Userid: CPM Schema: Leadpct: 100% Pt. size: 10 Draft Ok to Print instrx AH XSL/XML Fileid: … ns/i1120pc/2022/a/xml/cycle05/source (Init. & Date) _______ Page 1 of 27 14:21 - 9-Feb-2023 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 2022 Instructions for Form 1120-PC U.S. Property and Casualty Insurance Company Income Tax Return Section references are to the Internal Future Developments See the instructions for Schedule A, Revenue Code unless otherwise noted. Line 13, Other income, later. For the latest information about Contents Page developments related to Form Alternative minimum tax. For tax What's New . . . . . . . . . . . . . . . . . . 1 1120-PC and its instructions, such as years beginning after December 31, Photographs of Missing Children . . . . 1 legislation enacted after they were 2022, the Inflation Reduction Act of The Taxpayer Advocate Service . . . . . 1 published, go to IRS.gov/ 2022 (the IRA) imposes a corporate How To Get Forms and Form1120PC. alternative minimum tax (AMT). Publications . . . . . . . . . . . . . . . 2 Applicable corporations (within the General Instructions . . . . . . . . . . . . . 2 What's New meaning of section 59(k)) may be Purpose of Form . . . . . . . . . . . . 2 required to pay this AMT. Short-period Who Must File . . . . . . . . . . . . . 2 Increase in penalty for failure to Where To File . . . . . . . . . . . . . . 2 file. For returns due in 2023, the filers with a tax year beginning after Electronic Filing . . . . . . . . . . . . 2 minimum penalty for failure to file a tax December 31, 2022, and ending When To File . . . . . . . . . . . . . . 2 return that is more than 60 days late before December 31, 2023, see Who Must Sign . . . . . . . . . . . . . 3 has increased to the smaller of the tax section 55 and the instructions for Paid Preparer Authorization . . . . . 3 due or $450. See Late filing of return, Line 12, Other taxes, later. Statements . . . . . . . . . . . . . . . 3 later. Photographs of Assembling the Return . . . . . . . . 3 Form 1120-W now historical. Form Missing Children Tax Payments . . . . . . . . . . . . . 4 1120-W, Estimated Tax for Estimated Tax Payments . . . . . . 4 The Internal Revenue Service is a Corporations, and the Instructions for Interest and Penalties . . . . . . . . . 4 proud partner with the National Center Form 1120-W are now historical. The Accounting Methods . . . . . . . . . 5 for Missing & Exploited Children® 2022 Form 1120-W (released in 2021) Accounting Period . . . . . . . . . . . 5 (NCMEC). Photographs of missing and the 2022 Instructions for Form Rounding Off to Whole children selected by the Center may Dollars . . . . . . . . . . . . . . . . 5 1120-W (released in 2021) will be the appear in instructions on pages that Recordkeeping . . . . . . . . . . . . . 5 last revisions of the form and its would otherwise be blank. You can Other Forms and instructions. Prior versions will be help bring these children home by Statements That May Be available on IRS.gov. Required . . . . . . . . . . . . . . . 5 looking at the photographs and calling Specific Instructions . . . . . . . . . . . . . 6 COVID-19 related credit for quali- 1-800-THE-LOST (1-800-843-5678) if Period Covered . . . . . . . . . . . . 6 fied sick and family leave. you recognize a child. Name and Address . . . . . . . . . . 6 Generally, the credit for qualified sick Identifying Information . . . . . . . . 6 and family leave wages, as enacted The Taxpayer Advocate Employer Identification under the Families First Coronavirus Service Number (EIN) . . . . . . . . . . . . 7 Response Act (FFCRA) and amended The Taxpayer Advocate Service Section 953 Elections . . . . . . . . . 7 and extended by the COVID-related (TAS) is an independent Final Return, Name Change, Tax Relief Act of 2020, and the credit organization within the IRS that helps Address Change, or for qualified sick and family leave taxpayers and protects taxpayer Amended Return . . . . . . . . . . 8 wages, as enacted under the rights. TAS's job is to ensure that Taxable Income . . . . . . . . . . . . 8 American Rescue Plan Act of 2021 every taxpayer is treated fairly and Tax Computation and (the ARP), have expired. However, Payments . . . . . . . . . . . . . . 8 knows and understands their rights Schedule A . . . . . . . . . . . . . . 10 employers that paid qualified sick and under the Taxpayer Bill of Rights. Schedule B, Part I . . . . . . . . . . 17 family leave wages in 2022 for leave Schedule B, Part II . . . . . . . . . . 18 taken after March 31, 2020, and As a taxpayer, the corporation has Schedule C . . . . . . . . . . . . . . 18 before October 1, 2021, may be rights that the IRS must abide by in its Schedule E . . . . . . . . . . . . . . 20 eligible to claim a credit for qualified dealings with the corporation. TAS Schedule F . . . . . . . . . . . . . . 21 sick and family leave wages in 2022. can help the corporation if: Schedule G . . . . . . . . . . . . . . 22 See the March 2022 revision of the • A problem is causing financial Schedule H . . . . . . . . . . . . . . 22 Instructions for Form 941 and the difficulty for the business; Schedule I . . . . . . . . . . . . . . . 22 2022 Instructions for Form 944 for • The business is facing an Schedule L . . . . . . . . . . . . . . 25 more information. There is no double immediate threat of adverse action; Schedule M-1 . . . . . . . . . . . . . 25 tax benefit allowed and the amounts and Index . . . . . . . . . . . . . . . . . . . . . 27 claimed are reportable as income. • The corporation has tried repeatedly to contact the IRS but no Feb 9, 2023 Cat. No. 64537I |
Page 2 of 27 Fileid: … ns/i1120pc/2022/a/xml/cycle05/source 14:21 - 9-Feb-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. one has responded, or the IRS hasn't responded by the date promised. Where To File The TAS tax toolkit at File the corporation's return at the applicable IRS address listed below. TaxpayerAdvocate.IRS.gov can help the corporation understand these If the corporation's principal business, office, rights. or agency is located in: Use the following address: TAS has offices in every state, the Department of the Treasury District of Columbia, and Puerto Rico. The United States Internal Revenue Service Ogden, UT 84201-0012 Local advocates' numbers are in their local directories and at Internal Revenue Service TaxpayerAdvocate.IRS.gov/Contact- A foreign country or U.S. possession P.O. Box 409101 Us. The corporation can also call TAS Ogden, UT 84409 at 877-777-4778. TAS also works to resolve Who Must File insurance company that makes an large-scale or systemic problems that Every domestic nonlife insurance election under section 953(d) (for affect many taxpayers. If the company and every foreign information on these elections, see corporation knows of one of these corporation that would qualify as a the instructions for item D). If a foreign broad issues, please report it to TAS nonlife insurance company subject to insurance company electing under through the Systemic Advocacy taxation under section 831, if it were a section 953(c)(3)(C) wholly owns a Management System at IRS.gov/ U.S. corporation, must file Form domestic DE, the DE is required to file SAMS. 1120-PC. This includes organizations Form 5472, Information Return of a described in section 501(m)(1) that 25% Foreign-Owned U.S. Corporation For more information, go to or a Foreign Corporation Engaged in a provide commercial-type insurance IRS.gov/Advocate. U.S. Trade or Business. For additional and organizations described in section 833. information and coordination with How To Get Forms Form 5472 filing by the domestic DE, and Publications Exceptions. A nonlife insurance see the Instructions for Form 5472. company that is: Internet. You can access the IRS • Exempt under section 501(c)(15) Electronic Filing website 24 hours a day, 7 days a should file Form 990, Return of Go to IRS.gov/Filing for the latest week, at IRS.gov to: Organization Exempt From Income information. Also, go to IRS.gov/MeF • Download forms, instructions, and Tax; and click on the link for “Modernized publications; • Subject to taxation under section e-File Forms” for information on which • Order IRS products online; 831, and disposes of its insurance forms the corporation can or must • Research your tax questions online; business and reserves, or otherwise e-file. • Search publications online by topic ceases to be taxed under section 831, or keyword; but continues its corporate existence When To File • View Internal Revenue Bulletins while winding up and liquidating its Generally, a corporation must file its (IRBs) published in recent years; and affairs, should file Form 1120, U.S. income tax return by the 15th day of • Sign up to receive local and Corporation Income Tax Return. national tax news by email. the 4th month after the end of its tax Life insurance companies. Life year. A new corporation filing a Tax forms and publications. The insurance companies should file Form short-period return must generally file corporation can view, print, or 1120-L, U.S. Life Insurance Company by the 15th day of the 4th month after download all of the forms and Income Tax Return. the short period ends. A corporation publications it may need on IRS.gov/ that has dissolved must generally file FormsPubs. Otherwise, the Foreign-owned domestic disregar- corporation can go to IRS.gov/ ded entities. If a foreign person, by the 15th day of the 4th month after OrderForms to place an order and including a foreign corporation, wholly the date it dissolved. have forms mailed to it. The IRS will owns a domestic disregarded entity However, a corporation with a fiscal process your order for forms and (DE), the domestic DE is treated as a tax year ending June 30 must file by publications as soon as possible. domestic corporation separate from the 15th day of the 3rd month after the its owner (the foreign corporation) for end of its tax year. A corporation with purposes of the reporting a short tax year ending any time in General Instructions requirements under section 6038A June will be treated as if the short year that apply to 25% foreign-owned ended on June 30, and must file by Purpose of Form domestic corporations. These rules the 15th day of the 3rd month after the Use Form 1120-PC, to report the apply to a domestic DE owned by a end of its tax year. income, gains, losses, deductions, foreign insurance company that and credits, and to figure the income makes an election under section If the due date falls on a Saturday, tax liability of insurance companies, 953(c)(3)(C) but do not apply to a Sunday, or legal holiday, the other than life insurance companies. domestic DE owned by a foreign corporation can file on the next business day. -2- Instructions for Form 1120-PC (2022) |
Page 3 of 27 Fileid: … ns/i1120pc/2022/a/xml/cycle05/source 14:21 - 9-Feb-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Private Delivery Services • Include their Preparer Tax 831 that is not required to file an Corporations can use certain private Identification Number (PTIN); and annual statement must file a copy of delivery services (PDSs) designated • Give a copy of the return to the the pro forma annual statement. A by the IRS to meet the “timely mailing taxpayer. penalty for the late filing of a return as timely filing” rule for tax returns. Go may be imposed for not including the Note. A paid preparer may sign to IRS.gov/PDS for the current list of annual statement when the return is original or amended returns by rubber designated services. filed. However, see Electronic filing, stamp, mechanical device, or next. The PDS can tell you how to get computer software program. written proof of the mailing date. Electronic filing. If the domestic For the IRS mailing address to use Paid Preparer or foreign nonlife insurance company files Form 1120-PC electronically, do if you are using a PDS, go to IRS.gov/ Authorization not attach the annual statement or pro PDSstreetAddresses. If the corporation wants to allow the forma annual statement to the Private delivery services IRS to discuss its 2022 tax return with electronically filed return. However, the paid preparer who signed it, check you must provide a copy of the annual CAUTION boxes. You must use the U.S. ! cannot deliver items to P.O. the “Yes” box in the signature area of statement or pro forma annual Postal Service to mail any item to an the return. This authorization applies statement to the IRS if requested and IRS P.O. box address. only to the individual whose signature retain it with your other tax records for appears in the “Paid Preparer Use the period required by the regulations. Extension of Time To File Only” section of the return. It does not apply to the firm, if any, shown in that Reconciliation. Corporations that File Form 7004, Application for do not file a Schedule M-3 (Form section. Automatic Extension of Time To File 1120-PC), Net Income (Loss) Certain Business Income Tax, If the “Yes” box is checked, the Reconciliation for U.S. Property and Information, and Other Returns, to corporation is authorizing the IRS to Casualty Insurance Companies With request an extension of time to file. call the paid preparer to answer any Total Assets of $10 Million or More, Generally, the corporation must file questions that may arise during the with Form 1120-PC must attach a Form 7004 by the regular due date of processing of its return. The statement that reconciles the NAIC the return. See the Instructions for corporation is also authorizing the annual statement to Form 1120-PC. Form 7004. paid preparer to: • Give the IRS any information that is Who Must Sign missing from the return; Assembling the Return The return must be signed and dated • Call the IRS for information about To ensure that the corporation's tax by: the processing of the return or the return is correctly processed, attach • The president, vice president, status of any related refund or all schedules and other forms after treasurer, assistant treasurer, chief payment(s); and page 9 of Form 1120-PC in the accounting officer; or • Respond to certain IRS notices following order. • Any other corporate officer (such as about math errors, offsets, and return 1. Schedule N (Form 1120). a tax officer) authorized to sign. preparation. 2. Form 4136. If a return is filed on behalf of a The corporation is not authorizing 3. Form 8978. corporation by a receiver, trustee, or the paid preparer to receive any 4. Form 965-B. assignee, the fiduciary must sign the refund check, bind the corporation to return instead of the corporate officer. anything (including any additional tax 5. Form 8941. Returns and forms signed by a liability), or otherwise represent the 6. Form 3800. receiver or trustee in bankruptcy on corporation before the IRS. 7. Additional schedules in behalf of a corporation must be The authorization will automatically alphabetical order. accompanied by a copy of the order end no later than the due date 8. Additional forms in numerical or instructions of the court authorizing (excluding extensions) for filing the order. signing of the return or form. corporation's 2023 tax return. If the 9. Supporting statements and Paid Preparer Use Only section. If corporation wants to expand the paid attachments. an employee of the corporation preparer's authorization or revoke the completes Form 1120-PC, the paid authorization before it ends, see Pub. Complete every applicable entry preparer space should remain blank. 947, Practice Before the IRS and space on Form 1120-PC. Do not enter Anyone who prepares Form 1120-PC Power of Attorney. “See Attached” or “Available Upon but does not charge the corporation Request” instead of completing the should not complete that section. Statements entry spaces. If more space is needed on the forms or schedules, attach Generally, anyone who is paid to NAIC annual statement. separate sheets using the same size prepare the return must sign it and Regulations section 1.6012-2(c) and format as the printed forms. If complete the section. requires that the National Association there are supporting statements and The paid preparer must complete of Insurance Commissioners (NAIC) attachments, arrange them in the the required preparer information and: annual statement be filed with Form same order as the schedules or forms • Sign the return in the space 1120-PC. A foreign insurance they support and attach them last. provided for the preparer's signature, company subject to tax under section Instructions for Form 1120-PC (2022) -3- |
Page 4 of 27 Fileid: … ns/i1120pc/2022/a/xml/cycle05/source 14:21 - 9-Feb-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Show the totals on the printed forms. p.m. Eastern time the day before the • Its tax liability for the current year, Enter the corporation's name and date a deposit is due, it can still make or employer identification number (EIN) the deposit on time by using the • Its prior year tax. on each supporting statement or Federal Tax Collection Service See section 6655 for details and attachment. (FTCS). Before using the same-day exceptions, including special rules for wire payment method, the corporation large corporations. Tax Payments will need to make arrangements with Use Form 2220, Underpayment of Generally, the corporation must pay its financial institution ahead of time Estimated Tax by Corporations, to any tax due in full no later than the regarding availability, deadlines, and see if the corporation owes a penalty due date for filing its tax return (not costs. Financial institutions may and to figure the amount of the including extensions). See the charge a fee for payments made this penalty. If Form 2220 is completed, instructions for line 17. If the due date way. To learn more about making a enter the penalty on line 16. See the falls on a Saturday, Sunday, or legal same-day wire payment, go to instructions for line 16. holiday, the payment is due on the IRS.gov/SameDayWire. next day that isn't a Saturday, Foreign insurance companies, Sunday, or legal holiday. Estimated Tax Payments ! see Notice 90-13, 1990-1 Generally, the following rules apply to CAUTION C.B. 321, before computing Electronic Deposit the corporation's payments of estimated tax. Requirement estimated tax. Corporations must use electronic • The corporation must make Interest and Penalties funds transfer to make all federal tax installment payments of estimated tax deposits (such as deposits of if it expects its total tax for the year If the corporation receives a employment, excise, and corporate (less applicable credits) to be $500 or ! notice about penalties after it income tax). Generally, electronic more. CAUTION files its return, send the IRS funds transfers are made using the • The installments are due by the an explanation and we will determine Electronic Federal Tax Payment 15th day of the 4th, 6th, 9th, and 12th if the corporation meets the criteria for System (EFTPS). months of the tax year. If any date the reasonable-cause exception to the If the corporation does not want to falls on a Saturday, Sunday, or legal penalties. Do not attach an use EFTPS, it can arrange for its tax holiday, the installment is due on the explanation when the corporation's professional, financial institution, next regular business day. return is filed. payroll service, or other trusted third • The corporation must use electronic party to make deposits on its behalf. funds transfer to make installment Interest. Interest is charged on taxes Also, it can arrange for its financial payments of estimated tax. paid late even if an extension of time institution to submit a same-day • If, after the corporation figures and to file is granted. Interest is also payment (discussed later) on its deposits estimated tax, it finds that its charged on penalties imposed for behalf. EFTPS is a free service tax liability for the year will be more or failure to file, negligence, fraud, provided by the Department of the less than originally estimated, it may substantial valuation misstatements, Treasury. Services provided by a tax have to refigure its required substantial understatements of tax, professional, financial institution, installments. If earlier installments and reportable transaction payroll service, or other third party were underpaid, the corporation may understatements from the due date may have a fee. owe a penalty. See Estimated tax (including extensions) to the date of penalty below. payment. The interest charge is To get more information about • If the corporation overpaid figured at a rate determined under EFTPS or to enroll in EFTPS, go to estimated tax, it may be able to get a section 6621. EFTPS.gov or call 800-555-4477. To quick refund by filing Form 4466, Late filing of return. A corporation contact EFTPS using Corporation Application for Quick that does not file its tax return by the Telecommunications Relay Services Refund of Overpayment of Estimated due date, including extensions, may (TRS) for people who are deaf, hard Tax. See the instructions for Form be penalized 5% of the unpaid tax for of hearing, or have a speech 1120-PC, lines 15c and 15e, later. each month or part of a month the disability, dial 711 and provide the return is late, up to a maximum of 25% TRS assistant the 800-555-4477 See section 6655 for more number above or 800-733-4829. information on estimated taxes. of the unpaid tax. The minimum penalty for a return that is over 60 Depositing on time. To make Estimated tax penalty. A days late is the smaller of the tax due EFTPS deposits on time, the corporation that does not make or $450 (adjusted for inflation). The corporation must submit the estimated tax payments when due penalty will not be imposed if the transaction by 8 p.m. Eastern time the may be subject to an underpayment corporation can show that the failure day before the date the deposit is due. penalty for the period of to file on time was due to reasonable If the corporation uses a third party to underpayment. Generally, a cause. See Caution, earlier. make deposits on its behalf, they may corporation is subject to the penalty if have different cutoff times. its tax liability is $500 or more and it Late payment of tax. A corporation did not timely pay at least the smaller that does not pay the tax when due Same-day wire payment option. If of: may generally be penalized / of 1% 1 2 the corporation fails to submit a of the unpaid tax for each month or deposit transaction on EFTPS by 8 part of a month the tax is not paid, up -4- Instructions for Form 1120-PC (2022) |
Page 5 of 27 Fileid: … ns/i1120pc/2022/a/xml/cycle05/source 14:21 - 9-Feb-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. to a maximum of 25% of the unpaid the method used must clearly show company is the calendar year. tax. See Caution, earlier. taxable income. However, if an insurance company joins in the filing of a consolidated Trust fund recovery penalty. This Change in accounting method. return, it may adopt the tax year of the penalty may apply if certain excise, Generally, the corporation must get common parent corporation even if income, social security, and Medicare IRS consent to change either an that year is not a calendar year. taxes that must be collected or overall method of accounting or the withheld are not collected or withheld, accounting treatment of any material or these taxes are not paid. These item for income tax purposes. To Rounding Off to Whole taxes are generally reported on: obtain consent, the corporation must Dollars • Form 720, Quarterly Federal Excise generally file Form 3115, Application The corporation may enter decimal Tax Return; for Change in Accounting Method, points and cents when completing its • Form 941, Employer's during the tax year for which the tax return. However, the corporation QUARTERLY Federal Tax Return; change was requested. See the should round off cents to whole • Form 944, Employer's ANNUAL Instructions for Form 3115 and Pub. dollars on its return, forms, and Federal Tax Return; or 538, Accounting Periods and schedules to make completing its • Form 945, Annual Return of Methods, for more information and return easier. The corporation must Withheld Federal Income Tax. exceptions, including filing exceptions either round off all amounts on its The trust fund recovery penalty for qualified small business taxpayers. return to whole dollars, or use cents may be imposed on all persons who Also see the Instructions for Form for all amounts. To round, drop are determined by the IRS to be 3115 for procedures that may apply amounts under 50 cents and increase responsible for collecting, accounting for obtaining automatic consent to amounts from 50 to 99 cents to the for, or paying over these taxes, and change certain methods of next dollar. For example, $8.40 who acted willfully in not doing so. accounting, non-automatic change rounds to $8 and $8.50 rounds to $9. The penalty is equal to the full amount procedures, and reduced Form 3115 If two or more amounts must be of the unpaid trust fund tax. See the filing requirements. added to figure the amount to enter on Instructions for Form 720 or Pub. 15 Safe harbor method of accounting a line, include cents when adding the (Circular E), Employer's Tax Guide, for premium acquisition expenses. amounts and round off only the total. for details, including the definition of Insurance companies subject to tax responsible persons. under section 831 are provided with a Recordkeeping safe harbor method of accounting for Keep the corporation's records for as Note. The trust fund recovery penalty premium acquisition expenses. Form long as they may be needed for the will not apply to any amount of trust 3115 must be filed in order to change administration of any provision of the fund taxes an employer holds back in to the safe harbor method. For more Internal Revenue Code. Usually, anticipation of the credit for qualified information, see the Instructions for records that support an item of sick and family leave wages or the Form 3115. income, deduction, or credit on the employee retention credit that they are entitled to. See Pub. 15 for more Certain changes in method of ac- return must be kept for 3 years from information. counting for organizations to the date the return is due or filed, which section 833 applies. Blue whichever is later. Keep records that Other penalties. Other penalties can Cross or Blue Shield organizations verify the corporation's basis in be imposed for negligence, under section 833(c)(2), or property for as long as they are substantial understatement of tax, organizations described in section needed to figure the basis of the reportable transaction 833(c)(3), can obtain automatic original or replacement property. understatements, and fraud. See consent to change the method of The corporation should keep sections 6662, 6662A, and 6663. accounting for unearned premiums copies of all filed returns. They help in resulting from either a failure to meet preparing future and amended returns Accounting Methods the medical loss ratio (MLR) and in the calculation of earnings and Figure taxable income using the requirements of section 833(c)(5), or profits. method of accounting regularly used meeting the MLR requirements after in keeping the corporation's books failing to do so in a prior year. Form Other Forms and and records. In all cases, the method 3115 must be filed in order to make Statements That May Be used must clearly show taxable this change in accounting method. income. Permissible methods include See the Instructions for Form 3115. Required cash, accrual, or any other method Reportable transaction disclosure authorized by the Internal Revenue Accounting Period statement. Participants in any Code. An insurance company must figure its reportable transaction must file Form The gross amounts of underwriting taxable income on the basis of a tax 8886, Reportable Transaction and investment income should be year. A tax year is the annual Disclosure Statement. See the computed on the basis of the accounting period an insurance Instructions for Form 8886. Statement of Income of the NAIC company uses to keep its records and Reportable transactions by materi- annual statement to the extent not report its income and expenses. al advisors. Material advisors to any inconsistent with the Internal Revenue As a general rule under section reportable transaction must file Form Code and its regulations. In all cases, 843, the tax year for every insurance 8918, Material Advisor Disclosure Instructions for Form 1120-PC (2022) -5- |
Page 6 of 27 Fileid: … ns/i1120pc/2022/a/xml/cycle05/source 14:21 - 9-Feb-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Statement. See the Instructions for section 362(e)(2), the transferor and practice for entering the name of the Form 8918. the transferee corporation may elect, state or province and postal code. under section 362(e)(2)(C), to reduce Transfers to a corporation control- If the corporation receives its mail the transferor's basis in the stock led by the transferor. Every in care of a third party (such as an received instead of reducing the significant transferor (as defined in accountant or an attorney), enter on transferee corporation's basis in the Regulations section 1.351-3(d)(1)) the street address line “C/O” followed property transferred. Once made, the that receives stock of a corporation in by the third party's name and street election is irrevocable. For more exchange for property in a address or P.O. box. information, see section 362(e)(2) and nonrecognition event must include the Regulations section 1.362-4. If an statement required by Regulations Item A. Identifying election is made, a statement must be section 1.351-3(a) on or with the Information filed in accordance with Regulations transferor's tax return for the tax year section 1.362-4(d)(3). of the exchange. The transferee Consolidated Return corporation must include the Other forms and statements. See If an affiliated group of corporations statement required by Regulations Pub. 542, Corporations, for a list of includes one or more domestic life section 1.351-3(b) on or with its return other forms and statements a insurance companies taxed under for the tax year of the exchange, corporation may need to file in section 801, the common parent may unless all the required information is addition to the forms and statements elect to treat those companies as included in any statement(s) provided discussed throughout these includible corporations. The life by a significant transferor that is instructions. insurance companies must have been attached to the same return for the members of the group for the 5 tax same section 351 exchange. If the years immediately preceding the tax transferor or transferee corporation is Specific Instructions year for which the election is made. a controlled foreign corporation See section 1504(c)(2) and (CFC), each U.S. shareholder (within Period Covered Regulations section 1.1502-47(b)(12). the meaning of section 951(b)) must Generally, file the 2022 return for include the required statement on or calendar year 2022. However, if an Corporations filing a consolidated with its return. insurance company joins in the filing return must check Item A, box 1, and of a consolidated return, it may adopt attach Form 851, Affiliations Distributions under section 355. the tax year of the common parent Schedule, and other supporting Every corporation that makes a corporation even if that year is not a statements to the return. Also, for the distribution of stock or securities of a calendar year. For a fiscal or short tax first year a subsidiary corporation is controlled corporation, as described year return, fill in the tax year space at being included in a consolidated in section 355 (or so much of section the top of the form. return, attach Form 1122, 356 as it relates to section 355), must Authorization and Consent of Subsidiary Corporation To Be include the statement required by Name and Address Included in a Consolidated Income Regulations section 1.355-5(a) on or Enter the corporation's true name (as Tax Return, to the parent's with its return for the year of the set forth in the charter or other legal consolidated return. Attach a separate distribution. A significant distributee document creating it), address, and Form 1122 for each new subsidiary (as defined in Regulations section EIN on the appropriate lines. Enter the being included in the consolidated 1.355-5(c)) that receives stock or address of the corporation's principal return. securities of a controlled corporation office or place of business. Include must include the statement required the suite, room, or other unit number File supporting statements for each by Regulations section 1.355-5(b) on after the street address. If the post corporation included in the or with its return for the year of receipt. office does not deliver mail to the consolidated return. Do not use Form If the distributing or distributee street address and the corporation 1120-PC as a substitute for the corporation is a CFC, each U.S. has a P.O. box, show the box number supporting statement. On the shareholder (within the meaning of instead. supporting statement, use columns to section 951(b)) must include the show the following, both before and statement on or with its return. Note. Do not use the address of the after adjustments. Dual-consolidated losses. If a registered agent for the state in which 1. Items of gross income and domestic corporation incurs a the corporation is incorporated. For deductions. dual-consolidated loss (as defined in example, if a business is incorporated 2. A computation of taxable Regulations section 1.1503(d)-1(b) in Delaware or Nevada and the income. (5)), the corporation (or consolidated corporation's principal office is located group) may need to attach a domestic in Little Rock, Arkansas, the 3. Balance sheets as of the use agreement and/or an annual corporation should enter the Little beginning and end of the tax year. certification, as provided in Rock address. 4. A reconciliation of income per Regulations sections 1.1503(d)-6(d) If the corporation has a foreign books with income per return. and (g). address, include the city or town, 5. A reconciliation of retained state or province, country, and foreign earnings. Election to reduce basis under postal code. Do not abbreviate the section 362(e)(2)(C). If property is Enter on Form 1120-PC the totals country name. Follow the country's transferred to a corporation subject to for each item of income, gain, loss, -6- Instructions for Form 1120-PC (2022) |
Page 7 of 27 Fileid: … ns/i1120pc/2022/a/xml/cycle05/source 14:21 - 9-Feb-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. expense, or deduction, net of return), for all life members of the subsidiaries should enter “Applied eliminating entries for intercompany consolidated group. For” in the space for the EIN on their transactions between corporations returns. The subsidiaries' returns are within the consolidated group. Attach Schedule M-3 (Form 1120-PC) identified under the parent consolidated balance sheets and a A nonlife insurance company with corporation's EIN. reconciliation of consolidated retained total assets (nonconsolidated or earnings. consolidated for all companies For more information, see the included within a tax consolidation Instructions for Form SS-4. For more information on group) of $10 million or more on the consolidated returns, see the last day of the tax year must file Item D. Section 831(b) and regulations under section 1502. Schedule M-3 (Form 1120-PC) Section 953 Elections instead of Schedule M-1. A Section 831(b) election. Check the Note. If a nonlife insurance company corporation filing Form 1120-PC that 831(b) box if the insurance company is a member of an affiliated group, file is not required to file Schedule M-3 elects to be taxed on taxable Form 1120-PC as an attachment to may voluntarily file Schedule M-3 investment income in lieu of the tax the consolidated return in addition to instead of Schedule M-1. the supporting statements discussed otherwise applicable under section earlier. Across the top of page 1 of If you are filing Schedule M-3 831(a). Section 831(b) applies to a Form 1120-PC, enter “Supporting (Form 1120-PC), check Item A, box 3, small company, as defined under Statement to Consolidated Return.” at the top of page 1 of Form 1120-PC. section 831(b)(2)(A), if such company See the Instructions for Schedule M-3 meets the diversification requirements Life-Nonlife Consolidated (Form 1120-PC) for more details. of section 831(b)(2)(B) and such Return corporation elects the application of Note. If you do not file Schedule M-3 If the corporation is the common section 831(b) for such tax year under (Form 1120-PC) with Form 1120-PC, parent of a life-nonlife consolidated section 831(b)(2)(A)(iii). See the see Reconciliation under Statements, group, check Item A, boxes 1 and 2. instructions for Schedule I, Question earlier. 14, later. See Regulations section Filing requirements. The common 301.9100-8(a) for the rules regarding parent of a life-nonlife consolidated Item B. Employer the timing and manner of making the group is required to do the following. Identification Number election under section 831(b)(2)(A) • File the applicable consolidated (iii). corporate income tax return as one of (EIN) the following: a Form 1120-L, where Enter the corporation's EIN. If the Note. The election under section the common parent is a life insurance corporation does not have an EIN, it 831(b)(2)(A)(iii) applies to the tax year company; a Form 1120-PC, where the must apply for one. An EIN can be for which made and for all subsequent common parent is an insurance applied for in any of the following tax years for which a corporation is a company, other than a life insurance ways. small company, as defined under company; or a Form 1120, where the • Online—Go to section 831(b)(2)(A), and such common parent is any other type of IRS.gov/EIN. The EIN is issued corporation meets the diversification corporation. immediately once the application requirements of section 831(b)(2)(B). • Indicate clearly on the face of the information is validated. Once made, an election under section return that the corporate tax return is a • By faxing or mailing Form SS-4, 831(b)(2)(A)(iii) may only be revoked life-nonlife return. This requirement is Application for Employer Identification with the consent of the Secretary. satisfied by checking Item A, boxes 1 Number. Section 953 elections. Check the and 2. Corporations located in the applicable box if the corporation is a • Show any setoffs required by ! United States or U.S. foreign corporation and elects under: paragraphs (e), (h), and (j) of CAUTION possessions can use the 1. Section 953(c)(3)(C) to treat its Regulations section 1.1502-47. online application. Foreign related person insurance income as • Report separately the nonlife corporations may call 267-941-1099 effectively connected with the conduct consolidated taxable income or loss, (not a toll-free number) for more of a trade or business in the United determined under Regulations section information on obtaining an EIN. See States, or 1.1502-47(f), on a Form 1120 or the Instructions for Form SS-4. 1120-PC (whether filed by the 2. Section 953(d) to be treated as common parent or as an attachment EIN applied for, but not received. If a domestic corporation. to the consolidated return), for all the corporation has not received its Generally, a foreign corporation nonlife members of the consolidated EIN by the time the return is due, making either section 953 election group. enter “Applied For” and the date the must file its return by sending it to: • Report separately the consolidated corporation applied in the space for life insurance company taxable the EIN. However, if the corporation is Internal Revenue Service Center income (as defined by Regulations filing its return electronically, an EIN is P.O. Box 409101 section 1.1502-47(b)(3)) determined required at the time the return is filed. Ogden, UT 84409 under Regulations section 1.1502-47, An exception applies to subsidiaries on a Form 1120-L (whether filed by of corporations whose returns are See Notice 87-50, 1987-2 C.B. 357; the common parent or as an filed with the parent's electronically and Rev. Proc. 2003-47, 2003-28 attachment to the consolidated filed consolidated Form 1120. These Instructions for Form 1120-PC (2022) -7- |
Page 8 of 27 Fileid: … ns/i1120pc/2022/a/xml/cycle05/source 14:21 - 9-Feb-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. I.R.B. 55, for the procedural rules, Tax Computation and increase in taxable income of a election statement formats, and filing reciprocal as a result of this limitation Payments addresses for making the respective is taxed at the highest rate of tax elections under section 953(c)(3)(C) Line 3. Member of a control group. specified in section 11(b). or section 953(d). If the corporation is a member of a Make no entry on line 5 if the controlled group, check the box on mutual insurance company's taxable Note. Once either election is made, it line 3. Complete and attach income before including the section will apply to the tax year for which Schedule O (Form 1120), Consent 835(b) amount is $100,000 or more. made and all subsequent tax years Plan and Apportionment Schedule for Otherwise, this tax is 21% of the unless revoked with the consent of the a Controlled Group. Component section 835(b) amount. If an entry is IRS. Also, any loss of a foreign members of a controlled group must made on line 5, attach a statement corporation electing to be treated as a use Schedule O (Form 1120) to report showing how the tax was computed. domestic insurance company under the apportionment of certain tax section 953(d) will be treated as a benefits between the members of the Reciprocal underwriters making the dual-consolidated loss and may not group. See Schedule O (Form 1120) section 835(a) election are allowed a be used to reduce the taxable income and the Instructions for Schedule O credit on line 15h for the amount of tax of any other member of the affiliated (Form 1120) for more information. paid by the attorney-in-fact that is group for this tax year or any other tax related to the income received by the year. Line 4. Income tax. Corporations attorney-in-fact from the reciprocal in figure their tax by multiplying taxable the tax year. Note. If a section 953(d) election is income by 21% (0.21). See section 835 and the related made, include the additional tax Deferred tax under section regulations for special rules and required to be paid on page 1, line 13. 1291. If the corporation was a information regarding the statements On the dotted line to the left of line 13, shareholder in a passive foreign required to be attached to the return. enter “Section 953(d)” and the investment company (PFIC) and Line 6. Base erosion minimum tax amount. Attach a statement showing received an excess distribution or amount. If the corporation had gross the computation. See section 953(d) disposed of its investment in the PFIC receipts of at least $500 million in any for more details. during the year, it must include the 1 of the 3 preceding tax years, see total increase in taxes due under section 59A and the Instructions for Item E. Final Return, Name section 1291(c)(2) from Form 8621 in Form 8991 for further guidance on the Change, Address Change, the amount entered on line 4. On the determination of the amount of base or Amended Return dotted line next to line 4, enter erosion minimum tax. Indicate a final return, name change, “Section 1291” and the amount. Line 8a. Foreign tax credit. To find address change, or amended return Do not include on line 4 any out when a corporation can take the by checking the appropriate box. interest due under section 1291(c)(3). credit for payment of income tax to a Instead, include the amount of interest foreign country or U.S. possession, Note. If a change in address or owed on line 12. see Form 1118, Foreign Tax responsible party occurs after the For more information on reporting Credit—Corporations. return is filed, use Form 8822-B, the deferred tax and interest, see the Change of Address or Responsible Instructions for Form 8621. Line 8b. Credit from Form 8834. Party — Business, to notify the IRS. Enter any qualified electric vehicle See the instructions for Form 8822-B Additional tax under section passive activity credits from prior for details. 197(f). A corporation that elects to years allowed for the current tax year recognize gain and pay tax on the from Form 8834, Qualified Electric Taxable Income sale of a section 197 intangible under Vehicle Credit. Attach Form 8834. the related person exception to the Line 1, Taxable income, and line 2, Line 8c. General business credit. anti-churning rules should include any Taxable investment income. If the Enter on line 8c the allowable credit additional tax due in the total for corporation is a small company as from Form 3800, General Business line 4. On the dotted line next to line 4, defined in section 831(b)(2) and Credit, Part II, line 38. enter “Section 197” and the amount. elects under section 831(b)(2)(A)(iii) The corporation is required to file See section 197(f)(9)(B)(ii). to be taxed on taxable investment Form 3800 to claim most business income, complete Schedule B (ignore Line 5. Enter amount of tax that a credits. For a list of allowable credits, Schedule A) and enter the amount reciprocal must include. A mutual see Form 3800. Also, see the from Schedule B, line 21, on page 1, insurance company that is an applicable credit form and its line 2. Also, complete Schedule I, interinsurer or reciprocal underwriter instructions. Question 14. All other corporations may elect, under section 835, to limit should complete Schedule A (ignore the deduction for amounts paid or Line 8d. Credit for prior year mini- Schedule B) and enter on page 1, incurred to a qualifying mum tax. Enter any allowable credit line 1, the amount from Schedule A, attorney-in-fact to the amount of the from Form 8827, Credit for Prior Year line 37. deductions of the attorney-in-fact Minimum Tax—Corporations. allocable to the income received by Complete and attach Form 8827. the attorney-in-fact from the Line 8e. Bond credits from Form reciprocal. If this election is made, any 8912. Enter the allowable credits -8- Instructions for Form 1120-PC (2022) |
Page 9 of 27 Fileid: … ns/i1120pc/2022/a/xml/cycle05/source 14:21 - 9-Feb-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. from Form 8912, Credit to Holders of Line 11. Personal holding compa- must be recaptured. See Form 8845 Tax Credit Bonds, line 12. ny tax. A corporation (other than a and section 45A. Line 10. Foreign corporations. A corporation described in section • Recapture of new markets credit foreign corporation carrying on an 542(c)) is taxed as a personal holding (see Form 8874, New Markets Credit, insurance business in the United company (PHC) under section 542 if: and Form 8874-B, Notice of States is taxed as a domestic • At least 60% of its adjusted ordinary Recapture Event for New Markets insurance company on its income gross income for the tax year is PHC Credit). effectively connected with the conduct income, and • Recapture of employer-provided of a trade or business in the United • At any time during the last half of childcare facilities and services credit States (see sections 864(c) and 897 the tax year more than 50% in value of (see Form 8882). for a definition). its outstanding stock is directly or • Interest on deferred tax attributable indirectly owned by five or fewer to certain nondealer installment Generally, any other U.S.-source obligations (see section 453A(c)). individuals. income received by the foreign • Interest due on deferred gain (see corporation is taxed at 30% (or at a See Schedule PH (Form 1120), section 1260(b)). lower treaty rate) under section 881. If U.S. Personal Holding Company • Interest due under section 1291(c) the corporation has this income, (PHC) Tax, for definitions and details (3). See Form 8621 and its attach a statement showing the kind on how to figure the tax. instructions. and amount of income, the tax rate, Line 12. Other taxes. Include any of • Alternative tax on qualifying and the amount of tax. Enter the tax the following taxes and interest in the shipping activities (see Form 8902). on line 10. However, see Reduction of total on line 12. Check the appropriate Alternative minimum tax (AMT). section 881 tax, later. box(es) for the form, if any, used to Applicable corporations subject to compute the total. Note. Interest received from certain AMT under section 59(k), if filing a portfolio debt investments that were Recapture of investment credit. return for a short tax year that begins issued after July 18, 1984, is not If the corporation disposed of in 2023 and ends in 2023, include on subject to the tax. See section 881(c). investment credit property or changed line 12 any corporate AMT imposed See section 842 for more its use before the end of its useful life under section 55, as amended by the information. or recovery period, it may owe a tax. Inflation Reduction Act of 2022. See Form 4255, Recapture of Check the “Other” box. On the dotted Minimum effectively connected Investment Credit. line next to line 12, enter “CAMT” and net investment income. See the AMT amount. Attach a detailed section 842(b) and Notice 89-96, Recapture of low-income statement showing the computation of 1989-2 C.B. 417, for the general rules housing credit. If the corporation the AMT. Include a computation of for computing this amount. Also, see disposed of property (or there was a adjusted financial statement income. Rev. Proc. 2022-36, 2022-40 I.R.B. reduction in the qualified basis of the Label the statement “CAMT.” 274, available at IRS.gov/irb/ property) for which it took the 2022-40_IRB#REV-PROC-2022-36, low-income housing credit, and the Line 13. Total tax. Include any for the domestic asset/liability corporation did not follow the deferred tax on the termination of a percentages and domestic investment procedures that would have section 1294 election applicable to yields needed to compute this prevented recapture of the credit, it shareholders in a qualified electing amount. may owe a tax. See Form 8611, fund (QEF) in the amount entered on Recapture of Low-Income Housing line 13. Any additional income required by Credit. section 842(b) must be included in Subtract any deferred tax on the taxable income (for example, Other. Additional taxes and corporation's share of undistributed Schedule A, line 13). interest amounts can be included in earnings of a QEF (see Form 8621). the total entered on line 12. Check the Reduction of section 881 tax. How to report. Attach a statement “Other” box if the corporation includes Additional taxes resulting from the net showing the computation of each item any additional taxes and interest such investment income adjustment may included in, or subtracted from, the as the items discussed below. Attach offset a corporation's section 881 tax total for line 13. On the dotted line a statement showing the computation on U.S.-source income. The tax next to line 13, specify (a) the of each item included in the total for reduction is determined by multiplying applicable Code section, (b) the type line 12 and identify the applicable the section 881 tax by the ratio of the of tax, and (c) the amount of tax. Code section and the type of tax or amount of income adjustment to Line 14. Reserved for future use. interest. income subject to the section 881 tax, • Recapture of Indian employment computed without the exclusion for Line 15b. Reserved for future use. credit. Generally, if an employer interest on state and local bonds or Line 15c. Estimated tax payments. terminates the employment of a income exempted from taxation by Enter any estimated tax payments the qualified employee less than 1 year treaty. See section 842(c)(1). Attach a corporation made for the tax year. after the date of initial employment, statement showing how the reduction any Indian employment credit allowed Line 15d. Reserved for future use. under section 881 was figured. Enter for a prior tax year because of wages the net tax imposed by section 881 on Line 15e. Overpaid estimated tax. paid or incurred to that employee line 10. If the corporation overpaid estimated Instructions for Form 1120-PC (2022) -9- |
Page 10 of 27 Fileid: … ns/i1120pc/2022/a/xml/cycle05/source 14:21 - 9-Feb-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. tax, it may be able to get a quick Line 19. Electronic deposit of tax This exclusion does not apply to refund by filing Form 4466. The refund of $1 million or more. If the any: overpayment must be at least 10% of corporation is due a refund of $1 1. Private activity bond which is the corporation's expected income tax million or more and wants it not a qualified bond, as defined by liability and at least $500. File Form electronically deposited into its section 141; 4466 after the end of the corporation's checking or savings account at any 2. Arbitrage bond, as defined by tax year, and no later than the due U.S. bank or other financial institution section 148; or date for filing the corporation’s tax instead of having a check sent to the 3. Bonds not meeting the return. Form 4466 must be filed corporation, complete Form 8302 and requirements of section 149 before the corporation files its tax attach it to the corporation's tax return. return. See the instructions for Form (regarding the registration of 4466. tax-exempt bonds). Schedule A—Taxable Line 15h. Credit by reciprocal for Lines 3a and 3b, column (b). Am- tax paid by attorney-in-fact under Income ortization of premium. Enter on section 835(d). Enter the amount of Gross income. Under section 832, line 3a, column (b), the total tax paid by an attorney-in-fact as a gross amounts of underwriting and amortization of bond premium, result of income received by the investment income should be including amortization on tax-exempt attorney-in-fact from the reciprocal computed on the basis of the bonds. Enter on line 3b, column (b), during the tax year. For more Statement of Income of the NAIC the amortization of bond premium on information, see section 835 and the annual statement to the extent not tax-exempt bonds only. related regulations, and the inconsistent with the Internal Revenue instructions for line 5, earlier. Code and its regulations. Note. Insurance companies electing to amortize discount for tax purposes Line 15i. Other credits and pay- Income from qualifying shipping must reduce the amortization of ments. Enter the amount of any other activities. Gross income does not premium by any amortization of credits the corporation may take include income from qualifying discount. and/or payments made. Enter an shipping activities if the corporation explanation of the entry to the left of makes an election under section 1354 Line 4. Gross rents. Enter gross the entry space. to be taxed on its notional shipping rents, computed as indicated under Backup withholding. If the income (as defined in section 1353) at Gross income, earlier. Deduct corporation had federal income tax the highest corporate tax rate expenses, such as repairs, interest, withheld from any payments it specified in section 11. If the election taxes, and depreciation, on the proper received because, for example, it is made, the corporation may lines for deductions. failed to give the payer its correct EIN, generally not claim any loss, Line 6. Capital gain net income. include the amount withheld in the deduction, or credit with respect to Every sale or exchange of a capital total for line 15i. Enter the amount qualifying shipping activities. A asset must be reported in detail on withheld and the words “Backup corporation making this election may Schedule D (Form 1120), Capital Withholding” on the dotted line to the also elect to defer gain on the Gains and Losses, even if there is no left of the entry space for line 15i. disposition of a qualifying vessel. gain or loss. Line 15k. Total payments. Add the Use Form 8902, Alternative Tax on Generally, losses from sales or amounts on lines 15f through 15i and Qualifying Shipping Activities, to exchanges of capital assets are only enter the total on line 15k. figure the tax. Include the alternative allowed to the extent of gains. tax on Form 1120-PC, page 1, line 12. However, corporations taxed under Line 16. Estimated tax penalty. section 831 may claim losses from Generally, the corporation does not Note. In computing the amounts for capital assets sold or exchanged to have to file Form 2220 with its income lines 2, 3, and 4, take all interest, get funds to meet abnormal insurance tax return because the IRS will figure dividends, or rents received during the losses and to pay dividends and the amount of any penalty and notify year; add interest, dividends, or rents similar distributions to policyholders. the corporation of any amount due. due and accrued at the end of the tax Do not include those types of losses However, see the Instructions for year; and deduct interest, dividends, here; instead, report them on Form 2220 for circumstances where or rents due and accrued at the end of Schedule G. the corporation must file Form 2220 the preceding tax year. For rules even if it owes no penalty. regarding the accrual of dividends, The net capital loss for these If Form 2220 is attached, check the see Regulations section 1.301-1(b). corporations is the amount by which losses for the year from sales or box on line 16 and enter any penalty Line 3a, column (a). Interest (in- exchanges of capital assets exceed on this line. See Estimated tax cluding tax-exempt interest). Enter the gains from these sales or penalty, earlier. the gross amount of interest income, exchanges plus the smaller of: Line 17. Amount owed. If the including all tax-exempt interest. 1. Taxable income (computed corporation cannot pay the full amount Line 3b, column (a). Interest ex- without gains or losses from sales or of tax owed, it can apply for an empt under section 103. Section exchanges of capital assets); or installment agreement online. Go to 103(a) excludes interest on state or 2. Losses from the sale or IRS.gov/OPA for the latest local bonds from gross income. exchange of capital assets sold or information. -10- Instructions for Form 1120-PC (2022) |
Page 11 of 27 Fileid: … ns/i1120pc/2022/a/xml/cycle05/source 14:21 - 9-Feb-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. exchanged to obtain funds to meet still in effect. Attach a statement amounts recognized are treated as abnormal insurance losses and to showing the computation. derived from sources within the provide for the payment of dividends United States. Line 11. Mutual interinsurers or re- and similar distributions to • Part or all of the proceeds received ciprocal underwriters—decrease policyholders. from certain corporate-owned life in subscriber accounts. Enter the insurance contracts issued after Subject to the limitations in section decrease for the tax year in savings August 17, 2006. Corporations that 1212(a), a net capital loss can be credited to subscriber accounts of a own one or more employer-owned life carried back 3 years and forward 5 mutual insurance company that is an insurance contracts issued after years as a short-term capital loss. interinsurer or a reciprocal August 17, 2006, must file Form 8925, underwriter. Line 8. Certain mutual fire or flood Report of Employer-Owned Life insurance company premiums. A Line 13. Other income. Enter any Insurance Contracts. See Form 8925. mutual fire or flood insurance other taxable income not reported on • One-eighth of any adjustment company whose principal business is lines 1 through 11. List the type and attributable to the application of the the issuance of policies (1) for which amount of income on an attached discount factors published in Rev. the premium deposits are the same statement. If the corporation has only Proc. 2019-06, 2019-02 I.R.B 284, (regardless of the length of the term one item of other income, describe it available at IRS.gov/irb/ the policies are written for), and (2) in parentheses on line 13. Examples 2019-02_IRB#RP-2019-06, to unpaid under which the unabsorbed portion of other income to report on line 13 losses for the tax year preceding the of such premium deposits not include the following. first tax year beginning after required for losses, expenses, or • Any income under P.L. 115-97, December 31, 2017. See P.L. 115-97, establishment of reserves is returned section 13517(c)(3)(B)(ii) (transitional section 13523(e). or credited to the policyholder on relief for change in reserve). • The corporation's share of the cancellation or expiration of the policy, • The amount included in income following income from Form 8621, must include in income an amount from Form 6478, Biofuel Producer Information Return by a Shareholder equal to 2% of the premiums earned Credit. of a Passive Foreign Investment on insurance contracts during the tax • The amount included in income Company or Qualified Electing Fund. year with respect to such policies after from Form 8864, Biodiesel, 1. Ordinary earnings of a QEF. deduction of premium deposits Renewable Diesel, or Sustainable returned or credited during the same Aviation Fuels Credit. 2. Gain or loss from marking PFIC tax year. • Refunds of taxes deducted in prior stock to market. years to the extent they reduced 3. Gain or loss from sale or other Line 9. Income on account of spe- disposition of section 1296 stock. income subject to tax imposed. See cial income and deduction ac- section 111 and the related counts. Corporations which write the 4. Excess distributions from a regulations. Do not offset current year kinds of insurance below must section 1291 fund allocated to the taxes against tax refunds. maintain the following special current year and pre-PFIC years, if • Ordinary income from trade or accounts. A corporation which writes: any. business activities of a partnership See Form 8621 and its instructions 1. Mortgage guaranty insurance from Schedule K-1 (Form 1065). Do for details. must maintain a mortgage guaranty not offset ordinary losses against • The amount of payroll tax credit account, ordinary income. Instead, include the taken by an employer on its 2022 2. Lease guaranty insurance must losses on line 31. Show the employment tax returns (Forms 941, maintain a lease guaranty account, partnership's name, address, and EIN 943, and 944) for qualified paid sick and on a separate statement attached to leave and qualified paid family leave 3. Insurance on obligations the this return. If the amount entered is under the FFCRA and the ARP (both interest on which is excludable from from more than one partnership, the nonrefundable and refundable gross income under section 103 must identify the amount from each portions). The corporation must maintain an account with respect to partnership. include the full amount of the credit for insurance on state and local • The transferred loss amount qualified sick and family leave wages obligations. identified as “Section 91 Transferred in gross income for the tax year that Loss Amount.” This amount is includes the last day of any calendar Amounts required to be subtracted required to be recognized under quarter in which the credit is allowed. from these accounts under sections section 91 resulting from a transfer of 832(e)(5) and 832(e)(6) must be substantially all the assets of a foreign Note. A credit is available only if the reported as income on line 9. See branch (within the meaning of section leave was taken after March 31, 2020, section 832(e) for more information. 367(a)(3)(C), as in effect before its and before October 1, 2021, and only Line 10. Income from protection repeal) to a specified 10%-owned after the qualified leave wages were against loss account. Although foreign corporation (as defined in paid, which might, under certain section 1024 of P.L. 99-514 repealed section 245A(b)) with respect to which circumstances, not occur until a section 824 relating to the protection the corporation was a U.S. quarter after September 30, 2021, against loss (PAL) account, PAL shareholder immediately after the including quarters in 2022. account balances are includible in transfer as other income. Under income as though section 824 were section 91(d), transferred loss Instructions for Form 1120-PC (2022) -11- |
Page 12 of 27 Fileid: … ns/i1120pc/2022/a/xml/cycle05/source 14:21 - 9-Feb-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Deductions and organizational costs it paid or • Orphan drug credit (Form 8820). incurred. Any remaining costs must • Disabled access credit (Form Limitations on Deductions generally be amortized over a 8826). 180-month period. See sections 195 • Employer credit for social security Section 263A uniform capitaliza- and 248 and the related regulations. and Medicare taxes paid on certain tion rules. The uniform capitalization employee tips (Form 8846). rules of section 263A require Time for making an election. • Credit for small employer pension corporations to capitalize certain The corporation generally elects to plan start-up costs (Form 8881). costs. deduct startup or organizational costs • Credit for employer-provided by claiming the deduction on its childcare facilities and services (Form A small business taxpayer is not income tax return filed by the due date 8882). required to capitalize costs under (including extensions) for the tax year • Credit for small employer health section 263A. A small business in which the active trade or business insurance premiums (Form 8941). taxpayer that wants to discontinue begins. For more details including capitalizing costs under section 263A special rules for costs paid or incurred If the corporation has any of these must change its method of before September 9, 2008, see the credits, figure the current year credit accounting. See section 263A(i) and Instructions for Form 4562, before figuring the deduction for Regulations section 1.263A-1(j). Also, Depreciation and Amortization. Also, expenses on which the credit is see the Instructions for Form 3115. see Pub. 535, Business Expenses. based. If the corporation capitalized any costs on which it figured the For more information on the If the corporation timely filed its credit, it may need to reduce the uniform capitalization rules, see Pub. return for the year without making an amount capitalized by the credit 538. Also, see Regulations sections election, it can still make an election attributable to these costs. 1.263A-1 through 1.263A-3. by filing an amended return within 6 Transactions between related tax- months of the due date of the return See the instructions for the form payers. Generally, an accrual basis (excluding extensions). Clearly used to figure the applicable credit for taxpayer can only deduct business indicate the election on the amended more details. expenses and interest owed to a return and enter “Filed pursuant to Limitations on deductions related related party in the year the payment Regulations section 301.9100-2” at to property leased to tax-exempt is included in the income of the the top of the amended return. File the entities. If a corporation leases related party. See sections 163(e)(3) amended return at the same address property to a governmental or other and 267 for limitations on deductions the corporation filed its original return. tax-exempt entity, the corporation for unpaid interest and expenses. The election applies when figuring cannot claim deductions related to the taxable income for the current tax year Limitations on business interest property to the extent that they and all subsequent years. expense. Business interest expense exceed the corporation's income from may be limited. See section 163(j) and The corporation can choose to the lease payments. This disallowed Form 8990, Limitation on Business forgo the election by affirmatively tax-exempt use loss can be carried Interest Expense Under Section electing to capitalize its start-up or over to the next tax year and treated 163(j). Also, see Limitation on organizational costs on its income tax as a deduction with respect to the deduction in the instructions for return filed by the due date (including property for that tax year. See section Line 20a and Schedule K, Question extensions) for the tax year in which 470(d) for exceptions. 18, later.< the active trade or business begins. Limitation on tax benefits for re- muneration under the Patient Pro- Section 291 limitations. Note. The election to either amortize tection and Affordable Care Act. Corporations may be required to or capitalize start-up costs is The $1 million compensation limit is adjust certain deductions. See section irrevocable and applies to all start-up reduced to $500,000 for remuneration 291 to determine the amount of the costs that are related to the trade or adjustment. business. for services provided by individuals for or on behalf of certain health Golden parachute payments. A Report the deductible amount of insurance providers. The $500,000 portion of the payments made by a such costs and any amortization on limitation applies to remuneration that corporation to key personnel that Schedule A, line 31. For amortization is deductible in the tax year during exceeds their usual compensation that begins during the current tax which the services were performed may not be deductible. This occurs year, complete and attach Form 4562. and remuneration for services during when the corporation has an Reducing certain expenses for the year that is deductible in a future agreement (golden parachute) with which credits are allowable. If the tax year (called “deferred deduction these key employees to pay them corporation claims certain credits, it remuneration”). The $500,000 these excess amounts if control of the may need to reduce allowable limitation is reduced by any amounts corporation changes. See section deductions for expenses used to disallowed as excess parachute 280G and Regulations section figure the credit. This applies to payments. See section 162(m)(6) and 1.280G-1. Also, see the instructions credits such as the following. Regulations section 1.162-31 for for line 15. • Employment credits. See definitions and other special rules. Business start-up and organiza- Employment credits, later. Also, see Notice 2011-2, 2011-2 tional costs. A corporation can elect • Credit for increasing research I.R.B. 260. to deduct a limited amount of start-up activities (Form 6765). -12- Instructions for Form 1120-PC (2022) |
Page 13 of 27 Fileid: … ns/i1120pc/2022/a/xml/cycle05/source 14:21 - 9-Feb-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Line 15. Compensation of officers. • Qualified performance-based If the corporation provided taxable Enter deductible officers' compensation; and fringe benefits to its employees, such compensation on line 15. See • Income payable under a written, as the personal use of a car, do not Employment credits, later, for binding contract in effect on February deduct as wages the amount employment credits that may reduce 17, 1993. allocated for depreciation and other your deduction for officers' The $1 million limit is reduced by expenses that are claimed elsewhere compensation. Do not include amounts disallowed as excess on the return (for example, on compensation deductible elsewhere parachute payments under section Schedule A, line 22 or line 31). on the return, such as elective 280G. If the corporation claims a contributions to a section 401(k) cash See section 162(m) and ! credit for any wages paid or or deferred arrangement, or amounts Regulations section 1.162-27. Also, CAUTION incurred, it may need to contributed under a salary reduction see Notice 2007-49, 2007-25 I.R.B. reduce any corresponding deduction SEP agreement or a SIMPLE IRA 1429. for salaries and wages. See plan. Employment credits below. Limitations on tax benefits for ex- Include only the deductible part of ecutive compensation under the each officer's compensation on Employment credits. If the Treasury Troubled Asset Relief line 15. (See Disallowance of corporation claims a credit on any of Program (TARP). The $1 million deduction for employee the forms below, it may need to compensation limit is reduced to compensation in excess of $1 million, reduce its deduction for officers’ $500,000 for executive remuneration later). Attach a statement for all compensation and salaries and and deferred deduction executive officers using the following columns. wages. See the applicable form for remuneration paid to covered details. 1. Name of officer. executives by any entity that receives • Form 5884, Work Opportunity 2. Social security number. or has received financial assistance Credit. 3. Percentage of time devoted to under the TARP. The limit applies for • Form 8844, Empowerment Zone business. each period in which obligations Employment Credit. arising from financial assistance • Form 8845, Indian Employment 4. Amount of compensation. under the TARP remain outstanding. Credit. If a consolidated return is filed, The $500,000 is reduced by any • Form 8932, Credit for Employer each member of an affiliated group amounts disallowed as excess Differential Wage Payments. must furnish this information. parachute payments. See section • Form 8994, Employer Credit for 162(m)(5) for definitions and other Paid Family and Medical Leave. Disallowance of deduction for em- special rules. Also, see Notice ployee compensation in excess of 2008-94, 2008-44 I.R.B. 1070, for Line 18. Rents. If the corporation $1 million. Publicly held corporations additional guidance. rented or leased a vehicle, enter the cannot deduct compensation to a total annual rent or lease expense “covered employee” to the extent that In addition, a portion of any paid or incurred during the year. Also, the compensation exceeds $1 million. parachute payments made to a complete Form 4562, Part V. If the Generally, a covered employee is: covered executive by an applicable corporation leased a vehicle for a term • The principal executive officer of employer participating in a TARP is of 30 days or more, the deduction for the corporation (or an individual acting not deductible as compensation if the the vehicle lease expense may have in that capacity) as of the end of the payments are made because of a to be reduced by an amount includible tax year, or severance from employment during in income called the inclusion amount. • An employee whose total an applicable tax year. For this The corporation may have an compensation must be reported to purpose, a parachute payment is any inclusion amount if: shareholders under the Securities payment to a senior executive officer Exchange Act of 1934 because the for departure from a company for any employee is among the three highest reason, except for payments for compensated officers for that tax year services performed or benefits (other than the principal executive accrued. These limits do not apply to officer). a payment already treated as a parachute payment. See section For this purpose, compensation 280G(e) and Notice 2008-94. does not include the following. • Income from certain employee Line 16. Salaries and wages. Enter trusts, annuity plans, or pensions. the total salaries and wages paid for • Any benefit paid to an employee the tax year. Do not include salaries that is excluded from the employee's and wages deductible elsewhere on income. the return, such as amounts included The deduction limit does not apply in officers' compensation, elective to: contributions to a section 401(k) cash • Commissions based on individual or deferred arrangement, or amounts performance; contributed under a salary reduction SEP agreement or a SIMPLE IRA plan. Instructions for Form 1120-PC (2022) -13- |
Page 14 of 27 Fileid: … ns/i1120pc/2022/a/xml/cycle05/source 14:21 - 9-Feb-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. And the vehicle's Note. Section 9010 of the Patient • Interest on unpaid taxes attributable FMV on the first day Protection and Affordable Care Act to nondisclosed reportable of the lease The lease term began: exceeded: imposes a fee on each covered entity transactions. See section 163(m). engaged in the business of providing Cars (excluding trucks and Limitation on deduction. Under vans) health insurance for U.S. health risks. section 163(j), business interest After 12/31/21 but before The fee is treated as a tax described expense is generally limited to the 1/1/23 . . . . . . . . . . $56,000 in section 275 relating to taxes for sum of business interest income, 30% After 12/31/20 but before which no deduction is allowed. For of the adjusted taxable income, and 1/1/22 . . . . . . . . . . $51,000 more information, see the final floor plan financing interest. The After 12/31/17 but before regulations and Rev. Rul. 2013-27. 1/1/21 . . . . . . . . . . $50,000 amount of any business interest After 12/31/12 but before Do not reduce the expense that is not allowed as a 1/1/18 . . . . . . . . . . $19,000 ! corporation's deduction for deduction for the tax year is carried After 12/31/07 but before CAUTION social security and Medicare forward to the following year. If 1/1/13 . . . . . . . . . . $18,500 taxes by the nonrefundable and Trucks and Vans section 163(j) applies, use Form 8990 refundable portions of the FFCRA and After 12/31/21 but before to figure the amount of business 1/1/23 . . . . . . . . . . $56,000 ARP credits for qualified sick and interest expense the corporation can After 12/31/20 but before family leave wages claimed on its deduct for the current tax year and the 1/1/22 . . . . . . . . . . $51,000 employment tax returns. Instead, amount that can be carried forward to After 12/31/17 but before report this amount as income on the next year. See the Instructions for 1/1/21 . . . . . . . . . . $50,000 line 13. Form 8990. Also see Schedule I, After 12/31/13 but before Question 18, later. 1/1/18 . . . . . . . . . . $19,500 Line 20a. Interest. After 12/31/09 but before Special rules apply to the 1/1/14 . . . . . . . . . . $19,000 following. Note. Do not offset interest income After 12/31/08 but before • Forgone interest on certain 1/1/10 . . . . . . . . . . $18,500 against interest expense. below-market-rate loans (see section After 12/31/07 but before The corporation must allocate the 7872). 1/1/09 . . . . . . . . . . $19,000 interest expense if the proceeds of a Original issue discount (OID) on • loan were used for more than one certain high-yield discount obligations. purpose (for example, to purchase a See Pub. 463, Travel, Gift, and Car See section 163(e)(5) to determine portfolio investment and to acquire an Expenses, for instructions on figuring the disqualified amount of the interest in a passive activity). See the inclusion amount. deduction for OID that is deferred and Temporary Regulations section the amount that is disallowed on a Note. The inclusion amount for lease 1.163-8T for the interest allocation high-yield discount obligation. The terms beginning in 2023 will be rules. rules under section 163(e)(5) do not published in the Internal Revenue Do not deduct the following apply to certain high-yield discount Bulletin in early 2023. interest. obligations issued before January 1, Line 19. Taxes and licenses. Enter • Interest on indebtedness incurred 2011. See section 163(e)(5)(F), and or continued to purchase or carry taxes paid or accrued during the tax Notice 2010-11, 2010-4 I.R.B. 326. obligations if the interest is wholly year, but do not include the following. • Interest which is allocable to exempt from income tax. See section • Federal income taxes. unborrowed policy cash values of life 265(b) for special rules and • Foreign or U.S. possession income insurance, endowment, or annuity exceptions for financial institutions. taxes if a tax credit is claimed. contracts issued after June 8, 1997. Also, see section 265(b)(7) for a • Taxes not imposed on the See section 264(f). Attach a temporary de minimis exception for corporation. statement showing the computation of financial institutions for certain • Taxes, including state or local sales the deduction. tax-exempt bonds issued in 2009 and taxes, that are paid or incurred in Line 20b. Less tax-exempt interest 2010. connection with an acquisition or expense. Enter interest paid or disposition of property (these taxes • Interest and carrying charges on straddles. Generally, these amounts accrued during the tax year on must be treated as a part of the cost of indebtedness incurred or continued to must be capitalized. See section the acquired property or, in the case purchase or carry obligations if the 263(g). of a disposition, as a reduction in the interest is wholly exempt from income amount realized on the disposition). • Interest on debt allocable to the production of designated property by tax. See section 265. • Taxes assessed against local a corporation for its own use or for Line 21. Charitable contributions. benefits that increase the value of the sale. The corporation must capitalize Include charitable contributions, as property assessed (such as for this interest. Also, capitalize any provided in section 170. See section paving, etc.). interest on debt allocable to an asset 170 and its regulations for limitations, • Taxes deducted elsewhere on the used to produce the property. See carryover, exclusions, requirements, return. section 263A(f) and Regulations substantiation, and other rules. See section 164(d) for information sections 1.263A-8 through 1.263A-15 For more information on charitable on the apportionment of taxes on real for definitions and more information. contributions, including substantiation property between a seller and a and recordkeeping requirements, see purchaser. -14- Instructions for Form 1120-PC (2022) |
Page 15 of 27 Fileid: … ns/i1120pc/2022/a/xml/cycle05/source 14:21 - 9-Feb-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. section 170 and the related cancellation or expiration of policies earlier under Limitations on regulations and Pub. 526. For other issued by a mutual fire or flood Deductions). special rules that apply to insurance company: • Legal and professional fees. corporations, see Pub. 542. 1. Where the premium deposits for • Supplies used and consumed in the Line 22. Depreciation. Include on the policy are the same (regardless of business. line 22 depreciation and the cost of the length of the policy); and • Travel, meals, and entertainment expenses. Special rules apply certain property that the corporation 2. The unabsorbed portion of the (discussed later). elected to expense under section 179. premium deposits not required for • Utilities. See Form 4562 and the Instructions losses, expenses, or establishment of • Ordinary losses from trade or for Form 4562. reserves is returned or credited to the business activities of a partnership Line 23. Depletion. See sections policyholder on cancellation or from Schedule K-1 (Form 1065). Do 613 and 613A for percentage expiration of the policy. not offset ordinary income against depletion rates applicable to natural In the case of a qualified group ordinary losses. Instead, include the deposits. Also, see section 291 for the self-insurers fund, the fund's income on line 13. Show the limitation on the depletion deduction deduction for policyholder dividends partnership's name, address, and EIN for iron ore and coal (including lignite). is allowed no earlier than the date the on a separate statement attached to Attach Form T (Timber), Forest state regulatory authority determines this return. If the amount entered is Activities Schedule, if a deduction for the amount of the policyholder from more than one partnership, depletion of timber is taken. dividend that may be paid. See identify the amount from each There are special rules for section 6076 of the Technical and partnership. intangible drilling and development Miscellaneous Revenue Act of 1988. • Any extraterritorial income exclusion from Form 8873, costs incurred outside the United Line 30. Mutual interinsurers or re- Extraterritorial Income Exclusion. States. See section 263(i). ciprocal underwriters—increase in See Pub. 535 for more information subscriber accounts. A mutual • Dividends paid in cash on stock held by an employee stock ownership on depletion. insurance company that is an plan (ESOP). However, a deduction interinsurer or reciprocal underwriter may only be taken for the dividends Line 24. Pension, profit-sharing, may deduct the increase in savings above if, according to the plan, the etc., plans. Enter the deduction for credited to subscriber accounts for dividends are: contributions to qualified pension, the tax year. profit-sharing, or other funded 1. Paid in cash directly to the plan deferred compensation plans. Savings credited to subscriber participants or beneficiaries; accounts means the surplus credited Note. Employers who maintain a plan to the individual accounts of 2. Paid to the plan, which are generally required to file Form subscribers before the 16th day of the distributes them in cash to the plan 5500, Form 5500-SF, or Form 3rd month following the close of the participants or their beneficiaries no 5500-EZ. Go to www.EFAST.dol.gov tax year. This is true only if the later than 90 days after the end of the and IRS.gov/Form5500EZ for more corporation would be required to pay plan year in which the dividends are information. this amount promptly to a subscriber if paid; the subscriber ended the contract 3. At the election of the Line 25. Employee benefit pro- when the corporation's tax year ends. participants or their beneficiaries (a) grams. Enter contributions to payable as provided under (1) or (2) employee benefit programs not Line 31. Other deductions. Attach a claimed elsewhere on the return (for statement listing by type and amount above, or (b) paid to the plan and example, insurance, health and all allowable deductions under reinvested in qualifying employer welfare programs, etc.) that are not an sections 832(c)(1) and (10) (net of the securities; or incidental part of a pension, annual statement change in 4. Used to make payments on a profit-sharing, etc., plan included on undiscounted unpaid loss adjustment loan described in section 404(a)(9). line 24. expenses) that are not deductible on See section 404(k) for more details lines 15 through 30. and the limitation on certain Line 29. Dividends to policyhold- ers. Enter the total dividends and Examples of other deductions may dividends. similar distributions paid or declared include the following. See Pub. 535 Do not deduct expenses such as to policyholders, as policyholders, for details on other deductions that the following. except in the case of a mutual fire may apply to corporations. • Amounts paid to, or at the direction insurance company exclusively • Any deduction under P.L. 115-97, of, a government or specified issuing perpetual policies. Whether section 13517(c)(3)(B)(i) (transitional nongovernmental entity for the dividends have been paid or declared relief for change in reserve). violation, or investigation or inquiry, of should be determined according to • Any applicable deduction under a law. However, see the exceptions the method of accounting employed section 179D for costs of energy discussed later. by the insurance company. efficient commercial building property • Lobbying expenses. However, see placed in service during the tax year. the exceptions discussed later. Dividends and similar distribu- Complete and attach new Form 7205. • Amounts paid or incurred for any tions. Include amounts returned or • Certain business startup and settlement, payout, or attorney fees credited to policyholders on organizational costs (discussed related to sexual harassment or Instructions for Form 1120-PC (2022) -15- |
Page 16 of 27 Fileid: … ns/i1120pc/2022/a/xml/cycle05/source 14:21 - 9-Feb-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. sexual abuse, if such payments are However, no deduction is allowed if a agreements in which no government subject to a nondisclosure agreement. principal purpose of the organization or governmental entity is a party, and See section 162(q). is to entertain or provide • Amounts paid or incurred for taxes entertainment facilities for members due. No deduction is allowed unless Travel, meals, and entertainment. or their guests. This includes country the amounts are specifically identified Subject to limitations and restrictions clubs, golf and athletic clubs, airline in the order or agreement and the discussed below, a corporation can and hotel clubs, and clubs operated to corporation establishes that the deduct ordinary and necessary travel, provide meals under conditions amounts were paid for that purpose. meals, and non-entertainment favorable to business discussion. Also, any amount paid or incurred as expenses paid or incurred in its trade reimbursement to the government for or business. Generally, entertainment Qualified transportation fringes the costs of any investigation or expenses, membership dues, and (QTFs). Generally, no deduction is litigation are not eligible for the facilities used in connection with these allowed under section 274(a)(4) for exceptions and are nondeductible. activities cannot be deducted. In QTFs provided by employers to their See section 162(f). addition, no deduction is generally employees. QTFs are defined in allowed for qualified transportation section 132(f)(1) and include: Lobbying expenses. Generally, fringe benefits. Also, special rules • Transportation in a commuter lobbying expenses are not deductible. apply to deductions for gifts, luxury highway vehicle between the These expenses include: water travel, and convention employee’s residence and place of • Amounts paid or incurred in expenses. See section 274, Pub. 463, employment, connection with influencing federal, and Pub. 535. • Any transit pass, and state, or local legislation (but not Travel. The corporation cannot • Qualified parking. amounts paid or incurred before deduct travel expenses of any See section 274; Pub. 15-B, December 22, 2017, in connection individual accompanying a corporate Employer’s Tax Guide to Fringe with local legislation); or officer or employee, including a Benefits; and Pub. 535 for details. • Amounts paid or incurred in connection with any communication spouse or dependent of the officer or Entertainment facilities. with certain federal executive branch employee, unless: Generally, the corporation cannot officials in an attempt to influence the • That individual is an employee of deduct an expense paid or incurred official actions or positions of the the corporation, and for a facility (such as a yacht or officials. See Regulations section • That individual’s travel is for a bona hunting lodge) used for an activity 1.162 29 for the definition of ‐ fide business purpose and would usually considered entertainment, “influencing legislation.” otherwise be deductible by that amusement, or recreation. Dues and other similar amounts individual. Amounts treated as paid to certain tax exempt ‐ Meals. Generally, the corporation compensation. Generally, the organizations may not be deductible. can deduct only 50% of the amount corporation may be able to deduct If certain in house lobbying ‐ otherwise allowable for otherwise nondeductible expenditures do not exceed $2,000, non-entertainment-related meal entertainment, amusement, or they are deductible. expenses paid or incurred in its trade recreation expenses if the amounts Line 32. Total deductions. Section or business. However, the corporation are treated as compensation to the 848 (capitalization of certain policy can deduct 100% of business meal recipient and reported on Form W 2 ‐ acquisition expenses) requires expenses if the meals are food and for an employee or on Form 1099‐ insurance companies to capitalize beverages provided by a restaurant. NEC for an independent contractor. specified policy acquisition expenses This applies only to amounts paid or incurred after December 31, 2020, However, if the recipient is an and deduct them ratably over time. and before January 1, 2023. officer, director, beneficial owner Attach a statement showing all (directly or indirectly), or other computations. See section 848 and its Meals not separately stated from “specified individual” (as defined in regulations. entertainment are generally not section 274(e)(2)(B) and Regulations Line 34b. Deduction on account of deductible. In addition (subject to section 1.274 9(b)), special rules ‐ the special income and deduction exceptions under section 274(k)(2)): apply. • Meals must not be lavish or accounts. Enter the total of the extravagant, and Fines and penalties. Generally, no amounts required to be added under • An employee of the corporation deduction is allowed for fines or sections 832(e)(4) and (6). However, must be present at the meal. similar penalties paid or incurred to, or no deduction is permitted unless tax at the direction of, a government or and loss bonds are purchased in an Membership dues. The governmental entity for violating any amount equal to the tax benefit of the corporation can deduct amounts paid law, or for the investigation or inquiry deduction. See section 832(e). or incurred for membership dues in into the potential violation of a law, civic or public service organizations, except: Note. The deduction on account of professional organizations (such as • Amounts that constitute restitution, the special income and deduction bar and medical associations), • Amounts paid to come into accounts is limited to taxable income business leagues, trade associations, compliance with the law, for the tax year (computed without chambers of commerce, boards of • Amounts paid or incurred as the regard to this deduction or to any trade, and real estate boards. result of certain court orders or -16- Instructions for Form 1120-PC (2022) |
Page 17 of 27 Fileid: … ns/i1120pc/2022/a/xml/cycle05/source 14:21 - 9-Feb-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. carryback of a net operating loss investment trusts (FASITs). See Line 1b, column (a). Interest ex- (NOL)). section 860E(a). empt under section 103. Enter the Line 36b. Net operating loss de- Net operating loss. Only certain amount of interest on state and local duction. Section 172 provides for an losses can be carried back. The bonds that is exempt from taxation NOL deduction, limitation, carryovers, carryback period for these losses is 2 under section 103. See the and carrybacks. Attach a statement years. For NOLs that can be carried instructions for Schedule A, line 3b, showing the computation of the NOL back, the corporation can elect to column (a), for more information. deduction. waive the carryback period and Lines 1a and 1b, column (b). Am- The following special rules apply. instead carry the NOL forward to ortization of premium. Enter on • Section 382 provides a limitation on future tax years. line 1a, column (b), the total NOL carryforwards and certain built-in See the Instructions for Form 1139. amortization of bond premium, losses following ownership change. See the instructions for Schedule I, including amortization on tax-exempt • If a corporation acquires control of Item 10 for information on making the bonds. another corporation (or acquires its election to waive the entire carryback Enter on line 1b, column (b), the assets in a reorganization), the period. amortization of bond premium on amount of pre-acquisition losses that The NOL deduction for tax year tax-exempt bonds. may offset recognized built-in gain 2022 cannot exceed the aggregate may be limited (see section 384). amount of NOLs arising in tax years Note. Insurance companies electing • If a corporation elects the beginning before January 1, 2018, to amortize discount for tax purposes alternative tax on qualifying shipping carried to such year plus the lesser of: must reduce the amortization of activities under section 1354, no premium by any amortization of 1. The aggregate amount of NOLs deduction is allowed for an NOL discount. arising in tax years beginning after attributable to the qualifying shipping December 31, 2017, carried to such Line 3. Rents. Enter the gross rents activities to the extent that the loss is tax year; or received or accrued during the tax carried forward from a tax year preceding the first tax year for which 2. 80% of the excess, if any, of year. Deduct rental expenses such as the alternative tax election was made. taxable income determined without repairs, interest, taxes, and See section 1358(b)(2). any NOL deduction, section 199A depreciation on the proper lines in the • Section 831(b)(3) provides for a deduction, or section 250 deduction, Deductions section. limitation on use of NOLs. over any NOL carryover to the tax Line 5. Gross income from a trade year from tax years beginning before For more details on the NOL or business, other than an insur- January 1, 2018. deduction, see section 172 and the ance business, and from Form Instructions for Form 1139, An exception applies for NOLs of 4797. Enter the gross income from a Corporation Application for Tentative insurance companies other than life trade or business, other than an Refund. insurance companies. The 80% insurance business, carried on by the Line 37. Taxable income. If line 37 taxable income limit does not apply to insurance company or by a (figured without regard to the items these entities. See sections 172(b) partnership of which the insurance listed under Minimum taxable income and (f). company is a partner. Include section 1245 and section 1250 gains (as below) is zero or less, the corporation See the Instructions for Form 1139 modified by section 291) and other may have an NOL that can be carried for other special rules and elections. gains from Form 4797, on investment back or forward as a deduction to assets only. other tax years. Schedule B, Part Line 6. Income from leases descri- Minimum taxable income. The I—Taxable Investment bed in sections 834(b)(1)(B) and corporation's taxable income cannot 834(b)(1)(C). Enter gross income be less than the largest of the Income of Electing Small from entering into, changing, or following amounts. Companies ending any lease, mortgage, or other • The inversion gain of the instrument or agreement from which corporation for the tax year, if the Note. (1) Once an election under corporation is an expatriated entity or section 831(b) is made to be taxed the company earns interest, rents, or a partner in an expatriated entity. See only on investment income, it can only royalties. section 7874(a). be revoked with the consent of the Line 8. Gross investment income. • The sum of the corporation's Secretary; and (2) a corporation If gross investment income includes excess inclusions from its residual making this election must include on an amount subtracted from the PAL interest in a real estate mortgage Schedule B, line 8, any amount account, enter on the dotted line next investment conduit (REMIC) from subtracted from a PAL account. to line 8, “PAL” and the amount. Schedules Q (Form 1066), line 2c, Income Deductions and the corporation's taxable income determined solely with respect to its Line 1a, column (a). Interest (in- Line 9. Real estate taxes. Enter ownership and high-yield interests in cluding tax-exempt interest). Enter taxes paid or accrued on real estate financial asset securitization the gross amount of interest income, owned by the corporation and including all tax-exempt interest deductible under section 164. income. Instructions for Form 1120-PC (2022) -17- |
Page 18 of 27 Fileid: … ns/i1120pc/2022/a/xml/cycle05/source 14:21 - 9-Feb-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Line 10. Other real estate expen- and interest in transactions between 1. All dividends (other than 100% ses. Enter all ordinary and necessary related taxpayers. dividends) received on stock acquired real estate expenses, such as fire after August 7, 1986; and insurance, heat, light, and labor. Also, Schedule B, Part 2. 100% dividends received on enter the cost of incidental repairs, stock acquired after August 7, 1986, such as labor and supplies, that do II—Invested Assets Book to the extent that such dividends are not add to the property's value or Values attributable to prorated amounts (see appreciably prolong its life. Do not Use Schedule B, Part II, to compute definition earlier). include any amount paid for new the limitation on investment expenses In the case of an insurance buildings or for permanent under section 834(c)(2) when any company that files a consolidated improvements or betterments made to general expenses are in part assigned return, the determination with respect increase the value of any property. Do to, or included in, the investment to any dividend paid by a member to not include any amount spent on expenses deducted on Schedule B, another member of the affiliated group foreclosed property before the Part I, line 17. is made as if no consolidated return property is held for rent. was filed. See section 832(g). Line 11. Depreciation. Enter Schedule C—Dividends, Line 1. Enter dividends (except those depreciation on assets only to the Inclusions, received on certain debt-financed extent that the assets are used to produce gross investment income Dividends-Received stock acquired after July 18, 1984 (see section 246A)) that are: reported on Schedule B, lines 1 Deduction, and Other • Received from through 7. For more information, see Special Deductions less-than-20%-owned domestic the instructions for Schedule A, line 22. Definitions corporations subject to income tax, and Prorated amounts. Prorated Note. See section 834(d)(1) • Qualified for the 50% deduction amounts mean tax-exempt interest regarding the limitation of expenses under section 243(a)(1). and dividends for which a deduction is on real estate owned and occupied in See section 246 and section 854 allowable under section 243, 244 (as part or in whole by a mutual insurance for limitations and exclusions. affected by P.L. 113-295, Div. A, company. Report so-called dividends or section 221(a)(41)(A), December 19, Line 12. Depletion. Enter any 2014, 128 Stat. 4043), or 245 (other earnings received from mutual allowable depletion on royalty income than 100% dividends). savings banks, etc., as interest. Do reported on Schedule B, line 4. See not treat them as dividends. 100% dividend. 100% dividend the instructions for Schedule A, Line 2. Enter on line 2: means any dividend if the percentage line 23 for more information. • Dividends (except those received used for purposes of determining the Line 13. Trade or business deduc- deduction allowable under section on certain debt-financed stock tions. Enter the total deductions 243, 244 (as affected by P.L. 113-295, acquired after July 18, 1984) that are related to any trade or business Div. A, section 221(a)(41)(A), received from 20%-or-more-owned income included in gross investment December 19, 2014, 128 Stat. 4043), domestic corporations subject to income under section 834(b)(2). Do or 245(b) is 100%. See section 243, income tax and that are subject to the not include deductions for any section 244 as affected by P.L. 65% deduction under section 243(c), insurance business. Do not include 113-295, and section 245. and losses from sales or exchanges of • Taxable distributions from an capital assets or property used in the Lines 1 Through 25 interest charge domestic international business, or from the compulsory or sales corporation (IC-DISC) or former domestic international sales involuntary conversion of property For purposes of the 20% ownership corporation (DISC) that are used in the trade or business. test on lines 1 through 7, the considered eligible for the 65% Line 14. Interest. See the percentage of stock owned by the deduction. instructions for Schedule A, lines 20a corporation is based on voting power and 20b. and value of the stock. Preferred Line 3. Enter the following. stock described in section 1504(a)(4) • Dividends received on certain Line 17. Investment expenses. is not taken into account. debt-financed stock acquired after Enter expenses that are properly July 18, 1984, from domestic and chargeable as investment expenses. Consolidated returns. Corporations foreign corporations subject to income If general expenses are allocated to filing consolidated returns should see tax that would otherwise be subject to investment expenses, the total Regulations sections 1.1502-13, the dividends-received deduction deduction cannot be more than the 1.1502-26, and 1.1502-27 before under section 243(a)(1), 243(c), or amount on Schedule B, Part II, line 39. completing Schedule C. 245(a). Generally, debt-financed Attach a statement showing the kind Lines 1 through 9, column (a). stock is stock that the corporation and amount of general expenses. Enter in column (a) of the appropriate acquired by incurring a debt (for Minor items may be grouped together. line those dividends that are subject example, it borrowed money to buy See section 267 for the limitation to the provisions of section 832(b)(5) the stock). on deductions for unpaid expenses (B).This will include: -18- Instructions for Form 1120-PC (2022) |
Page 19 of 27 Fileid: … ns/i1120pc/2022/a/xml/cycle05/source 14:21 - 9-Feb-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • Dividends received from a conduct of a trade or business within Regulations section 1.245A-5(b), regulated investment company (RIC) the United States (excluding foreign dividends that fail to meet the holding on certain debt-financed stock. The trade income), and period requirement under section amount of dividends eligible for the • Qualify for the 65% deduction 246(c)(5), etc.). dividends-received deduction is provided in section 245(c)(1)(B). Also, include on line 11 the limited by section 854(b). The corporation's share of distributions Line 8. Enter dividends received corporation should receive a notice from a section 1291 fund from Form from wholly owned foreign from the RIC specifying the amount of 8621, to the extent that the amounts subsidiaries that are eligible for the dividends that qualify for the are taxed as dividends under section 100% deduction under section 245(b). deduction. 301. See Form 8621 and its In general, the deduction under instructions. Line 4. Enter dividends received on section 245(b) applies to dividends preferred stock of a paid out of the earnings and profits of Attach a statement identifying the less-than-20%-owned public utility a foreign corporation for a tax year amount of each dividend reported on that is subject to income tax and is during which: line 11 and the provision pursuant to allowed the deduction provided in • All of its outstanding stock is which a deduction is not allowed with section 247 (as affected by P.L. directly or indirectly owned by the respect to such dividend. 113-295, Div. A, section 221(a)(41) domestic corporation receiving the Line 12a, column (b). Enter the (A), December 19, 2014, 128 Stat. dividends, and foreign-source portion of any subpart 4043) for dividends paid. • All of its gross income from all F inclusions attributable to the sale or Line 5. Enter dividends received on sources is effectively connected with exchange by a CFC of stock in preferred stock of a the conduct of a trade or business another foreign corporation described 20%-or-more-owned public utility that within the United States. in section 964(e)(4). This should is subject to income tax and is allowed Also, include on line 8 dividends equal the sum of the amounts the deduction provided in section 247 from FSCs that are attributable to reported by the U.S. shareholder on (as affected by P.L. 113-295, Div. A, foreign trade income and that are Form(s) 5471, Schedule I, line 1a. (Do section 221(a)(41)(A), December 19, eligible for the 100% deduction not include on line 12a any portion of 2014, 128 Stat. 4043) for dividends provided in section 245(c)(1)(A). such subpart F inclusion that is not paid. eligible for the section 245A deduction Line 9. Enter only those dividends pursuant to Regulations section Line 6. Enter the U.S.-source portion that qualify under section 243(b) for 1.245A-5(g)(2). Include such amounts of dividends that: the 100% dividends-received on line 12c.) • Are received from deduction described in section 243(a) less-than-20%-owned foreign (3). Line 12b, column (b). Enter the total corporations, and The 100% deduction does not subpart F inclusions attributable to • Qualify for the 50% deduction apply to affiliated group members that tiered hybrid dividends. This should under section 245(a). To qualify for are joining in the filing of a equal the sum of the amounts the 50% deduction, the corporation consolidated return. reported by the U.S. shareholder on must own at least 10% of the stock of Form(s) 5471, Schedule I, line 1b. the foreign corporation by vote and Line 10, column (b). Enter the value. foreign-source portion of dividends Line 12c, column (b). Enter all other that: amounts included in income under Also, include dividends received section 951, other than amounts on from a less-than-20%-owned foreign • Are received from specified 10%-owned foreign corporations (as line 15. This should equal the sum of sales corporation (FSC) that: the amounts reported by the U.S. defined in section 245A(b)), including, • Are attributable to income treated shareholder on Form(s) 5471, for example, gain from the sale of as effectively connected with the Schedule I, lines 1c–1h, 2, and 4. stock of a foreign corporation that is conduct of a trade or business within treated as a dividend under sections the United States (excluding foreign Line 13, column (b). Enter amounts 1248(a) and (j); and trade income), and included in income under the section • Qualify for the 50% deduction • Qualify for the 100% deduction 951. See Form 8992, Part II, line 5; under section 245A(a) (excluding any under section 245(c)(1)(B). and the Instructions for Form 8992. If hybrid dividends; see the instructions you also have a Form 5471 reporting Line 7. Enter the U.S.-source portion for line 11 below). requirement, attach Form 5471. of dividends that: Line 11, column (b). Enter the • Are received from Line 15, column (b). Reserved for foreign dividends not reportable on 20%-or-more-owned foreign future use. line 3, 6, 7, 8, or 10 of column (b). corporations, and Line 16, column (b). Include the • Qualify for the 65% deduction Include on line 11 the following. under sections 245(a) and 242 by foreign-source portion of any dividend reference. that does not qualify for the section 1. Dividends (other than capital 245A deduction (for example, hybrid gain distributions reported on Also, include dividends received Schedule D (Form 1120) and dividends within the meaning of from a 20%-or-more-owned FSC that: exempt-interest dividends) that are section 245A(e), ineligible amounts of • Are attributable to income treated received from RICs and that are not dividends within the meaning of as effectively connected with the subject to the 50% deduction. Instructions for Form 1120-PC (2022) -19- |
Page 20 of 27 Fileid: … ns/i1120pc/2022/a/xml/cycle05/source 14:21 - 9-Feb-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 2. Dividends from tax-exempt organizations. Worksheet for Schedule C, Line 26 Keep for Your Records 3. Dividends (other than capital gain distributions) received from a real 1. Refigure the amount from Schedule A, line 35, or Schedule B, estate investment trust (REIT) that, for line 19, whichever applies, without any adjustment under the tax year of the trust in which the section 1059, and without any capital loss carryback to the tax dividends are paid, qualifies under year under section 1212(a)(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . sections 856 through 860. 2. Enter the sum of the amounts from line 25, column (b) (without 4. Dividends not eligible for a regard to wholly owned foreign subsidiary dividends), and dividends-received deduction, which line 9, column (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . include the following. 3. Subtract line 2 from line 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a. Dividends received on any 4. Multiply line 3 by 65% (0.65) . . . . . . . . . . . . . . . . . . . . . . . . . . . . share of stock held for less than 46 5. Add lines 19, 22, 24, and 25, column (b) (without regard to FSC days during the 91-day period dividends), and the portion of the deduction on line 20, column beginning 45 days before the (b), that is attributable to dividends received from ex-dividend date. When counting the 20%-or-more-owned corporations . . . . . . . . . . . . . . . . . . . . . . . number of days the corporation held 6. Enter the smaller of line 4 or line 5. If line 5 is greater than line 4, the stock, you cannot count certain stop here; enter the amount from line 6 on line 26, column (b), days during which the corporation's and do not complete the rest of this worksheet . . . . . . . . . . . . . risk of loss was diminished. See 7. Enter the total amount of dividends received from section 246(c)(4) and Regulations 20%-or-more-owned corporations that are included on lines 2, section 1.246-5 for more details. 3, 5, 7, and 8, column (b) (without regard to FSC b. Dividends received on any dividends) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . share of preferred stock which are 8. Subtract line 7 from line 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . attributable to periods totaling more 9. Multiply line 8 by 50% (0.50) . . . . . . . . . . . . . . . . . . . . . . . . . . . . than 366 days, if such stock was held 10. Subtract line 5 from line 26, column (b) (without regard to FSC for less than 91 days during the dividends) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181-day period that began 90 days 11. Enter the smaller of line 9 or line 10 . . . . . . . . . . . . . . . . . . . . . . before the ex-dividend date. When counting the number of days the 12. Dividends-received deduction after limitation (section corporation held the stock, you cannot 246(b)). Add lines 6 and 11. Enter the result here and on count certain days during which the line 26, column (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . corporation's risk of loss was diminished. See section 246(c)(4) and Regulations section 1.246-5 for more Attach a statement showing how the premiums means the unearned details. Preferred dividends amount on line 20 was figured. premiums shown in the annual statement filed for the year ending attributable to periods totaling less Line 26, column (b). Generally, with or within the tax year. than 367 days are subject to the line 26, column (b), cannot exceed the 46-day holding period rule above. amount from the Worksheet for Applicable interest rate. Applicable c. Dividends on any share of stock Schedule C, Line 26, above. interest rate means the annual rate to the extent the corporation is under However, in a year in which an NOL determined under section 846(c)(2) an obligation (including a short sale) occurs, this limitation does not apply for the calendar year the premiums to make related payments with even if the loss is created by the are received. respect to positions in substantially dividends-received deduction. See Applicable statutory premium rec- similar or related property. sections 172(d) and 246(b). ognition pattern. Applicable 5. Any other taxable dividend Line 28, column (b). Enter the statutory premium recognition pattern income not properly reported section 250 deduction claimed for means the statutory premium elsewhere on Schedule C. foreign-derived intangible income recognition pattern in effect for the (FDII) and global intangible low-taxed calendar year the premiums are Line 20. Dividends received on income (GILTI). This should equal the received, and is based on the certain debt-financed stock acquired sum of Form 8993, Part III, lines 28 statutory premium recognition pattern after July 18, 1984, are not entitled to and 29. which applies to premiums received the full 50% or 65% by the corporation in that calendar dividends-received deduction. The Line 29. Reserved for future use. year. For purposes of the preceding 50% or 65% deduction is reduced by sentence, premiums received during a percentage that is related to the any calendar year will be treated as Schedule E—Premiums amount of debt incurred to acquire the received in the middle of such year. stock. See section 246A. Also, see Earned Medical loss ratio (MLR). Section section 245(a) before making this Definitions computation for an additional 833(c)(5) limits the 100% deduction of limitation that applies to dividends Undiscounted unearned premi- unearned premiums by Blue Cross received from foreign corporations. ums. Undiscounted unearned and Blue Shield organizations -20- Instructions for Form 1120-PC (2022) |
Page 21 of 27 Fileid: … ns/i1120pc/2022/a/xml/cycle05/source 14:21 - 9-Feb-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. described in section 833(c)(2), and of premium acquisition expenses applicable to noncancelable accident other organizations described in should increase its unearned and health insurance contracts and section 833(c)(3), to those with an premiums by the amount of such using a mortality or morbidity table MLR of 85% or more. Organizations acquisition expenses prior to making reflecting the taxpayer’s experience, with an MLR less than 85% are the computation on lines 2d and 4d. except that the limitation of section allowed to deduct only 80% of See section 832(b)(7)(E). 846(a)(3) (Limitation on amount of unearned premiums. See section discounted losses) will apply; and (b) Line 6. Transitional adjustments 833(c)(5) and Regulations section in all other cases, by using an apply to companies which become 1.833-1. assumption (in lieu of a loss payment taxable under section 831(a). See pattern) that unpaid losses are paid in Line 1. Enter gross premiums written section 832(b)(7)(D). the middle of the year following the on insurance contracts during the tax accident year. year, less return premiums and premiums paid for reinsurance. See Schedule F—Losses A separate series of discount Regulations section 1.832-4. Incurred factors are computed for, and applied to, undiscounted unpaid losses Lines 2a and 4a. Include on lines 2a Line 1. Losses paid. Enter the total attributable to each accident year of and 4a the following. losses paid on insurance contracts each line of business shown on the 1. All life insurance reserves, as during the tax year less salvage and annual statement (as defined by defined in section 816(b) (but reinsurance recovered during the tax section 846(e)(3)) filed for the determined under section 807). year. Attach a statement that calendar year ending with or within reconciles the amount entered on the tax year. See section 1.832-4(b) 2. Generally, all section 833 line 1 to the amount reported on the relating to the determination of unpaid organizations with an MLR of 85% or corporation's annual statement. more (discussed earlier) are permitted losses. to enter 100% of unearned premiums Lines 2a and 4a. Unpaid losses on Section 832(b)(5)(A) provides rules on lines 2a and 4a. Section 833 life insurance contracts. Unpaid for figuring losses incurred. Section organizations with an MLR of less losses must be adjusted for 832(b)(5)(B) provides rules for than 85% must change to an 80% recoveries of reinsurance. The reducing the deduction figured in Unearned Premium Reserve. For amounts of expected recoveries section 832(b)(5)(A). more information, see Change in should be estimated based on the Rev. Proc. 2023-10, 2023-3, I.R.B. accounting method, earlier. facts in each case and the 411, available at IRS.gov/irb/ corporation's experience with similar 2023-3_IRB#REV-PROC-2023-10, Lines 2b and 4b. Include on lines 2b cases. See Regulations section prescribes discount factors for the and 4b 90% of unearned premiums 1.832-4(b). for insurance against default in the 2022 accident year for use by Lines 2b and 4b. Discounted un- payment of principal or interest on insurance companies in computing paid losses outstanding. Enter all securities described in section 165(g) discounted unpaid losses under discounted unpaid losses, as defined (2)(C) (relating to worthless securities) section 846 and discounted estimated in section 846. with maturities of more than 5 years. salvage recoverable under section See section 832(b)(7)(B). Section 846 provides that the 832. Rev. Proc. 2023-10 also amount of discounted unpaid losses provides, for convenience, discount Lines 2c and 4c. The amount of must be figured separately by each factors for losses incurred in earlier discounted unearned premiums at the line of business (multiple peril lines accident years for use in tax years end of any tax year must be the must be treated as a single line of beginning in 2022. The discount present value of those premiums (as business) and by each accident year factors set forth in Rev. Proc. 2023-10 of such time and separately with and must be equal to the present are determined under section 846 and respect to premiums received in each value of those losses determined by Regulations section 1.846-1. calendar year) determined by using: using the: Note. P.L. 115-97, section 13523, 1. The amount of the 1. Amount of the undiscounted modified discounting rules for undiscounted unearned premiums at unpaid losses, property and casualty insurance such time, 2. Applicable interest rate, and companies, modified the rate of 2. The applicable interest rate, interest used to discount unpaid and 3. Applicable loss payment pattern. losses, modified computational rules 3. The applicable statutory for loss payment patterns, and premium recognition pattern. Section 846(e)(6) provides that any repealed the historical payment determination under section 846(a) pattern election. These amendments Lines 2d and 4d. Include on lines 2d (discounted losses determined) with apply to tax years beginning after and 4d 80% of the total of all respect to unpaid losses relating to 2017. An 8-year transition rule also unearned premiums not reported on accident and health insurance lines of applies. See section 846 of the lines 2a through 2c, or 4a through 4c, businesses (other than credit disability Internal Revenue Code, as modified respectively. insurance) must be made (a) in the by P.L. 115-97, section 13523. A reciprocal or interinsurer required case of unpaid losses relating to under state law to reflect unearned disability income, by using the general Note. There is a special application premiums on its annual statement net rules prescribed under section 807(d) of the “fresh start” provision for an Instructions for Form 1120-PC (2022) -21- |
Page 22 of 27 Fileid: … ns/i1120pc/2022/a/xml/cycle05/source 14:21 - 9-Feb-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. insurance company that is not subject necessary, the corporation may report 85%, enter zero on line 6 and to tax under section 831(a) for its first part of the gross receipts from a Schedule A, line 34a. tax year beginning after December 31, particular sale of a capital asset on 1986, because (1) it is described in this schedule and the rest on Note. The deduction for any tax year section 501(c), or (2) it is subject to Schedule D (Form 1120). Otherwise, is limited to taxable income for that tax tax under section 831(b) on its do not include on Schedule D (Form year determined without regard to this investment income. 1120) any sales reported on this deduction. If the insurance company later schedule. Note. Any determination under becomes subject to tax under section section 833(b) must be made by only 831(a), the rules relating to the fresh Schedule H—Special taking into account items from the start under the discounting provisions health-related business of the are applied by treating the last tax Deduction and Ending corporation. year before the year in which the Adjusted Surplus for insurance company becomes subject Section 833 Organizations Line 8a. Adjusted tax-exempt in- come. Reduce the total tax-exempt to tax under section 831(a) as the Section 833(c)(5) provides that interest received or accrued during insurance company's last tax year section 833(a)(2) and section 833(a) the tax year by any amount (not beginning before 1987. See section (3) do not apply to any organization otherwise deductible) which would 1010(e) of the Technical and with an MLR of less than 85%. See have been allowable as a deduction Miscellaneous Revenue Act of 1988 section 833(c)(5). Also, see Medical for the tax year if such interest were and Notice 88-100, 1988-2 C.B. 439. loss ratio, earlier. not tax exempt. Enter the result on Lines 6 and 7. Estimated salvage Line 5. Beginning adjusted sur- line 8a. and reinsurance recoverable. plus. If the corporation was a section Line 8b. Adjusted dividends-re- Enter on lines 6 and 7 the amount of 833 organization in 2021, it should ceived deduction. Reduce the total estimated salvage and reinsurance enter the amount from its 2021 Form amount allowed as a deduction under recoverable. See Rev. Proc. 2023-10 1120-PC, Schedule H, line 10. for the latest information and sections 243, 244 (as affected by P.L. Generally, the adjusted surplus as guidance. 113-295, Div. A, section 221(a)(41) of the beginning of any tax year is an (A), December 19, 2014, 128 Stat. Line 9. Tax-exempt interest subject amount equal to the adjusted surplus 4043), and 245 by the amount of any to section 832(b)(5)(B). Enter the as of the beginning of the preceding decrease in deductions allowable for amount of tax-exempt interest tax year: the tax year because of section 832(b) received or accrued during the tax 1. Increased by the amount of any (5)(B) when the decrease is caused year on investments made after adjusted taxable income for the by the deductions under sections 243, August 7, 1986. For information preceding tax year, or 244 (as affected by P.L. 113-295, Div. regarding the determination of the A, section 221(a)(41)(A), December acquisition date of an investment, see 2. Decreased by the amount of the instructions for Schedule C. any adjusted NOL for the preceding 19, 2014, 128 Stat. 4043), and 245. tax year. Enter the result on line 8b. Line 13. Reduction of deduction under section 832(b)(5)(B). If 2022 is the first tax year the Multiply line 12 by the applicable taxpayer qualifies as a section 833 Schedule I—Other percentage, which is 25% for 2021 organization, see section 833(c)(3)(C) Information (5.25% divided by the highest to determine the adjusted surplus as Complete all items that apply to the corporate tax rate). of the beginning of the 2022 tax year. corporation. For purposes of the computation of Question 4 the adjusted surplus, the terms Schedule G—Other Capital “adjusted taxable income” and Check the “Yes” box if: Losses “adjusted net operating loss” mean • The corporation is a subsidiary in Capital assets are considered sold or the taxable income or the NOL, an affiliated group (defined later), but exchanged to provide funds to meet respectively, determined with the is not filing a consolidated return for abnormal insurance losses and to pay following modifications. the tax year with that group; or • The corporation is a subsidiary in a dividends and make similar 1. Without regard to the deduction parent-subsidiary controlled group. distributions to policyholders to the determined under section 833(b)(1). extent that the gross receipts from For a definition of parent-subsidiary 2. Without regard to any carryover their sale or exchange are not more controlled group, see the Instructions or carryback to that tax year. than the amount by which the sum of for Schedule O (Form 1120). dividends and similar distributions 3. By increasing gross income by Any corporation that meets either paid to policyholders, losses paid, and an amount equal to the net exempt of the requirements above should expenses paid for the tax year is more income for the tax year. check the “Yes” box. This applies than the total on Schedule G, line 9. even if the corporation is a subsidiary Line 6. Special deduction. The Total gross receipts from sales of special deduction under section member of one group and the parent capital assets (line 12, column (c)) 833(b) cannot be taken if the MLR is corporation of another. must not be more than line 10. If less than 85%. If the MLR is less than -22- Instructions for Form 1120-PC (2022) |
Page 23 of 27 Fileid: … ns/i1120pc/2022/a/xml/cycle05/source 14:21 - 9-Feb-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Note. If the corporation is an with the highest percentage of in Temporary Regulations section “excluded member” of a controlled ownership. 301.9100-12T. Generally, once made, group (see the definition in the the election is irrevocable. Foreign person. The term “foreign Instructions for Schedule O (Form person” means: 1120)), it is still considered a member If the corporation timely filed its • An individual who is not a citizen or of a controlled group for this purpose. return for the loss year without making resident of the United States; the election, it can make the election Affiliated group. An affiliated group • An individual who is a citizen or on an amended return filed within 6 is one or more chains of includible resident of a U.S. possession who is months of the due date of the loss corporations (see section 1504(a)) not otherwise a citizen or resident of year return (excluding extensions). connected through stock ownership the United States; Attach the election to the amended with a common parent corporation. • Any partnership, association, return and enter "Filed pursuant to The common parent must be an company, or corporation that is not section 301.9100-2" on the election includible corporation and the created or organized in the United statement. See the Instructions for following requirements must be met. States; Form 1139. 1. The common parent must own • Any foreign estate or trust within the directly stock that represents at least meaning of section 7701(a)(31); or Corporations filing a consolidated 80% of the total voting power and at • A foreign government (or one of its return that elect to waive the entire least 80% of the total value of the agencies or instrumentalities) to the carryback period for the group must stock of at least one of the other extent that it is engaged in the also attach the statement required by includible corporations. conduct of a commercial activity, as Regulations section 1.1502-21(b)(3) described in section 892. or the election will not be valid. 2. Stock that represents at least 80% of the total voting power and at However, the term “foreign person” Item 11 least 80% of the total value of the does not include any foreign person Enter the amount of the NOL stock of each of the other who consents to the filing of a joint carryover to this tax year from prior corporations (except for the common income tax return. years, even if some of the loss is used parent) must be owned directly by one Owner's country. For individuals, to offset income on this return. The or more of the other includible the term “owner's country” means the amount to enter is the total of all NOLs corporations. country of residence. For all others, it generated in prior years but not used For this purpose, the term “stock” is the country where incorporated, to offset income (either as a carryback generally does not include any stock organized, created, or administered. or carryover) in a tax year prior to 2022. Do not reduce the amount by that (a) is nonvoting, (b) is Requirement to file Form 5472. If any NOL deduction reported on nonconvertible, (c) is limited and the corporation checked “Yes,” it may Schedule A, line 36b. preferred as to dividends and does have to file Form 5472. Generally, a not participate significantly in 25% foreign-owned corporation that Question 12 corporate growth, and (d) has had a reportable transaction with a Schedule UTP (Form 1120) asks for redemption and liquidation rights that foreign or domestic related party information about tax positions that do not exceed the issue price of the during the tax year must file Form affect the U.S. federal income tax stock (except for a reasonable 5472. See the Instructions for Form liabilities of certain corporations that redemption or liquidation premium). 5472 for filing instructions and issue or are included in audited See section 1504(a)(4). penalties for failure to file. financial statements and have assets Question 6 Item 9 that equal or exceed $10 million. For details, see the Instructions for Check the “Yes” box if one foreign Show any tax-exempt interest Schedule UTP. person owned at least 25% of the total received or accrued. Include any voting power of all classes of stock of exempt-interest dividends received as Attach Schedule UTP to the the corporation entitled to vote, or at a shareholder in a mutual fund or corporation's income tax return. Do least 25% of the total value of all other RIC. Also, if required, include not file it separately. A taxpayer that classes of stock of the corporation. the same amount on Schedule M-1, files a protective Form 1120-PC must line 7 (or Schedule M-3 (Form also file Schedule UTP if it satisfies The constructive ownership rules of 1120-PC), Part II, line 13, if the requirements set forth above. section 318 apply in determining if a applicable). corporation is foreign owned. See Question 13 section 6038A(c)(5) and the related Item 10 Section 833(c)(5) provides that regulations. Generally, if the corporation has an section 833(a)(2) and section 833(a) NOL for tax year 2022, it can (3) do not apply to a Blue Cross or Enter on line 6a the percentage generally elect to waive the entire Blue Shield organization described in owned by the foreign person specified carryback period for the NOL and section 833(c)(2), or other in question 6. On line 6b, enter the instead carry the NOL forward to organization described in section name of the owner's country. future tax years. To do so, check the 833(c)(3), unless it has an MLR of box on line 10 and file the tax return 85% or more for the tax year. Note. If there is more than one by its due date, including extensions. 25%-or-more foreign owner, complete For purposes of section 833(c)(5), Do not attach the statement described lines 6a and 6b for the foreign person the MLR is equal to the amount Instructions for Form 1120-PC (2022) -23- |
Page 24 of 27 Fileid: … ns/i1120pc/2022/a/xml/cycle05/source 14:21 - 9-Feb-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. expended on reimbursement for in such insurance company is a paid or accrued by the corporation clinical services provided to enrollees specified holder who holds (directly or (including the corporation's allocable (as defined in 45 C.F.R. 158.140) and indirectly) aggregate interest in such share through a partnership) for which for activities that improve health care insurance company which constitutes a deduction is not allowed. quality (as defined in 45 C.F.R. a percentage of the entire interests in Payments to which section 267A 158.150) under its policies during the such insurance company which is applies. Interest or royalty paid or tax year (section 833(c)(5) MLR more than 2% higher than the accrued by a domestic corporation numerator) divided by the total percentage of interests in the (including, in the case of a domestic premium revenue (section 833(c)(5) specified assets with respect to such corporation that is a partner in a MLR denominator). See section insurance company held (directly or partnership, the domestic 833(c)(5) and Regulations section indirectly) by such specified holder corporation's allocable share of 1.833-1. Also, see Medical loss ratio, under section 831(b)(2)(B)(i)(II). interest or royalty paid or accrued by earlier. A corporation making an election the partnership) is subject to section Check the “Yes” box if the under section 831(b)(2)(A)(iii) must 267A. Section 267A generally applies corporation is a Blue Cross or Blue complete question 14 to indicate to interest or royalty paid or accrued Shield organization described in whether it qualifies as a small according to a hybrid arrangement section 833(c)(2), or other company, and, therefore, is eligible to (such as, for example, a payment organization described in section make the election to be taxed on according to a hybrid instrument, or a 833(c)(3), that has satisfied the MLR taxable investment income because it payment to a reverse hybrid), requirements of section 833(c)(5). meets the diversification requirements provided that the payment or accrual of the 20% test in section 831(b)(2)(B) is to a related party (or according to a If you checked “Yes,” you must (i)(I). If the corporation answers “No” structured arrangement). In addition, enter: for question 14(a), then the under an imported mismatch rule, • The section 833(c)(5) MLR corporation must satisfy the specified section 267A generally applies to numerator on line 13(a), holder/specified asset test in section interest or royalties paid or accrued • The section 833(c)(5) MLR 831(b)(2)(B)(i)(II) to qualify to make according to a non-hybrid denominator on line 13(b), and the section 831(b)(2)(A)(iii) election to arrangement where the income • The section 833(c)(5) percentage be taxed on taxable investment attributable to that payment or accrual on line 13(c). income. If the corporation satisfies the is directly or indirectly offset by certain If you checked “No,” enter zero on specified holder/specified asset test in deductions involving hybridity incurred Schedule H, line 6, and Schedule A, section 831(b)(2)(B)(i)(II), the by a related party or according to a line 34a. You cannot take the special corporation should answer “Yes” for structured arrangement. However, deduction. See the instructions for question 14(b). If the corporation does section 267A does not apply if a de Schedule H. not satisfy either the diversification minimis exception is satisfied. See requirements of section 831(b)(2)(B) Regulations section 1.267A-1(c). For Also, if you checked “No,” your (i)(I) or section 831(b)(2)(B)(i)(II) for purposes of section 267A, interest deduction of unearned premiums is the tax year (answering “No” for both and royalties are defined broadly. For limited. See the instructions for questions), the corporation is not a additional information about Schedule E for more information. small company and, therefore, is not arrangements subject to section Question 14 eligible to be taxed on taxable 267A, see Regulations sections investment income under section 1.267A-2 and 1.267A-4. Also, see the Only a corporation that qualifies as a 831(b) in lieu of the tax otherwise anti-avoidance rule under Regulations small company under section 831(b) applicable under section 831(a). section 1.267A-5(b)(6). (2) is eligible to elect to be taxed on taxable investment income under Question 15 Extent to which deduction is disal- section 831(b) in lieu of the tax If the corporation had gross receipts lowed. When section 267A applies otherwise applicable under section of at least $500 million in any 1 of the to interest or royalties paid or accrued 831(a). See section 831(b)(2)(A)(iii). 3 preceding tax years, complete Form pursuant to a hybrid arrangement, it Section 831(b)(2)(A)(ii) provides that 8991 and attach it to this return. For generally disallows a deduction for the a corporation must meet the this purpose, the corporation's gross amount to the extent that, under the diversification requirements in section receipts include the gross receipts of foreign tax law, there is not a 831(b)(2)(B) to qualify as a small all persons aggregated with the corresponding income inclusion company. A corporation meets the corporation, as specified in section (including long-term deferral). diversification requirements if under 59A(e)(3). See the Instructions for However, the deduction is not section 831(b)(2)(B)(i)(I) no more than Form 8991 to determine if the disallowed to the extent the amount is 20% of the net written premiums (or, if corporation is subject to the base directly or indirectly included in greater, direct written premiums) of erosion minimum tax. income in the United States, such as if such corporation for the tax year is the amount is taken into account with attributable to any one policyholder. Question 16 respect to a U.S. shareholder under However, a corporation that does not If the corporation paid or accrued any section 951(a) or section 951A. For meet this 20% test can meet the interest or royalty for which a additional information, see diversification requirement under deduction is not allowed under Regulations sections 1.267A-2 section 831(b)(2)(B) if no person who section 267A, check "Yes" and enter through 1.267A-4. For examples holds (directly or indirectly) an interest the total amount of interest and royalty -24- Instructions for Form 1120-PC (2022) |
Page 25 of 27 Fileid: … ns/i1120pc/2022/a/xml/cycle05/source 14:21 - 9-Feb-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. illustrating the application of section The balance sheets should agree 267A, see Regulations section with the corporation's books and Schedule M-1— 1.267A-6. records. Reconciliation of Income Question 17 If filing a consolidated return, report (Loss) per Books With Check “Yes” if the taxpayer has an total consolidated assets, liabilities, Income (Loss) per Return election in effect to exclude a real and shareholders’ equity for all In completing Schedule M-1, the property trade or business or a corporations joining in the return. See following apply. farming business from section 163(j). Consolidated returns, earlier. • All insurance companies required to For more information, see section Corporations with total assets file Form 1120-PC with total assets 163(j) and the Instructions for Form (nonconsolidated or consolidated for (nonconsolidated or consolidated for 8990. all corporations included within the tax all corporations included within the tax Question 18 consolidation group) of $10 million or consolidation group) of $10 million or more on the last day of the tax year Generally, a taxpayer with a trade or more on the last day of the tax year must file Schedule M-3 (Form business must file Form 8990 to claim must file Schedule M-3 (Form 1120-PC) instead of Schedule M-1. a deduction for business interest. In 1120-PC) instead of Schedule M-1. See the separate Instructions for addition, Form 8990 must be filed by See Schedule M-3 (Form 1120-PC), Schedule M-3 (Form 1120-PC) for any taxpayer that owns an interest in a earlier. provisions that also affect Schedule L. partnership with current year, or prior • A corporation filing Form 1120-PC year carryover, excess business Line 1. Cash. Include certificates of that is not required to file interest expense allocated from the deposit as cash on this line. Schedule M-3 (Form 1120-PC) may voluntarily file Schedule M-3 (Form partnership. Line 5. Tax-exempt securities. 1120-PC) instead of Schedule M-1. Exclusions from filing. A taxpayer Include on this line: See the Instructions for Schedule M-3 is not required to file Form 8990 if the • State and local government (Form 1120-PC) for more information. taxpayer is a small business taxpayer obligations, the interest on which is (defined below) and does not have excludable from gross income under Line 5c. Travel and entertainment. excess business interest expense section 103(a); and Include on line 5c any of the following. from a partnership. A taxpayer is also • Stock in a mutual fund or other RIC • Entertainment expenses not not required to file Form 8990 if the that distributed exempt-interest deductible under section 274(a). taxpayer only has business interest dividends during the tax year of the • Meal expenses not deductible expense from the following excepted corporation. under section 274(n). • Expenses for the use of an trades or businesses. Line 18. Insurance liabilities. entertainment facility. • An electing real property trade or Include on this line: • The part of business gifts over $25. • business. Undiscounted unpaid losses, • Expenses of an individual over • • An electing farming business. Loss adjustment expenses, and $2,000, allocable to conventions on • • Certain utility businesses. Unearned premiums. cruise ships. Small business taxpayer. A small See section 846 for more • Employee achievement awards of business taxpayer is not subject to the information. nontangible or tangible property over business interest expense limitation $400 ($1,600 if part of a qualified and is not required to file Form 8990. Line 27. Adjustments to sharehol- A small business taxpayer is a ders' equity. Some examples of plan). taxpayer that (a) is not a tax shelter adjustments to report on this line • The cost of skyboxes. (as defined in section 448(d)(3)); and include: • Nondeductible club dues. (b) meets the gross receipts test of • Unrealized gains and losses on • The part of luxury water travel section 448(c), discussed next. securities held “available for sale,” expenses not deductible under • Foreign currency translation section 274(m). Gross receipts test. For tax years adjustments, • Expenses for travel as a form of beginning in 2022, a taxpayer meets • The excess of additional pension education. the gross receipts test if the taxpayer liability over unrecognized prior • Other nondeductible travel and has average annual gross receipts of service cost, entertainment expenses. $27 million or less for the 3 prior tax • Guarantees of ESOP debt, and For more information, see Pub. years. See section 448(c) and the • Compensation related to employee 535. Instructions for Form 8990 for stock award plans. Line 7a. Tax-exempt interest. additional information. If the total adjustment to be entered Report any tax-exempt interest on line 27 is a negative amount, enter received or accrued, including any Schedule L—Balance the amount in parentheses. exempt-interest dividends received as Sheets per Books a shareholder in a mutual fund or other RIC. Also, report this same Note. All insurance companies amount on Schedule I, item 10. required to file Form 1120-PC must complete Schedule L. Instructions for Form 1120-PC (2022) -25- |
Page 26 of 27 Fileid: … ns/i1120pc/2022/a/xml/cycle05/source 14:21 - 9-Feb-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Paperwork Reduction Act Notice. We ask for the information on these forms to carry out the Internal Revenue laws of the United States. You are required to give us the information. We need it to ensure that you are complying with these laws and to allow us to figure and collect the right amount of tax. You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the form displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as long as their contents may become material in the administration of any Internal Revenue law. Generally, tax returns and return information are confidential, as required by section 6103. The time needed to complete and file this form will vary depending on individual circumstances. The estimated burden for business taxpayers filing this form is approved under OMB control number 1545-0123 and is included in the estimates shown in the instructions for their business income tax return. If you have comments or suggestions for making this form and related schedules simpler, we would be happy to hear from you. You can send us comments through IRS.gov/FormComments. Or you can write to: Internal Revenue Service Tax Forms and Publications 1111 Constitution Ave. NW, IR-6526 Washington, DC 20224 Do not send the tax form to this address. Instead, see Where To File, earlier. -26- Instructions for Form 1120-PC (2022) |
Page 27 of 27 Fileid: … ns/i1120pc/2022/a/xml/cycle05/source 14:21 - 9-Feb-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Index Prorated amounts 18 Related party A Undiscounted unearned L transactions 12 Accounting methods 5 premiums 20 Limitation on Accounting methods, Depository methods of tax dividends-received S change in 5 payment 4 deduction 20 Schedule: Accounting period (tax Disclosure statement 5 Limitations on A 10 year) 5 deductions 12 B, Part I 17 Address change 8 E Lobbying expenses 16 B, Part II 18 Adjustments to Electronic deposit of tax C 18 shareholders' equity 25 refund of $1 million or M E 20 Affiliated group 23 more 10 Medical loss ratio 5 21 23, - F 21 Amended return 8 Electronic federal tax Medical loss ratio (MLR) 20 G 22 Amortization 12 payment system Assembling the return 3 (EFTPS) 4 Minimum tax: H 22 Electronic filing 2 Prior year, credit for 8 I 22 B Employer identification L 25 number (EIN) 7 N M-1 25 Backup withholding 10 Estimated tax: NAIC annual statement 3 M-3 7 Base erosion minimum Payments 4 9, Name change 8 Section 953 election 7 tax 8 Penalty 4 10, Net operating loss 17 Blue Cross or Blue Extension of time to file 3 T Shield 20 23, O Tax and payments 8 Business start-up F Other deductions 15 Tax issues, unresolved 1 expenses 12 Final return 8 Owner's country 23 Tax rate 8 C Foreign corporations 9 Tax-exempt securities 25 Charitable contributions 14 Foreign person 23 P Travel, meals, and entertainment 16 Consolidated return 6 Foreign tax credit 8 Paid preparer Controlled group: Forms and publications, authorization 3 Member of 8 Penalties 4 10, U how to get 2 Pension, profit-sharing, etc. Uncertain tax positions 23 Parent-subsidiary 8 G plans 15 D General business credit 8 Period covered 6 W Golden parachute Personal holding company When to file, extension 3 Deductions 12 payments 12 tax 9 Where to file 2 Definitions 18 Private delivery services 3 Who must file: 100% dividend 18 I Exceptions 2 Applicable interest rate 20 R Life insurance companies 2 Applicable statutory Insurance liabilities 25 premium recognition Interest due on late Recordkeeping 5 Who must sign 3 pattern 20 payment of tax 4 Worksheet for Schedule C 20 -27- |