and understands their described in section 833. rights under the Taxpayer Bill of Rights. Exceptions. A nonlife insurance company that is: As a taxpayer, the corporation has rights that the IRS • Exempt under section 501(c)(15) should file Form 990, must abide by in its dealings with the corporation. TAS can Return of Organization Exempt From Income Tax; help the corporation if: • Subject to taxation under section 831, and disposes of • A problem is causing financial difficulty for the business; its insurance business and reserves, or otherwise ceases • The business is facing an immediate threat of adverse to be taxed under section 831, but continues its corporate action; and existence while winding up and liquidating its affairs, • The corporation has tried repeatedly to contact the IRS should file Form 1120, U.S. Corporation Income Tax but no one has responded, or the IRS hasn't responded Return. by the date promised. Life insurance companies. Life insurance companies should file Form 1120-L, U.S. Life Insurance Company The TAS tax toolkit at TaxpayerAdvocate.IRS.gov can Income Tax Return. help the corporation understand these rights. Foreign-owned domestic disregarded entities. If a TAS has offices in every state, the District of Columbia, foreign person, including a foreign corporation, wholly and Puerto Rico. Local advocates' numbers are in their owns a domestic disregarded entity (DE), the domestic local directories and at TaxpayerAdvocate.IRS.gov/ DE is treated as a domestic corporation separate from its Contact-Us. The corporation can also call TAS at owner (the foreign corporation) for purposes of the 877-777-4778. reporting requirements under section 6038A that apply to 25% foreign-owned domestic corporations. These rules TAS also works to resolve large-scale or systemic apply to a domestic DE owned by a foreign insurance problems that affect many taxpayers. If the corporation company that makes an election under section 953(c)(3) knows of one of these broad issues, please report it to (C) but do not apply to a domestic DE owned by a foreign TAS through the Systemic Advocacy Management insurance company that makes an election under section System at IRS.gov/SAMS. 953(d) (for information on these elections, see the For more information, go to instructions for item D). If a foreign insurance company IRS.gov/Advocate. electing under section 953(c)(3)(C) wholly owns a domestic DE, the DE is required to file Form 5472, How To Get Forms Information Return of a 25% Foreign-Owned U.S. Corporation or a Foreign Corporation Engaged in a U.S. and Publications Trade or Business. For additional information and Internet. You can access the IRS website 24 hours a day, coordination with Form 5472 filing by the domestic DE, 7 days a week, at IRS.gov to: see the Instructions for Form 5472. • Download forms, instructions, and publications; • Order IRS products online; Electronic Filing • Research your tax questions online; Go to IRS.gov/Filing for the latest information. Also, go to • Search publications online by topic or keyword; IRS.gov/MeF and click on the link for “Modernized e-File • View Internal Revenue Bulletins (IRBs) published in Forms” for information on which forms the corporation can recent years; and or must e-file. • Sign up to receive local and national tax news by email. When To File Tax forms and publications. The corporation can view, Generally, a corporation must file its income tax return by print, or download all of the forms and publications it may the 15th day of the 4th month after the end of its tax year. need on IRS.gov/FormsPubs. Otherwise, the corporation A new corporation filing a short-period return must can go to IRS.gov/OrderForms to place an order and have generally file by the 15th day of the 4th month after the forms mailed to it. The IRS will process your order for short period ends. A corporation that has dissolved must forms and publications as soon as possible. 2 Instructions for Form 1120-PC (2023) |
Page 3 of 28 Fileid: … ns/i1120pc/2023/a/xml/cycle07/source 13:27 - 29-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Where To File File the corporation's return at the applicable IRS address listed below. If the corporation's principal business, office, or agency is located in: Use the following address: Department of the Treasury The United States Internal Revenue Service Ogden, UT 84201-0012 Internal Revenue Service A foreign country or U.S. territories P.O. Box 409101 Ogden, UT 84409 generally file by the 15th day of the 4th month after the Paid Preparer Use Only section. If an employee of the date it dissolved. corporation completes Form 1120-PC, the paid preparer However, a corporation with a fiscal tax year ending space should remain blank. Anyone who prepares Form June 30 must file by the 15th day of the 3rd month after 1120-PC but does not charge the corporation should not the end of its tax year. A corporation with a short tax year complete that section. Generally, anyone who is paid to ending any time in June will be treated as if the short year prepare the return must sign it and complete the section. ended on June 30, and must file by the 15th day of the 3rd The paid preparer must complete the required preparer month after the end of its tax year. information and: • Sign the return in the space provided for the preparer's If the due date falls on a Saturday, Sunday, or legal signature, holiday, the corporation can file on the next business day. • Include their Preparer Tax Identification Number (PTIN); and Private Delivery Services Give a copy of the return to the taxpayer. • Corporations can use certain private delivery services (PDSs) designated by the IRS to meet the “timely mailing Note. A paid preparer may sign original or amended as timely filing” rule for tax returns. Go to IRS.gov/PDS for returns by rubber stamp, mechanical device, or computer the current list of designated services. software program. The PDS can tell you how to get written proof of the Paid Preparer Authorization mailing date. If the corporation wants to allow the IRS to discuss its For the IRS mailing address to use if you are using a 2023 tax return with the paid preparer who signed it, PDS, go to IRS.gov/PDSstreetAddresses. check the “Yes” box in the signature area of the return. This authorization applies only to the individual whose Private delivery services cannot deliver items to signature appears in the “Paid Preparer Use Only” section ! P.O. boxes. You must use the U.S. Postal Service of the return. It does not apply to the firm, if any, shown in CAUTION to mail any item to an IRS P.O. box address. that section. If the “Yes” box is checked, the corporation is Extension of Time To File authorizing the IRS to call the paid preparer to answer any File Form 7004, Application for Automatic Extension of questions that may arise during the processing of its Time To File Certain Business Income Tax, Information, return. The corporation is also authorizing the paid and Other Returns, to request an extension of time to file. preparer to: Generally, the corporation must file Form 7004 by the • Give the IRS any information that is missing from the regular due date of the return. See the Instructions for return; Form 7004. • Call the IRS for information about the processing of the return or the status of any related refund or payment(s); Who Must Sign and The return must be signed and dated by: • Respond to certain IRS notices about math errors, • The president, vice president, treasurer, assistant offsets, and return preparation. treasurer, chief accounting officer; or The corporation is not authorizing the paid preparer to • Any other corporate officer (such as a tax officer) receive any refund check, bind the corporation to anything authorized to sign. (including any additional tax liability), or otherwise If a return is filed on behalf of a corporation by a represent the corporation before the IRS. receiver, trustee, or assignee, the fiduciary must sign the The authorization will automatically end no later than return instead of the corporate officer. Returns and forms the due date (excluding extensions) for filing the signed by a receiver or trustee in bankruptcy on behalf of corporation's 2024 tax return. If the corporation wants to a corporation must be accompanied by a copy of the order expand the paid preparer's authorization or revoke the or instructions of the court authorizing signing of the return authorization before it ends, see Pub. 947, Practice Before or form. the IRS and Power of Attorney. Instructions for Form 1120-PC (2023) 3 |
Page 4 of 28 Fileid: … ns/i1120pc/2023/a/xml/cycle07/source 13:27 - 29-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Statements Electronic Deposit Requirement Corporations must use electronic funds transfer to make NAIC annual statement. Regulations section all federal tax deposits (such as deposits of employment, 1.6012-2(c) requires that the National Association of excise, and corporate income tax). Generally, electronic Insurance Commissioners (NAIC) annual statement be funds transfers are made using the Electronic Federal Tax filed with Form 1120-PC. A foreign insurance company Payment System (EFTPS). subject to tax under section 831 that is not required to file an annual statement must file a copy of the pro forma If the corporation does not want to use EFTPS, it can annual statement. A penalty for the late filing of a return arrange for its tax professional, financial institution, payroll may be imposed for not including the annual statement service, or other trusted third party to make deposits on its when the return is filed. However, see Electronic filing, behalf. Also, it can arrange for its financial institution to next. submit a same-day payment (discussed later) on its Electronic filing. If the domestic or foreign nonlife behalf. EFTPS is a free service provided by the insurance company files Form 1120-PC electronically, do Department of the Treasury. Services provided by a tax not attach the annual statement or pro forma annual professional, financial institution, payroll service, or other statement to the electronically filed return. However, you third party may have a fee. must provide a copy of the annual statement or pro forma annual statement to the IRS if requested and retain it with To get more information about EFTPS or to enroll in your other tax records for the period required by the EFTPS, go to EFTPS.gov or call 800-555-4477. To regulations. contact EFTPS using Telecommunications Relay Services Reconciliation. Corporations that do not file a (TRS) for people who are deaf, hard of hearing, or have a Schedule M-3 (Form 1120-PC), Net Income (Loss) speech disability, dial 711 and provide the TRS assistant Reconciliation for U.S. Property and Casualty Insurance the 800-555-4477 number above or 800-733-4829. Companies With Total Assets of $10 Million or More, with Depositing on time. To make EFTPS deposits on time, Form 1120-PC must attach a statement that reconciles the the corporation must submit the transaction by 8 p.m. NAIC annual statement to Form 1120-PC. Eastern time the day before the date the deposit is due. If the corporation uses a third party to make deposits on its Assembling the Return behalf, they may have different cutoff times. To ensure that the corporation's tax return is correctly processed, attach all schedules and other forms after Same-day wire payment option. If the corporation fails page 9 of Form 1120-PC in the following order. to submit a deposit transaction on EFTPS by 8 p.m. Eastern time the day before the date a deposit is due, it 1. Schedule N (Form 1120). can still make the deposit on time by using the Federal Tax 2. Form 4626. Collection Service (FTCS). Before using the same-day 3. Form 4136. wire payment method, the corporation will need to make 4. Form 8978. arrangements with its financial institution ahead of time regarding availability, deadlines, and costs. Financial 5. Form 965-B. institutions may charge a fee for payments made this way. 6. Form 8941. To learn more about making a same-day wire payment, go 7. Form 3800. to IRS.gov/SameDayWire. 8. Additional schedules in alphabetical order. Estimated Tax Payments 9. Additional forms in numerical order. Generally, the following rules apply to the corporation's 10. Supporting statements and attachments. payments of estimated tax. Complete every applicable entry space on Form • The corporation must make installment payments of estimated tax if it expects its total tax for the year (less 1120-PC. Do not enter “See Attached” or “Available Upon applicable credits) to be $500 or more. Request” instead of completing the entry spaces. If more space is needed on the forms or schedules, attach • The installments are due by the 15th day of the 4th, 6th, 9th, and 12th months of the tax year. If any date falls on a separate sheets using the same size and format as the Saturday, Sunday, or legal holiday, the installment is due printed forms. If there are supporting statements and on the next regular business day. attachments, arrange them in the same order as the schedules or forms they support and attach them last. • The corporation must use electronic funds transfer to make installment payments of estimated tax. Show the totals on the printed forms. Enter the corporation's name and employer identification number • If, after the corporation figures and deposits estimated tax, it finds that its tax liability for the year will be more or (EIN) on each supporting statement or attachment. less than originally estimated, it may have to refigure its Tax Payments required installments. If earlier installments were underpaid, the corporation may owe a penalty. See Generally, the corporation must pay any tax due in full no Estimated tax penalty. later than the due date for filing its tax return (not including extensions). See the instructions for line 18. If the due • If the corporation overpaid estimated tax, it may be able to get a quick refund by filing Form 4466, Corporation date falls on a Saturday, Sunday, or legal holiday, the Application for Quick Refund of Overpayment of payment is due on the next day that isn't a Saturday, Estimated Tax. See the instructions for Form 1120-PC, Sunday, or legal holiday. line 15c. 4 Instructions for Form 1120-PC (2023) |
Page 5 of 28 Fileid: … ns/i1120pc/2023/a/xml/cycle07/source 13:27 - 29-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. See section 6655 and Pub. 542, Corporations, for more • Form 941, Employer's QUARTERLY Federal Tax information on estimated taxes. Return; Estimated tax penalty. A corporation that does not • Form 944, Employer's ANNUAL Federal Tax Return; or make estimated tax payments when due may be subject • Form 945, Annual Return of Withheld Federal Income Tax. to an underpayment penalty for the period of underpayment. Generally, a corporation is subject to the The trust fund recovery penalty may be imposed on all penalty if its tax liability is $500 or more and it did not persons who are determined by the IRS to be responsible timely pay at least the smaller of: for collecting, accounting for, or paying over these taxes, • Its tax liability for the current year, or and who acted willfully in not doing so. The penalty is • Its prior year tax. equal to the full amount of the unpaid trust fund tax. See the Instructions for Form 720 or Pub. 15 (Circular E), See section 6655 for details and exceptions, including Employer's Tax Guide, for details, including the definition special rules for large corporations. of responsible persons. Use Form 2220, Underpayment of Estimated Tax by Corporations, to see if the corporation owes a penalty and Note. The trust fund recovery penalty will not apply to any to figure the amount of the penalty. If Form 2220 is amount of trust fund taxes an employer holds back in completed, enter the penalty on line 17. See the anticipation of the credit for qualified sick and family leave instructions for line 17. Also see Relief from additions to wages or the employee retention credit that they are tax for underpayments applicable to the new corporate entitled to. See Pub. 15 for more information. alternative minimum tax. Other penalties. Other penalties can be imposed for Foreign insurance companies, see Notice 90-13, negligence, substantial understatement of tax, reportable ! 1990-1 C.B. 321, before computing estimated tax. transaction understatements, and fraud. See sections CAUTION 6662, 6662A, and 6663. Interest and Penalties Accounting Methods If the corporation receives a notice about penalties Figure taxable income using the method of accounting regularly used in keeping the corporation's books and ! after it files its return, send the IRS an explanation records. In all cases, the method used must clearly show CAUTION and we will determine if the corporation meets the criteria for the reasonable-cause exception to the taxable income. Permissible methods include cash, penalties. Do not attach an explanation when the accrual, or any other method authorized by the Internal corporation's return is filed. Revenue Code. Interest. Interest is charged on taxes paid late even if an The gross amounts of underwriting and investment extension of time to file is granted. Interest is also charged income should be computed on the basis of the Statement on penalties imposed for failure to file, negligence, fraud, of Income of the NAIC annual statement to the extent not substantial valuation misstatements, substantial inconsistent with the Internal Revenue Code and its understatements of tax, and reportable transaction regulations. In all cases, the method used must clearly understatements from the due date (including extensions) show taxable income. to the date of payment. The interest charge is figured at a Change in accounting method. Generally, the rate determined under section 6621. corporation must get IRS consent to change either an Late filing of return. A corporation that does not file its overall method of accounting or the accounting treatment tax return by the due date, including extensions, may be of any material item for income tax purposes. To obtain penalized 5% of the unpaid tax for each month or part of a consent, the corporation must generally file Form 3115, month the return is late, up to a maximum of 25% of the Application for Change in Accounting Method, during the unpaid tax. The minimum penalty for a tax return required tax year for which the change was requested. See the to be filed in 2024 that is over 60 days late is the smaller of Instructions for Form 3115 and Pub. 538, Accounting the tax due or $485 (adjusted for inflation). The penalty Periods and Methods, for more information and will not be imposed if the corporation can show that the exceptions, including filing exceptions for qualified small failure to file on time was due to reasonable cause. See business taxpayers. Also see the Instructions for Form Caution, earlier. 3115 for procedures that may apply for obtaining automatic consent to change certain methods of Late payment of tax. A corporation that does not pay accounting, non-automatic change procedures, and the tax when due may generally be penalized / of 1% of 1 2 reduced Form 3115 filing requirements. the unpaid tax for each month or part of a month the tax is not paid, up to a maximum of 25% of the unpaid tax. See Safe harbor method of accounting for premium ac- Caution, earlier. quisition expenses. Insurance companies subject to tax under section 831 are provided with a safe harbor method Trust fund recovery penalty. This penalty may apply if of accounting for premium acquisition expenses. Form certain excise, income, social security, and Medicare 3115 must be filed in order to change to the safe harbor taxes that must be collected or withheld are not collected method. For more information, see the Instructions for or withheld, or these taxes are not paid. These taxes are Form 3115. generally reported on: • Form 720, Quarterly Federal Excise Tax Return; Certain changes in method of accounting for organi- zations to which section 833 applies. Blue Cross or Instructions for Form 1120-PC (2023) 5 |
Page 6 of 28 Fileid: … ns/i1120pc/2023/a/xml/cycle07/source 13:27 - 29-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Blue Shield organizations under section 833(c)(2), or section 1.351-3(d)(1)) that receives stock of a corporation organizations described in section 833(c)(3), can obtain in exchange for property in a nonrecognition event must automatic consent to change the method of accounting for include the statement required by Regulations section unearned premiums resulting from either a failure to meet 1.351-3(a) on or with the transferor's tax return for the tax the medical loss ratio (MLR) requirements of section year of the exchange. The transferee corporation must 833(c)(5), or meeting the MLR requirements after failing to include the statement required by Regulations section do so in a prior year. Form 3115 must be filed in order to 1.351-3(b) on or with its return for the tax year of the make this change in accounting method. See the exchange, unless all the required information is included Instructions for Form 3115. in any statement(s) provided by a significant transferor that is attached to the same return for the same section Accounting Period 351 exchange. If the transferor or transferee corporation is An insurance company must figure its taxable income on a controlled foreign corporation (CFC), each U.S. the basis of a tax year. A tax year is the annual accounting shareholder (within the meaning of section 951(b)) must period an insurance company uses to keep its records include the required statement on or with its return. and report its income and expenses. Distributions under section 355. Every corporation that As a general rule under section 843, the tax year for makes a distribution of stock or securities of a controlled every insurance company is the calendar year. However, if corporation, as described in section 355 (or so much of an insurance company joins in the filing of a consolidated section 356 as it relates to section 355), must include the return, it may adopt the tax year of the common parent statement required by Regulations section 1.355-5(a) on corporation even if that year is not a calendar year. or with its return for the year of the distribution. A significant distributee (as defined in Regulations section Rounding Off to Whole Dollars 1.355-5(c)) that receives stock or securities of a controlled The corporation may enter decimal points and cents when corporation must include the statement required by completing its tax return. However, the corporation should Regulations section 1.355-5(b) on or with its return for the round off cents to whole dollars on its return, forms, and year of receipt. If the distributing or distributee corporation schedules to make completing its return easier. The is a CFC, each U.S. shareholder (within the meaning of corporation must either round off all amounts on its return section 951(b)) must include the statement on or with its to whole dollars, or use cents for all amounts. To round, return. drop amounts under 50 cents and increase amounts from 50 to 99 cents to the next dollar. For example, $8.40 Dual-consolidated losses. If a domestic corporation rounds to $8 and $8.50 rounds to $9. incurs a dual-consolidated loss (as defined in Regulations section 1.1503(d)-1(b)(5)), the corporation (or If two or more amounts must be added to figure the consolidated group) may need to attach a domestic use amount to enter on a line, include cents when adding the agreement and/or an annual certification, as provided in amounts and round off only the total. Regulations sections 1.1503(d)-6(d) and (g). Recordkeeping Election to reduce basis under section 362(e)(2)(C). Keep the corporation's records for as long as they may be If property is transferred to a corporation subject to section needed for the administration of any provision of the 362(e)(2), the transferor and the transferee corporation Internal Revenue Code. Usually, records that support an may elect, under section 362(e)(2)(C), to reduce the item of income, deduction, or credit on the return must be transferor's basis in the stock received instead of reducing kept for 3 years from the date the return is due or filed, the transferee corporation's basis in the property whichever is later. Keep records that verify the transferred. Once made, the election is irrevocable. For corporation's basis in property for as long as they are more information, see section 362(e)(2) and Regulations needed to figure the basis of the original or replacement section 1.362-4. If an election is made, a statement must property. be filed in accordance with Regulations section 1.362-4(d) (3). The corporation should keep copies of all filed returns. They help in preparing future and amended returns and in Other forms and statements. See Pub. 542, the calculation of earnings and profits. Corporations, for a list of other forms and statements a corporation may need to file in addition to the forms and Other Forms and Statements That statements discussed throughout these instructions. May Be Required Reportable transaction disclosure statement. Specific Instructions Participants in any reportable transaction must file Form Period Covered 8886, Reportable Transaction Disclosure Statement. See the Instructions for Form 8886. Generally, file the 2023 return for calendar year 2023. However, if an insurance company joins in the filing of a Reportable transactions by material advisors. consolidated return, it may adopt the tax year of the Material advisors to any reportable transaction must file common parent corporation even if that year is not a Form 8918, Material Advisor Disclosure Statement. See calendar year. For a fiscal or short tax year return, fill in the the Instructions for Form 8918. tax year space at the top of the form. Transfers to a corporation controlled by the transfer- or. Every significant transferor (as defined in Regulations 6 Instructions for Form 1120-PC (2023) |
Page 7 of 28 Fileid: … ns/i1120pc/2023/a/xml/cycle07/source 13:27 - 29-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Name and Address eliminating entries for intercompany transactions between corporations within the consolidated group. Attach Enter the corporation's true name (as set forth in the consolidated balance sheets and a reconciliation of charter or other legal document creating it), address, and consolidated retained earnings. EIN on the appropriate lines. Enter the address of the corporation's principal office or place of business. Include For more information on consolidated returns, see the the suite, room, or other unit number after the street regulations under section 1502. address. If the post office does not deliver mail to the Note. If a nonlife insurance company is a member of an street address and the corporation has a P.O. box, show affiliated group, file Form 1120-PC as an attachment to the the box number instead. consolidated return in addition to the supporting Note. Do not use the address of the registered agent for statements discussed earlier. Across the top of page 1 of the state in which the corporation is incorporated. For Form 1120-PC, enter “Supporting Statement to example, if a business is incorporated in Delaware or Consolidated Return.” Nevada and the corporation's principal office is located in Little Rock, Arkansas, the corporation should enter the Life-Nonlife Consolidated Return Little Rock address. If the corporation is the common parent of a life-nonlife consolidated group, check Item A, boxes 1 and 2. If the corporation has a foreign address, include the city or town, state or province, country, and foreign postal Filing requirements. The common parent of a code. Do not abbreviate the country name. Follow the life-nonlife consolidated group is required to do the country's practice for entering the name of the state or following. province and postal code. • File the applicable consolidated corporate income tax return as one of the following: a Form 1120-L, where the If the corporation receives its mail in care of a third common parent is a life insurance company; a Form party (such as an accountant or an attorney), enter on the 1120-PC, where the common parent is an insurance street address line “C/O” followed by the third party's company, other than a life insurance company; or a Form name and street address or P.O. box. 1120, where the common parent is any other type of Item A. Identifying Information corporation. • Indicate clearly on the face of the return that the Consolidated Return corporate tax return is a life-nonlife return. This If an affiliated group of corporations includes one or more requirement is satisfied by checking Item A, boxes 1 and domestic life insurance companies taxed under section 2. 801, the common parent may elect to treat those • Show any setoffs required by paragraphs (e), (h), and companies as includible corporations. The life insurance (j) of Regulations section 1.1502-47. companies must have been members of the group for the • Report separately the nonlife consolidated taxable 5 tax years immediately preceding the tax year for which income or loss, determined under Regulations section the election is made. See section 1504(c)(2) and 1.1502-47(f), on a Form 1120 or 1120-PC (whether filed Regulations section 1.1502-47(b)(12). by the common parent or as an attachment to the consolidated return), for all nonlife members of the Corporations filing a consolidated return must check consolidated group. Item A, box 1, and attach Form 851, Affiliations Schedule, • Report separately the consolidated life insurance and other supporting statements to the return. Also, for the company taxable income (as defined by Regulations first year a subsidiary corporation is being included in a section 1.1502-47(b)(3)) determined under Regulations consolidated return, attach Form 1122, Authorization and section 1.1502-47, on a Form 1120-L (whether filed by the Consent of Subsidiary Corporation To Be Included in a common parent or as an attachment to the consolidated Consolidated Income Tax Return, to the parent's return), for all life members of the consolidated group. consolidated return. Attach a separate Form 1122 for each new subsidiary being included in the consolidated return. Schedule M-3 (Form 1120-PC) File supporting statements for each corporation A nonlife insurance company with total assets included in the consolidated return. Do not use Form (nonconsolidated or consolidated for all companies 1120-PC as a substitute for the supporting statement. On included within a tax consolidation group) of $10 million or the supporting statement, use columns to show the more on the last day of the tax year must file following, both before and after adjustments. Schedule M-3 (Form 1120-PC) instead of Schedule M-1. A corporation filing Form 1120-PC that is not required to 1. Items of gross income and deductions. file Schedule M-3 may voluntarily file Schedule M-3 2. A computation of taxable income. instead of Schedule M-1. 3. Balance sheets as of the beginning and end of the If you are filing Schedule M-3 (Form 1120-PC), check tax year. Item A, box 3, at the top of page 1 of Form 1120-PC. See 4. A reconciliation of income per books with income the Instructions for Schedule M-3 (Form 1120-PC) for per return. more details. 5. A reconciliation of retained earnings. Note. If you do not file Schedule M-3 (Form 1120-PC) Enter on Form 1120-PC the totals for each item of with Form 1120-PC, see Reconciliation under Statements, income, gain, loss, expense, or deduction, net of earlier. Instructions for Form 1120-PC (2023) 7 |
Page 8 of 28 Fileid: … ns/i1120pc/2023/a/xml/cycle07/source 13:27 - 29-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Item B. Employer Identification 2. Section 953(d) to be treated as a domestic corporation. Number (EIN) Generally, a foreign corporation making either section Enter the corporation's EIN. If the corporation does not 953 election must file its return by sending it to: have an EIN, it must apply for one. An EIN can be applied for in any of the following ways. Internal Revenue Service Center • Online—Go to P.O. Box 409101 IRS.gov/EIN. The EIN is issued immediately once the Ogden, UT 84409 application information is validated. • By faxing or mailing Form SS-4, Application for See Notice 87-50, 1987-2 C.B. 357; and Rev. Proc. Employer Identification Number. 2003-47, 2003-28 I.R.B. 55, for the procedural rules, Corporations located in the United States or U.S. election statement formats, and filing addresses for making the respective elections under section 953(c)(3) CAUTION corporations may call 267-941-1099 (not a ! territories can use the online application. Foreign (C) or section 953(d). toll-free number) for more information on obtaining an EIN. Once either election is made, it will apply to the tax year See the Instructions for Form SS-4. for which made and all subsequent tax years unless revoked with the consent of the IRS. Also, any loss of a EIN applied for, but not received. If the corporation has foreign corporation electing to be treated as a domestic not received its EIN by the time the return is due, enter insurance company under section 953(d) will be treated “Applied For” and the date the corporation applied in the as a dual-consolidated loss and may not be used to space for the EIN. However, if the corporation is filing its reduce the taxable income of any other member of the return electronically, an EIN is required at the time the affiliated group for this tax year or any other tax year. return is filed. An exception applies to subsidiaries of corporations whose returns are filed with the parent's If a section 953(d) election is made, include the electronically filed consolidated Form 1120. These additional tax required to be paid on page 1, line 14. On subsidiaries should enter “Applied For” in the space for the the dotted line to the left of line 14, enter “Section 953(d)” EIN on their returns. The subsidiaries' returns are and the amount. Attach a statement showing the identified under the parent corporation's EIN. computation. See section 953(d) for more details. For more information, see the Instructions for Form Note. A captive insurance company can make an election SS-4. under section 831(b) and an election under section 953(d) if it is a foreign insurance company. Item D. Section 831(b) and Section Item E. Final Return, Name Change, 953 Elections Check the applicable box(es) if an election is made under Address Change, or Amended Return section(s) 831(b), 953(c)(3)(C), or 953(d). Indicate a final return, name change, address change, or amended return by checking the appropriate box. Section 831(b) election. Check the 831(b) box if the insurance company elects to be taxed on taxable Note. If a change in address or responsible party occurs investment income in lieu of the tax otherwise applicable after the return is filed, use Form 8822-B, Change of under section 831(a). Section 831(b) applies to a small Address or Responsible Party — Business, to notify the company, as defined under section 831(b)(2)(A), if such IRS. See the instructions for Form 8822-B for details. company meets the diversification requirements of section 831(b)(2)(B) and such corporation elects the application Taxable Income of section 831(b) for such tax year under section 831(b)(2) Line 1, Taxable income, and line 2, Taxable invest- (A)(iii). See the instructions for Schedule I, Question 14, ment income. If the corporation is a small company as later. See Regulations section 301.9100-8(a) for the rules defined in section 831(b)(2) and elects under section regarding the timing and manner of making the election 831(b)(2)(A)(iii) to be taxed on taxable investment income, under section 831(b)(2)(A)(iii). complete Schedule B (ignore Schedule A) and enter the Note. The election under section 831(b)(2)(A)(iii) applies amount from Schedule B, line 21, on page 1, line 2. Also, to the tax year for which made and for all subsequent tax complete Schedule I, Question 14. All other corporations years for which a corporation is a small company, as should complete Schedule A (ignore Schedule B) and defined under section 831(b)(2)(A), and such corporation enter on page 1, line 1, the amount from Schedule A, meets the diversification requirements of section 831(b) line 37. (2)(B). Once made, an election under section 831(b)(2)(A) (iii) may only be revoked with the consent of the Secretary. Tax Computation and Payments Section 953 elections. Check the applicable box if the Line 3. Income tax. Multiply taxable income (page 1, corporation is a foreign corporation and elects under: line 1) by 21%. (0.21). Enter this amount on line 3. 1. Section 953(c)(3)(C) to treat its related person Deferred tax under section 1291. If the corporation insurance income as effectively connected with the was a shareholder in a passive foreign investment conduct of a trade or business in the United States, or company (PFIC) and received an excess distribution or disposed of its investment in the PFIC during the year, it must include the total increase in taxes due under section 8 Instructions for Form 1120-PC (2023) |
Page 9 of 28 Fileid: … ns/i1120pc/2023/a/xml/cycle07/source 13:27 - 29-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 1291(c)(2) from Form 8621 in the amount entered on Line 8d. Credit for prior year minimum tax. Enter any line 3. On the dotted line next to line 3, enter “Section allowable credit from Form 8827, Credit for Prior Year 1291” and the amount. Minimum Tax—Corporations. Complete and attach Form Do not include on line 3 any interest due under section 8827. 1291(c)(3). Instead, include the amount of interest owed Line 8e. Bond credits from Form 8912. Enter the on line 12z. allowable credits from Form 8912, Credit to Holders of Tax For more information on reporting the deferred tax and Credit Bonds, line 12. interest, see the Instructions for Form 8621. Line 8f. Total credits. Add lines 8a through 8e. Enter the Additional tax under section 197(f). A corporation total on line 8f. that elects to recognize gain and pay tax on the sale of a section 197 intangible under the related person exception Line 10. Foreign corporations. A foreign corporation to the anti-churning rules should include any additional tax carrying on an insurance business in the United States is due in the total for line 3. On the dotted line next to line 3, taxed as a domestic insurance company on its income enter “Section 197” and the amount. See section 197(f)(9) effectively connected with the conduct of a trade or (B)(ii). business in the United States (see sections 864(c) and 897 for a definition). Line 4. Enter amount of tax that a reciprocal must in- clude. A mutual insurance company that is an Generally, any other U.S.-source income received by interinsurer or reciprocal underwriter may elect, under the foreign corporation is taxed at 30% (or at a lower treaty section 835, to limit the deduction for amounts paid or rate) under section 881. If the corporation has this income, incurred to a qualifying attorney-in-fact to the amount of attach a statement showing the kind and amount of the deductions of the attorney-in-fact allocable to the income, the tax rate, and the amount of tax. Enter the tax income received by the attorney-in-fact from the on line 10. However, see Reduction of section 881 tax, reciprocal. If this election is made, any increase in taxable later. income of a reciprocal as a result of this limitation is taxed at the highest rate of tax specified in section 11(b). Note. Interest received from certain portfolio debt investments that were issued after July 18, 1984, is not Make no entry on line 4 if the mutual insurance subject to the tax. See section 881(c). company's taxable income before including the section 835(b) amount is $100,000 or more. Otherwise, this tax is See section 842 for more information. 21% of the section 835(b) amount. If an entry is made on Minimum effectively connected net investment line 4, attach a statement showing how the tax was income. See section 842(b) and Notice 89-96, 1989-2 computed. C.B. 417, for the general rules for computing this amount. Also, see Rev. Proc. 2023-21, 2023-19 I.R.B. 837 (or any Reciprocal underwriters making the section 835(a) successor), available at IRS.gov/irb/2023-19_IRB#REV- election are allowed a credit on line 15f for the amount of PROC-2023-21, for the domestic asset/liability tax paid by the attorney-in-fact that is related to the percentages and domestic investment yields needed to income received by the attorney-in-fact from the reciprocal compute this amount. in the tax year. Any additional income required by section 842(b) must See section 835 and the related regulations for special be included in taxable income (for example, Schedule A, rules and information regarding the statements required to line 13). be attached to the return. Reduction of section 881 tax. Additional taxes Line 5. Base erosion minimum tax amount. If the resulting from the net investment income adjustment may corporation had gross receipts of at least $500 million in offset a corporation's section 881 tax on U.S.-source any 1 of the 3 preceding tax years, see section 59A and income. The tax reduction is determined by multiplying the the Instructions for Form 8991 for further guidance on the section 881 tax by the ratio of the amount of income determination of the amount of base erosion minimum tax. adjustment to income subject to the section 881 tax, Line 6. Corporate alternative minimum tax. Enter on computed without the exclusion for interest on state and line 6 the amount from Form 4626, Alternative Minimum local bonds or income exempted from taxation by treaty. Tax—Corporations, Part II, line 13, if applicable. See the See section 842(c)(1). Attach a statement showing how Instructions for Form 4626. the reduction under section 881 was figured. Enter the net tax imposed by section 881 on line 10. Line 8a. Foreign tax credit. To find out when a corporation can take the credit for payment of income tax Line 11. Personal holding company tax. A corporation to a foreign country or U.S. territory, see Form 1118, (other than a corporation described in section 542(c)) is Foreign Tax Credit—Corporations. taxed as a personal holding company (PHC) under section 542 if: Line 8b. Credit from Form 8834. Enter any qualified • At least 60% of its adjusted ordinary gross income for electric vehicle passive activity credits from prior years the tax year is PHC income, and allowed for the current tax year from Form 8834, Qualified • At any time during the last half of the tax year more than Electric Vehicle Credit, line 7. Attach Form 8834. 50% in value of its outstanding stock is directly or Line 8c. General business credit. Enter on line 8c the indirectly owned by five or fewer individuals. allowable credit from Form 3800, General Business Credit, Part II, line 38. See the Instructions for Form 3800. Instructions for Form 1120-PC (2023) 9 |
Page 10 of 28 Fileid: … ns/i1120pc/2023/a/xml/cycle07/source 13:27 - 29-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. See Schedule PH (Form 1120), U.S. Personal Holding Line 15f. Credit by reciprocal for tax paid by attor- Company (PHC) Tax, for definitions and details on how to ney-in-fact under section 835(d). Enter the amount of figure the tax. tax paid by an attorney-in-fact as a result of income Line 12a. Recapture of investment credit. If the received by the attorney-in-fact from the reciprocal during corporation disposed of investment credit property or the tax year. For more information, see section 835 and changed its use before the end of the 5-year recapture the related regulations, and the instructions for line 4, period under section 50(a), enter the increase in tax from earlier. Form 4255, Recapture of Investment Credit. See the Line 15g. Elective payment election amount from Instructions for Form 4255. Form 3800. Enter on line 15g the total net elective Line 12b. Recapture of low-income housing credit. If payment election amount from Form 3800, Part III, line 6, the corporation disposed of property (or there was a column (i). See the Instructions for Form 3800. reduction in the qualified basis of the property) for which it Line 15z. Other credits and payments. Enter the took the low-income housing credit, and the corporation amount of any other credits the corporation may take did not follow the procedures that would have prevented and/or payments made. Enter an explanation of the entry recapture of the credit, it may owe a tax. See Form 8611, to the left of the entry space. Recapture of Low-Income Housing Credit. Complete and Backup withholding. If the corporation had federal attach Form 8611. income tax withheld from any payments it received Line 12z. Other. If the corporation includes any because, for example, it failed to give the payer its correct additional taxes and interest such as the items discussed EIN, include the amount withheld in the total for line 15z. below, attach a statement showing the computation of Enter the amount withheld and the words “Backup each item included in the total for line 12z and identify the Withholding” on the dotted line to the left of the entry applicable Code section and the type of tax or interest. space for line 15z. • Recapture of Indian employment credit. Generally, if an Line 16. Total. Combine the amounts on lines 15d employer terminates the employment of a qualified through 15z and enter the total on line 16. employee less than 1 year after the date of initial employment, any Indian employment credit allowed for a Line 17. Estimated tax penalty. Generally, the prior tax year because of wages paid or incurred to that corporation does not have to file Form 2220 with its employee must be recaptured. See Form 8845 and income tax return because the IRS will figure the amount section 45A. of any penalty and notify the corporation of any amount • Recapture of new markets credit (see Form 8874, New due. However, see the Instructions for Form 2220 for Markets Credit, and Form 8874-B, Notice of Recapture circumstances where the corporation must file Form 2220 Event for New Markets Credit). even if it owes no penalty. • Recapture of employer-provided childcare facilities and If Form 2220 is attached, check the box on line 17 and services credit (see Form 8882). enter any penalty on this line. • Interest on deferred tax attributable to certain nondealer If the corporation's tax liability includes a CAMT installment obligations (see section 453A(c)). liability, the corporation must complete and attach • Interest due on deferred gain (see section 1260(b)). CAUTION! Form 2220. The affected corporation must also • Interest due under section 1291(c)(3). See Form 8621 include an amount of estimated tax penalty on Form and its instructions. 1120-PC, line 17, even if that amount is zero. Failure to • Alternative tax on qualifying shipping activities (see follow these instructions could result in the corporation Form 8902). receiving a penalty notice that will require an abatement Line 14. Total tax. Include any deferred tax on the request to apply any penalty relief. See Notice 2023-42. termination of a section 1294 election applicable to shareholders in a qualified electing fund (QEF) in the Line 18. Amount owed. If the corporation cannot pay amount entered on line 14. the full amount of tax owed, it can apply for an installment Subtract any deferred tax on the corporation's share of agreement online. Go to IRS.gov/OPA for the latest undistributed earnings of a QEF (see Form 8621). information. How to report. Attach a statement showing the Line 20. Electronic deposit of tax refund of $1 million computation of each item included in, or subtracted from, or more. If the corporation is due a refund of $1 million or the total for line 14. On the dotted line next to line 14, more and wants it electronically deposited into its specify (a) the applicable Code section, (b) the type of tax, checking or savings account at any U.S. bank or other and (c) the amount of tax. financial institution instead of having a check sent to the Line 15c. Current year’s refund applied for on Form corporation, complete Form 8302 and attach it to the 4466. If the corporation overpaid estimated tax, it may be corporation's tax return. able to get a quick refund by filing Form 4466. The overpayment must be at least 10% of the corporation's Schedule A—Taxable Income expected income tax liability and at least $500. File Form 4466 after the end of the corporation's tax year, and no Gross income. Under section 832, gross amounts of later than the due date for filing the corporation’s tax underwriting and investment income should be computed return. Form 4466 must be filed before the corporation on the basis of the Statement of Income of the NAIC files its tax return. See the instructions for Form 4466. 10 Instructions for Form 1120-PC (2023) |
Page 11 of 28 Fileid: … ns/i1120pc/2023/a/xml/cycle07/source 13:27 - 29-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. annual statement to the extent not inconsistent with the The net capital loss for these corporations is the Internal Revenue Code and its regulations. amount by which losses for the year from sales or exchanges of capital assets exceed the gains from these Income from qualifying shipping activities. Gross sales or exchanges plus the smaller of: income does not include income from qualifying shipping activities if the corporation makes an election under 1. Taxable income (computed without gains or losses section 1354 to be taxed on its notional shipping income from sales or exchanges of capital assets); or (as defined in section 1353) at the highest corporate tax 2. Losses from the sale or exchange of capital assets rate specified in section 11. If the election is made, the sold or exchanged to obtain funds to meet abnormal corporation may generally not claim any loss, deduction, insurance losses and to provide for the payment of or credit with respect to qualifying shipping activities. A dividends and similar distributions to policyholders. corporation making this election may also elect to defer gain on the disposition of a qualifying vessel. Subject to the limitations in section 1212(a), a net capital loss can be carried back 3 years and forward 5 Use Form 8902, Alternative Tax on Qualifying Shipping years as a short-term capital loss. Activities, to figure the tax. Include the alternative tax on Form 1120-PC, page 1, line 12z. Line 8. Certain mutual fire or flood insurance compa- ny premiums. A mutual fire or flood insurance company Note. In computing the amounts for lines 2, 3, and 4, take whose principal business is the issuance of policies (1) for all interest, dividends, or rents received during the year; which the premium deposits are the same (regardless of add interest, dividends, or rents due and accrued at the the length of the term the policies are written for), and (2) end of the tax year; and deduct interest, dividends, or under which the unabsorbed portion of such premium rents due and accrued at the end of the preceding tax deposits not required for losses, expenses, or year. For rules regarding the accrual of dividends, see establishment of reserves is returned or credited to the Regulations section 1.301-1(b). policyholder on cancellation or expiration of the policy, must include in income an amount equal to 2% of the Line 3a, column (a). Interest (including tax-exempt premiums earned on insurance contracts during the tax interest). Enter the gross amount of interest income, year with respect to such policies after deduction of including all tax-exempt interest. premium deposits returned or credited during the same Line 3b, column (a). Interest exempt under section tax year. 103. Section 103(a) excludes interest on state or local Line 9. Income on account of special income and de- bonds from gross income. duction accounts. Corporations which write the kinds of This exclusion does not apply to any: insurance below must maintain the following special 1. Private activity bond which is not a qualified bond, accounts. A corporation which writes: as defined by section 141; 1. Mortgage guaranty insurance must maintain a 2. Arbitrage bond, as defined by section 148; or mortgage guaranty account, 3. Bonds not meeting the requirements of section 149 2. Lease guaranty insurance must maintain a lease (regarding the registration of tax-exempt bonds). guaranty account, and 3. Insurance on obligations the interest on which is Lines 3a and 3b, column (b). Amortization of premi- excludable from gross income under section 103 must um. Enter on line 3a, column (b), the total amortization of maintain an account with respect to insurance on state bond premium, including amortization on tax-exempt and local obligations. bonds. Enter on line 3b, column (b), the amortization of bond premium on tax-exempt bonds only. Amounts required to be subtracted from these accounts under sections 832(e)(5) and 832(e)(6) must be Note. Insurance companies electing to amortize discount reported as income on line 9. See section 832(e) for more for tax purposes must reduce the amortization of premium information. by any amortization of discount. Line 10. Income from protection against loss ac- Line 4. Gross rents. Enter gross rents, computed as count. Although section 1024 of P.L. 99-514 repealed indicated under Gross income, earlier. Deduct expenses, section 824 relating to the protection against loss (PAL) such as repairs, interest, taxes, and depreciation, on the account, PAL account balances are includible in income proper lines for deductions. as though section 824 were still in effect. Attach a Line 6. Capital gain net income. Every sale or statement showing the computation. exchange of a capital asset must be reported in detail on Line 11. Mutual interinsurers or reciprocal underwrit- Schedule D (Form 1120), Capital Gains and Losses, even ers—decrease in subscriber accounts. Enter the if there is no gain or loss. decrease for the tax year in savings credited to subscriber Generally, losses from sales or exchanges of capital accounts of a mutual insurance company that is an assets are only allowed to the extent of gains. However, interinsurer or a reciprocal underwriter. corporations taxed under section 831 may claim losses Line 13. Other income. Enter any other taxable income from capital assets sold or exchanged to get funds to not reported on lines 1 through 11. List the type and meet abnormal insurance losses and to pay dividends and amount of income on an attached statement. If the similar distributions to policyholders. Do not include those corporation has only one item of other income, describe it types of losses here; instead, report them on Schedule G. Instructions for Form 1120-PC (2023) 11 |
Page 12 of 28 Fileid: … ns/i1120pc/2023/a/xml/cycle07/source 13:27 - 29-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. in parentheses on line 13. Examples of other income to the last day of any calendar quarter in which the credit is report on line 13 include the following. allowed. • Any income under P.L. 115-97, section 13517(c)(3)(B) (ii) (transitional relief for change in reserve). Note. A credit is available only if the leave was taken after • Any amount includible in income from Form 6478, March 31, 2020, and before October 1, 2021, and only Biofuel Producer Credit. after the qualified leave wages were paid, which might, • Any amount includible in income from Form 8864, under certain circumstances, not occur until a quarter Biodiesel, Renewable Diesel, or Sustainable Aviation after September 30, 2021, including quarters in 2023. Fuels Credit. • Refunds of taxes deducted in prior years to the extent Deductions they reduced income subject to tax imposed. See section 111 and the related regulations. Do not offset current-year Limitations on Deductions taxes against tax refunds. Section 263A uniform capitalization rules. The • Ordinary income from trade or business activities of a uniform capitalization rules of section 263A require partnership from Schedule K-1 (Form 1065). Do not offset corporations to capitalize certain costs. ordinary losses against ordinary income. Instead, include the losses on line 31. Show the partnership's name, A small business taxpayer is not required to capitalize address, and EIN on a separate statement attached to this costs under section 263A. A small business taxpayer that return. If the amount entered is from more than one wants to discontinue capitalizing costs under section partnership, identify the amount from each partnership. 263A must change its method of accounting. See section • The transferred loss amount identified as “Section 91 263A(i) and Regulations section 1.263A-1(j). Also, see the Transferred Loss Amount.” This amount is required to be Instructions for Form 3115. recognized under section 91 resulting from a transfer of For more information on the uniform capitalization rules, substantially all the assets of a foreign branch (within the see Pub. 538. Also, see Regulations sections 1.263A-1 meaning of section 367(a)(3)(C), as in effect before its through 1.263A-3. repeal) to a specified 10%-owned foreign corporation (as Transactions between related taxpayers. Generally, defined in section 245A(b)) with respect to which the an accrual basis taxpayer can only deduct business corporation was a U.S. shareholder immediately after the expenses and interest owed to a related party in the year transfer as other income. Under section 91(d), transferred the payment is included in the income of the related party. loss amounts recognized are treated as derived from See sections 163(e)(3) and 267 for limitations on sources within the United States. deductions for unpaid interest and expenses. • Part or all of the proceeds received from certain corporate-owned life insurance contracts issued after Limitations on business interest expense. Business August 17, 2006. Corporations that own one or more interest expense may be limited. See section 163(j) and employer-owned life insurance contracts issued after Form 8990, Limitation on Business Interest Expense August 17, 2006, must file Form 8925, Report of Under Section 163(j). Also, see Limitation on deduction in Employer-Owned Life Insurance Contracts. See Form the instructions for Schedule A, Line 20a and Schedule I, 8925. Question 18, later. • One-eighth of any adjustment attributable to the Section 291 limitations. Corporations may be required application of the discount factors published in Rev. Proc. to adjust certain deductions. See section 291 to determine 2019-06, 2019-02 I.R.B 284, available at IRS.gov/irb/ the amount of the adjustment. 2019-02_IRB#RP-2019-06, to unpaid losses for the tax year preceding the first tax year beginning after December Golden parachute payments. A portion of the 31, 2017. payments made by a corporation to key personnel that • The corporation's share of the following income from exceeds their usual compensation may not be deductible. Form 8621, Information Return by a Shareholder of a This occurs when the corporation has an agreement Passive Foreign Investment Company or Qualified (golden parachute) with these key employees to pay them Electing Fund. these excess amounts if control of the corporation changes. See section 280G and Regulations section 1. Ordinary earnings of a QEF. 1.280G-1. Also, see the instructions for line 15. 2. Gain or loss from marking PFIC stock to market. Business start-up and organizational costs. A 3. Gain or loss from sale or other disposition of section corporation can elect to deduct a limited amount of 1296 stock. start-up and organizational costs it paid or incurred. Any 4. Excess distributions from a section 1291 fund remaining costs must generally be amortized over a allocated to the current year and pre-PFIC years, if any. 180-month period. See sections 195 and 248 and the See Form 8621 and its instructions for details. related regulations. • Any payroll tax credit taken by an employer on its 2023 Time for making an election. The corporation employment tax returns (Forms 941, 943, and 944) for generally elects to deduct startup or organizational costs qualified paid sick leave and qualified paid family leave by claiming the deduction on its income tax return filed by under the FFCRA and the ARP (both the nonrefundable the due date (including extensions) for the tax year in and refundable portions). The corporation must include which the active trade or business begins. For more the full amount of the credit for qualified sick and family details including special rules for costs paid or incurred leave wages in gross income for the tax year that includes 12 Instructions for Form 1120-PC (2023) |
Page 13 of 28 Fileid: … ns/i1120pc/2023/a/xml/cycle07/source 13:27 - 29-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. before September 9, 2008, see the Instructions for Form Limitation on tax benefits for remuneration under the 4562, Depreciation and Amortization. Patient Protection and Affordable Care Act. The $1 If the corporation timely filed its return for the year million compensation limit is reduced to $500,000 for without making an election, it can still make an election by remuneration for services provided by individuals for or on filing an amended return within 6 months of the due date behalf of certain health insurance providers. The of the return (excluding extensions). Clearly indicate the $500,000 limitation applies to remuneration that is election on the amended return and enter “Filed pursuant deductible in the tax year during which the services were to Regulations section 301.9100-2” at the top of the performed and remuneration for services during the year amended return. File the amended return at the same that is deductible in a future tax year (called “deferred address the corporation filed its original return. The deduction remuneration”). The $500,000 limitation is election applies when figuring taxable income for the reduced by any amounts disallowed as excess parachute current tax year and all subsequent years. payments. See section 162(m)(6) and Regulations section The corporation can choose to forgo the election by 1.162-31 for definitions and other special rules. Also, see affirmatively electing to capitalize its start-up or Notice 2011-2, 2011-2 I.R.B. 260. organizational costs on its income tax return filed by the Line 15. Compensation of officers. Enter deductible due date (including extensions) for the tax year in which officers' compensation on line 15. See Employment the active trade or business begins. credits, later, for employment credits that may reduce your deduction for officers' compensation. Do not include Note. The election to either amortize or capitalize start-up compensation deductible elsewhere on the return, such costs is irrevocable and applies to all start-up costs that as elective contributions to a section 401(k) cash or are related to the trade or business. deferred arrangement, or amounts contributed under a Report the deductible amount of such costs and any salary reduction SEP agreement or a SIMPLE IRA plan. amortization on Schedule A, line 31. For amortization that Include only the deductible part of each officer's begins during the current tax year, complete and attach compensation on line 15. (See Disallowance of deduction Form 4562. for employee compensation in excess of $1 million, later). Reducing certain expenses for which credits are al- Attach a statement for all officers using the following lowable. If the corporation claims certain credits, it may columns. need to reduce allowable deductions for expenses used to 1. Name of officer. figure the credit. This applies to credits such as the 2. Social security number. following. • Employment credits. See Employment credits, later. 3. Percentage of time devoted to business. • Credit for increasing research activities (Form 6765). 4. Amount of compensation. • Orphan drug credit (Form 8820). If a consolidated return is filed, each member of an • Disabled access credit (Form 8826). affiliated group must furnish this information. • Employer credit for social security and Medicare taxes paid on certain employee tips (Form 8846). Disallowance of deduction for employee compensa- • Credit for small employer pension plan start-up costs tion in excess of $1 million. Publicly held corporations (Form 8881). cannot deduct compensation to a “covered employee” to • Credit for employer-provided childcare facilities and the extent that the compensation exceeds $1 million. services (Form 8882). Generally, a covered employee is: • Credit for small employer health insurance premiums • The principal executive officer of the corporation (or an (Form 8941). individual acting in that capacity) as of the end of the tax If the corporation has any of these credits, figure the year, or current year credit before figuring the deduction for • An employee whose total compensation must be expenses on which the credit is based. If the corporation reported to shareholders under the Securities Exchange capitalized any costs on which it figured the credit, it may Act of 1934 because the employee is among the three need to reduce the amount capitalized by the credit highest compensated officers for that tax year (other than attributable to these costs. the principal executive officer). See the instructions for the form used to figure the For this purpose, compensation does not include the applicable credit for more details. following. • Income from certain employee trusts, annuity plans, or Limitations on deductions related to property leased pensions. to tax-exempt entities. If a corporation leases property • Any benefit paid to an employee that is excluded from to a governmental or other tax-exempt entity, the the employee's income. corporation cannot claim deductions related to the The deduction limit does not apply to: property to the extent that they exceed the corporation's income from the lease payments. This disallowed • Commissions based on individual performance; tax-exempt use loss can be carried over to the next tax • Qualified performance-based compensation; and year and treated as a deduction with respect to the • Income payable under a written, binding contract in effect on February 17, 1993. property for that tax year. See section 470(d) for exceptions. The $1 million limit is reduced by amounts disallowed as excess parachute payments under section 280G. Instructions for Form 1120-PC (2023) 13 |
Page 14 of 28 Fileid: … ns/i1120pc/2023/a/xml/cycle07/source 13:27 - 29-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. See section 162(m) and Regulations section 1.162-27. And the vehicle's FMV on the Also, see Notice 2007-49, 2007-25 I.R.B. 1429. The lease term began: first day of the lease exceeded: Limitations on tax benefits for executive compensa- Cars (excluding trucks and vans) tion under the Treasury Troubled Asset Relief Pro- After 12/31/22 but before 1/1/2024 . . . . . . $60,000 After 12/31/21 but before 1/1/23 . . . . . . . $56,000 gram (TARP). The $1 million compensation limit is After 12/31/20 but before 1/1/22 . . . . . . . $51,000 reduced to $500,000 for executive remuneration and After 12/31/17 but before 1/1/21 . . . . . . . $50,000 deferred deduction executive remuneration paid to . . . . . . . $19,000 After 12/31/12 but before 1/1/18 covered executives by any entity that receives or has Trucks and Vans received financial assistance under the TARP. The limit After 12/31/22 but before 1/1/24 . . . . . . . $60,000 applies for each period in which obligations arising from After 12/31/21 but before 1/1/23 . . . . . . . $56,000 financial assistance under the TARP remain outstanding. After 12/31/20 but before 1/1/22 . . . . . . . $51,000 The $500,000 is reduced by any amounts disallowed as After 12/31/17 but before 1/1/21 . . . . . . . $50,000 excess parachute payments. See section 162(m)(5) for After 12/31/13 but before 1/1/18 . . . . . . . $19,500 definitions and other special rules. Also, see Notice After 12/31/09 but before 1/1/14 . . . . . . . $19,000 2008-94, 2008-44 I.R.B. 1070, for additional guidance. In addition, a portion of any parachute payments made to a covered executive by an applicable employer See Pub. 463, Travel, Gift, and Car Expenses, for participating in a TARP is not deductible as compensation instructions on figuring the inclusion amount. if the payments are made because of a severance from employment during an applicable tax year. For this Note. The inclusion amount for lease terms beginning in purpose, a parachute payment is any payment to a senior 2024 will be published in the Internal Revenue Bulletin in executive officer for departure from a company for any early 2024. reason, except for payments for services performed or Line 19. Taxes and licenses. Enter taxes paid or benefits accrued. These limits do not apply to a payment accrued during the tax year, but do not include the already treated as a parachute payment. See section following. 280G(e) and Notice 2008-94. • Federal income taxes. Line 16. Salaries and wages. Enter the total salaries • Foreign or U.S. territories income taxes if a tax credit is and wages paid for the tax year. Do not include salaries claimed. and wages deductible elsewhere on the return, such as • Taxes not imposed on the corporation. amounts included in officers' compensation, elective • Taxes, including state or local sales taxes, that are paid contributions to a section 401(k) cash or deferred or incurred in connection with an acquisition or disposition arrangement, or amounts contributed under a salary of property (these taxes must be treated as a part of the reduction SEP agreement or a SIMPLE IRA plan. cost of the acquired property or, in the case of a disposition, as a reduction in the amount realized on the If the corporation provided taxable fringe benefits to its disposition). employees, such as the personal use of a car, do not Taxes assessed against local benefits that increase the • deduct as wages the amount allocated for depreciation value of the property assessed (such as for paving, etc.). and other expenses that are claimed elsewhere on the Taxes deducted elsewhere on the return. • return (for example, on Schedule A, line 22 or line 31). See section 164(d) for information on the If the corporation claims a credit for any wages apportionment of taxes on real property between a seller ! paid or incurred, it may need to reduce any and a purchaser. CAUTION corresponding deduction for salaries and wages. See Employment credits below. Note. Section 9010 of the Patient Protection and Affordable Care Act imposes a fee on each covered entity Employment credits. If the corporation claims a credit engaged in the business of providing health insurance for on any of the forms below, it may need to reduce its U.S. health risks. The fee is treated as a tax described in deduction for officers’ compensation and salaries and section 275 relating to taxes for which no deduction is wages. See the applicable form for details. allowed. For more information, see the final regulations • Form 5884, Work Opportunity Credit. and Rev. Rul. 2013-27. • Form 8844, Empowerment Zone Employment Credit. • Form 8932, Credit for Employer Differential Wage Do not reduce the corporation's deduction for Payments. ! social security and Medicare taxes by the • Form 8994, Employer Credit for Paid Family and CAUTION nonrefundable and refundable portions of any Medical Leave. FFCRA and ARP credits for qualified sick and family leave wages claimed on its employment tax returns. Instead, Line 18. Rents. If the corporation rented or leased a report this amount as income on line 13. vehicle, enter the total annual rent or lease expense paid or incurred during the year. Also, complete Form 4562, Line 20a. Interest. Part V. If the corporation leased a vehicle for a term of 30 days or more, the deduction for the vehicle lease expense Note. Do not offset interest income against interest may have to be reduced by an amount includible in expense. income called the inclusion amount. The corporation may The corporation must allocate the interest expense if have an inclusion amount if: the proceeds of a loan were used for more than one 14 Instructions for Form 1120-PC (2023) |
Page 15 of 28 Fileid: … ns/i1120pc/2023/a/xml/cycle07/source 13:27 - 29-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. purpose (for example, to purchase a portfolio investment For other special rules that apply to corporations, see Pub. and to acquire an interest in a passive activity). See 542. Temporary Regulations section 1.163-8T for the interest Line 22. Depreciation. Include on line 22 depreciation allocation rules. and the cost of certain property that the corporation Do not deduct the following interest. elected to expense under section 179. See Form 4562 • Interest on indebtedness incurred or continued to and the Instructions for Form 4562. purchase or carry obligations if the interest is wholly exempt from income tax. See section 265(b) for special Line 23. Depletion. If the corporation has an economic rules and exceptions for financial institutions. Also, see interest in mineral property or standing timber, it can take section 265(b)(7) for a temporary de minimis exception for a deduction for depletion. In the case of leased property, financial institutions for certain tax-exempt bonds issued in the depletion deduction is divided between the lessor and 2009 and 2010. the lessee. • Interest and carrying charges on straddles. Generally, See sections 613 and 613A for percentage depletion these amounts must be capitalized. See section 263(g). rates applicable to natural deposits. Also, see section 291 • Interest on debt allocable to the production of for the limitation on the depletion deduction for iron ore designated property by a corporation for its own use or for and coal (including lignite). sale. The corporation must capitalize this interest. Also, Attach Form T (Timber), Forest Activities Schedule, if a capitalize any interest on debt allocable to an asset used deduction for depletion of timber is taken. to produce the property. See section 263A(f) and There are special rules for intangible drilling and Regulations sections 1.263A-8 through 1.263A-15 for development costs incurred outside the United States. definitions and more information. See section 263(i). • Interest on unpaid taxes attributable to nondisclosed reportable transactions. See section 163(m). Line 24. Pension, profit-sharing, etc., plans. Enter the Limitation on deduction. Under section 163(j), deduction for contributions to qualified pension, business interest expense is generally limited to the sum profit-sharing, or other funded deferred compensation of business interest income, 30% of the adjusted taxable plans. income, and floor plan financing interest. The amount of any business interest expense that is not allowed as a Note. Employers who maintain a plan are generally deduction for the tax year is carried forward to the required to file Form 5500, Form 5500-SF, or Form following year. If section 163(j) applies, use Form 8990 to 5500-EZ. Go to www.EFAST.dol.gov and IRS.gov/ figure the amount of business interest expense the Form5500EZ for more information. corporation can deduct for the current tax year and the Line 25. Employee benefit programs. Enter amount that can be carried forward to the next year. See contributions to employee benefit programs not claimed the Instructions for Form 8990. Also see Schedule I, elsewhere on the return (for example, insurance, health Question 18, later. and welfare programs, etc.) that are not an incidental part Special rules apply to the following. of a pension, profit-sharing, etc., plan included on line 24. • Forgone interest on certain below-market-rate loans Line 29. Dividends to policyholders. Enter the total (see section 7872). dividends and similar distributions paid or declared to • Original issue discount (OID) on certain high-yield policyholders, as policyholders, except in the case of a discount obligations. See section 163(e)(5) to determine mutual fire insurance company exclusively issuing the disqualified amount of the deduction for OID that is perpetual policies. Whether dividends have been paid or deferred and the amount that is disallowed on a high-yield declared should be determined according to the method discount obligation. The rules under section 163(e)(5) do of accounting employed by the insurance company. not apply to certain high-yield discount obligations issued before January 1, 2011. See section 163(e)(5)(F), and Dividends and similar distributions. Include amounts Notice 2010-11, 2010-4 I.R.B. 326. returned or credited to policyholders on cancellation or • Interest which is allocable to unborrowed policy cash expiration of policies issued by a mutual fire or flood values of life insurance, endowment, or annuity contracts insurance company: issued after June 8, 1997. See section 264(f). Attach a 1. Where the premium deposits for the policy are the statement showing the computation of the deduction. same (regardless of the length of the policy); and Line 20b. Less tax-exempt interest expense. Enter 2. The unabsorbed portion of the premium deposits interest paid or accrued during the tax year on not required for losses, expenses, or establishment of indebtedness incurred or continued to purchase or carry reserves is returned or credited to the policyholder on obligations if the interest is wholly exempt from income cancellation or expiration of the policy. tax. See section 265. In the case of a qualified group self-insurers fund, the Line 21. Charitable contributions. Include charitable fund's deduction for policyholder dividends is allowed no contributions, as provided in section 170. See section 170 earlier than the date the state regulatory authority and its regulations for limitations, carryover, exclusions, determines the amount of the policyholder dividend that requirements, substantiation, and other rules. may be paid. See section 6076 of the Technical and For more information on charitable contributions, Miscellaneous Revenue Act of 1988. including substantiation and recordkeeping requirements, Line 30. Mutual interinsurers or reciprocal underwrit- see section 170 and the related regulations and Pub. 526. ers—increase in subscriber accounts. A mutual Instructions for Form 1120-PC (2023) 15 |
Page 16 of 28 Fileid: … ns/i1120pc/2023/a/xml/cycle07/source 13:27 - 29-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. insurance company that is an interinsurer or reciprocal • Lobbying expenses. However, see the exceptions underwriter may deduct the increase in savings credited discussed later. to subscriber accounts for the tax year. • Amounts paid or incurred for any settlement, payout, or Savings credited to subscriber accounts means the attorney fees related to sexual harassment or sexual surplus credited to the individual accounts of subscribers abuse, if such payments are subject to a nondisclosure before the 16th day of the 3rd month following the close of agreement. See section 162(q). the tax year. This is true only if the corporation would be Travel, meals, and entertainment. Subject to limitations required to pay this amount promptly to a subscriber if the and restrictions discussed below, a corporation can subscriber ended the contract when the corporation's tax deduct ordinary and necessary travel, meals, and year ends. non-entertainment expenses paid or incurred in its trade Line 31. Other deductions. Attach a statement listing by or business. Generally, entertainment expenses, type and amount all allowable deductions under sections membership dues, and facilities used in connection with 832(c)(1) and (10) (net of the annual statement change in these activities cannot be deducted. In addition, no undiscounted unpaid loss adjustment expenses) that are deduction is generally allowed for qualified transportation not deductible on lines 15 through 30. fringe benefits. Also, special rules apply to deductions for gifts, luxury water travel, and convention expenses. See Examples of other deductions may include the section 274 and Pub. 463 for details. following. Travel. The corporation cannot deduct travel expenses • Any deduction under P.L. 115-97, section 13517(c)(3) of any individual accompanying a corporate officer or (B)(i) (transitional relief for change in reserve). employee, including a spouse or dependent of the officer • Any energy efficient commercial buildings deduction for or employee, unless: property placed in service during the tax year. Complete and attach Form 7205. • That individual is an employee of the corporation, and • Certain business startup and organizational costs • That individual’s travel is for a bona fide business purpose and would otherwise be deductible by that (discussed earlier under Limitations on Deductions). individual. • Legal and professional fees. • Supplies used and consumed in the business. Meals. Generally, the corporation can deduct only 50% • Travel, meals, and entertainment expenses. Special of the amount otherwise allowable for rules apply (discussed later). non-entertainment-related meal expenses paid or incurred • Utilities. in its trade or business. Meals not separately stated from • Ordinary losses from trade or business activities of a entertainment are generally not deductible. partnership from Schedule K-1 (Form 1065). Do not offset In addition (subject to exceptions under section 274(k) ordinary income against ordinary losses. Instead, include (2)): the income on line 13. Show the partnership's name, • Meals must not be lavish or extravagant, and address, and EIN on a separate statement attached to this • An employee of the corporation must be present at the return. If the amount entered is from more than one meal. partnership, identify the amount from each partnership. Membership dues. The corporation can deduct • Any extraterritorial income exclusion from Form 8873, amounts paid or incurred for membership dues in civic or Extraterritorial Income Exclusion. public service organizations, professional organizations • Dividends paid in cash on stock held by an employee (such as bar and medical associations), business stock ownership plan (ESOP). However, a deduction may leagues, trade associations, chambers of commerce, only be taken for the dividends above if, according to the boards of trade, and real estate boards. However, no plan, the dividends are: deduction is allowed if a principal purpose of the 1. Paid in cash directly to the plan participants or organization is to entertain or provide entertainment beneficiaries; facilities for members or their guests. This includes country clubs, golf and athletic clubs, airline and hotel 2. Paid to the plan, which distributes them in cash to clubs, and clubs operated to provide meals under the plan participants or their beneficiaries no later than 90 conditions favorable to business discussion. days after the end of the plan year in which the dividends Qualified transportation fringes (QTFs). Generally, are paid; no deduction is allowed under section 274(a)(4) for QTFs 3. At the election of the participants or their provided by employers to their employees. QTFs are beneficiaries (a) payable as provided under (1) or (2) defined in section 132(f)(1) and include: above, or (b) paid to the plan and reinvested in qualifying • Transportation in a commuter highway vehicle between employer securities; or the employee’s residence and place of employment, 4. Used to make payments on a loan described in • Any transit pass, and section 404(a)(9). • Qualified parking. See section 404(k) for more details and the limitation See section 274; Pub. 15-B, Employer’s Tax Guide to on certain dividends. Fringe Benefits, for details. Do not deduct expenses such as the following. Entertainment facilities. Generally, the corporation • Amounts paid to, or at the direction of, a government or cannot deduct an expense paid or incurred for a facility specified nongovernmental entity for the violation, or (such as a yacht or hunting lodge) used for an activity investigation or inquiry, of a law. However, see the usually considered entertainment, amusement, or exceptions discussed later. recreation. 16 Instructions for Form 1120-PC (2023) |
Page 17 of 28 Fileid: … ns/i1120pc/2023/a/xml/cycle07/source 13:27 - 29-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Amounts treated as compensation. Generally, the Line 36b. Net operating loss deduction. Section 172 corporation may be able to deduct otherwise provides for an NOL deduction, limitation, carryovers, and nondeductible entertainment, amusement, or recreation carrybacks. Attach a statement showing the computation expenses if the amounts are treated as compensation to of the NOL deduction. the recipient and reported on Form W-2 for an employee The following special rules apply. or on Form 1099-NEC for an independent contractor. • Section 382 provides a limitation on NOL carryforwards However, if the recipient is an officer, director, beneficial and certain built-in losses following ownership change. owner (directly or indirectly), or other “specified individual” • If a corporation acquires control of another corporation (as defined in section 274(e)(2)(B) and Regulations (or acquires its assets in a reorganization), the amount of section 1.274-9(b)), special rules apply. pre-acquisition losses that may offset recognized built-in Fines and penalties. Generally, no deduction is allowed gain may be limited (see section 384). for fines or similar penalties paid or incurred to, or at the • If a corporation elects the alternative tax on qualifying direction of, a government or governmental entity for shipping activities under section 1354, no deduction is violating any law, or for the investigation or inquiry into the allowed for an NOL attributable to the qualifying shipping potential violation of a law, except: activities to the extent that the loss is carried forward from • Amounts that constitute restitution, a tax year preceding the first tax year for which the • Amounts paid to come into compliance with the law, alternative tax election was made. See section 1358(b)(2). • Amounts paid or incurred as the result of certain court • Section 831(b)(3) provides for a limitation on use of orders or agreements in which no government or NOLs. governmental entity is a party, and For more details on the NOL deduction, see section • Amounts paid or incurred for taxes due. No deduction is 172 and the Instructions for Form 1139, Corporation allowed unless the amounts are specifically identified in Application for Tentative Refund. the order or agreement and the corporation establishes Line 37. Taxable income. If line 37 (figured without that the amounts were paid for that purpose. Also, any regard to the items listed under Minimum taxable income amount paid or incurred as reimbursement to the below) is zero or less, the corporation may have an NOL government for the costs of any investigation or litigation that can be carried back or forward as a deduction to other are not eligible for the exceptions and are nondeductible. tax years. See section 162(f). Minimum taxable income. The corporation's taxable Lobbying expenses. Generally, lobbying expenses are income cannot be less than the largest of the following not deductible. These expenses include: amounts. • Amounts paid or incurred in connection with influencing federal, state, or local legislation (but not amounts paid or • The inversion gain of the corporation for the tax year, if the corporation is an expatriated entity or a partner in an incurred before December 22, 2017, in connection with expatriated entity. See section 7874(a). local legislation); or • Amounts paid or incurred in connection with any • The sum of the corporation's excess inclusions from its residual interest in a real estate mortgage investment communication with certain federal executive branch conduit (REMIC) from Schedules Q (Form 1066), line 2c, officials in an attempt to influence the official actions or and the corporation's taxable income determined solely positions of the officials. See Regulations section 1.162- with respect to its ownership and high-yield interests in 29 for the definition of “influencing legislation.” financial asset securitization investment trusts (FASITs). Dues and other similar amounts paid to certain tax- See section 860E(a). exempt organizations may not be deductible. If certain in- house lobbying expenditures do not exceed $2,000, they Net operating loss. Only certain losses can be carried are deductible. back. The carryback period for these losses is 2 years. For NOLs that can be carried back, the corporation can Line 32. Total deductions. Section 848 (capitalization of elect to waive the carryback period and instead carry the certain policy acquisition expenses) requires insurance NOL forward to future tax years. companies to capitalize specified policy acquisition See the Instructions for Form 1139. See the expenses and deduct them ratably over time. Attach a instructions for Schedule I, Item 10 for information on statement showing all computations. See section 848 and making the election to waive the entire carryback period. its regulations. The NOL deduction for tax year 2023 generally cannot Line 34b. Deduction on account of the special in- exceed the aggregate amount of NOLs arising in tax years come and deduction accounts. Enter the total of the beginning before January 1, 2018, carried to such year amounts required to be added under sections 832(e)(4) plus the lesser of: and (6). However, no deduction is permitted unless tax and loss bonds are purchased in an amount equal to the 1. The aggregate amount of NOLs arising in tax years tax benefit of the deduction. See section 832(e). beginning after December 31, 2017, carried to such tax year; or Note. The deduction on account of the special income 2. 80% of the excess, if any, of taxable income and deduction accounts is limited to taxable income for determined without any NOL deduction, section 199A the tax year (computed without regard to this deduction or deduction, or section 250 deduction, over any NOL to any carryback of a net operating loss (NOL)). carryover to the tax year from tax years beginning before January 1, 2018. Instructions for Form 1120-PC (2023) 17 |
Page 18 of 28 Fileid: … ns/i1120pc/2023/a/xml/cycle07/source 13:27 - 29-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. An exception applies for NOLs of insurance companies Deductions other than life insurance companies. The 80% taxable income limit does not apply to these entities. See sections Line 9. Real estate taxes. Enter taxes paid or accrued 172(b) and (f). on real estate owned by the corporation and deductible under section 164. See the Instructions for Form 1139 for other special rules and elections. Line 10. Other real estate expenses. Enter all ordinary and necessary real estate expenses, such as fire insurance, heat, light, and labor. Also, enter the cost of Schedule B, Part I—Taxable incidental repairs, such as labor and supplies, that do not Investment Income of Electing Small add to the property's value or appreciably prolong its life. Do not include any amount paid for new buildings or for Companies permanent improvements or betterments made to increase the value of any property. Do not include any Note. (1) Once an election under section 831(b) is made amount spent on foreclosed property before the property to be taxed only on investment income, it can only be is held for rent. revoked with the consent of the Secretary; and (2) a corporation making this election must include on Line 11. Depreciation. Enter depreciation on assets Schedule B, line 8, any amount subtracted from a PAL only to the extent that the assets are used to produce account. gross investment income reported on Schedule B, lines 1 through 7. For more information, see the instructions for Income Schedule A, line 22. Line 1a, column (a). Interest (including tax-exempt Note. See section 834(d)(1) regarding the limitation of interest). Enter the gross amount of interest income, expenses on real estate owned and occupied in part or in including all tax-exempt interest income. whole by a mutual insurance company. Line 1b, column (a). Interest exempt under section Line 12. Depletion. Enter any allowable depletion on 103. Enter the amount of interest on state and local royalty income reported on Schedule B, line 4. See the bonds that is exempt from taxation under section 103. See instructions for Schedule A, line 23 for more information. the instructions for Schedule A, line 3b, column (a), for more information. Line 13. Trade or business deductions. Enter the total deductions related to any trade or business income Lines 1a and 1b, column (b). Amortization of premi- included in gross investment income under section 834(b) um. Enter on line 1a, column (b), the total amortization of (2). Do not include deductions for any insurance business. bond premium, including amortization on tax-exempt Do not include losses from sales or exchanges of capital bonds. assets or property used in the business, or from the Enter on line 1b, column (b), the amortization of bond compulsory or involuntary conversion of property used in premium on tax-exempt bonds. the trade or business. Note. Insurance companies electing to amortize discount Line 14. Interest. See the instructions for Schedule A, for tax purposes must reduce the amortization of premium lines 20a and 20b. by any amortization of discount. Line 17. Investment expenses. Enter expenses that are Line 3. Rents. Enter the gross rents received or accrued properly chargeable as investment expenses. If general during the tax year. Deduct rental expenses such as expenses are allocated to investment expenses, the total repairs, interest, taxes, and depreciation on the proper deduction cannot be more than the amount on lines in the Deductions section. Schedule B, Part II, line 39. Attach a statement showing the kind and amount of general expenses. Minor items Line 5. Gross income from a trade or business, other may be grouped together. than an insurance business, and from Form 4797. Enter the gross income from a trade or business, other See section 267 for the limitation on deductions for than an insurance business, carried on by the insurance unpaid expenses and interest in transactions between company or by a partnership of which the insurance related taxpayers. company is a partner. Include section 1245 and section 1250 gains (as modified by section 291) and other gains Schedule B, Part II—Invested Assets from Form 4797, on investment assets only. Book Values Line 6. Income from leases described in sections Use Schedule B, Part II, to compute the limitation on 834(b)(1)(B) and 834(b)(1)(C). Enter gross income investment expenses under section 834(c)(2) when any from entering into, changing, or ending any lease, general expenses are in part assigned to, or included in, mortgage, or other instrument or agreement from which the investment expenses deducted on Schedule B, Part I, the company earns interest, rents, or royalties. line 17. Line 8. Gross investment income. If gross investment income includes an amount subtracted from the PAL account, enter on the dotted line next to line 8, “PAL” and the amount. 18 Instructions for Form 1120-PC (2023) |
Page 19 of 28 Fileid: … ns/i1120pc/2023/a/xml/cycle07/source 13:27 - 29-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. subject to income tax and that are subject to the 65% Schedule C—Dividends, Inclusions, deduction under section 243(c), and • Taxable distributions from an interest charge domestic Dividends-Received Deduction, and international sales corporation (IC-DISC) or former Other Special Deductions domestic international sales corporation (DISC) that are considered eligible for the 65% deduction. Definitions Line 3. Enter the following. Prorated amounts. Prorated amounts mean tax-exempt • Dividends received on certain debt-financed stock interest and dividends for which a deduction is allowable acquired after July 18, 1984, from domestic and foreign under section 243, 244 (as affected by P.L. 113-295, Div. corporations subject to income tax that would otherwise A, section 221(a)(41)(A), December 19, 2014, 128 Stat. be subject to the dividends-received deduction under 4043), or 245 (other than 100% dividends). section 243(a)(1), 243(c), or 245(a). Generally, debt-financed stock is stock that the corporation acquired 100% dividend. 100% dividend means any dividend if by incurring a debt (for example, it borrowed money to buy the percentage used for purposes of determining the the stock). deduction allowable under section 243, 244 (as affected by P.L. 113-295, Div. A, section 221(a)(41)(A), December • Dividends received from a regulated investment company (RIC) on certain debt-financed stock. The 19, 2014, 128 Stat. 4043), or 245(b) is 100%. See section amount of dividends eligible for the dividends-received 243, section 244 as affected by P.L. 113-295, and section deduction is limited by section 854(b). The corporation 245. should receive a notice from the RIC specifying the amount of dividends that qualify for the deduction. Lines 1 Through 25 Line 4. Enter dividends received on preferred stock of a For purposes of the 20% ownership test on lines 1 through less-than-20%-owned public utility that is subject to 7, the percentage of stock owned by the corporation is income tax and is allowed the deduction provided in based on voting power and value of the stock. Preferred section 247 (as affected by P.L. 113-295, Div. A, section stock described in section 1504(a)(4) is not taken into 221(a)(41)(A), December 19, 2014, 128 Stat. 4043) for account. dividends paid. Consolidated returns. Corporations filing consolidated Line 5. Enter dividends received on preferred stock of a returns should see Regulations sections 1.1502-13, 20%-or-more-owned public utility that is subject to income 1.1502-26, and 1.1502-27 before completing Schedule C. tax and is allowed the deduction provided in section 247 (as affected by P.L. 113-295, Div. A, section 221(a)(41)(A), Lines 1 through 9, column (a). Enter in column (a) of December 19, 2014, 128 Stat. 4043) for dividends paid. the appropriate line those dividends that are subject to the provisions of section 832(b)(5)(B).This will include: Line 6. Enter the U.S.-source portion of dividends that: • Are received from less-than-20%-owned foreign 1. All dividends (other than 100% dividends) received corporations, and on stock acquired after August 7, 1986; and Qualify for the 50% deduction under section 245(a). To • 2. 100% dividends received on stock acquired after qualify for the 50% deduction, the corporation must own at August 7, 1986, to the extent that such dividends are least 10% of the stock of the foreign corporation by vote attributable to prorated amounts (see definition earlier). and value. In the case of an insurance company that files a Also, include dividends received from a consolidated return, the determination with respect to any less-than-20%-owned foreign sales corporation (FSC) dividend paid by a member to another member of the that: affiliated group is made as if no consolidated return was • Are attributable to income treated as effectively filed. See section 832(g). connected with the conduct of a trade or business within the United States (excluding foreign trade income), and Line 1. Enter dividends (except those received on certain Qualify for the 50% deduction under section 245(c)(1) • debt-financed stock acquired after July 18, 1984 (see (B). section 246A)) that are: • Received from less-than-20%-owned domestic Line 7. Enter the U.S.-source portion of dividends that: corporations subject to income tax, and • Are received from 20%-or-more-owned foreign • Qualified for the 50% deduction under section 243(a) corporations, and (1). • Qualify for the 65% deduction under sections 245(a) See section 246 and section 854 for limitations and and 242 by reference. exclusions. Also, include dividends received from a Report so-called dividends or earnings received from 20%-or-more-owned FSC that: mutual savings banks, etc., as interest. Do not treat them • Are attributable to income treated as effectively as dividends. connected with the conduct of a trade or business within the United States (excluding foreign trade income), and Line 2. Enter on line 2: • Qualify for the 65% deduction provided in section • Dividends (except those received on certain 245(c)(1)(B). debt-financed stock acquired after July 18, 1984) that are received from 20%-or-more-owned domestic corporations Instructions for Form 1120-PC (2023) 19 |
Page 20 of 28 Fileid: … ns/i1120pc/2023/a/xml/cycle07/source 13:27 - 29-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Line 8. Enter dividends received from wholly owned should equal the sum of the amounts reported by the U.S. foreign subsidiaries that are eligible for the 100% shareholder on Form(s) 5471, Schedule I, line 1b. deduction under section 245(b). Line 12c, column (b). Enter all other amounts included In general, the deduction under section 245(b) applies in income under section 951, other than amounts on to dividends paid out of the earnings and profits of a line 15. This should equal the sum of the amounts foreign corporation for a tax year during which: reported by the U.S. shareholder on Form(s) 5471, • All of its outstanding stock is directly or indirectly owned Schedule I, lines 1c–1h, 2, and 4. by the domestic corporation receiving the dividends, and Line 13, column (b). Enter amounts included in income • All of its gross income from all sources is effectively under the section 951. See Form 8992, Part II, line 5; and connected with the conduct of a trade or business within the Instructions for Form 8992. If you also have a Form the United States. 5471 reporting requirement, attach Form 5471. Also, include on line 8 dividends from FSCs that are Line 15, column (b). Reserved for future use. attributable to foreign trade income and that are eligible for the 100% deduction provided in section 245(c)(1)(A). Line 16, column (b). Include the following. Line 9. Enter only those dividends that qualify under 1. Dividends (other than capital gain distributions section 243(b) for the 100% dividends-received deduction reported on Schedule D (Form 1120) and exempt-interest described in section 243(a)(3). dividends) that are received from RICs and that are not subject to the 50% deduction. The 100% deduction does not apply to affiliated group members that are joining in the filing of a consolidated 2. Dividends from tax-exempt organizations. return. 3. Dividends (other than capital gain distributions) Line 10, column (b). Enter the foreign-source portion of received from a real estate investment trust (REIT) that, dividends that: for the tax year of the trust in which the dividends are paid, • Are received from specified 10%-owned foreign qualifies under sections 856 through 860. corporations (as defined in section 245A(b)), including, for 4. Dividends not eligible for a dividends-received example, gain from the sale of stock of a foreign deduction, which include the following. corporation that is treated as a dividend under sections a. Dividends received on any share of stock held for 1248(a) and (j); and less than 46 days during the 91-day period beginning 45 • Qualify for the 100% deduction under section 245A(a) days before the ex-dividend date. When counting the (excluding any hybrid dividends; see the instructions for number of days the corporation held the stock, you cannot line 11 below). count certain days during which the corporation's risk of Line 11, column (b). Enter the foreign dividends not loss was diminished. See section 246(c)(4) and reportable on line 3, 6, 7, 8, or 10 of column (b). Regulations section 1.246-5 for more details. Include on line 11 the foreign-source portion of any b. Dividends received on any share of preferred stock dividend that does not qualify for the section 245A which are attributable to periods totaling more than 366 deduction (for example, hybrid dividends within the days, if such stock was held for less than 91 days during meaning of section 245A(e), ineligible amounts of the 181-day period that began 90 days before the dividends within the meaning of Regulations section ex-dividend date. When counting the number of days the 1.245A-5(b), dividends that fail to meet the holding period corporation held the stock, you cannot count certain days requirement under section 246(c)(5), etc.). during which the corporation's risk of loss was diminished. See section 246(c)(4) and Regulations section 1.246-5 for Also, include on line 11 the corporation's share of more details. Preferred dividends attributable to periods distributions from a section 1291 fund from Form 8621, to totaling less than 367 days are subject to the 46-day the extent that the amounts are taxed as dividends under holding period rule above. section 301. See Form 8621 and its instructions. c. Dividends on any share of stock to the extent the Attach a statement identifying the amount of each corporation is under an obligation (including a short sale) dividend reported on line 11 and the provision pursuant to to make related payments with respect to positions in which a deduction is not allowed with respect to such substantially similar or related property. dividend. 5. Any other taxable dividend income not properly Line 12a, column (b). Enter the foreign-source portion reported elsewhere on Schedule C. of any subpart F inclusions attributable to the sale or exchange by a CFC of stock in another foreign corporation Line 20. Dividends received on certain debt-financed described in section 964(e)(4). This should equal the sum stock acquired after July 18, 1984, are not entitled to the of the amounts reported by the U.S. shareholder on full 50% or 65% dividends-received deduction. The 50% Form(s) 5471, Schedule I, line 1a. (Do not include on or 65% deduction is reduced by a percentage that is line 12a any portion of such subpart F inclusion that is not related to the amount of debt incurred to acquire the eligible for the section 245A deduction pursuant to stock. See section 246A. Also, see section 245(a) before Regulations section 1.245A-5(g)(2). Include such making this computation for an additional limitation that amounts on line 12c.) applies to dividends received from foreign corporations. Line 12b, column (b). Enter the total subpart F Attach a statement showing how the amount on line 20 inclusions attributable to tiered hybrid dividends. This was figured. 20 Instructions for Form 1120-PC (2023) |
Page 21 of 28 Fileid: … ns/i1120pc/2023/a/xml/cycle07/source 13:27 - 29-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Worksheet for Schedule C, Line 26 Keep for Your Records 1. Refigure the amount from Schedule A, line 35, or Schedule B, line 19, whichever applies, without any adjustment under section 1059, and without any capital loss carryback to the tax year under section 1212(a)(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. Enter the sum of the amounts from line 25, column (b) (without regard to wholly owned foreign subsidiary dividends), and line 9, column (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. Subtract line 2 from line 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4. Multiply line 3 by 65% (0.65) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5. Add lines 19, 22, 24, and 25, column (b) (without regard to FSC dividends), and the portion of the deduction on line 20, column (b), that is attributable to dividends received from 20%-or-more-owned corporations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. Enter the smaller of line 4 or line 5. If line 5 is greater than line 4, stop here; enter the amount from line 6 on line 26, column (b), and do not complete the rest of this worksheet . . . . . . . . . . . . . . . . . . . 7. Enter the total amount of dividends received from 20%-or-more-owned corporations that are included on lines 2, 3, 5, 7, and 8, column (b) (without regard to FSC dividends) . . . . . . . . . . . . . . . 8. Subtract line 7 from line 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9. Multiply line 8 by 50% (0.50) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10. Subtract line 5 from line 26, column (b) (without regard to FSC dividends) . . . . . . . . . . . . . . . . . . . . . 11. Enter the smaller of line 9 or line 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12. Dividends-received deduction after limitation (section 246(b)). Add lines 6 and 11. Enter the result here and on line 26, column (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Line 26, column (b). Generally, line 26, column (b), and Blue Shield organizations described in section 833(c) cannot exceed the amount from the Worksheet for (2), and other organizations described in section 833(c) Schedule C, Line 26, above. However, in a year in which (3), to those with an MLR of 85% or more. Organizations an NOL occurs, this limitation does not apply even if the with an MLR less than 85% are allowed to deduct only loss is created by the dividends-received deduction. See 80% of unearned premiums. See section 833(c)(5) and sections 172(d) and 246(b). Regulations section 1.833-1. Line 28, column (b). Enter the section 250 deduction Line 1. Enter gross premiums written on insurance claimed for foreign-derived intangible income (FDII) and contracts during the tax year, less return premiums and global intangible low-taxed income (GILTI). This should premiums paid for reinsurance. See Regulations section equal the sum of Form 8993, Part III, lines 28 and 29. 1.832-4. Line 29. Reserved for future use. Lines 2a and 4a. Include on lines 2a and 4a the following. Schedule E—Premiums Earned 1. All life insurance reserves, as defined in section 816(b) (but determined under section 807). Definitions 2. Generally, all section 833 organizations with an MLR of 85% or more (discussed earlier) are permitted to Undiscounted unearned premiums. Undiscounted enter 100% of unearned premiums on lines 2a and 4a. unearned premiums means the unearned premiums Section 833 organizations with an MLR of less than 85% shown in the annual statement filed for the year ending must change to an 80% Unearned Premium Reserve. For with or within the tax year. more information, see Change in accounting method, Applicable interest rate. Applicable interest rate means earlier. the annual rate determined under section 846(c)(2) for the calendar year the premiums are received. Lines 2b and 4b. Include on lines 2b and 4b 90% of unearned premiums for insurance against default in the Applicable statutory premium recognition pattern. payment of principal or interest on securities described in Applicable statutory premium recognition pattern means section 165(g)(2)(C) (relating to worthless securities) with the statutory premium recognition pattern in effect for the maturities of more than 5 years. See section 832(b)(7)(B). calendar year the premiums are received, and is based on the statutory premium recognition pattern which applies to Lines 2c and 4c. The amount of discounted unearned premiums received by the corporation in that calendar premiums at the end of any tax year must be the present year. For purposes of the preceding sentence, premiums value of those premiums (as of such time and separately received during any calendar year will be treated as with respect to premiums received in each calendar year) received in the middle of such year. determined by using: Medical loss ratio (MLR). Section 833(c)(5) limits the 1. The amount of the undiscounted unearned 100% deduction of unearned premiums by Blue Cross premiums at such time, Instructions for Form 1120-PC (2023) 21 |
Page 22 of 28 Fileid: … ns/i1120pc/2023/a/xml/cycle07/source 13:27 - 29-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 2. The applicable interest rate, and annual statement (as defined by section 846(e)(3)) filed 3. The applicable statutory premium recognition for the calendar year ending with or within the tax year. pattern. See section 1.832-4(b) relating to the determination of unpaid losses. Lines 2d and 4d. Include on lines 2d and 4d 80% of the Section 832(b)(5)(A) provides rules for figuring losses total of all unearned premiums not reported on lines 2a incurred. Section 832(b)(5)(B) provides rules for reducing through 2c, or 4a through 4c, respectively. the deduction figured in section 832(b)(5)(A). A reciprocal or interinsurer required under state law to Rev. Proc. 2023-41, 2023-52, I.R.B. 1607, available at reflect unearned premiums on its annual statement net of IRS.gov/irb/2023-52_IRB#REV-PROC-2023-41, premium acquisition expenses should increase its prescribes discount factors for the 2023 accident year for unearned premiums by the amount of such acquisition use by insurance companies in computing discounted expenses prior to making the computation on lines 2d and unpaid losses under section 846 and discounted 4d. See section 832(b)(7)(E). estimated salvage recoverable under section 832. Rev. Line 6. Transitional adjustments apply to companies Proc. 2023-41 also provides, for convenience, discount which become taxable under section 831(a). See section factors for losses incurred in earlier accident years for use 832(b)(7)(D). in tax years beginning in 2023. The discount factors set forth in Rev. Proc. 2023-41 are determined under section 846 and Regulations section 1.846-1. Schedule F—Losses Incurred Line 1. Losses paid. Enter the total losses paid on Note. P.L. 115-97, section 13523, modified discounting insurance contracts during the tax year less salvage and rules for property and casualty insurance companies, reinsurance recovered during the tax year. Attach a modified the rate of interest used to discount unpaid statement that reconciles the amount entered on line 1 to losses, modified computational rules for loss payment the amount reported on the corporation's annual patterns, and repealed the historical payment pattern statement. election. These amendments apply to tax years beginning after 2017. An 8-year transition rule also applies. See Lines 2a and 4a. Unpaid losses on life insurance con- section 846 of the Internal Revenue Code, as modified by tracts. Unpaid losses must be adjusted for recoveries of P.L. 115-97, section 13523. reinsurance. The amounts of expected recoveries should be estimated based on the facts in each case and the Note. There is a special application of the “fresh start” corporation's experience with similar cases. See provision for an insurance company that is not subject to Regulations section 1.832-4(b). tax under section 831(a) for its first tax year beginning after December 31, 1986, because (1) it is described in Lines 2b and 4b. Discounted unpaid losses outstand- section 501(c), or (2) it is subject to tax under section ing. Enter all discounted unpaid losses, as defined in 831(b) on its investment income. section 846. If the insurance company later becomes subject to tax Section 846 provides that the amount of discounted under section 831(a), the rules relating to the fresh start unpaid losses must be figured separately by each line of under the discounting provisions are applied by treating business (multiple peril lines must be treated as a single the last tax year before the year in which the insurance line of business) and by each accident year and must be company becomes subject to tax under section 831(a) as equal to the present value of those losses determined by the insurance company's last tax year beginning before using the: 1987. See section 1010(e) of the Technical and 1. Amount of the undiscounted unpaid losses, Miscellaneous Revenue Act of 1988 and Notice 88-100, 2. Applicable interest rate, and 1988-2 C.B. 439. 3. Applicable loss payment pattern. Lines 6 and 7. Estimated salvage and reinsurance re- Section 846(e)(6) provides that any determination coverable. Enter on lines 6 and 7 the amount of under section 846(a) (discounted losses determined) with estimated salvage and reinsurance recoverable. See Rev. respect to unpaid losses relating to accident and health Proc. 2023-41 for the latest information and guidance. insurance lines of businesses (other than credit disability Line 9. Tax-exempt interest subject to section 832(b) insurance) must be made (a) in the case of unpaid losses (5)(B). Enter the amount of tax-exempt interest received relating to disability income, by using the general rules or accrued during the tax year on investments made after prescribed under section 807(d) applicable to August 7, 1986. For information regarding the noncancelable accident and health insurance contracts determination of the acquisition date of an investment, see and using a mortality or morbidity table reflecting the the instructions for Schedule C. taxpayer’s experience, except that the limitation of section Line 13. Reduction of deduction under section 832(b) 846(a)(3) (Limitation on amount of discounted losses) will (5)(B). Multiply line 12 by the applicable percentage, apply; and (b) in all other cases, by using an assumption which is 25% (5.25% divided by the highest corporate tax (in lieu of a loss payment pattern) that unpaid losses are rate). paid in the middle of the year following the accident year. A separate series of discount factors are computed for, and applied to, undiscounted unpaid losses attributable to each accident year of each line of business shown on the 22 Instructions for Form 1120-PC (2023) |
Page 23 of 28 Fileid: … ns/i1120pc/2023/a/xml/cycle07/source 13:27 - 29-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Note. Any determination under section 833(b) must be Schedule G—Other Capital Losses made by only taking into account items from the Capital assets are considered sold or exchanged to health-related business of the corporation. provide funds to meet abnormal insurance losses and to Line 8a. Adjusted tax-exempt income. Reduce the pay dividends and make similar distributions to total tax-exempt interest received or accrued during the policyholders to the extent that the gross receipts from tax year by any amount (not otherwise deductible) which their sale or exchange are not more than the amount by would have been allowable as a deduction for the tax year which the sum of dividends and similar distributions paid if such interest were not tax exempt. Enter the result on to policyholders, losses paid, and expenses paid for the line 8a. tax year is more than the total on Schedule G, line 9. Line 8b. Adjusted dividends-received deduction. Total gross receipts from sales of capital assets Reduce the total amount allowed as a deduction under (line 12, column (c)) must not be more than line 10. If sections 243, 244 (as affected by P.L. 113-295, Div. A, necessary, the corporation may report part of the gross section 221(a)(41)(A), December 19, 2014, 128 Stat. receipts from a particular sale of a capital asset on this 4043), and 245 by the amount of any decrease in schedule and the rest on Schedule D (Form 1120). deductions allowable for the tax year because of section Otherwise, do not include on Schedule D (Form 1120) any 832(b)(5)(B) when the decrease is caused by the sales reported on this schedule. deductions under sections 243, 244 (as affected by P.L. 113-295, Div. A, section 221(a)(41)(A), December 19, Schedule H—Special Deduction and 2014, 128 Stat. 4043), and 245. Enter the result on line 8b. Ending Adjusted Surplus for Section 833 Organizations Schedule I—Other Information Section 833(c)(5) provides that section 833(a)(2) and Complete all items that apply to the corporation. section 833(a)(3) do not apply to any organization with an MLR of less than 85%. See section 833(c)(5). Also, see Question 4 Medical loss ratio, earlier. Check the “Yes” box if: Line 5. Beginning adjusted surplus. If the corporation • The corporation is a subsidiary in an affiliated group was a section 833 organization in 2022, it should enter the (defined later), but is not filing a consolidated return for the amount from its 2022 Form 1120-PC, Schedule H, line 10. tax year with that group; or • The corporation is a subsidiary in a parent-subsidiary Generally, the adjusted surplus as of the beginning of controlled group. For a definition of parent-subsidiary any tax year is an amount equal to the adjusted surplus as controlled group, see the Instructions for Schedule O of the beginning of the preceding tax year: (Form 1120). 1. Increased by the amount of any adjusted taxable income for the preceding tax year, or Any corporation that meets either of the requirements 2. Decreased by the amount of any adjusted NOL for above should check the “Yes” box. This applies even if the the preceding tax year. corporation is a subsidiary member of one group and the parent corporation of another. If 2023 is the first tax year the taxpayer qualifies as a section 833 organization, see section 833(c)(3)(C) to Note. If the corporation is an “excluded member” of a determine the adjusted surplus as of the beginning of the controlled group (see the definition in the Instructions for 2023 tax year. Schedule O (Form 1120)), it is still considered a member For purposes of the computation of the adjusted of a controlled group for this purpose. surplus, the terms “adjusted taxable income” and Affiliated group. An affiliated group is one or more “adjusted net operating loss” mean the taxable income or chains of includible corporations (as defined in section the NOL, respectively, determined with the following 1504(b)) connected through stock ownership with a modifications. common parent corporation. See section 1504(a). The 1. Without regard to the deduction determined under common parent must be an includible corporation and the section 833(b)(1). following requirements must be met. 2. Without regard to any carryover or carryback to that 1. The common parent must own directly stock that tax year. represents at least 80% of the total voting power and at 3. By increasing gross income by an amount equal to least 80% of the total value of the stock of at least one of the net exempt income for the tax year. the other includible corporations. 2. Stock that represents at least 80% of the total voting Line 6. Special deduction. The special deduction under power and at least 80% of the total value of the stock of section 833(b) cannot be taken if the MLR is less than each of the other corporations (except for the common 85%. If the MLR is less than 85%, enter zero on line 6 and parent) must be owned directly by one or more of the Schedule A, line 34a. other includible corporations. Note. The deduction for any tax year is limited to taxable For this purpose, the term “stock” generally does not income for that tax year determined without regard to this include any stock that (a) is nonvoting, (b) is deduction. nonconvertible, (c) is limited and preferred as to dividends Instructions for Form 1120-PC (2023) 23 |
Page 24 of 28 Fileid: … ns/i1120pc/2023/a/xml/cycle07/source 13:27 - 29-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. and does not participate significantly in corporate growth, tax years. To do so, check the box on line 10 and file the and (d) has redemption and liquidation rights that do not tax return by its due date, including extensions. Do not exceed the issue price of the stock (except for a attach the statement described in Temporary Regulations reasonable redemption or liquidation premium). section 301.9100-12T. Generally, once made, the election is irrevocable. Question 6 If the corporation timely filed its return for the loss year Check the “Yes” box if one foreign person owned at least without making the election, it can make the election on an 25% of the total voting power of all classes of stock of the amended return filed within 6 months of the due date of corporation entitled to vote, or at least 25% of the total the loss year return (excluding extensions). Attach the value of all classes of stock of the corporation. election to the amended return and enter "Filed pursuant The constructive ownership rules of section 318 apply to section 301.9100-2" on the election statement. See the in determining if a corporation is foreign owned. See Instructions for Form 1139. section 6038A(c)(5) and the related regulations. Corporations filing a consolidated return that elect to Enter on line 6a the percentage owned by the foreign waive the entire carryback period for the group must also person specified in question 6. On line 6b, enter the name attach the statement required by Regulations section of the owner's country. 1.1502-21(b)(3) or the election will not be valid. Note. If there is more than one 25%-or-more foreign Item 11 owner, complete lines 6a and 6b for the foreign person Enter the amount of the NOL carryover to this tax year with the highest percentage of ownership. from prior years, even if some of the loss is used to offset income on this return. The amount to enter is the total of Foreign person. The term “foreign person” means: all NOLs generated in prior years but not used to offset • An individual who is not a citizen or resident of the income (either as a carryback or carryover) in a tax year United States; prior to 2023. Do not reduce the amount by any NOL • An individual who is a citizen or resident of a U.S. deduction reported on Schedule A, line 36b. territory who is not otherwise a citizen or resident of the United States; Question 12 • Any partnership, association, company, or corporation Schedule UTP (Form 1120) asks for information about tax that is not created or organized in the United States; positions that affect the U.S. federal income tax liabilities • Any foreign estate or trust within the meaning of section of certain corporations that issue or are included in 7701(a)(31); or audited financial statements and have assets that equal or • A foreign government (or one of its agencies or exceed $10 million. For details, see the Instructions for instrumentalities) to the extent that it is engaged in the Schedule UTP. conduct of a commercial activity, as described in section 892. Attach Schedule UTP to the corporation's income tax However, the term “foreign person” does not include return. Do not file it separately. A taxpayer that files a any foreign person who consents to the filing of a joint protective Form 1120-PC must also file Schedule UTP if it income tax return. satisfies the requirements set forth above. Owner's country. For individuals, the term “owner's Question 13 country” means the country of residence. For all others, it Section 833(c)(5) provides that section 833(a)(2) and is the country where incorporated, organized, created, or section 833(a)(3) do not apply to a Blue Cross or Blue administered. Shield organization described in section 833(c)(2), or Requirement to file Form 5472. If the corporation other organization described in section 833(c)(3), unless it checked “Yes,” it may have to file Form 5472. Generally, a has an MLR of 85% or more for the tax year. 25% foreign-owned corporation that had a reportable For purposes of section 833(c)(5), the MLR is equal to transaction with a foreign or domestic related party during the amount expended on reimbursement for clinical the tax year must file Form 5472. See the Instructions for services provided to enrollees (as defined in 45 C.F.R. Form 5472 for filing instructions and penalties for failure to 158.140) and for activities that improve health care quality file. (as defined in 45 C.F.R. 158.150) under its policies during the tax year (section 833(c)(5) MLR numerator) divided by Item 9 the total premium revenue (section 833(c)(5) MLR Show any tax-exempt interest received or accrued. denominator). See section 833(c)(5) and Regulations Include any exempt-interest dividends received as a section 1.833-1. Also, see Medical loss ratio, earlier. shareholder in a mutual fund or other RIC. Also, if required, include the same amount on Schedule M-1, Check the “Yes” box if the corporation is a Blue Cross line 7 (or Schedule M-3 (Form 1120-PC), Part II, line 13, if or Blue Shield organization described in section 833(c)(2), applicable). or other organization described in section 833(c)(3), that has satisfied the MLR requirements of section 833(c)(5). Item 10 If you checked “Yes,” you must enter: Generally, if the corporation has an NOL for tax year 2023, • The section 833(c)(5) MLR numerator on line 13(a), it can generally elect to waive the entire carryback period • The section 833(c)(5) MLR denominator on line 13(b), for the NOL and instead carry the NOL forward to future and 24 Instructions for Form 1120-PC (2023) |
Page 25 of 28 Fileid: … ns/i1120pc/2023/a/xml/cycle07/source 13:27 - 29-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • The section 833(c)(5) percentage on line 13(c). Question 16 If you checked “No,” enter zero on Schedule H, line 6, If the corporation paid or accrued any interest or royalty for and Schedule A, line 34a. You cannot take the special which a deduction is not allowed under section 267A, deduction. See the instructions for Schedule H. check "Yes" and enter the total amount of interest and royalty paid or accrued by the corporation (including the Also, if you checked “No,” your deduction of unearned corporation's allocable share through a partnership) for premiums is limited. See the instructions for Schedule E which a deduction is not allowed. for more information. Payments to which section 267A applies. Interest or Question 14 royalty paid or accrued by a domestic corporation Only a corporation that qualifies as a small company (including, in the case of a domestic corporation that is a under section 831(b)(2) is eligible to elect to be taxed on partner in a partnership, the domestic corporation's taxable investment income under section 831(b) in lieu of allocable share of interest or royalty paid or accrued by the the tax otherwise applicable under section 831(a). See partnership) is subject to section 267A. Section 267A section 831(b)(2)(A)(iii). Section 831(b)(2)(A)(ii) provides generally applies to interest or royalty paid or accrued that a corporation must meet the diversification according to a hybrid arrangement (such as, for example, requirements in section 831(b)(2)(B) to qualify as a small a payment according to a hybrid instrument, or a payment company. A corporation meets the diversification to a reverse hybrid), provided that the payment or accrual requirements if under section 831(b)(2)(B)(i)(I) no more is to a related party (or according to a structured than 20% of the net written premiums (or, if greater, direct arrangement). In addition, under an imported mismatch written premiums) of such corporation for the tax year is rule, section 267A generally applies to interest or royalties attributable to any one policyholder. However, a paid or accrued according to a non-hybrid arrangement corporation that does not meet this 20% test can meet the where the income attributable to that payment or accrual diversification requirement under section 831(b)(2)(B) if is directly or indirectly offset by certain deductions no person who holds (directly or indirectly) an interest in involving hybridity incurred by a related party or according such insurance company is a specified holder who holds to a structured arrangement. However, section 267A does (directly or indirectly) aggregate interest in such insurance not apply if a de minimis exception is satisfied. See company which constitutes a percentage of the entire Regulations section 1.267A-1(c). For purposes of section interests in such insurance company which is more than 267A, interest and royalties are defined broadly. For 2% higher than the percentage of interests in the specified additional information about arrangements subject to assets with respect to such insurance company held section 267A, see Regulations sections 1.267A-2 and (directly or indirectly) by such specified holder under 1.267A-4. Also, see the anti-avoidance rule under section 831(b)(2)(B)(i)(II). Regulations section 1.267A-5(b)(6). Extent to which deduction is disallowed. When A corporation making an election under section 831(b) section 267A applies to interest or royalties paid or (2)(A)(iii) must complete question 14 to indicate whether it accrued pursuant to a hybrid arrangement, it generally qualifies as a small company, and, therefore, is eligible to disallows a deduction for the amount to the extent that, make the election to be taxed on taxable investment under the foreign tax law, there is not a corresponding income because it meets the diversification requirements income inclusion (including long-term deferral). However, of the 20% test in section 831(b)(2)(B)(i)(I). If the the deduction is not disallowed to the extent the amount is corporation answers “No” for question 14(a), then the directly or indirectly included in income in the United corporation must satisfy the specified holder/specified States, such as if the amount is taken into account with asset test in section 831(b)(2)(B)(i)(II) to qualify to make respect to a U.S. shareholder under section 951(a) or the section 831(b)(2)(A)(iii) election to be taxed on taxable section 951A. For additional information, see Regulations investment income. If the corporation satisfies the sections 1.267A-2 through 1.267A-4. For examples specified holder/specified asset test in section 831(b)(2) illustrating the application of section 267A, see (B)(i)(II), the corporation should answer “Yes” for question Regulations section 1.267A-6. 14(b). If the corporation does not satisfy either the diversification requirements of section 831(b)(2)(B)(i)(I) or Question 17 section 831(b)(2)(B)(i)(II) for the tax year (answering “No” Check “Yes” if the corporation has an election in effect to for both questions), the corporation is not a small exclude a real property trade or business or a farming company and, therefore, is not eligible to be taxed on business from section 163(j). For more information, see taxable investment income under section 831(b) in lieu of section 163(j) and the Instructions for Form 8990. the tax otherwise applicable under section 831(a). Question 18 Question 15 Generally, a taxpayer with a trade or business must file If the corporation had gross receipts of at least $500 Form 8990 to claim a deduction for business interest. In million in any 1 of the 3 preceding tax years, complete addition, Form 8990 must be filed by any taxpayer that Form 8991 and attach it to this return. For this purpose, owns an interest in a partnership with current-year, or the corporation's gross receipts include the gross receipts prior-year carryover, excess business interest expense of all persons aggregated with the corporation, as allocated from the partnership. specified in section 59A(e)(3). See the Instructions for Form 8991 to determine if the corporation is subject to the Exclusions from filing. A taxpayer is not required to file base erosion minimum tax. Form 8990 if the taxpayer is a small business taxpayer Instructions for Form 1120-PC (2023) 25 |
Page 26 of 28 Fileid: … ns/i1120pc/2023/a/xml/cycle07/source 13:27 - 29-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. (defined below) and does not have excess business Line 5. Tax-exempt securities. Include on this line: interest expense from a partnership. A taxpayer is also not • State and local government obligations, the interest on required to file Form 8990 if the taxpayer only has which is excludable from gross income under section business interest expense from the following excepted 103(a); and trades or businesses. • Stock in a mutual fund or other RIC that distributed • An electing real property trade or business. exempt-interest dividends during the tax year of the • An electing farming business. corporation. • Certain utility businesses. Line 18. Insurance liabilities. Include on this line: Small business taxpayer. A small business taxpayer is • Undiscounted unpaid losses, not subject to the business interest expense limitation and • Loss adjustment expenses, and is not required to file Form 8990. A small business • Unearned premiums. taxpayer is a taxpayer that (a) is not a tax shelter (as See section 846 for more information. defined in section 448(d)(3)); and (b) meets the gross receipts test of section 448(c), discussed next. Line 27. Adjustments to shareholders' equity. Some examples of adjustments to report on this line include: Gross receipts test. For tax years beginning in 2023, a taxpayer meets the gross receipts test if the taxpayer has • Unrealized gains and losses on securities held “available for sale,” average annual gross receipts of $29 million or less for the 3 prior tax years. See section 448(c) and the Instructions • Foreign currency translation adjustments, for Form 8990 for additional information. • The excess of additional pension liability over unrecognized prior service cost, Question 19 • Guarantees of ESOP debt, and If the corporation is a member of a controlled group, check • Compensation related to employee stock award plans. the “Yes” box. Complete and attach Schedule O (Form If the total adjustment to be entered on line 27 is a 1120), Consent Plan and Apportionment Schedule for a negative amount, enter the amount in parentheses. Controlled Group. Component members of a controlled group must use Schedule O to report the apportionment Schedule M-1— Reconciliation of of certain tax benefits between the members of the group. See Schedule O and the Instructions for Schedule O for Income (Loss) per Books With more information. Income (Loss) per Return In completing Schedule M-1, the following apply. Question 20 Check the appropriate boxes to indicate if the corporation • All insurance companies required to file Form 1120-PC is required to file Form 4626. If the corporation does not with total assets (nonconsolidated or consolidated for all meet the requirements of the safe harbor method, as corporations included within the tax consolidation group) provided under section 59(k)(3)(A) and Notice 2023-7, of $10 million or more on the last day of the tax year must 2023-3 I.R.B. 390, available at IRS.gov/irb/ file Schedule M-3 (Form 1120-PC) instead of 2023-03_IRB#NOT-2023-7, complete and attach Form Schedule M-1. See Schedule M-3 (Form 1120-PC), 4626 to the corporation's return. See the Instructions for earlier. Form 4626. • A corporation filing Form 1120-PC that is not required to file Schedule M-3 (Form 1120-PC) may voluntarily file Schedule M-3 (Form 1120-PC) instead of Schedule M-1. Schedule L—Balance Sheets per See the Instructions for Schedule M-3 (Form 1120-PC) for Books more information. Line 5c. Travel and entertainment. Include on line 5c Note. All insurance companies required to file Form any of the following. 1120-PC must complete Schedule L. • Entertainment expenses not deductible under section The balance sheets should agree with the corporation's 274(a). books and records. Meal expenses not deductible under section 274(n). • If filing a consolidated return, report total consolidated • Expenses for the use of an entertainment facility. assets, liabilities, and shareholders’ equity for all • The part of business gifts over $25. corporations joining in the return. See Consolidated • Expenses of an individual over $2,000, allocable to returns, earlier. conventions on cruise ships. • Employee achievement awards of nontangible or Corporations with total assets (nonconsolidated or tangible property over $400 ($1,600 if part of a qualified consolidated for all corporations included within the tax plan). consolidation group) of $10 million or more on the last day • The cost of skyboxes. of the tax year must file Schedule M-3 (Form 1120-PC) • Nondeductible club dues. instead of Schedule M-1. See the separate Instructions for • The part of luxury water travel expenses not deductible Schedule M-3 (Form 1120-PC) for provisions that also under section 274(m). affect Schedule L. • Expenses for travel as a form of education. • Other nondeductible travel and entertainment Line 1. Cash. Include certificates of deposit as cash on expenses. this line. 26 Instructions for Form 1120-PC (2023) |
Page 27 of 28 Fileid: … ns/i1120pc/2023/a/xml/cycle07/source 13:27 - 29-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Line 7a. Tax-exempt interest. Report any tax-exempt The time needed to complete and file this form will vary interest received or accrued, including any depending on individual circumstances. The estimated exempt-interest dividends received as a shareholder in a burden for business taxpayers filing this form is approved mutual fund or other RIC. Also, report this same amount under OMB control number 1545-0123 and is included in on Schedule I, item 10. the estimates shown in the instructions for their business income tax return. Paperwork Reduction Act Notice. We ask for the If you have comments or suggestions for making this information on these forms to carry out the Internal form and related schedules simpler, we would be happy to Revenue laws of the United States. You are required to hear from you. You can send us comments through give us the information. We need it to ensure that you are IRS.gov/FormComments. Or you can write to: complying with these laws and to allow us to figure and collect the right amount of tax. Internal Revenue Service You are not required to provide the information Tax Forms and Publications requested on a form that is subject to the Paperwork 1111 Constitution Ave. NW, IR-6526 Reduction Act unless the form displays a valid OMB Washington, DC 20224 control number. Books or records relating to a form or its instructions must be retained as long as their contents Do not send the tax form to this address. Instead, see may become material in the administration of any Internal Where To File, earlier. Revenue law. Generally, tax returns and return information are confidential, as required by section 6103. Instructions for Form 1120-PC (2023) 27 |
Page 28 of 28 Fileid: … ns/i1120pc/2023/a/xml/cycle07/source 13:27 - 29-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Index Estimated tax: Pension, profit-sharing, etc. plans 15 A Payments 4 Period covered 6 Accounting methods 5 Penalty 5 10, Personal holding company tax 9 Accounting methods, change in 5 Extension of time to file 3 Private delivery services 3 Accounting period (tax year) 6 Address change 8 F R Adjustments to shareholders' Final return 8 Recordkeeping 6 equity 26 Foreign corporations 9 Related party transactions 12 Affiliated group 23 Foreign person 24 Amended return 8 Foreign tax credit 9 S Amortization 12 Form 3800 10 Schedule: Assembling the return 4 Forms and publications, how to get 2 A 10 B, Part I 18 B G B, Part II 18 Backup withholding 10 General business credit 9 C 19 Base erosion minimum tax 9 Golden parachute payments 12 E 21 Blue Cross or Blue Shield 21 24, F 22 Business start-up expenses 12 I G 23 Insurance liabilities 26 H 23 C Interest due on late payment of tax 5 I 23 CAMT 9 L 26 Charitable contributions 15 L M-1 26 M-3 7 Consolidated return 7 Limitation on dividends-received Corporate alternative minimum tax 9 deduction 21 Section 953 election 8 Limitations on deductions 12 D Lobbying expenses 17 T Deductions 12 Tax and payments 8 Definitions 19 M Tax issues, unresolved 2 100% dividend 19 Medical loss ratio 5 21 23 24, , , Tax rate 8 Applicable interest rate 21 Medical loss ratio (MLR) 21 Tax-exempt securities 26 Applicable statutory premium Minimum tax: Travel, meals, and entertainment 16 recognition pattern 21 Prior year, credit for 9 Prorated amounts 19 U Undiscounted unearned premiums 21 N Uncertain tax positions 24 Depository methods of tax payment 4 NAIC annual statement 4 Disclosure statement 6 Name change 8 W Net operating loss 17 When to file, extension 3 E Where to file 3 O Who must file: Elective payment election 10 Exceptions 2 Electronic deposit of tax refund of $1 Other deductions 16 million or more 10 Owner's country 24 Life insurance companies 2 Electronic federal tax payment Who must sign 3 system (EFTPS) 4 P Worksheet for Schedule C 21 Electronic filing 2 Paid preparer authorization 3 Employer identification number Penalties 5 10, (EIN) 8 28 |