Userid: CPM Schema: instrx Leadpct: 100% Pt. size: 9 Draft Ok to Print AH XSL/XML Fileid: … ions/i1120/2022/a/xml/cycle08/source (Init. & Date) _______ Page 1 of 31 16:38 - 30-Jan-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 U.S. Corporation Income Tax Return Section references are to the Internal Revenue Advanced manufacturing investment Code unless otherwise noted. Future Developments credit. A corporation that held a qualified Contents Page For the latest information about investment in an advanced manufacturing developments related to Form 1120 and facility that is placed in service after Future Developments . . . . . . . . . . . . 1 its instructions, such as legislation December 31, 2022, can elect to treat the What’s New . . . . . . . . . . . . . . . . . . 1 enacted after they were published, go to credit for the advanced manufacturing Photographs of Missing Children . . . . 1 IRS.gov/Form1120. investment as a deemed payment. If the The Taxpayer Advocate Service . . . . . 1 election is made, the corporation is treated Direct Deposit of Refund . . . . . . . . . . 2 What’s New as making a payment against tax by the How To Make a Contribution To amount of the credit. See section 48D. Reduce Debt Held by the Increase in penalty for failure to file. Public . . . . . . . . . . . . . . . . . . . 2 For returns due in 2023, the minimum See the Instructions for Form 3468 for How To Get Forms and penalty for failure to file a return that is information on how to report the deemed Publications . . . . . . . . . . . . . . . 2 more than 60 days late has increased to credit on the corporation's return. General Instructions . . . . . . . . . . . . . 2 the smaller of the tax due or $450. See Principal business activity codes. The Purpose of Form . . . . . . . . . . . . . . . 2 Late filing of return, later. list of principal business activity (PBA) Who Must File . . . . . . . . . . . . . . . . 2 Form 1120-W now historical. Form codes has been updated. See Principal When To File . . . . . . . . . . . . . . . . . 3 1120-W, Estimated Tax for Corporations, Business Activity Codes. Where To File . . . . . . . . . . . . . . . . . 4 and the Instructions for Form 1120-W are Who Must Sign . . . . . . . . . . . . . . . . 3 now historical. The 2022 Form 1120-W Photographs of Paid Preparer Authorization . . . . . . . . 4 (released in 2021) and the 2022 Missing Children Assembling the Return . . . . . . . . . . . 4 Instructions for Form 1120-W (released in The Internal Revenue Service is a proud Tax Payments . . . . . . . . . . . . . . . . 4 2021) will be the last revision of both the partner with the National Center for Estimated Tax Payments . . . . . . . . . 5 form and its instructions. Prior versions will Missing & Exploited Children® (NCMEC). Interest and Penalties . . . . . . . . . . . . 5 be available on IRS.gov. Photographs of missing children selected Accounting Methods . . . . . . . . . . . . 5 Payroll credit for COVID-related paid by the Center may appear in instructions Accounting Period . . . . . . . . . . . . . . 6 sick leave and family leave. Generally, on pages that would otherwise be blank. Rounding Off to Whole Dollars . . . . . . 6 the credit for qualified sick and family You can help bring these children home Recordkeeping . . . . . . . . . . . . . . . . 6 leave wages, as enacted under the by looking at the photographs and calling Other Forms and Statements That Families First Coronavirus Response Act 1-800-THE-LOST (1-800-843-5678) if you May Be Required . . . . . . . . . . . 6 (FFCRA) and amended and extended by recognize a child. Specific Instructions . . . . . . . . . . . . . 7 the COVID-related Tax Relief Act of 2020, Period Covered . . . . . . . . . . . . . . . 7 and the credit for qualified sick and family The Taxpayer Advocate Name and Address . . . . . . . . . . . . . 7 leave wages, as enacted under the Service Identifying Information . . . . . . . . . . . 8 American Rescue Plan Act of 2021 (the Employer Identification Number ARP), have expired. However, employers The Taxpayer Advocate Service (TAS) is (EIN) . . . . . . . . . . . . . . . . . . . 8 that paid qualified sick and family leave an independent organization within the Total Assets . . . . . . . . . . . . . . . . . . 9 wages in 2022 for leave taken after March IRS that helps taxpayers and protects 31, 2020, and before October 1, 2021, taxpayer rights. TAS's job is to ensure that Initial Return, Final Return, Name may be eligible to claim a credit for every taxpayer is treated fairly and knows Change, or Address Change . . . . 9 and understands their rights under the Income . . . . . . . . . . . . . . . . . . . . . 9 qualified sick and family leave wages in 2022. See the March 2022 revision of the Taxpayer Bill of Rights. Deductions . . . . . . . . . . . . . . . . . 10 Instructions for Form 941 and the 2022 As a taxpayer, the corporation has Schedule C. Dividends, Inclusions, Instructions for Form 944 for more rights that the IRS must abide by in its and Special Deductions . . . . . . 17 information. There is no double tax benefit dealings with the corporation. TAS can Schedule J. Tax Computation and allowed and the amounts claimed are help the corporation if: Payment . . . . . . . . . . . . . . . . 19 reportable as income. See Line 10. Other A problem is causing financial difficulty • Schedule K. Other Information . . . . . 21 Income, later. for the business; Schedule L. Balance Sheets per Books . . . . . . . . . . . . . . . . . . 24 Alternative minimum tax. For tax years • The business is facing an immediate Schedule M-1. Reconciliation of beginning after December 31, 2022, the threat of adverse action; or Income (Loss) per Books With Inflation Reduction Act of 2022 (IRA) • The corporation has tried repeatedly to Income per Return . . . . . . . . . . 24 imposes a corporate alternative minimum contact the IRS but no one has Schedule M-2. Analysis of tax (AMT). Applicable corporations (within responded, or the IRS hasn't responded Unappropriated Retained the meaning of section 59(k)) may be by the date promised. Earnings per Books . . . . . . . . . 25 required to pay this AMT. Short-period Principal Business Activity Codes . . . 28 filers with a tax year beginning after TAS has offices in every state, the Index . . . . . . . . . . . . . . . . . . . . . 31 December 31, 2022, and ending before District of Columbia, and Puerto Rico. December 31, 2023, see section 55 and Local advocates' numbers are in their the instructions for Schedule J, line 9g, local directories and at later. TaxpayerAdvocate.IRS.gov. The Jan 30, 2023 Cat. No. 11455T |
Page 2 of 31 Fileid: … ions/i1120/2022/a/xml/cycle08/source 16:38 - 30-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. corporation can also call TAS at all of the forms and publications it may extent that regular interests issued by the 877-777-4778. need on IRS.gov/FormsPubs. Otherwise, FASIT before October 22, 2004, continue the corporation can go to IRS.gov/ to remain outstanding in accordance with TAS also works to resolve large-scale OrderForms to place an order and have their original terms. or systemic problems that affect many forms mailed to it. If a corporation holds an ownership taxpayers. If the corporation knows of one of these broad issues, please report it to interest in a FASIT to which these special TAS through the Systemic Advocacy General Instructions rules apply, it must report all items of Management System at IRS.gov/SAMS. income, gain, deductions, losses, and credits on the corporation's income tax For more information, go to IRS.gov/ Purpose of Form return (except as provided in section Advocate. Use Form 1120, U.S. Corporation Income 860H). Show a breakdown of the items on Tax Return, to report the income, gains, an attached statement. For more losses, deductions, credits, and to figure information, see sections 860H and 860L Direct Deposit of Refund the income tax liability of a corporation. (repealed with certain exceptions). To request a direct deposit of the corporation's income tax refund into an Foreign-owned domestic disregarded account at a U.S. bank or other financial Who Must File entities. If a foreign person, including a institution, attach Form 8050, Direct Unless exempt under section 501, all foreign corporation, wholly owns a Deposit of Corporate Tax Refund. See the domestic corporations (including domestic disregarded entity (DE), the instructions for line 37. corporations in bankruptcy) must file an domestic DE is treated as a domestic income tax return whether or not they corporation separate from its owner (the have taxable income. Domestic foreign corporation) for the limited How To Make a corporations must file Form 1120, unless purposes of the requirements under Contribution To Reduce they are required, or elect to file a special section 6038A that apply to 25% Debt Held by the Public return. See Special Returns for Certain foreign-owned domestic corporations. To help reduce debt held by the public, Organizations, later. While a DE is not required to file a U.S. make a check payable to “Bureau of the Entities electing to be taxed as corpo- income tax return, a DE covered by these Fiscal Service.” Send it to: rations. A domestic entity electing to be rules is required to file a pro forma Form classified as an association taxable as a 1120 with Form 5472 attached by the due Bureau of the Fiscal Service corporation must file Form 1120, unless it date (including extensions) of the return. Attn: Dept G is required to or elects to file a special See the Instructions for Form 5472 for P.O. Box 2188 return listed under Special Returns for additional information and coordination Parkersburg, WV 26106-2188 Certain Organizations. The entity must with Form 5472 reporting by the domestic also file Form 8832, Entity Classification DE. Or, enclose the check with the Election, and attach a copy of Form 8832 Qualified opportunity fund. To certify corporation's income tax return. In the to Form 1120 (or the applicable return) for as a qualified opportunity fund (QOF), the memo section of the check, make a note the year of the election. For more corporation must file Form 1120 and that it is a gift to reduce the debt held by information, see Form 8832 and its attach Form 8996, even if the corporation the public. For information on how to make instructions. had no income or expenses to report. See this type of contribution online, go to Schedule K, Question 25, later. Also, see Limited liability companies (LLC). If an www.treasurydirect.gov and click on “How the Instructions for Form 8996. entity with more than one owner was to Make a Contribution to Reduce the formed as an LLC under state law, it is Debt.” Qualified opportunity investment. If generally treated as a partnership for the corporation held a qualified investment Do not add the contributions to any tax federal income tax purposes and files in a QOF at any time during the year, the the corporation may owe. See the Form 1065, U.S. Return of Partnership corporation must file its return with Form instructions for line 35 for details on how to Income. Generally, a single-member LLC 8997 attached. See the instructions for pay any tax the corporation owes. is disregarded as an entity separate from Form 8997. Contributions to reduce debt held by the its owner and reports its income and public are deductible subject to the rules deductions on its owner's federal income Special Returns for and limitations for charitable contributions. tax return. The LLC can file a Form 1120 only if it has filed Form 8832 to elect to be Certain Organizations How To Get Forms treated as an association taxable as a corporation. For more information about Instead of filing Form 1120, certain organizations, and Publications LLCs, see Pub. 3402, Taxation of Limited as shown below, file special returns. Internet. You can access the IRS website Liability Companies. If the organization is a: File Form 24 hours a day, 7 days a week, at IRS.gov Corporations engaged in farming. A ▼ ▼ to: corporation (other than a corporation that • Download forms, instructions, and is a subchapter T cooperative) that Exempt organization with unrelated trade or 990-T publications; engages in farming should use Form 1120 business income • Order IRS products online; to report the income (loss) from such • Research your tax questions online; activities. Enter the income and Religious or apostolic • Search publications online by topic or deductions of the corporation according to organization exempt 1065 keyword; the instructions for lines 1 through 10 and under section 501(d) • View Internal Revenue Bulletins (IRBs) 12 through 29. published in recent years; and Entity formed as a • Sign up to receive local and national tax Ownership interest in a Financial As- limited liability company news by email. set Securitization Investment Trust under state law and 1065 (FASIT). Special rules apply to a FASIT in treated as a partnership Tax forms and publications. The existence on October 22, 2004, to the for federal income tax corporation can view, print, or download purposes -2- Instructions for Form 1120 |
Page 3 of 31 Fileid: … ions/i1120/2022/a/xml/cycle08/source 16:38 - 30-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. does not, however, apply to certain 30, and must file by the 15th day of the 3rd Subchapter T returns. month after the end of its tax year. cooperative association 1120-C (including a farmers' Certain corporations with total assets of If the due date falls on a Saturday, cooperative) Sunday, or legal holiday, the corporation $10 million or more that file at least 250 Entity that elects to be returns a year are required to e-file Form can file on the next business day. treated as a real estate 1120. See Regulations section mortgage investment 1066 301.6011-5. However, these corporations Private Delivery Services conduit (REMIC) under can request a waiver of the electronic filing Corporations can use certain private section 860D requirements. delivery services (PDS) designated by the IRS to meet the “timely mailing as timely Interest charge domestic Electronic Filing Waiver filing” rule for tax returns. Go to IRS.gov/ international sales 1120-IC-DISC The IRS may waive the electronic filing PDS. corporation (section 992) rules if the corporation demonstrates that Foreign corporation a hardship would result if it were required The PDS can tell you how to get written (other than life or to file its return electronically. A proof of the mailing date. property and casualty 1120-F corporation interested in requesting a insurance company filing waiver of the mandatory electronic filing For the IRS mailing address to use if Form 1120-L or Form requirement must file a written request, you’re using a PDS, go to IRS.gov/ 1120-PC) and request one in the manner prescribed PDSstreetAddresses. by the Ogden Submission Processing Private delivery services can't Foreign sales 1120-FSC Center. All written requests for waivers ! deliver items to P.O. boxes. You corporation (section 922) CAUTION should be mailed to: must use the U.S. Postal Service Condominium to mail any item to an IRS P.O. box management, residential Internal Revenue Service address. real estate Ogden Submission Processing management, or Center Extension of Time To File timeshare association 1120-H Attn: Form 1120 e-file Waiver File Form 7004, Application for Automatic that elects to be treated Request Extension of Time To File Certain as a homeowners Mail Stop 1057 Business Income Tax, Information, and association under section 528 Ogden, UT 84201 Other Returns, to request an extension of time to file. Generally, the corporation Life insurance company 1120-L If using a delivery service, requests for must file Form 7004 by the regular due (section 801) waivers should be mailed to: date of the return. See the Instructions for Form 7004. Fund set up to pay for Internal Revenue Service nuclear 1120-ND Ogden Submission Processing decommissioning costs Center Who Must Sign (section 468A) The return must be signed and dated by: Attn: Form 1120 e-file Waiver Property and casualty Request • The president, vice president, treasurer, insurance company 1120-PC Mail Stop 1057 assistant treasurer, chief accounting (section 831) 1973 N. Rulon White Blvd. officer; or Ogden, UT 84404 • Any other corporate officer (such as tax Political organization 1120-POL officer) authorized to sign. (section 527) Waiver requests can also be faxed to If a return is filed on behalf of a 877-477-0575. Contact the e-Help Desk at corporation by a receiver, trustee, or trust (section 856) Real estate investment 1120-REIT 866-255-0654 for questions regarding the assignee, the fiduciary must sign the waiver procedures or process. return, instead of the corporate officer. Regulated investment 1120-RIC Returns and forms signed by a receiver or company (section 851) For more information, see Guidance on Waivers for Corporations Unable to Meet trustee in bankruptcy on behalf of a S corporation (section 1120-S e-file Requirements on IRS.gov. corporation must be accompanied by a 1361) copy of the order or instructions of the court authorizing signing of the return or Settlement fund 1120-SF When To File form. (section 468B) Generally, a corporation must file its income tax return by the 15th day of the Paid Preparer Use Only section. If an 4th month after the end of its tax year. A employee of the corporation completes Electronic Filing new corporation filing a short-period return Form 1120, the paid preparer section Corporations can generally electronically must generally file by the 15th day of the should remain blank. Anyone who file (e-file) Form 1120, related forms, 4th month after the short period ends. A prepares Form 1120 but does not charge schedules, and attachments; Form 7004 corporation that has dissolved must the corporation should not complete that (automatic extension of time to file); and generally file by the 15th day of the 4th section. Generally, anyone who is paid to Forms 940, 941, and 944 (employment tax month after the date it dissolved. prepare the return must sign and complete returns). If there is a balance due, the the section. corporation can authorize an electronic However, a corporation with a fiscal tax The paid preparer must complete the funds withdrawal while e-filing. Form 1099 year ending June 30 must file by the 15th required preparer information and: and other information returns can also be day of the 3rd month after the end of its • Sign the return in the space provided electronically filed. The option to e-file tax year. A corporation with a short tax for the preparer's signature, year ending anytime in June will be • Include their Preparer Tax Identification treated as if the short year ended on June Number (PTIN), and Instructions for Form 1120 -3- |
Page 4 of 31 Fileid: … ions/i1120/2022/a/xml/cycle08/source 16:38 - 30-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • Give a copy of the return to the taxpayer. Where To File A paid preparer may sign original File the corporation's return at the applicable IRS address listed below. TIP or amended returns by rubber stamp, mechanical device, or If the corporation's principal And the total assets at computer software program. business, office, or agency the end of the tax year is located in: are: Use the following address: Paid Preparer Connecticut, Delaware, District Less than $10 million Department of the Treasury of Columbia, Georgia, Illinois, and Schedule M-3 is not Internal Revenue Service Center Authorization Indiana, Kentucky, Maine, filed Kansas City, MO 64999-0012 If the corporation wants to allow the IRS to Maryland, Massachusetts, $10 million or more, or Department of the Treasury discuss its 2022 tax return with the paid Michigan, New Hampshire, less than $10 million and Internal Revenue Service Center preparer who signed it, check the “Yes” New Jersey, New York, North Schedule M-3 is filed Ogden, UT 84201-0012 box in the signature area of the return. Carolina, Ohio, Pennsylvania, This authorization applies only to the Rhode Island, South Carolina, individual whose signature appears in the Tennessee, Vermont, Virginia, “Paid Preparer Use Only” section of the West Virginia, Wisconsin return. It does not apply to the firm, if any, shown in that section. Alabama, Alaska, Arizona, Arkansas, California, If the “Yes” box is checked, the Colorado, Florida, Hawaii, corporation is authorizing the IRS to call Idaho, Iowa, Kansas, the paid preparer to answer any questions Louisiana, Minnesota, Department of the Treasury that may arise during the processing of its Mississippi, Missouri, Any amount Internal Revenue Service Center return. The corporation is also authorizing Montana, Nebraska, Nevada, Ogden, UT 84201-0012 the paid preparer to: New Mexico, North Dakota, • Give the IRS any information that is Oklahoma, Oregon, South missing from the return; Dakota, Texas, Utah, • Call the IRS for information about the Washington, Wyoming processing of the return or the status of A foreign country or U.S. Internal Revenue Service Center any related refund or payment(s); and possession Any amount P.O. Box 409101 • Respond to certain IRS notices about Ogden, UT 84409 math errors, offsets, and return preparation. A group of corporations with members located in more than one service center area will often keep all the books and records at the principal office of the managing corporation. In this case, The corporation is not authorizing the the tax returns of the corporations may be filed with the service center for the area in which the paid preparer to receive any refund check, principal office of the managing corporation is located. bind the corporation to anything (including any additional tax liability), or otherwise represent the corporation before the IRS. 13. Form 6252. withheld, attach such form(s) to the The authorization will automatically end 14. Form 8997. corporation’s income tax return to claim a no later than the due date (excluding withholding credit. The corporation should extensions) for filing the corporation's 15. Additional schedules in report the tax withheld on Schedule J, Part 2023 tax return. If the corporation wants to alphabetical order. III, line 20d. See the instructions for expand the paid preparer's authorization 16. Additional forms in numerical order. Schedule J, Part III, line 20d. or revoke the authorization before it ends, 17. Supporting statements and see Pub. 947, Practice Before the IRS and attachments. Tax Payments Power of Attorney. Generally, the corporation must pay any Complete every applicable entry space Assembling the Return on Form 1120. Do not enter “See tax due in full no later than the due date for Attached” or “Available Upon Request” filing its tax return (not including To ensure that the corporation's tax return extensions). See the instructions for instead of completing the entry spaces. If is correctly processed, attach all line 35. If the due date falls on a Saturday, more space is needed on the forms or schedules and other forms after page 6 of Sunday, or legal holiday, the payment is schedules, attach separate sheets using Form 1120 in the following order. due on the next day that isn't a Saturday, the same size and format as the printed 1. Schedule N (Form 1120). forms. Sunday, or legal holiday. 2. Schedule D (Form 1120). Electronic Deposit If there are supporting statements and 3. Form 4797. Requirement attachments, arrange them in the same 4. Form 8949. order as the schedules or forms they Corporations must use electronic funds 5. Form 8996. support and attach them last. Show the transfer to make all federal tax deposits 6. Form 8050. totals on the printed forms. Enter the (such as deposits of employment, excise, corporation's name and EIN on each and corporate income tax). Generally, 7. Form 1125-A. supporting statement or attachment. electronic funds transfers are made using 8. Form 4136. the Electronic Federal Tax Payment 9. Form 8978. Note. If the corporation had tax withheld System (EFTPS). However, if the under Chapter 3 or 4 of the Internal corporation does not want to use EFTPS, 10. Form 965-B. Revenue Code and received a Form it can arrange for its tax professional, 11. Form 8941. 1042-S, Form 8805, or Form 8288-A financial institution, payroll service, or 12. Form 3800. showing the amount of income tax other trusted third party to make deposits -4- Instructions for Form 1120 |
Page 5 of 31 Fileid: … ions/i1120/2022/a/xml/cycle08/source 16:38 - 30-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. on its behalf. Also, it may arrange for its • If the corporation overpaid estimated income, social security, and Medicare financial institution to submit a same-day tax, it may be able to get a quick refund by taxes that must be collected or withheld payment (discussed below) on its behalf. filing Form 4466, Corporation Application are not collected or withheld, or these EFTPS is a free service provided by the for Quick Refund of Overpayment of taxes are not paid. These taxes are Department of the Treasury. Services Estimated Tax. See the instructions for generally reported on: provided by a tax professional, financial Schedule J, Part III, line 15, later. • Form 720, Quarterly Federal Excise institution, payroll service, or other third Tax Return; party may have a fee. See section 6655 for more information • Form 941, Employer's QUARTERLY on how to figure estimated taxes. Federal Tax Return; To get more information about EFTPS • Form 943, Employer's Annual Federal or to enroll in EFTPS, visit EFTPS.gov or Estimated tax penalty. A corporation Tax Return for Agricultural Employees; call 800-555-4477. To contact EFTPS that does not make estimated tax • Form 944, Employer's ANNUAL using the Telecommunications Relay payments when due may be subject to an Federal Tax Return; or Services (TRS), for people who are deaf, underpayment penalty for the period of • Form 945, Annual Return of Withheld hard of hearing, or have a speech underpayment. Generally, a corporation is Federal Income Tax. disability, dial 711 and provide the TRS subject to the penalty if its tax liability is assistant the 800-555-4477 number above $500 or more and it did not timely pay at The trust fund recovery penalty may be or 800-733-4829. least the smaller of: imposed on all persons who are Depositing on time. For any deposit • Its tax liability for the current year, or determined by the IRS to have been made by EFTPS to be on time, the • Its prior year's tax. responsible for collecting, accounting for, or paying over these taxes, and who acted corporation must submit the deposit by 8 Use Form 2220, Underpayment of willfully in not doing so. The penalty is p.m. Eastern time the day before the date Estimated Tax by Corporations, to see if equal to the full amount of the unpaid trust the deposit is due. If the corporation uses the corporation owes a penalty and to fund tax. See the Instructions for Form a third party to make deposits on its figure the amount of the penalty. If Form 720, Pub. 15 (Circular E), Employer's Tax behalf, they may have different cutoff 2220 is completed, enter the penalty on Guide, or Pub. 51 (Circular A), Agricultural times. line 34. See the instructions for line 34. Employer's Tax Guide, for details, Same-day wire payment option. If the including the definition of responsible corporation fails to submit a deposit Interest and Penalties persons. transaction on EFTPS by 8 p.m. Eastern If the corporation receives a notice Note. The trust fund recovery penalty will time the day before the date a deposit is ! about penalties after it files its not apply to any amount of trust fund taxes due, it can still make its deposit on time by CAUTION return, send the IRS an an employer holds back in anticipation of using the Federal Tax Collection Service explanation and we will determine if the the credit for qualified sick and family (FTCS). To use the same-day wire corporation meets reasonable-cause leave wages or the employee retention payment method, the corporation will need criteria. Do not attach an explanation credit that they are entitled to. See Pub. 15 to make arrangements with its financial when the corporation's return is filed. or Pub. 51 for more information. institution ahead of time regarding availability, deadlines, and costs. Interest. Interest is charged on taxes Other penalties. Other penalties can be Financial institutions may charge a fee for paid late even if an extension of time to file imposed for negligence, substantial payments made this way. To learn more is granted. Interest is also charged on understatement of tax, reportable about the information the corporation will penalties imposed for failure to file, transaction understatements, and fraud. need to provide to its financial institution to negligence, fraud, substantial valuation See sections 6662, 6662A, and 6663. make a same-day wire payment, go to misstatements, substantial IRS.gov/SameDayWire. understatements of tax, and reportable transaction understatements from the due Accounting Methods Estimated Tax Payments date (including extensions) to the date of Figure taxable income using the method of payment. The interest charge is figured at accounting regularly used in keeping the Generally, the following rules apply to the a rate determined under section 6621. corporation's books and records. In all corporation's payments of estimated tax. Late filing of return. A corporation that cases, the method used must clearly show • The corporation must make installment does not file its tax return by the due date, taxable income. Permissible methods payments of estimated tax if it expects its including extensions, may be penalized include cash, accrual, or any other method total tax for the year (less applicable 5% of the unpaid tax for each month or authorized by the Internal Revenue Code. credits) to be $500 or more. part of a month the return is late, up to a • The installments are due by the 15th maximum of 25% of the unpaid tax. The Generally, the following rules apply. For day of the 4th, 6th, 9th, and 12th months minimum penalty for a return that is more more information, see Pub. 538, of the tax year. If any date falls on a than 60 days late is the smaller of the tax Accounting Periods and Methods. Saturday, Sunday, or legal holiday, the due or $450. The penalty will not be • A corporation, or a partnership that has installment is due on the next regular imposed if the corporation can show that a corporation as a partner, cannot use the business day. the failure to file on time was due to cash method of accounting unless it is a • The corporation must use electronic reasonable cause. See Caution, earlier. small business taxpayer (defined later). A funds transfer to make installment tax shelter (defined in section 448(d)(3)) Late payment of tax. A corporation that payments of estimated tax. may never use the cash method. See does not pay the tax when due may sections 448(a)(1) through (a)(3). generally be penalized / of 1% of the • If, after the corporation figures and 1 2 However, see Nonaccrual experience deposits estimated tax, it finds that its tax unpaid tax for each month or part of a liability for the year will be more or less method for service providers in the month the tax is not paid, up to a than originally estimated, it may have to instructions for line 1a. maximum of 25% of the unpaid tax. See refigure its required installments. If earlier • Unless it is a small business taxpayer Caution, earlier. installments were underpaid, the (defined below), a corporation must use corporation may owe a penalty. See Trust fund recovery penalty. This an accrual method for sales and Estimated tax penalty, later. penalty may apply if certain excise, Instructions for Form 1120 -5- |
Page 6 of 31 Fileid: … ions/i1120/2022/a/xml/cycle08/source 16:38 - 30-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. purchases of inventory items. See the December 22, 2019. See section 481(d). filed, whichever is later. Keep records that instructions for Form 1125-A. Also, see the Instructions for Form 3115. verify the corporation's basis in property • A corporation engaged in farming must Exceptions to the general section for as long as they are needed to figure use an accrual method. For exceptions, 481(a) adjustment period may apply. Also, the basis of the original or replacement see section 447 and Pub. 225. in some cases, a corporation can elect to property. • Special rules apply to long-term modify the section 481(a) adjustment The corporation should keep copies of contracts. See section 460. period. The corporation may have to all filed returns. They help in preparing • Dealers in securities must use the complete the appropriate lines of Form future and amended returns and in the mark-to-market accounting method. 3115 to make an election. See the calculation of earnings and profits. Dealers in commodities and traders in Instructions for Form 3115 for more securities and commodities can elect to information and exceptions. Other Forms and use the mark-to-market accounting method. See section 475. If the net section 481(a) adjustment is positive, report the ratable portion on Form Statements That May Be Small business taxpayer. For tax years 1120, line 10, as other income. If the net Required beginning in 2022, a corporation qualifies section 481(a) adjustment is negative, Amended return. Use Form 1120-X, as a small business taxpayer if (a) it has report the ratable portion on line 26 as a Amended U.S. Corporation Income Tax average annual gross receipts of $27 deduction. Return, to correct a previously filed Form million or less for the 3 prior tax years, and 1120. (b) it is not a tax shelter (as defined in Accounting Period section 448(d)(3)). A corporation must figure its taxable Reportable transaction disclosure A small business taxpayer can account income on the basis of a tax year. A tax statement. Disclose information for each for inventory by (a) treating the inventory year is the annual accounting period a reportable transaction in which the as non-incidental materials and supplies, corporation uses to keep its records and corporation participated. Form 8886, or (b) conforming to its treatment of report its income and expenses. Reportable Transaction Disclosure inventory in an applicable financial Generally, corporations can use a Statement, must be filed for each tax year statement (as defined in section 451(b) calendar year or a fiscal year. Personal that the federal income tax liability of the (3)). If it does not have an applicable service corporations, however, must use a corporation is affected by its participation financial statement, it can use the method calendar year unless they meet one of the in the transaction. The following are of accounting used in its books and exceptions discussed later under Personal reportable transactions. records prepared according to its Service Corporation. 1. Any listed transaction, which is a accounting procedures. transaction that is the same as or Change of tax year. Generally, a substantially similar to one of the types of Change in accounting method. corporation, including a personal service transactions that the IRS has determined Generally, the corporation must get IRS corporation, must get the consent of the to be a tax avoidance transaction and consent to change either an overall IRS before changing its tax year by filing identified by notice, regulation, or other method of accounting or the accounting Form 1128, Application To Adopt, published guidance as a listed treatment of any material item for income Change, or Retain a Tax Year. However, transaction. tax purposes. To obtain consent, the exceptions may apply. See the corporation must generally file Form 3115, Instructions for Form 1128 and Pub. 538 2. Any transaction offered under Application for Change in Accounting for more information. conditions of confidentiality for which the Method, during the tax year for which the corporation (or a related party) paid an advisor a fee of at least $250,000. change is requested. See the Instructions Rounding Off to for Form 3115 and Pub. 538 for more 3. Certain transactions for which the information and exceptions. Also see the Whole Dollars corporation (or a related party) has Instructions for Form 3115 for procedures The corporation may enter decimal points contractual protection against that may apply for obtaining automatic and cents when completing its return. disallowance of the tax benefits. consent to change certain methods of However, the corporation should round off 4. Certain transactions resulting in a accounting, non-automatic change cents to whole dollars on its return, forms, loss of at least $10 million in any single procedures, and reduced Form 3115 filing and schedules to make completing its year or $20 million in any combination of requirements. return easier. The corporation must either years. round off all amounts on its return to whole Section 481(a) adjustment. If the dollars, or use cents for all amounts. To 5. Any transaction identified by the corporation's taxable income for the round, drop amounts under 50 cents and IRS by notice, regulation, or other current tax year is figured under a method increase amounts from 50 to 99 cents to published guidance as a “transaction of of accounting different from the method the next dollar. For example, $8.40 rounds interest.” used in the preceding tax year, the to $8 and $8.50 rounds to $9. For more information, see Regulations corporation may have to make an adjustment under section 481(a) to If two or more amounts must be added section 1.6011-4. Also, see the prevent amounts of income or expense to figure the amount to enter on a line, Instructions for Form 8886. from being duplicated or omitted. The include cents when adding the amounts Penalties. The corporation may have section 481(a) adjustment period is and round off only the total. to pay a penalty if it is required to disclose generally 1 year for a net negative a reportable transaction under section adjustment and 4 years for a net positive Recordkeeping 6011 and fails to properly complete and adjustment. For an eligible terminated S Keep the corporation's records for as long file Form 8886. Penalties may also apply corporation, the section 481(a) adjustment as they may be needed for the under section 6707A if the corporation period is generally 6 years for a negative administration of any provision of the fails to file Form 8886 with its corporate or positive adjustment that is attributable Internal Revenue Code. Usually, records return, fails to provide a copy of Form to the S corporation's revocation of its that support an item of income, deduction, 8886 to the Office of Tax Shelter Analysis election under section 1362(a) after or credit on the return must be kept for 3 (OTSA), or files a form that fails to include December 21, 2017, and before years from the date the return is due or all the information required (or includes -6- Instructions for Form 1120 |
Page 7 of 31 Fileid: … ions/i1120/2022/a/xml/cycle08/source 16:38 - 30-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. incorrect information). Other penalties, basis in the stock received instead of (3) of Rev. Proc. 2021-48, and for what tax such as an accuracy-related penalty under reducing the transferee corporation's year, as applicable; section 6662A, may also apply. See the basis in the property transferred. Once 3. The amount of tax-exempt income Instructions for Form 8886 for details on made, the election is irrevocable. For from forgiveness of the PPP loan that the these and other penalties. more information, see section 362(e)(2) corporation is treating as received or and Regulations section 1.362-4. If an Reportable transactions by material accrued and for which tax year; and election is made, a statement must be advisors. Material advisors to any 4. Whether forgiveness of the PPP filed in accordance with Regulations reportable transaction must disclose loan has been granted as of the date the section 1.362-4(d)(3). certain information about the reportable return is filed. transaction by filing Form 8918 with the Annual information reporting by speci- IRS. For details, see the Instructions for fied domestic entities under section A corporation that reported tax-exempt Form 8918. 6038D. Certain domestic corporations income from the forgiveness of a PPP loan that are formed or availed of to hold on its 2020 return, the timing of which Transfers to a corporation controlled corresponds to one of the options specified foreign financial assets by the transferor. Every significant presented in Rev. Proc. 2021-48, need not (“specified domestic entities”) must file transferor (as defined in Regulations file an amended return solely to attach the Form 8938. Form 8938 must be filed each section 1.351-3(d)(1)) that receives stock statement that is described in these year the value of the corporation's of a corporation in exchange for property instructions. specified foreign financial assets is more in a nonrecognition event must include the than $50,000 on the last day of the tax If a corporation treats tax-exempt statement required by Regulations section year or more than $75,000 at any time income resulting from a PPP loan as 1.351-3(a) on or with the transferor's tax during the tax year. For more information received or accrued prior to when return for the tax year of the exchange. on domestic corporations that are forgiveness of the PPP loan is granted and The transferee corporation must include specified domestic entities and the types the amount of forgiveness granted is less the statement required by Regulations of foreign financial assets that must be than the amount of tax-exempt income section 1.351-3(b) on or with its return for reported, see the Instructions for Form that was previously treated as received or the tax year of the exchange, unless all the 8938, generally, and in particular, Who accrued, the corporation should make a required information is included in any Must File Specified Domestic Entity, , prior period adjustment on Schedule M-2 statement(s) provided by a significant Specified Foreign Financial Assets, for the tax year in which the corporation transferor that is attached to the same Interests in Specified Foreign Financial receives notice that the PPP loan was not return for the same section 351 exchange. Assets Assets Not Required To Be , fully forgiven. See the instructions for If the transferor or transferee corporation Reported, and Exceptions to Reporting. Schedule M-2 for more details. is a controlled foreign corporation (CFC), each U.S. shareholder (within the meaning In addition, a domestic corporation Other forms and statements. See Pub. of section 951(b)) must include the required to file Form 8938 with its Form 542, Corporations, for a list of other forms required statement on or with its return. 1120 for the taxable year should check and statements a corporation may need to “Yes” to Schedule N (Form 1120), file in addition to the forms and statements Distributions under section 355. Every Question 8, and also include that schedule discussed throughout these instructions. corporation that makes a distribution of with its Form 1120. stock or securities of a controlled corporation, as described in section 355 Form 8975. Certain U.S. persons that are (or so much of section 356 as it relates to the ultimate parent entity of a U.S. Specific Instructions section 355), must include the statement multinational enterprise group with annual required by Regulations section revenue for the preceding reporting period Period Covered 1.355-5(a) on or with its return for the year of $850 million or more are required to file File the 2022 return for calendar year 2022 of the distribution. A significant distributee Form 8975, Country-by-Country Report. and fiscal years that begin in 2022 and (as defined in Regulations section Form 8975 and Schedule A (Form 8975) end in 2023. For a fiscal or short tax year 1.355-5(c)) that receives stock or must be filed with the income tax return of return, fill in the tax year space at the top securities of a controlled corporation must the ultimate parent entity of a U.S. of the form. include the statement required by multinational enterprise group for the tax The 2022 Form 1120 can also be used Regulations section 1.355-5(b) on or with year in or within which the reporting period if: its return for the year of receipt. If the covered by Form 8975 ends. For more The corporation has a tax year of less distributing or distributee corporation is a information, see Form 8975, Schedule A • than 12 months that begins and ends in CFC, each U.S. shareholder (within the (Form 8975) and the Instructions for Form 2023, and meaning of section 951(b)) must include 8975, and Schedule A (Form 8975). The 2023 Form 1120 is not available at • the statement on or with its return. Paycheck Protection Program (PPP) the time the corporation is required to file Dual consolidated losses. If a domestic loans. A corporation that has tax-exempt its return. corporation incurs a dual consolidated income resulting from the forgiveness of a The corporation must show its 2023 tax loss (as defined in Regulations section PPP loan should attach a statement to its year on the 2022 Form 1120 and take into 1.1503(d)-1(b)(5)), the corporation (or return reporting each tax year for which account any tax law changes that are consolidated group) may need to attach a the corporation is applying Rev. Proc. effective for tax years beginning after domestic use agreement and/or an annual 2021-48, sections 3.01(1), (2), or (3). Any December 31, 2022. certification, as provided in Regulations statement for the current tax year should section 1.1503(d)-6(d) and (g). include the following information, for each Name and Address PPP loan: Election to reduce basis under section Enter the corporation's true name (as set 362(e)(2)(C). If property is transferred to 1. The corporation's name, address, forth in the charter or other legal document a corporation subject to section 362(e)(2), and EIN; creating it), address, and EIN on the the transferor and the transferee 2. A statement that the corporation is appropriate lines. Enter the address of the corporation may elect, under section applying or applied section 3.01(1), (2), or corporation's principal office or place of 362(e)(2)(C), to reduce the transferor's business. Include the suite, room, or other unit number after the street address. If the Instructions for Form 1120 -7- |
Page 8 of 31 Fileid: … ions/i1120/2022/a/xml/cycle08/source 16:38 - 30-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. post office does not deliver mail to the The corporation does not have to If a section 444 election is terminated street address and the corporation has a TIP provide the information requested and the termination results in a short tax P.O. box, show the box number instead. in (3), (4), and (5), above, if its year, type or print at the top of the first total receipts (line 1a plus lines 4 through page of Form 1120 for the short tax year Note. Do not use the address of the 10 on page 1 of the return) and its total “SECTION 444 ELECTION registered agent for the state in which the assets at the end of the tax year TERMINATED.” corporation is incorporated. For example, (Schedule L, line 15(d)) are less than if a business is incorporated in Delaware $250,000. See Schedule K, Question 13. Schedule M-3 (Form 1120) or Nevada and the corporation's principal A corporation with total assets office is located in Little Rock, Arkansas, For more information on consolidated (nonconsolidated or consolidated for all the corporation should enter the Little returns, see the regulations under section corporations included within a Rock address. 1502. consolidated tax group) of $10 million or more on the last day of the tax year must If the corporation receives its mail in Life-Nonlife Consolidated file Schedule M-3 (Form 1120) instead of care of a third party (such as an Return Schedule M-1. A corporation filing Form accountant or an attorney), enter on the 1120 that is not required to file street address line “C/O” followed by the If Item A, box 1a, is checked and the third party's name and street address or corporation is the common parent of a Schedule M-3 may voluntarily file P.O. box. consolidated group that includes a life Schedule M-3 instead of Schedule M-1. insurance company, also check box 1b. If the corporation has a foreign See Regulations section 1.1502-47(m) for Corporations that (a) are required to file address, include the city or town, state or the requirements for filing a consolidated Schedule M-3 (Form 1120) and have less province, country, and foreign postal tax return for a life-nonlife consolidated than $50 million total assets at the end of code. Do not abbreviate the country group. the tax year, or (b) are not required to file name. Follow the country's practice for Schedule M-3 (Form 1120) and voluntarily entering the name of the state or province Personal Holding Company file Schedule M-3 (Form 1120), must and postal code. A personal holding company must check either (i) complete Schedule M-3 (Form Item A, box 2, and attach Schedule PH 1120) entirely, or (ii) complete Item A. Identifying (Form 1120), U.S. Personal Holding Schedule M-3 (Form 1120) through Part I, Company (PHC) Tax. See the Instructions and complete Form 1120, Schedule M-1, Information for Schedule PH (Form 1120) for details. instead of completing Parts II and III of Schedule M-3 (Form 1120). If the Consolidated Return Personal Service Corporation corporation chooses to complete Corporations filing a consolidated return If the corporation is a personal service Schedule M-1 instead of completing Parts must check Item A, box 1a, and attach corporation, check Item A, box 3. A II and III of Schedule M-3, the amount on Form 851, Affiliations Schedule, and other personal service corporation is a Schedule M-1, line 1, must equal the supporting statements to the return. Also, corporation whose principal activity for the amount on Schedule M-3, Part I, line 11. for the first year a subsidiary corporation is testing period is the performance of See the Instructions for Schedule M-3 being included in a consolidated return, personal services. The testing period for a (Form 1120) for more details. Also, see attach Form 1122 to the parent's tax year is generally the prior tax year the instructions for Schedule M-1, later. consolidated return. Attach a separate unless the corporation has just been Form 1122 for each new subsidiary being formed. Personal services include any If you are filing Schedule M-3, check included in the consolidated return. activity performed in the fields of Item A, box 4, to indicate that File supporting statements for each accounting, actuarial science, Schedule M-3 is attached. corporation included in the consolidated architecture, consulting, engineering, return. Do not use Form 1120 as a health, law, and the performing arts. The Item B. Employer supporting statement. On the supporting services must be substantially performed Identification Number statement, use columns to show the by employee-owners. (EIN) following, both before and after A personal service corporation must Enter the corporation's EIN. If the adjustments. use a calendar tax year unless: corporation does not have an EIN, it must 1. Items of gross income and • It elects to use a 52-53-week tax year apply for one. An EIN can be applied for: deductions. that ends with reference to the calendar • Online—Go to IRS.gov/EIN. The EIN is 2. A computation of taxable income. year or tax year elected under section issued immediately once the application 444; information is validated. and end of the tax year. • 3. Balance sheets, as of the beginning It can establish a business purpose for • By faxing or mailing Form SS-4, a different tax year and obtains the Application for Employer Identification 4. A reconciliation of income per approval of the IRS (see the Instructions Number. books with income per return. for Form 1128 and Pub. 538); or 5. A reconciliation of retained • It elects under section 444 to have a tax Corporations located in the United earnings. year other than a calendar year. To make ! States or U.S. possessions can the election, use Form 8716, Election To CAUTION use the online application. Foreign Enter on Form 1120 the totals for each Have a Tax Year Other Than a Required corporations should call 267-941-1099 item of income, gain, loss, expense, or Tax Year. (not a toll free number) for more deduction, net of eliminating entries for information on obtaining an EIN. See the intercompany transactions between If a corporation makes the section 444 Instructions for Form SS-4. corporations within the consolidated election, its deduction for certain amounts group. Attach consolidated balance paid to employee-owners may be limited. EIN applied for, but not received. If the sheets and a reconciliation of See Schedule H (Form 1120), Section corporation has not received its EIN by the consolidated retained earnings. 280H Limitations for a Personal Service time the return is due, enter “Applied For” Corporation (PSC), to figure the maximum and the date the corporation applied in the deduction. space for the EIN. However, if the -8- Instructions for Form 1120 |
Page 9 of 31 Fileid: … ions/i1120/2022/a/xml/cycle08/source 16:38 - 30-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. corporation is filing its return electronically, defined in section 1353) at the highest gross sales, (b) cost of goods sold, (c) an EIN is required at the time the return is corporate tax rate. If the election is made, gross profits, (d) percentage of gross filed. An exception applies to subsidiaries the corporation generally may not claim profits to gross sales, (e) amount of corporations whose returns are filed any loss, deduction, or credit with respect collected, and (f) gross profit on the with the parent's electronically filed to qualifying shipping activities. A amount collected. consolidated Form 1120. These corporation making this election may also For sales of timeshares and residential subsidiaries should enter “Applied For” in elect to defer gain on the disposition of a lots reported under the installment the space for the EIN on their returns. The qualifying vessel. method, if the corporation elects to pay subsidiaries' returns are identified under Use Form 8902, Alternative Tax on interest under section 453(I)(3), the the parent corporation's EIN. Qualifying Shipping Activities, to figure the corporation's income tax is increased by For more information, see the tax. Include the alternative tax on the interest payable under section 453(l) Instructions for Form SS-4. Schedule J, Part I, line 9e. (3). Report this addition to the tax on Schedule J, Part I, line 9f. Line 1. Gross Receipts or Sales Item D. Total Assets Nonaccrual experience method for Enter the corporation's total assets (as Line 1a. Gross receipts or sales. Enter service providers. Accrual method determined by the accounting method on line 1a gross receipts or sales from all corporations are not required to accrue regularly used in keeping the corporation's business operations, except for amounts certain amounts to be received from the books and records) at the end of the tax that must be reported on lines 4 through performance of services that, based on year. If there are no assets at the end of 10. their experience, will not be collected, if: the tax year, enter -0-. Special rules apply to certain income, • The services are in the fields of health, as discussed below. law, engineering, architecture, accounting, If the corporation is required to actuarial science, performing arts or complete Schedule L, enter the total Advance payments. In general, consulting; or assets from Schedule L, line 15, column advance payments are reported in the (d), on page 1, Item D. If filing a year of receipt. For exceptions to this • The corporation meets the section 448(c) gross receipts test for all prior consolidated return, report total general rule for corporations that use the years. consolidated assets for all corporations accrual method of accounting, see the joining in the return. following. This provision does not apply to any • To report income from long-term amount if interest is required to be paid on Item E. Initial Return, Final contracts, see section 460. the amount or if there is any penalty for • For rules that allow a limited deferral of failure to timely pay the amount. See Return, Name Change, or advance payments beyond the current tax Regulations section 1.448-3 for more Address Change year, see section 451(c). Also, see information on the nonaccrual experience • If this is the corporation's first return, Regulations sections 1.451-8(c), (d), and method, including information on safe check the “Initial return” box. (e). For applicability dates, see harbor methods. • If this is the corporation's final return Regulations section 1.451-8(h). For information on a book safe harbor and it will no longer exist, check the “Final • For information on adopting or method of accounting for corporations that return” box. changing to a permissible method for use the nonaccrual experience method of • If the corporation changed its name reporting advance payments for services accounting, see Rev. Proc. 2011-46, since it last filed a return, check the “Name and certain goods by an accrual method 2011-42 I.R.B. 518 available at change” box. Generally, a corporation corporation, see the Instructions for Form IRS.gov/irb/2011-42_IRB#RP-2011-46, or must also have amended its articles of 3115. any successor. Also, see the Instructions for Form 3115 for procedures to obtain incorporation and filed the amendment Installment sales. Generally, the automatic consent to change to this with the state in which it was incorporated. installment method cannot be used for method or make certain changes within • If the corporation has changed its dealer dispositions of property. A “dealer this method. address since it last filed a return disposition” is any disposition of (a) (including a change to an “in care of” personal property by a person who Corporations that qualify to use the address), check the “Address change” regularly sells or otherwise disposes of nonaccrual experience method should box. personal property of the same type on the attach a statement showing total gross installment plan, or (b) real property held receipts, the amount not accrued because Note. If a change in address or for sale to customers in the ordinary of the application of section 448(d)(5), and responsible party occurs after the return is course of the taxpayer's trade or business. the net amount accrued. Enter the net filed, use Form 8822-B, Change of amount on line 1a. Address or Responsible Party— The restrictions on using the Business, to notify the IRS. See the installment method do not apply to the Line 1b. Returns and allowances. instructions for Form 8822-B for details. following. Enter cash and credit refunds the • Dispositions of property used or corporation made to customers for produced in the trade or business of returned merchandise, rebates, and other Income farming. allowances made on gross receipts or Except as otherwise provided in the • Certain dispositions of timeshares and sales. Internal Revenue Code, gross income residential lots reported under the includes all income from whatever source installment method for which the Line 2. Cost of Goods Sold derived. corporation elects to pay interest under Complete and attach Form 1125-A, Cost section 453(I)(3). of Goods Sold, if applicable. Enter on Exception for income from qualifying Enter on line 1a (and carry to line 3) the Form 1120, line 2, the amount from Form shipping activities. Gross income does gross profit on collections from these 1125-A, line 8. See Form 1125-A and its not include income from qualifying installment sales. Attach a statement instructions. shipping activities if the corporation makes showing the following information for the an election under section 1354 to be taxed current and the 3 preceding years: (a) on its notional shipping income (as Instructions for Form 1120 -9- |
Page 10 of 31 Fileid: … ions/i1120/2022/a/xml/cycle08/source 16:38 - 30-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Line 4. Dividends and substantially all the assets of a foreign sick and family leave wages in gross branch are transferred to a specified 10% income for the tax year that includes the Inclusions owned foreign corporation (as defined in last day of any calendar quarter in which See the instructions for Schedule C, later. section 245A(b)) with respect to which the the credit is allowed. Complete Schedule C and enter on line 4 corporation was a U.S. shareholder the amount from Schedule C, line 23, immediately after the transfer. See section Note. A credit is available only if the leave column (a). 91. was taken after March 31, 2020, and Line 5. Interest • Any LIFO recapture amount under before October 1, 2021, and only after the section 1363(d). The corporation may qualified leave wages were paid, which Enter taxable interest on U.S. obligations have to include a LIFO recapture amount might, under certain circumstances, not and on loans, notes, mortgages, bonds, in income if it: occur until a quarter after September 30, bank deposits, corporate bonds, tax 2021, including quarters in 2022. refunds, etc. Do not offset interest 1. Used the LIFO inventory method expense against interest income. Special for its last tax year before the first tax year rules apply to interest income from certain for which it elected to become an S below-market-rate loans. See section corporation, or Deductions 7872 for details. 2. Transferred LIFO inventory assets Limitations on Deductions to an S corporation in a nonrecognition Uniform capitalization rules. The Note. Report tax-exempt interest on transaction in which those assets were uniform capitalization rules of section Schedule K, item 9. Also, if required, transferred basis property. 263A require corporations to capitalize include the same amount on certain costs to inventory or other Schedule M-1, line 7, or Schedule M-3 The LIFO recapture amount is the (Form 1120), Part II, line 13, if applicable. amount by which the C corporation's property. Corporations subject to the inventory under the FIFO method exceeds section 263A uniform capitalization rules Line 6. Gross Rents the inventory amount under the LIFO are required to capitalize: Enter the gross amount received for the method at the close of the corporation's 1. Direct costs of assets produced or rental of property. Deduct expenses such last tax year as a C corporation (or for the acquired for resale, and as repairs, interest, taxes, and year of the transfer, if (2) above applies). 2. Certain indirect costs (including depreciation on the proper lines for Also, see the instructions for Schedule J, taxes) that are properly allocable to deductions. A rental activity held by a Part I, line 11. property produced or property acquired for closely held corporation or a personal • The ratable portion of any net positive resale. service corporation may be subject to the section 481(a) adjustment. See Section passive activity loss rules. See Passive 481(a) adjustment, earlier. The corporation cannot deduct the activity limitations, later. • Part or all of the proceeds received costs required to be capitalized under from certain corporate-owned life section 263A until it sells, uses, or Line 10. Other Income insurance contracts issued after August otherwise disposes of the property (to Enter any other taxable income not 17, 2006. Corporations that own one or which the costs relate). The corporation reported on lines 1 through 9. List the type more employer-owned life insurance recovers these costs through and amount of income on an attached contracts issued after this date must file depreciation, amortization, or cost of statement. If the corporation has only one Form 8925, Report of Employer-Owned goods sold. item of other income, describe it in Life Insurance Contracts. See Form 8925. A small business taxpayer (defined parentheses on line 10. • Income from cancellation of debt (COD) earlier) is not required to capitalize costs from the repurchase of a debt instrument under section 263A. A small business Examples of other income to report on for less than its adjusted issue price. taxpayer that wants to discontinue line 10 include the following. • The corporation's share of the following capitalizing costs under section 263A • Recoveries of bad debts deducted in income from Form 8621, Information must change its method of accounting. prior years under the specific charge-off Return by a Shareholder of a Passive See section 263A(i) and Regulations method. Foreign Investment Company or Qualified section 1.263A-1(j). Also, see the • The amount included in income from Electing Fund. Instructions for Form 3115. Form 6478, Biofuel Producer Credit. 1. Ordinary earnings of a qualified • The amount included in income from electing fund. For more information on the uniform Form 8864, Biodiesel, Renewable Diesel, capitalization rules, see Pub. 538. Also, or Sustainable Aviation Fuels Credit. 2. Gain or loss from marking passive see Regulations sections 1.263A-1 • Refunds of taxes deducted in prior foreign investment company (PFIC) stock through 1.263A-3. See section 263A(d), years to the extent they reduced the to market. Regulations section 1.263A-4, and Pub. amount of tax imposed. See section 111 3. Gain or loss from sale or other 225 for rules for property produced in a and the related regulations. Do not offset disposition of section 1296 stock. farming business. current year taxes against tax refunds. 4. Excess distributions from a section Transactions between related taxpay- • Ordinary income from trade or business 1291 fund allocated to the current year ers. Generally, an accrual basis taxpayer activities of a partnership (from and pre-PFIC years, if any. can only deduct business expenses and Schedule K-1 (Form 1065)). Do not offset ordinary losses against ordinary income. See Form 8621 and the Instructions for interest owed to a related party in the year Instead, include the losses on line 26. Form 8621 for details. the payment is included in the income of Show the partnership's name, address, • The amount of payroll tax credit taken the related party. See sections 163(e)(3) and EIN on a separate statement attached by an employer on its 2022 employment and 267(a)(2) for limitations on deductions to this return. If the amount entered is from tax returns (Forms 941, 943, and 944) for for unpaid interest and expenses. more than one partnership, identify the qualified paid sick and qualified paid Limitations on business interest ex- amount from each partnership. family leave under FFCRA and ARP (both pense. Business interest expense may • The transferred loss amount identified the nonrefundable and refundable be limited. See section 163(j) and Form as “Section 91 Transferred Loss Amount,” portions). The corporation must include 8990. Also, see Limitation on deduction in which is required to be recognized when the full amount of the credit for qualified the instructions for line 18 and -10- Instructions for Form 1120 |
Page 11 of 31 Fileid: … ions/i1120/2022/a/xml/cycle08/source 16:38 - 30-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Schedule K, Question 23 and Question Generally, the two kinds of passive • Credit for small employer health 24, later. activities are: insurance premiums (Form 8941). Section 291 limitations. Corporations • Trade or business activities in which the • Employer credit for paid family and corporation did not materially participate medical leave (Form 8994). may be required to adjust deductions for for the tax year; and depletion of iron ore and coal, intangible If the corporation has any of the credits drilling and exploration and development • Rental activities, regardless of its listed above, figure the current year credit participation. costs, certain deductions for financial before figuring the deduction for expenses For exceptions, see Form 8810, Corporate institutions, and the amortizable basis of on which the credit is based. If the Passive Activity Loss and Credit pollution control facilities. See section 291 corporation capitalized any costs on which Limitations. to determine the amount of the it figured the credit, it may need to reduce adjustment. Corporations subject to the passive the amount capitalized by the credit activity limitations must complete Form attributable to these costs. Election to deduct business start-up 8810 to compute their allowable passive See the instructions for the form used and organizational costs. A corporation activity loss and credit. Before completing to figure the applicable credit for more can elect to deduct a limited amount of Form 8810, see Temporary Regulations details. start-up and organizational costs it paid or section 1.163-8T, which provides rules for incurred. Any remaining costs must allocating interest expense among Limitations on deductions related to generally be amortized over a 180-month activities. If a passive activity is also property leased to tax-exempt entities. period. See sections 195 and 248 and the subject to the at-risk rules of section 465 If a corporation leases property to a related regulations. or the tax-exempt use loss rules of section governmental or other tax-exempt entity, Time for making an election. The 470, those rules apply before the passive the corporation cannot claim deductions corporation generally elects to deduct loss rules. related to the property to the extent that they exceed the corporation's income from start-up or organizational costs by For more information, see section 469, the lease payments. This disallowed claiming the deduction on its income tax the related regulations, and Pub. 925, tax-exempt use loss can be carried over to return filed by the due date (including Passive Activity and At-Risk Rules. the next tax year and treated as a extensions) for the tax year in which the active trade or business begins. For more Closely held corporations. A deduction with respect to the property for details, including special rules for costs corporation is a closely held corporation if: that tax year. See section 470(d) for paid or incurred before September 9, • At any time during the last half of the tax exceptions. 2008, see the Instructions for Form 4562. year more than 50% in value of its Limitation on tax benefits for remuner- Also, see Pub. 535, Business Expenses. outstanding stock is directly or indirectly ation under the Patient Protection and owned by or for not more than five Affordable Care Act. The $1 million If the corporation timely filed its return individuals, and compensation limit is reduced to $500,000 for the year without making an election, it • The corporation is not a personal for remuneration for services provided by can still make an election by filing an service corporation. individuals for or on behalf of certain amended return within 6 months of the due date of the return (excluding Certain organizations are treated as health insurance providers. The $500,000 extensions). Clearly indicate the election individuals for purposes of this test. See limitation applies to remuneration that is on the amended return and write “Filed section 542(a)(2). For rules for deductible in the tax year during which the pursuant to section 301.9100-2” at the top determining stock ownership, see section services were performed and of the amended return. File the amended 544 (as modified by section 465(a)(3)). remuneration for services during the year return at the same address the corporation Reducing certain expenses for which that is deductible in a future tax year filed its original return. The election credits are allowable. If the corporation (called "deferred deduction applies when figuring taxable income for claims certain credits, it may need to remuneration"). The $500,000 limitation is the current tax year and all subsequent reduce the otherwise allowable reduced by any amounts disallowed as years. deductions for expenses used to figure the excess parachute payments. See section The corporation can choose to forgo credit. This applies to credits such as the 162(m)(6) and Regulations section the elections above by affirmatively following. 1.162-31 for definitions and other special electing to capitalize its start-up or • Work opportunity credit (Form 5884). rules. organizational costs on its income tax • Credit for increasing research activities Line 12. Compensation of return filed by the due date (including (Form 6765). extensions) for the tax year in which the • Orphan drug credit (Form 8820). Officers active trade or business begins. • Disabled access credit (Form 8826). Enter deductible officers' compensation • Empowerment zone employment credit on line 12. Do not include compensation Note. The election to either amortize or (Form 8844). deductible elsewhere on the return, such capitalize start-up costs is irrevocable and • Indian employment credit (Form 8845). as amounts included in cost of goods sold, applies to all start-up costs that are related • Credit for employer social security and elective contributions to a section 401(k) to the trade or business. Medicare taxes paid on certain employee cash or deferred arrangement, or amounts Report the deductible amount of tips (Form 8846). contributed under a salary reduction SEP start-up and organizational costs and any • Credit for small employer pension plan agreement or a SIMPLE IRA plan. amortization on line 26. For amortization start-up costs (Form 8881). If the corporation's total receipts that begins during the current tax year, • Credit for employer-provided childcare (line 1a, plus lines 4 through 10) are complete and attach Form 4562, facilities and services (Form 8882). $500,000 or more, complete Form Depreciation and Amortization. • Low sulfur diesel fuel production credit 1125-E, Compensation of Officers. Enter (Form 8896). on Form 1120, line 12, the amount from Passive activity limitations. Limitations • Mine rescue team training credit (Form Form 1125-E, line 4. on passive activity losses and credits 8923). under section 469 apply to personal • Credit for employer differential wage Line 13. Salaries and Wages service corporations (defined earlier) and payments (Form 8932). Enter the total salaries and wages paid for closely held corporations (defined later). the tax year. Do not include salaries and Instructions for Form 1120 -11- |
Page 12 of 31 Fileid: … ions/i1120/2022/a/xml/cycle08/source 16:38 - 30-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. wages deductible elsewhere on the return, an amount includible in income called the • Taxes assessed against local benefits such as amounts included in officers' inclusion amount. The corporation may that increase the value of the property compensation, cost of goods sold, have an inclusion amount if: assessed (such as for paving, etc.). elective contributions to a section 401(k) • Taxes deducted elsewhere on the cash or deferred arrangement, or amounts And the vehicle's return, such as those reflected in cost of contributed under a salary reduction SEP FMV on the first goods sold. agreement or a SIMPLE IRA plan. day of the lease The lease term began: exceeded: See section 164(d) for information on If the corporation provided taxable apportionment of taxes on real property fringe benefits to its employees, such as Cars (excluding trucks between seller and purchaser. personal use of a car, do not deduct as and vans) Do not reduce the corporation's wages the amount allocated for After 12/31/21 but before ! deduction for social security and depreciation and other expenses claimed 1/1/23 . . . . . . . . . . $56,000 CAUTION Medicare taxes by the on lines 20 and 26. nonrefundable and refundable portions of After 12/31/20 but before If the corporation claims a credit 1/1/22 . . . . . . . . . . $51,000 the FFCRA and ARP credits for qualified sick and family leave wages claimed on its CAUTION may need to reduce any ! for any wages paid or incurred, it After 12/31/17 but before employment tax returns. Instead, report 1/1/21 . . . . . . . . . . $50,000 corresponding deduction for officers' this amount as income on line 10. compensation and salaries and wages. After 12/31/12 but before See Reducing certain expenses for which 1/1/18 . . . . . . . . . . $19,000 Line 18. Interest credits are allowable, earlier. After 12/31/07 but before 1/1/13 . . . . . . . . . . $18,500 Note. Do not offset interest income Line 14. Repairs and Trucks and vans against interest expense. The corporation must make an interest Maintenance After 12/31/21 but before allocation if the proceeds of a loan were Enter the cost of repairs and maintenance 1/1/23 . . . . . . . . . . $56,000 used for more than one purpose (for not claimed elsewhere on the return, such After 12/31/20 but before example, to purchase a portfolio as labor and supplies, that are not 1/1/22 . . . . . . . . . . $51,000 investment and to acquire an interest in a payments to produce or improve tangible passive activity). See Temporary or real property. See Regulations After 12/31/17 but before 1.263(a)-1. For example, amounts are 1/1/21 . . . . . . . . . . $50,000 Regulations section 1.163-8T for the paid for improvements if they are for After 12/31/13 but before interest allocation rules. betterments to the property, restorations 1/1/18 . . . . . . . . . . $19,500 Mutual savings banks, building and of the property (such as the replacements After 12/31/09 but before loan associations, and cooperative banks of major components or substantial 1/1/14 . . . . . . . . . . $19,000 can deduct the amounts paid or credited structural parts), or if they adapt the to the accounts of depositors as property to a new or different use. After 12/31/08 but before dividends, interest, or earnings. See 1/1/10 . . . . . . . . . . $18,500 Amounts paid to produce or improve section 591. property must be capitalized. See After 12/31/07 but before Regulations sections 1.263(a)-2 and (a)-3. 1/1/09 . . . . . . . . . . $19,000 Do not deduct the following interest. • Interest on indebtedness incurred or The corporation can deduct repair and continued to purchase or carry obligations maintenance expenses only to the extent if the interest is wholly exempt from they relate to a trade or business activity. income tax. See section 265(b) for special See Regulations section 1.162-4. The rules and exceptions for financial corporation may elect to capitalize certain institutions. Also, see section 265(b)(7) for repair and maintenance costs consistent See Pub. 463, Travel, Gift, and Car a de minimis exception for financial with its books and records. See Expenses, for instructions on figuring the institutions for certain tax-exempt bonds Regulations section 1.263(a)-3(n) for inclusion amount. issued in 2009 and 2010. information on how to make the election. • For cash basis taxpayers, prepaid Note. The inclusion amount for lease interest allocable to years following the Line 15. Bad Debts terms beginning in 2023 will be published current tax year. For example, a cash Enter the total debts that became in the Internal Revenue Bulletin in early basis calendar year taxpayer who in 2022 worthless in whole or in part during the tax 2023. prepaid interest allocable to any period year. A small bank or thrift institution using after 2022 can deduct only the amount the reserve method of section 585 should Line 17. Taxes and Licenses allocable to 2022. attach a statement showing how it figured Enter taxes paid or accrued during the tax • Interest and carrying charges on the current year's provision. A corporation year, but do not include the following. straddles. Generally, these amounts must that uses the cash method of accounting • Federal income taxes. be capitalized. See section 263(g). cannot claim a bad debt deduction unless • Foreign or U.S. possession income • Interest on debt allocable to the the amount was previously included in taxes if a foreign tax credit is claimed. production of designated property by a income. • Taxes not imposed on the corporation. corporation for its own use or for sale. The • Taxes, including state or local sales corporation must capitalize this interest. Line 16. Rents taxes, that are paid or incurred in Also, capitalize any interest on debt If the corporation rented or leased a connection with an acquisition or allocable to an asset used to produce the vehicle, enter the total annual rent or lease disposition of property (these taxes must property. See section 263A(f) and expense paid or incurred during the year. be treated as a part of the cost of the Regulations sections 1.263A-8 through Also, complete Part V of Form 4562. If the acquired property or, in the case of a 1.263A-15 for definitions and more corporation leased a vehicle for a term of disposition, as a reduction in the amount information. 30 days or more, the deduction for vehicle realized on the disposition). • Interest paid or incurred on any portion lease expense may have to be reduced by of an underpayment of tax that is -12- Instructions for Form 1120 |
Page 13 of 31 Fileid: … ions/i1120/2022/a/xml/cycle08/source 16:38 - 30-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. attributable to an understatement arising date the resolution was adopted. See communication from the donee from an undisclosed listed transaction or section 170(a)(2)(B). organization indicating the name of the an undisclosed reportable avoidance organization, the date of the contribution, Limitation on deduction. Generally, the transaction (other than a listed and the amount of the contribution. total amount claimed cannot be more than transaction) entered into in tax years 10% of taxable income (line 30) computed Contributions of $250 or more. A beginning after October 22, 2004. without regard to the following. corporation can deduct a contribution of Special rules apply to: • Any deduction for contributions. $250 or more only if it gets a written • Forgone interest on certain • The special deductions on line 29b. acknowledgment from the donee below-market-rate loans (see section • The limitation under section 249 on the organization that shows the amount of 7872). deduction for bond premium. cash contributed, describes any property • Original issue discount (OID) on certain • Any net operating loss (NOL) carryback contributed (but not its value), and either high yield discount obligations. See to the tax year under section 172. gives a description and a good faith section 163(e)(5) to determine the amount • Any capital loss carryback to the tax estimate of the value of any goods or of the deduction for OID that is deferred year under section 1212(a)(1). services provided in return for the and the amount that is disallowed on a • Deduction for income attributable to contribution or states that no goods or high yield discount obligation. The rules domestic production activities of specified services were provided in return for the under section 163(e)(5) do not apply to agricultural or horticultural cooperatives. contribution. The acknowledgment must be obtained by the due date (including certain high yield discount obligations Carryover. Charitable contributions over extensions) of the corporation's return, or, issued after August 31, 2008, and before the 10% limitation cannot be deducted for if earlier, the date the return is filed. Do not January 1, 2011. See section 163(e)(5) the tax year but can be carried over to the attach the acknowledgment to the tax (F). next 5 tax years. See the exception below return, but keep it with the corporation's • Interest which is allocable to for farmers and ranchers and certain records. unborrowed policy cash values of life Native Corporations. insurance, endowment, or annuity Contributions of property other than contracts issued after June 8, 1997. See Special rules apply if the corporation section 264(f). Attach a statement has an NOL carryover to the tax year. In cash. If a corporation (other than a showing the computation of the deduction. figuring the charitable contributions closely held or personal service deduction for the current tax year, the 10% corporation) contributes property other Limitation on deduction. Under section limit is applied using the taxable income than cash and claims over a $500 163(j), business interest expense is after taking into account any deduction for deduction for the property, it must attach a generally limited to the sum of business the NOL. statement to the return describing the kind of property contributed and the method interest income, 30% of the adjusted To figure the amount of any remaining used to determine its FMV. Closely held taxable income, and floor plan financing NOL carryover to later years, taxable corporations and personal service interest. The amount of any business income must be modified (see section corporations must complete Form 8283, interest expense that is not allowed as a 172(b)). To the extent that contributions Noncash Charitable Contributions, and deduction for the tax year is carried are used to reduce taxable income for this attach it to their returns. All other forward to the following year. If section purpose and increase an NOL carryover, a corporations must generally complete and 163(j) applies, use Form 8990 to figure the contributions carryover is not allowed. See attach Form 8283 to their returns for amount of business interest expense the section 170(d)(2)(B). contributions of property (other than corporation can deduct for the current tax year and the amount that can be carried Suspension of 10% limitation for farm- money) if the total claimed deduction for forward to the next year. See the ers and ranchers and certain Native all property contributed was more than Instructions for Form 8990. Also see Corporations. Certain corporations can $5,000. Special rules apply to the Schedule K, Question 23 and Question deduct contributions of qualified contribution of certain property. See the 24, later. conservation property without regard to Instructions for Form 8283. the general 10% limit. This applies to: Qualified conservation Line 19. Charitable • A qualified farmer or rancher (as contributions. Special rules apply to Contributions defined in section 170(b)(1)(E)(v)) that qualified conservation contributions, Enter contributions or gifts actually paid does not have publicly traded stock; and including contributions of certain within the tax year to or for the use of • A Native Corporation (as defined in easements on buildings located in a charitable and governmental section 170(b)(2)(C)(iii)) that contributes registered historic district. See section organizations described in section 170(c) property which was land conveyed under 170(h) and Pub. 526, Charitable and any unused contributions carried over the Alaska Native Claims Settlement Act. Contributions. from prior years. Special rules and limits The total amount of the contribution apply to contributions to organizations claimed for the qualified conservation Other special rules. The corporation conducting lobbying activities. See section property cannot exceed 100% of the must reduce its deduction for contributions 170(f)(9). excess of the corporation's taxable of certain capital gain property. See income (as computed above substituting sections 170(e)(1) and 170(e)(5). Corporations reporting taxable income “100%” for “10%” ) over all other allowable A larger deduction is allowed for certain on the accrual method can elect to treat as charitable contributions. Any excess contributions including: paid during the tax year any contributions qualified conservation contributions can • Inventory and other property to certain paid by the due date for filing the be carried over to the next 15 years, organizations for use in the care of the ill, corporation’s tax return (not including subject to the 100% limitation. See needy, or infants (see section 170(e)(3)), extensions), if the contributions were sections 170(b)(2)(B) and (C). including qualified contributions of authorized by the board of directors during “apparently wholesome food”; and the tax year. Attach a declaration to the Cash contributions. For contributions of return stating that the resolution cash, check, or other monetary gifts • Scientific equipment used for research authorizing the contributions was adopted (regardless of the amount), the to institutions of higher learning or to by the board of directors during the tax corporation must maintain a bank record, certain scientific research organizations year. The declaration must include the or a receipt, letter, or other written (other than by personal holding Instructions for Form 1120 -13- |
Page 14 of 31 Fileid: … ions/i1120/2022/a/xml/cycle08/source 16:38 - 30-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. companies and service organizations). computerized ERISA Filing Acceptance • Insurance premiums. See section 170(e)(4). System (EFAST2). For more information, • Legal and professional fees. see the EFAST2 website at • Supplies used and consumed in the For more information on charitable www.EFAST.dol.gov. business. contributions, including substantiation and Travel, meals, and entertainment recordkeeping requirements, see section Form 5500-EZ, Annual Return of A • expenses. Special rules apply (discussed 170 and the related regulations and Pub. One-Participant (Owners/Partners and later). 526. For other special rules that apply to Their Spouses) Retirement Plan or A corporations, see Pub. 542. Foreign Plan. File this form for a plan that • Utilities. only covers the owner (or the owner and • Ordinary losses from trade or business activities of a partnership (from Line 20. Depreciation spouse) or a foreign plan that is required Schedule K-1 (Form 1065)). Do not offset Include on line 20 depreciation and the to file an annual return and does not file ordinary income against ordinary losses. cost of certain property that the the annual return electronically on Form Instead, include the income on line 10. corporation elected to expense under 5500-SF. See the Instructions for Form Show the partnership's name, address, section 179 from Form 4562. Include 5500-EZ. amounts not claimed on Form 1125-A or and EIN on a separate statement attached elsewhere on the return. See Form 4562 Line 24. Employee Benefit to this return. If the amount is from more and the Instructions for Form 4562. Programs than one partnership, identify the amount from each partnership. Line 21. Depletion Enter contributions to employee benefit • Any extraterritorial income exclusion programs not claimed elsewhere on the (from Form 8873). See sections 613 and 613A for return (for example, insurance or health • Any net negative section 481(a) percentage depletion rates applicable to and welfare programs) that are not an adjustment, or in the case of an eligible natural deposits. Also, see section 291 for incidental part of a pension, profit-sharing, terminated S corporation, the ratable the limitation on the depletion deduction etc., plan included on line 23. portion of any negative section 481(a) for iron ore and coal (including lignite). Line 26. Other Deductions adjustment. See Section 481(a) Attach Form T (Timber), Forest adjustment, earlier. Activities Schedule, if a deduction for Attach a statement, listing by type and Dividends paid in cash on stock held by • depletion of timber is taken. amount, all allowable deductions that are an employee stock ownership plan. not deductible elsewhere on Form 1120. However, a deduction may be taken for Foreign intangible drilling costs and Enter the total on line 26. these dividends only if, according to the foreign exploration and development costs must either be added to the corporation's Examples of other deductions include plan, the dividends are: basis for cost depletion purposes or be the following. See Pub. 535 for details on 1. Paid in cash directly to the plan deducted ratably over a 10-year period. other deductions that may apply to participants or beneficiaries; See sections 263(i), 616, and 617 for corporations. 2. Paid to the plan, which distributes details. • Amortization. See Part VI of Form 4562. them in cash to the plan participants or • Any applicable deduction under section their beneficiaries no later than 90 days See Pub. 535 for more information on 179D for costs of energy efficient after the end of the plan year in which the depletion. commercial building property placed in dividends are paid; service during the tax year. Complete and Line 23. Pension, attach new Form 7205. 3. At the election of such participants Profit-Sharing, etc., Plans • Certain costs of a qualified film, or their beneficiaries (a) payable as Enter the deduction for contributions to television, or live theatrical production provided under (1) or (2) above, or (b) qualified pension, profit-sharing, or other commencing before January 1, 2026 (after paid to the plan and reinvested in funded deferred compensation plans. December 31, 2015, and before January qualifying employer securities; or Employers who maintain such a plan must 1, 2026, for a live theatrical production). 4. Used to make payments on a loan generally file one of the forms listed below This deduction does not apply to any described in section 404(a)(9). unless exempt from filing under portion of the aggregate cost of the regulations or other applicable guidance, production above $15 million. There is a See section 404(k) for more details and even if the plan is not a qualified plan higher allowance for production in certain the limitation on certain dividends. under the Internal Revenue Code. The areas. See section 181 and the related Do not deduct expenses such as the filing requirement applies even if the regulations. following. corporation does not claim a deduction for Note. Certain film, television, or live • Amounts paid or incurred to, or at the the current tax year. There are penalties theatrical productions acquired and direction of, a government or for failure to file these forms on time and placed in service after September 27, governmental entity for the violation, or for overstating the pension plan deduction. 2017 (for which a deduction would have investigation or inquiry into the potential See sections 6652(e) and 6662(f). Also, been allowable under section 181 without violation, of a law. However, see Fines or see the instructions for the applicable regard to the dollar limitation), are similar penalties, later. form. qualified property eligible for the special • Any amount that is allocable to a class depreciation allowance under section of exempt income. See section 265(b) for Form 5500, Annual Return/Report of 168(k). See the Instructions for Form exceptions. Employee Benefit Plan. 4562. • Lobbying expenses. However, see Form 5500-SF, Short Form Annual • Certain business start-up and exceptions discussed later. Return/Report of Small Employee Benefit organizational costs (discussed earlier, • Amounts paid or incurred for any Plan. File this form instead of Form 5500 under Limitations on Deductions). settlement, payout, or attorney fees generally if there were under 100 • Reforestation costs. The corporation related to sexual harassment or sexual participants at the beginning of the plan can elect to deduct up to $10,000 of abuse, if such payments are subject to a year. qualifying reforestation expenses for each nondisclosure agreement. See section qualified timber property. The corporation 162(q). Note. Form 5500 and Form 5500-SF can elect to amortize over 84 months any must be filed electronically under the amount not deducted. See Pub. 535. -14- Instructions for Form 1120 |
Page 15 of 31 Fileid: … ions/i1120/2022/a/xml/cycle08/source 16:38 - 30-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Travel, meals, and entertainment. membership dues in civic or public service Lobbying expenses. Generally, Subject to limitations and restrictions organizations, professional organizations lobbying expenses are not deductible. discussed below, a corporation can (such as bar and medical associations), These expenses include: deduct ordinary and necessary travel, business leagues, trade associations, • Amounts paid or incurred in connection meal, and non-entertainment expenses chambers of commerce, boards of trade, with influencing federal, state, or local paid or incurred in its trade or business. and real estate boards. However, no legislation; or Generally, entertainment expenses, deduction is allowed if a principal purpose • Amounts paid or incurred in connection membership dues, and facilities used in of the organization is to entertain or with any communication with certain connection with these activities cannot be provide entertainment facilities for federal executive branch officials in an deducted. In addition, no deduction is members or their guests. In addition, attempt to influence the official actions or generally allowed for qualified corporations cannot deduct membership positions of the officials. See Regulations transportation fringe benefits. Special dues in any club organized for business, section 1.162-29 for the definition of rules apply to deductions for gifts, luxury pleasure, recreation, or other social “influencing legislation.” water travel, and convention expenses. purpose. This includes country clubs, golf See section 274, Pub. 463, and Pub. 535 and athletic clubs, airline and hotel clubs, Dues and other similar amounts paid to for details. and clubs operated to provide meals certain tax-exempt organizations may not under conditions favorable to business be deductible. If certain in-house lobbying Travel. The corporation cannot deduct discussion. expenditures do not exceed $2,000, they travel expenses of any individual are deductible. accompanying a corporate officer or Entertainment facilities. Generally, employee, including a spouse or the corporation cannot deduct an expense Line 28. Taxable Income Before dependent of the officer or employee, paid or incurred for a facility (such as a NOL Deduction and Special unless: yacht or hunting lodge) used for an activity Deductions • That individual is an employee of the usually considered entertainment, corporation, and amusement, or recreation. At-risk rules. Generally, special at-risk rules under section 465 apply to closely • That individual’s travel is for a bona fide Amounts treated as compensation. held corporations (see Passive activity business purpose and would otherwise be Generally, the corporation may be able to limitations, earlier) engaged in any activity deductible by that individual. deduct otherwise nondeductible as a trade or business or for the Meals. Generally, the corporation can entertainment, amusement, or recreation production of income. These corporations deduct only 50% of the amount otherwise expenses if the amounts are treated as may have to adjust the amount on line 28. allowable for non-entertainment related compensation to the recipient and (See below.) meal expenses paid or incurred in its trade reported on Form W-2 for an employee or The at-risk rules do not apply to: or business. However, the corporation can on Form 1099-NEC for an independent Holding real property placed in service deduct 100% of business meal expenses contractor. • by the taxpayer before 1987; if the meals are food and beverages However, if the recipient is an officer, • Equipment leasing under sections provided by a restaurant. This applies only director, beneficial owner (directly or 465(c)(4), (5), and (6); or to amounts paid or incurred after indirectly), or other “specified individual” • Any qualifying business of a qualified December 31, 2020, and before January (as defined in section 274(e)(2)(B) and corporation under section 465(c)(7). 1, 2023. Regulations section 1.274-9(b)), special However, the at-risk rules do apply to Meals not separately stated from rules apply. the holding of mineral property. entertainment are generally not Fines or similar penalties. Generally, If the at-risk rules apply, adjust the deductible. In addition (subject to no deduction is allowed for fines or similar amount on this line for any section 465(d) exceptions under section 274(k)(2)): penalties paid or incurred to, or at the losses. These losses are limited to the • Meals must not be lavish or direction of, a government or amount for which the corporation is at risk extravagant, and governmental entity for violating any law, for each separate activity at the close of • An employee of the corporation must or for the investigation or inquiry into the the tax year. If the corporation is involved be present at the meal. potential violation of a law, except: in one or more activities, any of which See section 274(n)(3) for a special rule • Amounts that constitute restitution or incurs a loss for the year, report the losses that applies to expenses for meals remediation of property, for each activity separately. Attach Form consumed by individuals subject to the • Amounts paid to come into compliance 6198, At-Risk Limitations, showing the hours of service limits of the Department with the law, amount at risk and gross income and of Transportation. • Amounts paid or incurred as the result deductions for the activities with the of orders or agreements in which no losses. Qualified transportation fringes government or governmental entity is a (QTFs). Generally, no deduction is party, and If the corporation sells or otherwise allowed under section 274(a)(4) for QTFs • Amounts paid or incurred for taxes due. disposes of an asset or its interest (either provided by employers to their employees. total or partial) in an activity to which the QTFs are defined in section 132(f)(1) and No deduction is allowed unless the at-risk rules apply, determine the net profit include: amounts are specifically identified in the or loss from the activity by combining the • Transportation in a commuter highway order or agreement and the corporation gain or loss on the sale or disposition with vehicle between the employee's residence establishes that the amounts were paid for the profit or loss from the activity. If the and place of employment, that purpose. Also, any amount paid or corporation has a net loss, it may be • Any transit pass, and incurred as reimbursement to the limited because of the at-risk rules. • Qualified parking. government for the costs of any investigation or litigation are not eligible for Treat any loss from an activity not See section 274, Pub. 15-B and Pub. the exceptions and are nondeductible. allowed for the tax year as a deduction 535 for details. See section 162(f). allocable to the activity in the next tax year. Membership dues. The corporation can deduct amounts paid or incurred for Instructions for Form 1120 -15- |
Page 16 of 31 Fileid: … ions/i1120/2022/a/xml/cycle08/source 16:38 - 30-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Line 29a. Net Operating Loss • The inversion gain of the corporation for figure the penalty amount, if any, and bill the tax year, if the corporation is an the corporation. However, even if the Deduction expatriated entity or a partner in an corporation does not owe the penalty, it A corporation can use the NOL incurred in expatriated entity. See section 7874(a). must complete and attach Form 2220 if: one tax year to reduce its taxable income • The sum of the corporation's excess • The annualized income or adjusted in another tax year. Enter on line 29a the inclusions from its residual interest in a method is used, or total NOL carryovers from other tax years, REMIC from Schedules Q (Form 1066), • The corporation is a large corporation but do not enter more than the line 2c, and the corporation's taxable (as defined in the Instructions for Form corporation's taxable income (after special income determined solely with respect to 2220) computing its first required deductions). Attach a statement showing its ownership and high-yield interests in installment based on the prior year's tax. the computation of the NOL deduction. FASITs. See sections 860E(a) and 860J Complete item 12 on Schedule K. (repealed). If Form 2220 is attached, check the box on line 34, and enter any penalty on this The following special rules apply. Net operating loss (NOL). If line 30 line. • If an ownership change (described in (figured without regard to the items listed section 382(g)) occurs, the amount of the above under minimum taxable income) is Line 35. Amount Owed taxable income of a loss corporation that zero or less, the corporation may have an If the corporation cannot pay the full may be offset by the pre-change NOL NOL that can be carried back or forward amount of tax owed, it can apply for an carryovers may be limited. See section as a deduction to other tax years. installment agreement online. The 382 and the related regulations. A loss corporation can apply for an installment corporation must include the information Only farming losses and losses of an statement as provided in Regulations insurance company (other than a life agreement online if: section 1.382-11(a) with its income tax insurance company) can be carried back. • It cannot pay the full amount shown on return for each tax year that it is a loss The carryback period for these losses is 2 line 35, corporation in which an ownership shift, years. For NOLs that can be carried back, • The total amount owed is $25,000 or equity structure shift, or other transaction the corporation can elect to waive the less, and described in Temporary Regulations carryback period and instead carry the • The corporation can pay the liability in section 1.382-2T(a)(2)(i) occurs. If the NOL forward to future tax years. full in 24 months. To apply using the Online Payment corporation makes the See the instructions for Schedule K, Agreement Application, go to IRS.gov/ closing-of-the-books election, see Item 11 for information on making the OPA. Regulations section 1.382-6(b). election to waive the carryback period. The limitations under section 382 do See the Instructions for Form 1139 for Under an installment agreement, the not apply to certain ownership changes other special rules and elections. corporation can pay what it owes in after February 17, 2009, made pursuant to The NOL deduction for tax year 2022 monthly installments. There are certain a restructuring plan under the Emergency cannot exceed the aggregate amount of conditions that must be met to enter into Economic Stabilization Act of 2008. See NOLs arising in tax years beginning before and maintain an installment agreement, section 382(n). January 1, 2018, carried to such year plus such as paying the liability within 24 For guidance in applying section 382 to the lesser of: months and making all required deposits and timely filing tax returns during the loss corporations whose instruments were 1. The aggregate amount of NOLs length of the agreement. acquired by Treasury under certain arising in tax years beginning after programs under the Emergency Economic December 31, 2017, carried to such tax If the installment agreement is Stabilization Act of 2008, see Notice year; or accepted, the corporation will be charged 2010-2, 2010-2 I.R.B. 251. 2. 80% of the excess, if any, of a fee and it will be subject to penalties and • If a corporation acquires control of taxable income determined without any interest on the amount of tax not paid by another corporation (or acquires its assets NOL deduction, section 199A deduction, the due date of the return. in a reorganization), the amount of or section 250 deduction, over any NOL Line 37 pre-acquisition losses that may offset carryover to the tax year from tax years recognized built-in gain may be limited beginning before January 1, 2018. Enter the amount of any overpayment that (see section 384). should be refunded or applied to next • If a corporation elects the alternative tax An exception applies for NOLs of year's estimated tax. on qualifying shipping activities under insurance companies other than life section 1354, no deduction is allowed for insurance companies. The 80% taxable Note. This election to apply some or all of an NOL attributable to the qualifying income limit does not apply to these the overpayment amount to the shipping activities to the extent that the entities. See sections 172(b) and (f). corporation's 2023 estimated tax cannot be changed at a later date. loss is carried forward from a tax year Merchant Marine capital construction preceding the first tax year for which the fund. To take a deduction for amounts Direct deposit of refund. If the alternative tax election was made. See contributed to a capital construction fund corporation wants its refund directly section 1358(b)(2). (CCF), reduce the amount that would deposited into its checking or savings For more details on the NOL deduction, otherwise be entered on line 30 by the account at any U.S. bank or other financial see section 172 and the Instructions for amount of the deduction. On the dotted institution instead of having a check sent Form 1139. line next to the entry space, enter “CCF” to the corporation, complete Form 8050, and the amount of the deduction. For Direct Deposit of Corporate Tax Refund, Line 29b. Special Deductions more information, see section 7518. and attach it to the corporation's tax See the instructions for Schedule C. return. Line 32. Line 30. Taxable Income Reserved for future use. Minimum taxable income. The corporation's taxable income cannot be Line 34. Estimated Tax Penalty less than the largest of the following Generally, the corporation does not have amounts. to file Form 2220 because the IRS can -16- Instructions for Form 1120 |
Page 17 of 31 Fileid: … ions/i1120/2022/a/xml/cycle08/source 16:38 - 30-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Line 3, Column (a) Also, include dividends received from a Schedule C. Dividends, Enter the following. less-than-20%-owned FSC that: Inclusions, and Special • Dividends received on certain • Are attributable to income treated as Deductions debt-financed stock acquired after July 18, effectively connected with the conduct of a For purposes of the 20% ownership test 1984, from domestic and foreign trade or business within the United States on lines 1 through 7, the percentage of corporations subject to income tax that (excluding foreign trade income), and stock owned by the corporation is based would otherwise be subject to the • Qualify for the 50% deduction under on voting power and value of the stock. dividends-received deduction under section 245(c)(1)(B). Preferred stock described in section section 243(a)(1), 243(c), or 245(a). Line 7, Column (a) 1504(a)(4) is not taken into account. Generally, debt-financed stock is stock Enter the U.S.-source portion of dividends that the corporation acquired by incurring that: Consolidated returns. Corporations a debt (for example, it borrowed money to Are received from 20%-or-more-owned filing a consolidated return should see buy the stock). • foreign corporations, and Regulations sections 1.1502-13, • Dividends received from a RIC on Qualify for the 65% deduction under 1.1502-26, and 1.1502-27 before debt-financed stock. The amount of • sections 243 and 245(a). completing Schedule C. dividends eligible for the Corporations filing a consolidated dividends-received deduction is limited by Also, include dividends received from a return must not report as dividends on section 854(b). The corporation should 20%-or-more-owned FSC that: Schedule C any amounts received from receive a notice from the RIC specifying Are attributable to income treated as corporations within the consolidated the amount of dividends that qualify for the • effectively connected with the conduct of a group. Such dividends are eliminated in deduction. trade or business within the United States consolidation rather than offset by the Line 3, Columns (b) and (c) (excluding foreign trade income), and dividends-received deduction. • Qualify for the 65% deduction under Dividends received on certain Line 1, Column (a) debt-financed stock acquired after July 18, section 245(c)(1)(B). Enter dividends (except those received on 1984, are not entitled to the full 50% or Line 8, Column (a) certain debt-financed stock acquired after 65% dividends-received deduction under Enter dividends received from wholly July 18, 1984—see section 246A) that section 243 or 245(a). The 50% or 65% owned foreign subsidiaries that are are: deduction is reduced by a percentage that eligible for the 100% deduction under • Received from less-than-20%-owned is related to the amount of debt incurred to section 245(b). domestic corporations subject to income acquire the stock. See section 246A. Also, tax, and see section 245(a) before making this In general, the deduction under section • Qualified for the 50% deduction under computation for an additional limitation 245(b) applies to dividends paid out of the section 243(a)(1). that applies to certain dividends received earnings and profits of a foreign from foreign corporations. Attach a corporation for a tax year during which: Also, include on line 1 the following. statement to Form 1120 showing how the • All of its outstanding stock is directly or • Taxable distributions from an IC-DISC amount on line 3, column (c), was figured. indirectly owned by the domestic or former DISC that are designated as corporation receiving the dividends, and eligible for the 50% deduction and certain Line 4, Column (a) • All of its gross income from all sources dividends of Federal Home Loan Banks. Enter dividends received on preferred is effectively connected with the conduct See section 246(a)(2). stock of a less-than-20%-owned public of a trade or business within the United • Dividends (except those received on utility that is subject to income tax and is States. certain debt-financed stock acquired after allowed the 23.3% deduction provided in July 18, 1984) from a regulated sections 244 and 247 (as affected by Line 9, Column (c) investment company (RIC). The amount of P.L.113-295, Div. A, section 221(a)(41) Generally, line 9, column (c), cannot dividends eligible for the (A), Dec. 19, 2014, 128 Stat. 4043) for exceed the amount from the Worksheet dividends-received deduction under dividends paid. for Schedule C, line 9. However, in a year section 243 is limited by section 854(b). in which an NOL occurs, this limitation The corporation should receive a notice Line 5, Column (a) does not apply even if the loss is created from the RIC specifying the amount of Enter dividends received on preferred by the dividends-received deduction. See dividends that qualify for the deduction. stock of a 20%-or-more-owned public sections 172(d) and 246(b). utility that is subject to income tax and is Report so-called dividends or earnings allowed the 26.7% deduction provided in Line 10, Columns (a) and (c) received from mutual savings banks, etc., sections 244 and 247 (as affected by Small business investment companies as interest. Do not treat them as P.L.113-295, Div. A, section 221(a)(41) operating under the Small Business dividends. (A), Dec. 19, 2014, 128 Stat. 4043) for Investment Act of 1958 must enter Line 2, Column (a) dividends paid. dividends that are received from domestic corporations subject to income tax even Enter on line 2: Line 6, Column (a) though a deduction is allowed for the • Dividends (except those received on Enter the U.S.-source portion of dividends entire amount of those dividends. To claim certain debt-financed stock acquired after that: the 100% deduction on line 10, column July 18, 1984) that are received from Are received from (c), the company must file with its return a 20%-or-more-owned domestic • less-than-20%-owned foreign statement that it was a federal licensee corporations subject to income tax and corporations, and under the Small Business Investment Act that are subject to the 65% deduction Qualify for the 50% deduction under of 1958 at the time it received the under section 243(c), and • section 245(a). To qualify for the 50% dividends. • Taxable distributions from an IC-DISC deduction, the corporation must own at or former DISC that are considered least 10% of the stock of the foreign Line 11, Columns (a) and (c) eligible for the 65% deduction. corporation by vote and value. Enter only dividends that qualify under section 243(b) for the 100% Instructions for Form 1120 -17- |
Page 18 of 31 Fileid: … ions/i1120/2022/a/xml/cycle08/source 16:38 - 30-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Line 16c, Column (a) Enter all other amounts included in income Worksheet for Schedule C, line 9 Keep for Your Records under section 951. This should equal the 1. Refigure Form 1120, page 1, line 28, without any adjustment under sum of the amounts reported by the U.S. section 1059 and without any capital loss carryback to the tax year under shareholder on Form(s) 5471, Schedule I, section 1212(a)(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1. lines 1(c) through 1(h), 2, and 4. 2. Complete lines 10, 11, 12, and 13, column (c), and enter the total here . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2. Line 17, Column (a) 3. Subtract line 2 from line 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. Enter amounts included in income under section 951A. See Form 8992, Part II, 4. Multiply line 3 by 65% (0.65) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4. line 5, and the Instructions for Form 8992. 5. Add lines 2, 5, 7, and 8, column (c), and the part of the deduction on Also, if applicable, attach Form(s) 5471. line 3, column (c), that is attributable to dividends from 20%-or-more-owned corporations . . . . . . . . . . . . . . . . . . . . . . . . . 5. Note. Consider the applicability of section 6. Enter the smaller of line 4 or line 5. If line 5 is greater than line 4, stop 951A with respect to CFCs owned by here; enter the amount from line 6 on line 9, column (c), and do not domestic partnerships in which the complete the rest of this worksheet . . . . . . . . . . . . . . . . . . . . . . . . 6. corporation has an interest. 7. Enter the total amount of dividends from 20%-or-more-owned corporations that are included on lines 2, 3, 5, 7, and 8, column Line 18, Column (a) (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7. Include gross-up for taxes deemed paid 8. Subtract line 7 from line 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8. under section 960. 9. Multiply line 8 by 50% (0.50) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9. Line 19, Column (a) 10. Subtract line 5 from line 9, column (c) . . . . . . . . . . . . . . . . . . . . . . . 10. Enter taxable distributions from an 11. Enter the smaller of line 9 or line 10 . . . . . . . . . . . . . . . . . . . . . . . . 11. IC-DISC or former DISC that are 12. Dividends-received deduction after limitation (sec. 246(b)). Add designated as not eligible for a lines 6 and 11. Enter the result here and on line 9, column (c) . . . . . . . 12. dividends-received deduction. No deduction is allowed under section 243 for a dividend from an IC-DISC or dividends-received deduction described in Also, include on line 14 the former DISC (as defined in section 992(a)) section 243(a)(3). Corporations taking this corporation's share of distributions from a to the extent the dividend: deduction are subject to the provisions of section 1291 fund from Form 8621, to the • Is paid out of the corporation's section 1561. extent that the amounts are taxed as accumulated IC-DISC income or The 100% deduction does not apply to dividends under section 301. See Form previously taxed income, or affiliated group members that are joining in 8621 and the Instructions for Form 8621. • Is a deemed distribution under section 995(b)(1). the filing of a consolidated return. Attach a statement identifying the amount of each dividend reported on Line 20, Column (a) Line 12, Column (a) line 14 and the provision pursuant to Include the following. Enter dividends from FSCs that are which a deduction is not allowed with 1. Dividends (other than capital gain attributable to foreign trade income and respect to such dividend. that are eligible for the 100% deduction distributions reported on Schedule D provided in section 245(c)(1)(A). Line 15, Column (a) (Form 1120) and exempt-interest Reserved for future use. dividends) that are received from RICs Line 13, Column (a) and that are not subject to the 50% Enter the foreign-source portion of Line 15, Column (c) deduction. dividends that: Reserved for future use. 2. Dividends from tax-exempt • Are received from specified organizations. 10%-owned foreign corporations (as Line 16a, Column (a) 3. Dividends (other than capital gain defined in section 245A(b)), including, for Enter the foreign-source portion of any distributions) received from a REIT that, example, gain from the sale of stock of a subpart F inclusions attributable to the for the tax year of the trust in which the foreign corporation that is treated as a sale or exchange by a CFC of stock in dividends are paid, qualifies under dividend under sections 1248(a) and (j); another foreign corporation described in sections 856 through 860. and section 964(e)(4). This should equal the • Qualify for the section 245A deduction. sum of the amounts reported by the U.S. 4. Dividends not eligible for a shareholder on Form(s) 5471, Schedule I, dividends-received deduction, which Line 14, Column (a) line 1a. (Do not include on line 16a any include the following. Enter the foreign dividends not reportable portion of such subpart F inclusion that is a. Dividends received on any share of on line 3, 6, 7, 8, 11, 12, or 13 of column not eligible for the section 245A deduction stock held for less than 46 days during the (a). pursuant to Regulations section 91-day period beginning 45 days before Include on line 14 the foreign-source 1.245A-5(g)(2). Include such amounts on the ex-dividend date. When counting the portion of any dividend that does not line 16c.) number of days the corporation held the stock, you cannot count certain days qualify for the section 245A deduction (for Line 16b, Column (a) during which the corporation's risk of loss example, hybrid dividends within the meaning of section 245A(e), ineligible Enter the total subpart F inclusions was diminished. See section 246(c)(4) amounts of dividends within the meaning attributable to tiered hybrid dividends. This and Regulations section 1.246-5 for more of Regulations section 1.245A-5(b), should equal the sum of the amounts details. dividends that fail to meet the holding reported by the U.S. shareholder on b. Dividends received on any share of period requirement under section 246(c) Form(s) 5471, Schedule I, line 1b. preferred stock which are attributable to (5), etc.). periods totaling more than 366 days if -18- Instructions for Form 1120 |
Page 19 of 31 Fileid: … ions/i1120/2022/a/xml/cycle08/source 16:38 - 30-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. such stock was held for less than 91 days Line 2 intangible under the related person during the 181-day period that began 90 exception to the anti-churning rules should days before the ex-dividend date. When Multiply taxable income (page 1, line 30) include any additional tax due in the total counting the number of days the by 21%. Enter this amount on line 2. for line 2. On the dotted line next to line 2, corporation held the stock, you cannot enter “Section 197” and the amount. See count certain days during which the Mutual savings bank conducting life section 197(f)(9)(B)(ii). corporation's risk of loss was diminished. insurance business. The tax under See section 246(c)(4) and Regulations section 594 consists of the sum of (a) a section 1.246-5 for more details. Preferred partial tax computed on Form 1120 on the Line 3 dividends attributable to periods totaling taxable income of the bank, determined less than 367 days are subject to the without regard to income or deductions If the corporation had gross receipts of at 46-day holding period rule discussed allocable to the life insurance department, least $500 million in any 1 of the 3 tax above. and (b) a partial tax on the taxable income years preceding the current tax year, computed on Form 1120-L of the life complete and attach Form 8991. Enter on c. Dividends on any share of stock to insurance department. Enter the line 3 the base erosion minimum tax the extent the corporation is under an combined tax on line 2. Attach Form amount from Form 8991, Part IV, line 5e. obligation (including a short sale) to make 1120-L as a schedule (and identify it as See section 59A and the Instructions for related payments with respect to positions such), together with the annual statements Form 8991. Also, see Schedule K, in substantially similar or related property. and schedules required to be filed with Question 22, later. 5. Any other taxable dividend income Form 1120-L. See Regulations section not properly reported elsewhere on 1.6012-2(c)(1)(ii). Line 5 Schedule C. Exception for insurance companies Line 5a. To find out when a corporation If patronage dividends or per-unit retain filing their federal income tax returns can take the credit for payment of income allocations are included on line 20, identify electronically. If an insurance company tax to a foreign country or U.S. the total of these amounts in a statement files its income tax return electronically, it possession, see Form 1118, Foreign Tax attached to Form 1120. should not include the annual statements Credit—Corporations. and schedules required to be filed with Line 21, Column (c) Form 1120-L. However, such statements Line 5b. Enter any qualified electric Section 247 (as affected by P.L.113-295, must be available at all times for vehicle passive activity credits from prior Div. A, section 221(a)(41)(A), Dec. 19, inspection by the IRS and retained for so years allowed for the current tax year from 2014, 128 Stat. 4043) allows public long as such statements may be material Form 8834, Qualified Electric Vehicle utilities a deduction of 40% of the smaller in the administration of any Internal Credit, line 7. Attach Form 8834. If of (a) dividends paid on their preferred Revenue law. applicable, include on line 5b any credits stock during the tax year, or (b) taxable from Form 5735, American Samoa income computed without regard to this Deferred tax under section 1291. If the Economic Development Credit. See the deduction. In a year in which an NOL corporation was a shareholder in a PFIC Instructions for Form 5735. Attach Form occurs, compute the deduction without and received an excess distribution or 5735. regard to section 247(a)(1)(B). disposed of its investment in the PFIC during the year, it must include the Line 5c. Enter on line 5c the allowable Line 22, Column (c) increase in taxes due under section credit from Form 3800, Part II, line 38. Enter the section 250 deduction claimed 1291(c)(2) (from Form 8621) in the total The corporation is required to file Form for foreign-derived intangible income for line 2. On the dotted line next to line 2, 3800, General Business Credit, to claim (FDII) and global intangible low-taxed enter “Section 1291” and the amount. any of the business credits. See the income (GILTI). This should equal the sum Do not include on line 2 any interest Instructions for Form 3800 for exceptions. of the amounts on Form 8993, Part III, due under section 1291(c)(3). Instead, For a list of allowable credits, see Form lines 28 and 29. include the amount of interest owed on 3800. Also, see the applicable credit form Schedule J, Part I, line 9f. and its instructions. For more information on reporting the Line 5d. Enter any allowable credit from Schedule J. deferred tax and interest, see the Form 8827, Credit for Prior Year Minimum Tax Computation and Instructions for Form 8621. Tax—Corporations. Complete and attach Payment Increase in tax attributable to partner's Form 8827. audit liability under section 6226. If the Line 5e. Enter the allowable credits from Part I—Tax Computation corporation is filing Form 8978 to report Form 8912, Credit to Holders of Tax Credit Line 1 adjustments shown on Form 8986 they Bonds, line 12. received from partnerships that have been If the corporation is a member of a audited and have elected to push out Line 6 controlled group, check the box on line 1. imputed underpayments to their partners, Complete and attach Schedule O (Form include any increase in taxes due from 1120), Consent Plan and Apportionment Form 8978, line 14, in the total for Form Add lines 5a through 5e. Enter the total on Schedule for a Controlled Group. 1120, Schedule J, line 2. On the dotted line 6. Component members of a controlled line next to line 2, enter "FROM FORM Decrease attributable to partner's au- group must use Schedule O to report the 8978" and the amount. Attach Form 8978. dit liability under section 6226. If the apportionment of certain tax benefits If Form 8978, line 14, shows a decrease in corporation is filing Form 8978 to report between the members of the group. See tax, see the instructions for Schedule J, adjustments shown on Form 8986 they Schedule O and the Instructions for line 6. received from partnerships that have been Schedule O for more information. Additional tax under section 197(f). A audited and have elected to push out corporation that elects to recognize gain imputed underpayments to their partners, and pay tax on the sale of a section 197 include any decrease in taxes due (negative amount) from Form 8978, Instructions for Form 1120 -19- |
Page 20 of 31 Fileid: … ions/i1120/2022/a/xml/cycle08/source 16:38 - 30-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. line 14, in the total for Form 1120, or to be refunded. See the Instructions for Subtract the following amounts from Schedule J, line 6. On the dotted line next Form 8866. Include any interest due on the total for line 11. to line 6, enter "FROM FORM 8978" and line 9d. • Deferred tax on the corporation's share the amount. Attach Form 8978. If Form of undistributed earnings of a qualified Line 9e. Alternative tax on qualifying 8978, line 14, shows an increase in tax, electing fund. See the Instructions for shipping activities. Enter any alternative see the instructions for Schedule J, line 2. Form 8621. tax on qualifying shipping activities from Form 8902. • Deferred LIFO recapture tax (section Line 8 1363(d)). This tax is the part of the LIFO Line 9f. Interest/tax due under section recapture tax that will be deferred and 453A(c) and/or section 453(l). Include paid with Form 1120-S in the future. To A corporation is taxed as a personal any interest on deferred tax attributable to figure the deferred tax, first figure the total holding company under section 542 if: certain nondealer installment obligations LIFO recapture tax. Follow the steps • At least 60% of its adjusted ordinary (section 453A(c)) and dealer installment below to figure the total LIFO recapture tax gross income for the tax year is personal obligations (section 453(l)). and the deferred amount. Also, see holding company income, and Line 10. Other Income, earlier. • At any time during the last half of the tax Line 9g. Other. Include on line 9g year more than 50% in value of its additional taxes and interest such as the outstanding stock is directly or indirectly following. Attach a statement showing the Step 1. Figure the tax on the owned by five or fewer individuals. computation of each item included in the corporation's income including the LIFO total for line 9g and identify the applicable recapture amount. Complete Schedule J, See Schedule PH (Form 1120) for Code section and the type of tax or Part I, lines 1 through 10. definitions and details on how to figure the interest. tax. • Recapture of Indian employment credit. Step 2. Using a separate worksheet, Generally, if an employer terminates the complete Schedule J again, but do not employment of a qualified employee less include the LIFO recapture amount in the Line 9 corporation's taxable income. than 1 year after the date of initial employment, any Indian employment Include any of the following taxes and credit allowed for a prior tax year because Step 3. Compare the tax in Step 2 to interest. of wages paid or incurred to that employee the tax in Step 1. The difference between Line 9a. Recapture of investment cred- must be recaptured. For details, see Form the two is the LIFO recapture tax. it. If the corporation disposed of 8845 and section 45A. investment credit property or changed its • Recapture of new markets credit (see Step 4. Multiply the amount figured in use before the end of its useful life or Form 8874, New Markets Credit, and Step 3 by 75% (0.75). The result is the recovery period, or is required to Form 8874-B, Notice of Recapture Event deferred LIFO recapture tax. recapture a qualifying therapeutic for New Markets Credit). discovery project grant, enter the increase • Recapture of employer-provided How to report. Attach a statement in tax from Form 4255, Recapture of childcare facilities and services credit (see showing the computation of each item Investment Credit. See the Instructions for Form 8882). included in, or subtracted from, the total Form 4255. • Tax and interest on a nonqualified for line 11. On the dotted line next to withdrawal from a capital construction line 11, specify (a) the applicable Code Line 9b. Recapture of low-income fund (section 7518(g)). section, (b) the type of tax, and (c) enter housing credit. If the corporation • Interest due on deferred gain (section the amount of tax. For example, if the disposed of property (or there was a 1260(b)). corporation is deferring a $100 LIFO reduction in the qualified basis of the • Interest due under section 1291(c)(3). recapture tax, subtract this amount from property) for which it took the low-income See Form 8621 and the Instructions for the total on line 11, then enter “Section housing credit, and the corporation did not Form 8621. 1363—Deferred Tax—$100” on the dotted follow the procedures that would have line next to line 11. prevented recapture of the credit, it may Alternative minimum tax (AMT). owe a tax. See Form 8611, Recapture of Applicable corporations subject to AMT Part II—Reserved For Future Low-Income Housing Credit. under section 59(k), if filing a return for a Use short tax year that begins in 2023 and Line 9c. Interest due under the ends in 2023, include on line 9g any Line 12 look-back method—completed corporate AMT imposed under section 55, long-term contracts. If the corporation as amended by the Inflation Reduction Act Reserved for future use. used the percentage-of-completion of 2022. On the dotted line next to line 9g, method under section 460(b) for certain enter “CAMT” and the AMT amount. Part III—Payments and long-term contracts, figure any interest Attach a detailed statement showing the Refundable Credits due or to be refunded using the look-back computation of the AMT. Include a method, described in section 460(b)(2). computation of adjusted financial Line 14 Use Form 8697 to figure any interest due statement income. Label the statement or to be refunded. See the Instructions for “CAMT.” Form 8697. Include any interest due on Enter any estimated tax payments the line 9c. corporation made for the tax year. Line 11 Line 9d. Interest due under the Beneficiaries of trusts. If the look-back method—income forecast Include any deferred tax on the corporation is the beneficiary of a trust, method. If the corporation used the termination of a section 1294 election and the trust makes a section 643(g) income forecast method to depreciate applicable to shareholders in a qualified election to credit its estimated tax property, it must figure any interest due or electing fund in the amount entered on payments to its beneficiaries, include the to be refunded using the look-back line 11. corporation's share of the payment in the method, described in section 167(g)(2). total for line 14. Enter “T” and the amount Use Form 8866 to figure any interest due on the dotted line next to the entry space. -20- Instructions for Form 1120 |
Page 21 of 31 Fileid: … ions/i1120/2022/a/xml/cycle08/source 16:38 - 30-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Line 15 For this purpose, the term “stock” Schedule K. generally does not include any stock that If the corporation overpaid estimated tax, it Other Information (a) is nonvoting, (b) is nonconvertible, (c) is limited and preferred as to dividends may be able to get a quick refund by filing Complete all items that apply to the and does not participate significantly in Form 4466. The overpayment must be at corporation. corporate growth, and (d) has redemption least 10% of the corporation's expected income tax liability and at least $500. File Question 2 and liquidation rights that do not exceed Form 4466 after the end of the See the list of Principal Business Activity the issue price of the stock (except for a corporation's tax year, and no later than Codes later in the instructions. Using the reasonable redemption or liquidation the due date for filing the corporation’s tax list of codes and activities, determine from premium). See section 1504(a)(4). return (not including extensions). Form which activity the corporation derives the Question 4. Constructive 4466 must be filed before the corporation highest percentage of its total receipts. Ownership of the Corporation files its tax return. See the instructions for Enter on lines 2a, 2b, and 2c the principal Form 4466. business activity code number, the For purposes of question 4, the corporation's business activity, and a constructive ownership rules of section Line 18 description of the principal product or 267(c) (excluding section 267(c)(3)) apply service of the corporation. For nonstore to ownership of interests in corporate retailers, select the PBA code by the stock and ownership of interests in the If the corporation had federal income tax primary product that your establishment profit, loss, or capital of a partnership. If withheld from any payments it received sells. For example, establishments the corporation checked “Yes” to question because, for example, it failed to give the primarily selling prescription and 4a or 4b, complete and attach Schedule G payer its correct EIN or was otherwise non-prescription drugs, select PBA code (Form 1120), Information on Certain subjected to back-up withholding, include 456110 Pharmacies & Drug Retailers. Persons Owning the Corporation's Voting the amount withheld in the total for line 18. Stock. Question 3 Question 5. Constructive Line 20. Refundable Credits Check the “Yes” box for question 3 if: • The corporation is a subsidiary in an Ownership of Other Entities Line 20a. Credit from Form 2439. Enter affiliated group (defined below), but is not For purposes of determining the any credit from Form 2439, Notice to filing a consolidated return for the tax year corporation's constructive ownership of Shareholder of Undistributed Long-Term with that group; or other entities, the constructive ownership Capital Gains, for the corporation's share • The corporation is a subsidiary in a rules of section 267(c) (excluding section of the tax paid by a regulated investment parent–subsidiary controlled group. For a 267(c)(3)) apply to ownership of interests company (RIC) or a real estate investment definition of a parent–subsidiary controlled in partnerships and trusts as well as trust (REIT) on undistributed long-term group, see the Instructions for Schedule O corporate stock. Generally, if an entity (a capital gains included in the corporation's (Form 1120). corporation, partnership, or trust) is income. Attach Form 2439. owned, directly or indirectly, by or for Any corporation that meets either of the another entity (corporation, partnership, Line 20b. Credit for federal tax on requirements above should check the estate, or trust), the owned entity is fuels. Enter the total income tax credit “Yes” box. This applies even if the considered to be owned proportionately claimed on Form 4136, Credit for Federal corporation is a subsidiary member of one by or for the owners (shareholders, Tax Paid on Fuels. Attach Form 4136. group and the parent corporation of partners, or beneficiaries) of the owning Line 20c. Reserved for future use. another. entity. Line 20d. Other. Include on line 20d any Note. If the corporation is an “excluded other refundable credit the corporation is member” of a controlled group (see Question 5a claiming, including the following. Attach a definition in the Instructions for statement listing the type of credit and the Schedule O (Form 1120)), it is still List each foreign or domestic corporation amount of the credit. considered a member of a controlled not included on Form 851, Affiliations • Credit for tax withheld under Chapter 3 group for this purpose. Schedule, in which the corporation, at the or 4 of the Internal Revenue Code that is end of the tax year, owned directly 20% or shown on Form 1042-S, Form 8805, or Affiliated group. An affiliated group is more, or owned, directly or indirectly, 50% Form 8288-A. Attach the applicable form. one or more chains of includible or more of the total voting power of all • Credit for tax on ozone-depleting corporations (section 1504(a)) connected classes of stock entitled to vote. Indicate chemicals. See section 4682(g)(2). through stock ownership with a common the name of the corporation, EIN (if any), • Credit under section 960(c) (section parent corporation. The common parent country of incorporation, and the 960(b) for pre-2018 taxable years of must be an includible corporation and the percentage interest owned, directly or foreign corporations). If an increase in the following requirements must be met. indirectly, in the total voting power. List the limitation under section 960(c) (section 1. The common parent must own parent corporation of an affiliated group of 960(b) (pre-2018)) exceeds the total tax directly stock that represents at least 80% corporations filing a consolidated tax on Schedule J, Part I, line 11, for the tax of the total voting power and at least 80% return rather than the subsidiary members year, the amount of the excess is deemed of the total value of the stock of at least except for subsidiary members in which an overpayment of tax for the tax year. one of the other includible corporations. an interest is owned, directly or indirectly, See section 960(c) (section 960(b) 2. Stock that represents at least 80% independent of the interest owned, directly (pre-2018)) for more information regarding of the total voting power and at least 80% or indirectly, in the parent corporation. List the circumstances under which such an of the total value of the stock of each of a corporation owned through a excess arises. the other corporations (except for the disregarded entity rather than the common parent) must be owned directly disregarded entity. Line 22 by one or more of the other includible corporations. Reserved for future use. Instructions for Form 1120 -21- |
Page 22 of 31 Fileid: … ions/i1120/2022/a/xml/cycle08/source 16:38 - 30-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Question 5b Corporation A reports in its answer to for Form 5472, for filing instructions and question 5a that it owns, directly or penalties for failure to file. List each foreign or domestic partnership indirectly, 50% of the voting stock of in which the corporation, at the end of the Corporation D. Corporation A reports in its Item 9 tax year, owned directly an interest of 20% answer to question 5b that it owns, Show any tax-exempt interest received or or more, or owned, directly or indirectly, an directly, an interest of 50% in the profit, accrued. Include any exempt-interest interest of 50% or more in the profit, loss, loss, or capital of Partnership B and owns, dividends received as a shareholder in a or capital of the partnership. List each trust directly or indirectly, 50% of the profit, mutual fund or other RIC. Also, if required, in which the corporation, at the end of the loss, or capital of Partnership C. include the same amount on tax year, owned directly an interest of 20% Schedule M-1, line 7 (or Schedule M-3 or more, or owned, directly or indirectly, an Question 7 (Form 1120), Part II, line 13, if applicable). interest of 50% or more in the trust Check the “Yes” box if one foreign person beneficial interest. Indicate the name, EIN owned at least 25% of the total voting Item 11 (if any), country of organization, and the power of all classes of stock of the Generally, if the corporation has an NOL maximum percentage interest owned, corporation entitled to vote or at least 25% for tax year 2022, it can elect to waive the directly or indirectly, in the profit, loss, or of the total value of all classes of stock of entire carryback period for the NOL and capital of the partnership at the end of the the corporation. instead carry the NOL forward to future tax years. To do so, check the box on line 11 partnership tax year, or, for a trust, the The constructive ownership rules of and file the tax return by its due date, percentage interest owned in the trust section 318 apply in determining if a including extensions. Do not attach the beneficial interest. List a partnership or corporation is foreign owned. See section statement described in Temporary trust owned through a disregarded entity 6038A(c)(5) and the related regulations. Regulations section 301.9100-12T. rather than the disregarded entity. Enter on line 7a the percentage owned Generally, once made, the election is Maximum percentage owned in part- by the foreign person specified in question irrevocable. nership profit, loss, or capital. For the 7. On line 7b, enter the name of the If the corporation timely filed its return purposes of question 5b, the term owner’s country. for the loss year without making the “maximum percentage owned” means the election, it can make the election on an highest percentage of interest in a Note. If there is more than one amended return filed within 6 months of partnership's profit, loss, or capital as of 25%-or-more foreign owner, complete the due date of the loss year return the end of the partnership's tax year, as question 7 for the foreign person with the (excluding extensions). Attach the election determined under the partnership highest percentage of ownership. to the amended return and write "Filed agreement, when taking into account the constructive ownership rules earlier. If the Foreign person. The term “foreign pursuant to section 301.9100-2" on the partnership agreement does not express person” means: election statement. See the Instructions the partner's share of profit, loss, and • An individual who is not a citizen or for Form 1139. capital as fixed percentages, use a resident of the United States; Corporations filing a consolidated reasonable method in arriving at the • An individual who is a citizen or resident return that elect to waive the entire percentage items for the purposes of of a U.S. possession who is not otherwise carryback period for the group must also completing question 5b. Such method a citizen or resident of the United States; attach the statement required by must be consistent with the partnership • Any partnership, association, company, Regulations section 1.1502-21(b)(3) or the agreement. The method used to compute or corporation that is not created or election will not be valid. a percentage share of profit, loss, and organized in the United States; capital must be applied consistently from • Any foreign estate or trust within the Item 12 year to year. Maintain records to support meaning of section 7701(a)(31); or Enter the amount of the NOL carryover to the determination of the share of profits, • A foreign government (or one of its the tax year from prior years, even if some losses, and capital. agencies or instrumentalities) to the extent of the loss is used to offset income on this that it is engaged in the conduct of a return. The amount to enter is the total of Example. Corporation A owns, commercial activity, as described in all NOLs generated in prior years but not directly, a 50% interest in the profit, loss, section 892. used to offset income (either as a or capital of Partnership B. Corporation A also owns, directly, a 15% interest in the However, the term "foreign person" carryback or carryover) to a tax year prior profit, loss, or capital of Partnership C and does not include any foreign person who to 2022. Do not reduce the amount by any owns, directly, 15% of the voting stock of consents to the filing of a joint U.S. income NOL deduction reported on line 29a. Corporation D. Partnership B owns, tax return. Question 14 directly, a 70% interest in the profit, loss, Owner's country. For individuals, the A corporation that files Form 1120 must or capital of Partnership C and owns, term “owner's country” means the country file Schedule UTP (Form 1120), Uncertain directly, 70% of the voting stock of of residence. For all others, it is the Tax Position Statement, with its 2022 Corporation D. Corporation A owns, country where incorporated, organized, income tax return if: indirectly, through Partnership B, a 35% created, or administered. • For 2022, the corporation's total assets interest (50% of 70%) in the profit, loss, or capital of Partnership C and owns, Requirement to file Form 5472. If the equal or exceed $10 million; indirectly, 35% of the voting stock of corporation checked “Yes,” it may have to • The corporation or a related party Corporation D. Corporation A owns, file Form 5472, Information Return of a issued audited financial statements directly or indirectly, a 50% interest in the 25% Foreign-Owned U.S. Corporation or reporting all or a portion of the profit, loss, or capital of Partnership C a Foreign Corporation Engaged in a U.S. corporation's operations for all or a portion (15% directly and 35% indirectly), and Trade or Business. Generally, a 25% of the corporation's tax year; and owns, directly or indirectly, 50% of the foreign-owned corporation that had a • The corporation has one or more tax voting stock of Corporation D (15% reportable transaction with a foreign or positions that must be reported on directly and 35% indirectly). domestic related party during the tax year Schedule UTP. must file Form 5472. See the Instructions Attach Schedule UTP to the corporation's income tax return. Do not file -22- Instructions for Form 1120 |
Page 23 of 31 Fileid: … ions/i1120/2022/a/xml/cycle08/source 16:38 - 30-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. it separately. A taxpayer that files a rule under Regulations section see section 163(j) and the Instructions for protective Form 1120 must also file 1.267A-5(b)(6). Form 8990. Schedule UTP if it satisfies the Extent to which deduction is disal- requirements set forth above. Question 24 lowed. When section 267A applies to Generally, a taxpayer with a trade or For details, see the Instructions for interest or royalties paid or accrued business must file Form 8990 to claim a Schedule UTP. pursuant to a hybrid arrangement, it deduction for business interest. In generally disallows a deduction for the addition, Form 8990 must be filed by any Questions 15a and 15b amount to the extent that, under the taxpayer that owns an interest in a If the corporation made any payment in foreign tax law, there is not a partnership with current year, or prior year 2022 that would require the corporation to corresponding income inclusion (including carryover, excess business interest file any Form(s) 1099, check the “Yes” box long-term deferral). However, the expense allocated from the partnership. for question 15a and answer question deduction is not disallowed to the extent 15b. Otherwise, check the “No” box for the amount is directly or indirectly included Exclusions from filing. A taxpayer is not question 15a and skip question 15b. See in income in the United States, such as if required to file Form 8990 if the taxpayer Am I Required to File a Form 1099 or the amount is taken into account with is a small business taxpayer (defined Other Information Return? on IRS.gov. respect to a U.S. shareholder under below) and does not have excess section 951(a) or section 951A. For business interest expense from a Question 19 additional information, see Regulations partnership. A taxpayer also is not If the corporation made any payments in sections 1.267A-2 through 1.267A-4. For required to file Form 8990 if the taxpayer 2022 that would require the corporation to examples illustrating the application of only has business interest expense from file any Forms 1042 and 1042 S, check ‐ section 267A, see Regulations section these excepted trades or businesses: the “Yes” box. See the Instructions for 1.267A-6. • An electing real property trade or business, Form 1042 and Instructions for Form Question 22 • An electing farming business, or 1042 S for information regarding who is ‐ required to file Forms 1042 and 1042 S ‐ If the corporation had gross receipts of at • Certain utility businesses. and what types of payments are subject to least $500 million in any 1 of the 3 Small business taxpayer. A small reporting on Forms 1042 and 1042 S.‐ preceding tax years, complete and attach business taxpayer is not subject to the Form 8991. For this purpose, the business interest expense limitation and is Question 21 corporation's gross receipts include the not required to file Form 8990. A small If the corporation paid or accrued gross receipts of all persons aggregated business taxpayer is a taxpayer that (a) is (including through a partnership) any with the corporation, as specified in not a tax shelter (as defined in section interest or royalty for which a deduction is section 59A(e)(3). See the Instructions for 448(d)(3)), and (b) meets the gross not allowed under section 267A, check Form 8991 to determine if the corporation receipts test of section 448(c), discussed "Yes" for question 21 and enter the total is subject to the base erosion minimum next. amount for which a deduction is not tax. Gross receipts test. For 2022, a allowed. Question 23 taxpayer meets the gross receipts test if Payments to which section 267A ap- The limitation on business interest the taxpayer has average annual gross plies. Interest or royalty paid or accrued expense applies to every taxpayer with a receipts of $27 million or less for the 3 by a domestic corporation (including, in trade or business, unless the taxpayer prior tax years. A taxpayer's average the case of a domestic corporation that is meets certain specified exceptions. A annual gross receipts for the 3 prior tax a partner in a partnership, the domestic taxpayer may elect out of the limitation for years is determined by adding the gross corporation's allocable share of interest or certain businesses otherwise subject to receipts for the 3 prior tax years and royalty paid or accrued by the partnership) the business interest expense limitation. dividing the total by 3. Gross receipts is subject to section 267A. Section 267A See Question 24. Also, see the include the aggregate gross receipts from generally applies to interest or royalty paid Instructions for Form 8990. all persons treated as a single employer, or accrued according to a hybrid such as a controlled group of arrangement (such as, for example, a Certain real property trades or payment according to a hybrid instrument, businesses and farming businesses corporations, commonly controlled or a payment to a reverse hybrid), qualify to make an election not to limit partnerships, or proprietorships, and provided that the payment or accrual is to business interest expense. This is an affiliated service groups. See section a related party (or according to a irrevocable election. If you make this 448(c) and the Instructions for Form 8990 structured arrangement). In addition, election, you are required to use the for additional information. under an imported mismatch rule, section alternative depreciation system to Question 25 267A generally applies to interest or depreciate any nonresidential real royalties paid or accrued according to a property, residential rental property, and To certify as a QOF, the corporation must non-hybrid arrangement where the income qualified improvement property for an file Form 1120 and attach Form 8996, attributable to that payment or accrual is electing real property trade or business, even if the corporation had no income or directly or indirectly offset by certain and any property with a recovery period of expenses to report. If the corporation is deductions involving hybridity incurred by 10 years or more for an electing farming attaching Form 8996, check the “Yes” box a related party or according to a structured business. See section 168(g)(1)(F). Also, for question 25. On the line following the arrangement. However, section 267A you are not entitled to the special dollar sign, enter the amount from Form does not apply if a de minimis exception is depreciation allowance for that property. 8996, line 15. satisfied. See Regulations section For a taxpayer with more than one The penalty reported on this line from 1.267A-1(c). For purposes of section qualifying business, the election is made Form 8996, line 15, is not due with the 267A, interest and royalties are defined with respect to each business. filing of this form. The IRS will separately broadly. For additional information about Check “Yes” if the corporation has an send to you a notice setting forth the due arrangements subject to section 267A, election in effect to exclude a real property date for the penalty payment and where see Regulations sections 1.267A-2 and trade or business or a farming business that payment should be sent. 1.267A-4. Also, see the anti-avoidance from section 163(j). For more information, Instructions for Form 1120 -23- |
Page 24 of 31 Fileid: … ions/i1120/2022/a/xml/cycle08/source 16:38 - 30-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Question 26 • Corporations with total receipts (page 1, Check the “Yes” box if: Schedule L. line 1a plus lines 4 through 10) and total 1. On or after December 22, 2017, a Balance Sheets per Books assets at the end of the tax year less than $250,000 are not required to complete foreign corporation directly or indirectly The balance sheets should agree with the Schedules L, M-1, and M-2 if the “Yes” acquired substantially all of the properties corporation's books and records. box on Schedule K, question 13, is held directly or indirectly by the Corporations with total receipts checked. corporation; and (page 1, line 1a plus lines 4 through 10) • Corporations with total assets 2. The ownership percentage with and total assets at the end of the tax year non-consolidated (or consolidated for all respect to the acquisition was greater than less than $250,000 are not required to corporations included within the 50% (by vote or by value). complete Schedules L, M-1, and M-2 if the consolidated tax group) of $10 million or “Yes” box on Schedule K, question 13, is more on the last day of the tax year must If “Yes” is checked, also enter in the checked. file Schedule M-3 (Form 1120) instead of space provided the ownership percentage Schedule M-1. both by vote and by value. If there are Corporations with total assets multiple acquisitions that must be non-consolidated (or consolidated for all • A corporation filing Form 1120 that is reported, enter the ownership for the most corporations included within the not required to file Schedule M-3 may recent acquisition. Attach a statement consolidated tax group) of $10 million or voluntarily file Schedule M-3 instead of reporting the ownership percentage by more on the last day of the tax year must Schedule M-1. See the Instructions for vote and by value for the other file Schedule M-3 (Form 1120) instead of Schedule M-3 (Form 1120) for more acquisitions. Schedule M-1. However, see the information. instructions for Schedule M-1 below. See • Corporations that (a) are required to file Section 7874 applies in certain cases the separate Instructions for Schedule M-3 Schedule M-3 (Form 1120) and have less in which a foreign corporation directly or (Form 1120) for provisions that also affect than $50 million total assets at the end of indirectly acquires substantially all of the Schedule L. the tax year, or (b) are not required to file properties of a domestic corporation. Schedule M-3 (Form 1120) and voluntarily Generally, it applies when three If filing a consolidated return, report file Schedule M-3 (Form 1120), must requirements are satisfied. total consolidated assets, liabilities, and either (i) complete Schedule M-3 (Form shareholder's equity for all corporations 1120) entirely or (ii) complete 1. Pursuant to a plan or series of joining in the return. See Consolidated Schedule M-3 (Form 1120) through Part I, related transactions, a foreign corporation Return, earlier. and complete Form 1120, Schedule M-1, must acquire directly or indirectly instead of completing Parts II and III of substantially all of the properties held Line 1 Schedule M-3 (Form 1120). If the directly or indirectly by a domestic Include certificates of deposit as cash on corporation chooses to complete corporation. this line. Schedule M-1 instead of completing Parts 2. After the acquisition, the ownership II and III of Schedule M-3, the amount on percentage (by vote or value) must be at Line 5 Schedule M-1, line 1, must equal the least 60%. Include on this line: amount on Schedule M-3, Part I, line 11. 3. After the acquisition, the expanded • State and local government obligations, See the Instructions for Schedule M-3 the interest on which is excludable from affiliated group that includes the foreign (Form 1120) for more information. gross income under section 103(a), and acquiring corporation must not have substantial business activities in the • Stock in a mutual fund or other RIC that Line 5c distributed exempt-interest dividends foreign country in which the foreign Include any of the following applicable during the tax year of the corporation. acquiring corporation is created or expenses. organized. Line 26 • Entertainment expenses not deductible under section 274(a). When section 7874 applies, the tax Some examples of adjustments to report • Meal expenses not deductible under treatment of the acquisition depends on on this line include: section 274(n). the ownership percentage. If the • Unrealized gains and losses on • Qualified transportation fringes not ownership percentage is at least 80%, securities held “available for sale,” deductible under 274(a)(4). then the foreign acquiring corporation is • Foreign currency translation • Expenses for the use of an treated as a domestic corporation for all adjustments, entertainment facility. purposes of the Internal Revenue Code. • The excess of additional pension • The part of business gifts over $25. See section 7874(b). If the ownership liability over unrecognized prior service • Expenses of an individual over $2,000, percentage is at least 60% but less than cost, allocable to conventions on cruise ships. 80%, then the foreign acquiring • Guarantees of employee stock (ESOP) • Employee achievement awards of corporation is respected as a foreign debt, and nontangible or tangible property over $400 corporation, but the domestic corporation • Compensation related to employee ($1,600 if part of a qualified plan). and certain other persons are subject to stock award plans. • The cost of skyboxes. special rules that reduce the tax benefits If the total adjustment to be entered on • Nondeductible club dues. of the acquisition. See section 7874(a). line 26 is a negative amount, enter the • The part of luxury water travel expenses See the regulations under section 7874 amount in parentheses. not deductible under section 274(m). for rules regarding the computation of the • Expenses for travel as a form of ownership percentage. See sections education. 59A(d)(4), 965(l), 4501(d), and 4985 for Schedule M-1. • Other nondeductible travel and additional rules regarding the tax Reconciliation of Income entertainment expenses. treatment of certain expatriated entities. (Loss) per Books With For more information, see Pub. 535. Income per Return In completing Schedule M-1, the following apply. -24- Instructions for Form 1120 |
Page 25 of 31 Fileid: … ions/i1120/2022/a/xml/cycle08/source 16:38 - 30-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Line 7 was not fully forgiven. The corporation Report any tax-exempt interest received Schedule M-2. Analysis of should attach a statement to or accrued, including any exempt-interest Unappropriated Retained Schedule M-2 including the following information: dividends received as a shareholder in a Earnings per Books 1. The corporation's name, address, mutual fund or other RIC. Also, report this If the corporation treats tax-exempt and EIN; same amount on Schedule K, item 9. income resulting from a PPP loan as The corporation should include received or accrued prior to when 2. A statement that the corporation is tax-exempt income from forgiven PPP forgiveness of the PPP loan is granted and making adjustments in accordance with loans on line 7 of Schedule M-1 (if it was the amount of forgiveness granted is less section 3.03 of Rev. Proc. 2021-48; and included on line 1 of the Schedule M-1), or than the amount of tax-exempt income 3. The tax year for which tax-exempt on Part II, line 25 of Schedule M-3 (Form that was previously treated as received or income was originally reported, the 1120), column (c) as a negative number (if accrued, the corporation should include amount of tax-exempt income that was it was included on line 25 in column (a) as the difference as a decrease in originally reported for such tax year, and Income per Income Statement). tax-exempt income on Schedule M-2, the amount of tax-exempt income being line 6, for the tax year in which the adjusted on Schedule M-2. taxpayer receives notice that the PPP loan Instructions for Form 1120 -25- |
Page 26 of 31 Fileid: … ions/i1120/2022/a/xml/cycle08/source 16:38 - 30-Jan-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. Estimates of Taxpayer Burden. The following tables show burden estimates based on current statutory requirements as of November 2022 for taxpayers filing 2022 Forms 1065, 1120, 1120-C, 1120-F, 1120-H, 1120-ND, 1120-S, 1120-SF, 1120-FSC, 1120-L, 1120-PC, 1066, 1120-REIT, 1120-RIC, 1120-POL, and related attachments. Time spent and out-of-pocket costs are presented separately. Time burden is broken out by taxpayer activity, with reporting representing the largest component. Out-of-pocket costs include any expenses incurred by taxpayers to prepare and submit their tax returns. Examples include tax return preparation and submission fees, postage and photocopying costs, and tax preparation software costs. While these estimates don't include burden associated with post-filing activities, IRS operational data indicate that electronically prepared and filed returns have fewer arithmetic errors, implying lower post-filing burden. Reported time and cost burdens are national averages and don't necessarily reflect a “typical” case. Most taxpayers experience lower than average burden, with taxpayer burden varying considerably by taxpayer type. For instance, the estimated average time burden for all business entities is 93 hours, with an average cost of $3,927 per return. This average includes all associated forms and schedules, across all preparation methods and taxpayer activities. The average burden for partnerships filing Forms 1065 and related attachments is about 85 hours and $3,900; the average burden for corporations filing Form 1120 and associated forms is about 140 hours and $6,100; and the average burden for Forms 1066, 1120-REIT, 1120-RIC, 1120S, and all related attachments is 80 hours and $3,100. Within each of these estimates there is significant variation in taxpayer activity. Tax preparation fees and other out-of-pocket costs vary extensively depending on the tax situation of the taxpayer, the type of software or professional preparer used, and the geographic location. Third-party burden hours are not included in these estimates. Table 1 – Taxpayer Burden for Entities Taxed as Partnerships Forms 1065, 1066, and all attachments Primary Form Filed or Type of Total Number of Returns Average Time (hours) Average Cost ($) Average Monetized Taxpayer (millions) Burden ($) All Partnerships 4.8 85 3,900 7,900 Small 4.5 75 2,800 5,300 Large* 0.3 245 20,600 45,900 *A large business is defined as one having end-of-year assets greater than $10 million. A large business is defined the same way for partnerships, taxable corporations, and pass-through corporations. A small business is any business that doesn't meet the definition of a large business. Table 2 – Taxpayer Burden for Entities Taxed as Taxable Corporations Forms 1120, 1120-C, 1120-F, 1120-H, 1120-ND, 1120-SF, 1120-FSC, 1120-L, 1120-PC, 1120-POL, and all attachments Primary Form Filed or Type of Total Number of Returns Average Time (hours) Average Cost ($) Average Monetized Taxpayer (millions) Burden ($) All Taxable Corporations 2.1 140 6,100 15,100 Small 2.0 90 3,100 6,400 Large* 0.1 895 49,700 142,600 *A large business is defined as one having end-of-year assets greater than $10 million. A large business is defined the same way for partnerships, taxable corporations, and pass-through corporations. A small business is any business that doesn't meet the definition of a large business. Table 3 – Taxpayer Burden for Entities Taxed as Pass-Through Corporations Forms 1120-REIT, 1120-RIC, 1120-S, and all attachments Primary Form Filed or Type of Total Number of Returns Average Time (hours) Average Cost ($) Average Monetized Taxpayer (millions) Burden ($) All Pass-Through Corporations 5.4 80 3,100 6,400 Small 5.3 80 2,800 5,800 Large* 0.1 330 24,500 58,500 *A large business is defined as one having end-of-year assets greater than $10 million. A large business is defined the same way for partnerships, taxable corporations, and pass-through corporations. A small business is any business that doesn't meet the definition of a large business. Comments. If you have comments concerning the accuracy of these time estimates or suggestions for making these forms simpler, we would be happy to hear from you. You can send us comments through IRS.gov/FormComments. Or you can write to the -26- Instructions for Form 1120 |
Page 27 of 31 Fileid: … ions/i1120/2022/a/xml/cycle08/source 16:38 - 30-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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, near the beginning of the instructions. Instructions for Form 1120 -27- |
Page 28 of 31 Fileid: … ions/i1120/2022/a/xml/cycle08/source 16:38 - 30-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Principal Business Activity Codes largest percentage of its “total receipts.” Total receipts is 2a, 2b, and 2c. On line 2a, enter the six-digit code defined as the sum of gross receipts or sales (page 1, selected from the list below. On line 2b, enter the This list of principal business activities and their line 1a) plus all other income (page 1, lines 4 through company's business activity. On line 2c, enter a brief associated codes is designed to classify an enterprise 10). If the company purchases raw materials and description of the principal product or service of the by the type of activity in which it is engaged to facilitate supplies them to a subcontractor to produce the finished company. the administration of the Internal Revenue Code. These product, but retains title to the product, the company is principal business activity codes are based on the North considered a manufacturer and must use one of the American Industry Classification System. manufacturing codes (311110–339900). Using the list of activities and codes below, Once the principal business activity is determined, determine from which activity the company derives the entries must be made on Form 1120, Schedule K, lines Agriculture, Forestry, Fishing, 238300 Building Finishing Contractors Plastics and Rubber Products Furniture and Related Product (including drywall, insulation, Manufacturing Manufacturing and Hunting painting, wallcovering, flooring, 326100 Plastics Product Mfg 337000 Furniture & Related Product Crop Production tile, & finish carpentry) 326200 Rubber Product Mfg Manufacturing 111100 Oilseed & Grain Farming 238900 Other Specialty Trade Nonmetallic Mineral Product Miscellaneous Manufacturing 111210 Vegetable & Melon Farming Contractors (including site Manufacturing 339110 Medical Equipment & Supplies (including potatoes & yams) preparation) Mfg 327100 Clay Product & Refractory Mfg 111300 Fruit & Tree Nut Farming Manufacturing 327210 Glass & Glass Product Mfg 339900 Other Miscellaneous 111400 Greenhouse, Nursery, & Food Manufacturing 327300 Cement & Concrete Product Mfg Manufacturing Floriculture Production 311110 Animal Food Mfg 327400 Lime & Gypsum Product Mfg Wholesale Trade 111900 Other Crop Farming (including 311200 Grain & Oilseed Milling 327900 Other Nonmetallic Mineral Merchant Wholesalers, Durable Goods tobacco, cotton, sugarcane, hay, 311300 Sugar & Confectionery Product Product Mfg 423100 Motor Vehicle & Motor Vehicle peanut, sugar beet, & all other Mfg Primary Metal Manufacturing Parts & Supplies crop farming) Animal Production 311400 Fruit & Vegetable Preserving & 331110 Iron & Steel Mills & Ferroalloy 423200 Furniture & Home Furnishings 112111 Beef Cattle Ranching & Farming Specialty Food Mfg Mfg 423300 Lumber & Other Construction 112112 Cattle Feedlots 311500 Dairy Product Mfg 331200 Steel Product Mfg from Materials 112120 Dairy Cattle & Milk Production 311610 Animal Slaughtering and Purchased Steel 423400 Professional & Commercial Processing 331310 Alumina & Aluminum Production Equipment & Supplies 112210 Hog & Pig Farming 311710 Seafood Product Preparation & & Processing 423500 Metal & Mineral (except 112300 Poultry & Egg Production Packaging 331400 Nonferrous Metal (except Petroleum) 112400 Sheep & Goat Farming 311800 Bakeries, Tortilla & Dry Pasta Aluminum) Production & 423600 Household Appliances and 112510 Aquaculture (including shellfish & Mfg Processing Electrical & Electronic Goods finfish farms & hatcheries) 311900 Other Food Mfg (including 331500 Foundries 423700 Hardware, Plumbing, & Heating 112900 Other Animal Production coffee, tea, flavorings & Fabricated Metal Product Equipment & Supplies Forestry and Logging seasonings) Manufacturing 423800 Machinery, Equipment, & 113110 Timber Tract Operations Beverage and Tobacco Product 332110 Forging & Stamping Supplies Manufacturing 113210 Forest Nurseries & Gathering of 312110 Soft Drink & Ice Mfg 332210 Cutlery & Handtool Mfg 423910 Sporting & Recreational Goods & Forest Products 312120 Breweries 332300 Architectural & Structural Metals Supplies Mfg 423920 Toy & Hobby Goods & Supplies 113310 Logging 312130 Wineries 332400 Boiler, Tank, & Shipping 423930 Recyclable Materials Fishing, Hunting, and Trapping 312140 Distilleries Container Mfg 423940 Jewelry, Watch, Precious Stone, 114110 Fishing 312200 Tobacco Manufacturing 332510 Hardware Mfg & Precious Metals 114210 Hunting & Trapping Textile Mills and Textile Product Mills 332610 Spring & Wire Product Mfg 423990 Other Miscellaneous Durable Support Activities for Agriculture and 313000 Textile Mills 332700 Machine Shops; Turned Product; Goods Forestry & Screw, Nut, & Bolt Mfg Merchant Wholesalers, Nondurable 115110 Support Activities for Crop 314000 Textile Product Mills Goods Production (including cotton Apparel Manufacturing 332810 Coating, Engraving, Heat ginning, soil preparation, 315100 Apparel Knitting Mills Treating, & Allied Activities 424100 Paper & Paper Products planting, & cultivating) 315210 Cut & Sew Apparel Contractors 332900 Other Fabricated Metal Product 424210 Drugs & Druggists' Sundries Mfg 424300 Apparel, Piece Goods, & Notions 115210 Support Activities for Animal 315250 Cut & Sew Apparel Mfg (except Machinery Manufacturing 424400 Grocery & Related Products Production (including farriers) Contractors) 333100 Agriculture, Construction, & 424500 Farm Product Raw Materials 115310 Support Activities for Forestry 315990 Apparel Accessories & Other Mining Machinery Mfg 424600 Chemical & Allied Products Mining Apparel Mfg 333200 Industrial Machinery Mfg 424700 Petroleum & Petroleum Products 211120 Crude Petroleum Extraction Leather and Allied Product 333310 Commercial & Service Industry 424800 Beer, Wine, & Distilled Alcoholic 211130 Natural Gas Extraction Manufacturing Machinery Mfg Beverages Finishing 212110 Coal Mining 316110 Leather & Hide Tanning & 333410 Ventilation, Heating, 424910 Farm Supplies 212200 Metal Ore Mining 316210 Footwear Mfg (including rubber Air-Conditioning, & Commercial 212310 Stone Mining & Quarrying & plastics) Refrigeration Equipment Mfg 424920 Book, Periodical, & Newspapers 212320 Sand, Gravel, Clay, & Ceramic & 316990 Other Leather & Allied Product 333510 Metalworking Machinery Mfg 424930 Flower, Nursery Stock, & Florists' Refractory Minerals Mining & Mfg 333610 Engine, Turbine & Power Supplies Quarrying Wood Product Manufacturing Transmission Equipment Mfg 424940 Tobacco Products & Electronic 212390 Other Nonmetallic Mineral 321110 Sawmills & Wood Preservation 333900 Other General Purpose Cigarettes Machinery Mfg 424950 Paint, Varnish, & Supplies Mining & Quarrying 321210 Veneer, Plywood, & Engineered Computer and Electronic Product 424990 Other Miscellaneous Nondurable 213110 Support Activities for Mining Wood Product Mfg Manufacturing Goods Utilities 321900 Other Wood Product Mfg 334110 Computer & Peripheral WholesaleTrade Agents and Brokers 221100 Electric Power Generation, Paper Manufacturing Equipment Mfg 425120 Wholesale Trade Agents & Transmission & Distribution 322100 Pulp, Paper, & Paperboard Mills 334200 Communications Equipment Mfg Brokers 221210 Natural Gas Distribution 322200 Converted Paper Product Mfg 334310 Audio & Video Equipment Mfg Retail Trade 221300 Water, Sewage & Other Systems Printing and Related Support Activities 334410 Semiconductor & Other Motor Vehicle and Parts Dealers 221500 Combination Gas & Electric 323100 Printing & Related Support Electronic Component Mfg Construction Activities 334500 Navigational, Measuring, 441110 New Car Dealers Petroleum and Coal Products Electromedical, & Control 441120 Used Car Dealers Construction of Buildings Manufacturing Instruments Mfg 441210 Recreational Vehicle Dealers 236110 Residential Building Construction 324110 Petroleum Refineries (including 334610 Manufacturing & Reproducing 441222 Boat Dealers 236200 Nonresidential Building integrated) Magnetic & Optical Media 441227 Motorcycle, ATV, and All Other Construction 324120 Asphalt Paving, Roofing, & Electrical Equipment, Appliance, and Motor Vehicle Dealers Heavy and Civil Engineering Saturated Materials Mfg Component Manufacturing 441300 Automotive Parts, Accessories, Construction 324190 Other Petroleum & Coal 335100 Electric Lighting Equipment Mfg & Tire Retailers 237100 Utility System Construction Products Mfg 335200 Household Appliance Mfg Furniture and Home Furnishings 237210 Land Subdivision Chemical Manufacturing 335310 Electrical Equipment Mfg Retailers 237310 Highway, Street, & Bridge 325100 Basic Chemical Mfg 335900 Other Electrical Equipment & 449110 Furniture Retailers Construction 325200 Resin, Synthetic Rubber, & Component Mfg 449121 Floor Covering Retailers 237990 Other Heavy & Civil Engineering Artificial & Synthetic Fibers & Transportation Equipment 449122 Window Treatment Retailers Construction Filaments Mfg Manufacturing 449129 All Other Home Furnishings Specialty Trade Contractors 325300 Pesticide, Fertilizer, & Other 336100 Motor Vehicle Mfg Retailers 238100 Foundation, Structure, & Building Agricultural Chemical Mfg 336210 Motor Vehicle Body & Trailer Mfg Electronics and Appliance Retailers Exterior Contractors (including 325410 Pharmaceutical & Medicine Mfg 336300 Motor Vehicle Parts Mfg 449210 Electronics & Appliance Retailers framing carpentry, masonry, 325500 Paint, Coating, & Adhesive Mfg 336410 Aerospace Product & Parts Mfg (including Computers) glass, roofing, & siding) 325600 Soap, Cleaning Compound, & 336510 Railroad Rolling Stock Mfg Building Material and Garden 238210 Electrical Contractors Toilet Preparation Mfg 336610 Ship & Boat Building Equipment and Supplies Dealers 238220 Plumbing, Heating, & 325900 Other Chemical Product & 336990 Other Transportation Equipment 444110 Home Centers Air-Conditioning Contractors Preparation Mfg Mfg 444120 Paint & Wallpaper Retailers 238290 Other Building Equipment 444140 Hardware Retailers Contractors -28- |
Page 29 of 31 Fileid: … ions/i1120/2022/a/xml/cycle08/source 16:38 - 30-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Principal Business Activity Codes (Continued) 444180 Other Building Material Dealers 485320 Limousine Service 523160 Commodity Contracts 541340 Drafting Services 444200 Lawn & Garden Equipment & 485410 School & Employee Bus Intermediation 541350 Building Inspection Services Supplies Retailers Transportation 523210 Securities & Commodity 541360 Geophysical Surveying & Food and Beverage Retailers 485510 Charter Bus Industry Exchanges Mapping Services 445110 Supermarkets and Other 485990 Other Transit & Ground 523900 Other Financial Investment 541370 Surveying & Mapping (except Grocery Retailers (except Passenger Transportation Activities (including portfolio Geophysical) Services Convenience) Pipeline Transportation management & investment 541380 Testing Laboratories & Services advice) 445131 Convenience Retailers 486000 Pipeline Transportation Insurance Carriers and Related Specialized Design Services 445132 Vending Machine Operators Scenic & Sightseeing Transportation Activities 541400 Specialized Design Services 445230 Fruit & Vegetable Markets 487000 Scenic & Sightseeing 524110 Direct Life, Health, & Medical (including interior, industrial, 445240 Meat Retailers Transportation Insurance Carriers graphic, & fashion design) 445250 Fish & Seafood Retailers Support Activities for Transportation 524120 Direct Insurance (except Life, Computer Systems Design and Related 445291 Baked Goods Retailers 488100 Support Activities for Air Health, & Medical) Carriers Services 445292 Confectionery & Nut Retailers Transportation 524210 Insurance Agencies & 541511 Custom Computer Programming 445298 All Other Specialty Food 488210 Support Activities for Rail Brokerages Services Retailers Transportation 524290 Other Insurance Related 541512 Computer Systems Design 445320 Beer, Wine, & Liquor Retailers 488300 Support Activities for Water Activities (including third-party Services Health and Personal Care Retailers Transportation administration of insurance and 541513 Computer Facilities Management 456110 Pharmacies & Drug Retailers 488410 Motor Vehicle Towing pension funds) Services 456120 Cosmetics, Beauty Supplies, & 488490 Other Support Activities for Road Funds, Trusts, and Other Financial 541519 Other Computer Related Perfume Retailers Transportation Vehicles Services 456130 Optical Goods Retailers 488510 Freight Transportation 525100 Insurance & Employee Benefit Other Professional, Scientific, and Arrangement Funds Technical Services 456190 Other Health & Personal Care 488990 Other Support Activities for 525910 Open-End Investment Funds 541600 Management, Scientific, & Retailers Transportation (Form 1120-RIC) Technical Consulting Services Gasoline Stations & Fuel Dealers Couriers and Messengers 525920 Trusts, Estates, & Agency 541700 Scientific Research & Accounts Development Services 457100 Gasoline Stations (including 492110 Couriers & Express Delivery 525990 Other Financial Vehicles 541800 Advertising, Public Relations, & convenience stores with gas) Services (including mortgage REITs & Related Services 457210 Fuel Dealers (including Heating 492210 Local Messengers & Local closed-end investment funds) 541910 Marketing Research & Public Oil and Liquefied Petroleum) Delivery “Offices of Bank Holding Opinion Polling Clothing and Accessories Retailers Warehousing and Storage Companies” and “Offices of 541920 Photographic Services 458110 Clothing and Clothing 493100 Warehousing & Storage (except Other Holding Companies” are Accessories Retailers lessors of miniwarehouses & located under Management of 541930 Translation & Interpretation 458210 Shoe Retailers self-storage units) Companies (Holding Services Companies), later. 541940 Veterinary Services 458310 Jewelry Retailers Information Real Estate and Rental and 541990 All Other Professional, Scientific, 458320 Luggage & Leather Goods Motion Picture and Sound Recording Leasing & Technical Services Retailers Industries Management of Companies Sporting Goods, Hobby, Book, Musical 512100 Motion Picture & Video Industries Real Estate Instrument and Miscellaneous Retailers (except video rental) 531110 Lessors of Residential Buildings (Holding Companies) 459110 Sporting Goods Retailers 512200 Sound Recording Industries & Dwellings (including equity 551111 Offices of Bank Holding 459120 Hobby, Toy, & Game Retailers Publishing Industries REITs) Companies 459130 Sewing, Needlework, & Piece 513110 Newspaper Publishers 531120 Lessors of Nonresidential 551112 Offices of Other Holding Goods Retailers Buildings (except Companies 459140 Musical Instrument & Supplies 513120 Periodical Publishers Miniwarehouses) (including Retailers 513130 Book Publishers equity REITs) Administrative and Support and 459210 Book Retailers & News Dealers 513140 Directory & Mailing List 531130 Lessors of Miniwarehouses & Waste Management and (including newsstands) Publishers Self-Storage Units (including Remediation Services 459310 Florists 513190 Other Publishers equity REITs) 459410 Office Supplies & Stationery 513210 Software Publishers 531190 Lessors of Other Real Estate Administrative and Support Services Property (including equity REITs) 561110 Office Administrative Services Retailers Broadcasting, Content Providers, and 531210 Offices of Real Estate Agents & 561210 Facilities Support Services 459420 Gift, Novelty, & Souvenir Telecommunications Brokers 561300 Employment Services Retailers 516100 Radio & Television Broadcasting 531310 Real Estate Property Managers 561410 Document Preparation Services 459510 Used Merchandise Retailers Stations 531320 Offices of Real Estate Appraisers 561420 Telephone Call Centers 459910 Pet & Pet Supplies Retailers 516210 Media Streaming, Social 531390 Other Activities Related to Real 561430 Business Service Centers 459930 Manufactured (Mobile) Home Providers 459920 Art Dealers Networks, & Other Content Estate (including private mail centers & Dealers 517000 Telecommunications (including Rental and Leasing Services copy shops) 459990 All Other Miscellaneous Retailers Wired, Wireless, Satellite, Cable 532100 Automotive Equipment Rental & 561440 Collection Agencies (including tobacco, candle, & & Other Program Distribution, Leasing 561450 Credit Bureaus trophy retailers) Resellers, Agents, Other 532210 Consumer Electronics & 561490 Other Business Support Services Telecommunications, & Internet General Merchandise Retailers Service Providers) Appliances Rental (including repossession services, 455110 Department Stores Data Processing, Web Search Portals, 532281 Formal Wear & Costume Rental court reporting, & stenotype 455210 Warehouse Clubs, & Other Information Services 532282 Video Tape & Disc Rental services) Supercenters, & Other General 518210 Computing Infrastructure 532283 Home Health Equipment Rental 561500 Travel Arrangement & Merch. Retailers Providers, Data Processing, Web 532284 Recreational Goods Rental Reservation Services Nonstore Retailers Hosting, & Related Services 532289 All Other Consumer Goods 561600 Investigation & Security Services Nonstore retailers sell all types of 519200 Web Search Portals, Libraries, Rental 561710 Exterminating & Pest Control merchandise using such Archives, & Other Info. Services 532310 General Rental Centers Services methods as Internet, mail-order Finance and Insurance 532400 Commercial & Industrial 561720 Janitorial Services catalogs, interactive television, or Machinery & Equipment Rental & 561730 Landscaping Services direct sales. These types of Depository Credit Intermediation Leasing 561740 Carpet & Upholstery Cleaning Retailers should select the PBA 522110 Commercial Banking Lessors of Nonfinancial Intangible Services associated with their primary line 522130 Credit Unions Assets (except copyrighted works) 561790 Other Services to Buildings & of products sold. For example, Dwellings establishments primarily selling 522180 Savings Institutions & Other 533110 Lessors of Nonfinancial prescription and non-prescription Depository Credit Intermediation Intangible Assets (except 561900 Other Support Services drugs, select PBA code 456110 Nondepository Credit Intermediation copyrighted works) (including packaging & labeling Pharmacies & Drug Retailers 522210 Credit Card Issuing Professional, Scientific, and services, & convention & trade show organizers) Transportation and 522220 Sales Financing Technical Services Waste Management and Remediation Warehousing 522291 Consumer Lending Legal Services Services Air, Rail, and Water Transportation 522292 Real Estate Credit (including 541110 Offices of Lawyers 562000 Waste Management & 481000 Air Transportation mortgage bankers & originators) Remediation Services 482110 Rail Transportation 522299 Intl, Secondary Market, & Other 541190 Other Legal Services Nondepos. Credit Intermediation Accounting, Tax Preparation, Educational Services 483000 Water Transportation Activities Related to Credit Bookkeeping, and Payroll Services 611000 Educational Services (including Truck Transportation Intermediation 541211 Offices of Certified Public schools, colleges, & universities) 484110 General Freight Trucking, Local 522300 Activities Related to Credit Accountants Health Care and Social 484120 General Freight Trucking, Intermediation (including loan 541213 Tax Preparation Services Long-distance brokers, check clearing, & 541214 Payroll Services Assistance 484200 Specialized Freight Trucking money transmitting) 541219 Other Accounting Services Offices of Physicians and Dentists Transit and Ground Passenger Securities, Commodity Contracts, and Architectural, Engineering, and Related 621111 Offices of Physicians (except Transportation Other Financial Investments and Services mental health specialists) Related Activities 485110 Urban Transit Systems 523150 Investment Banking & Securities 541310 Architectural Services 621112 Offices of Physicians, Mental 485210 Interurban & Rural Bus Intermediation 541320 Landscape Architecture Services Health Specialists Transportation 541330 Engineering Services 621210 Offices of Dentists 485310 Taxi and Ridesharing Services -29- |
Page 30 of 31 Fileid: … ions/i1120/2022/a/xml/cycle08/source 16:38 - 30-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Principal Business Activity Codes (Continued) Offices of Other Health Practitioners 624200 Community Food & Housing, & 721120 Casino Hotels 811420 Reupholstery & Furniture Repair 621310 Offices of Chiropractors Emergency & Other Relief 721191 Bed & Breakfast Inns 811430 Footwear & Leather Goods 621320 Offices of Optometrists Services 721199 All Other Traveler Repair 621330 Offices of Mental Health 624310 Vocational Rehabilitation Accommodation 811490 Other Personal & Household Practitioners (except Physicians) Services 721210 RV (Recreational Vehicle) Parks Goods Repair & Maintenance 621340 Offices of Physical, Occupational 624410 Childcare Services & Recreational Camps Personal and Laundry Services & Speech Therapists, & Arts, Entertainment, and 721310 Rooming & Boarding Houses, 812111 Barber Shops Audiologists Recreation Dormitories, & Workers’ Camps 812112 Beauty Salons 621391 Offices of Podiatrists Performing Arts, Spectator Sports, and Food Services and Drinking Places 812113 Nail Salons 621399 Offices of All Other Related Industries 722300 Special Food Services (including 812190 Other Personal Care Services Miscellaneous Health 711100 Performing Arts Companies food service contractors & (including diet & weight reducing Practitioners caterers) centers) Outpatient Care Centers 711210 Spectator Sports (including 722410 Drinking Places (Alcoholic 812210 Funeral Homes & Funeral 621410 Family Planning Centers sports clubs & racetracks) Beverages) Services 621420 Outpatient Mental Health & 711300 Promoters of Performing Arts, 722511 Full-Service Restaurants 812220 Cemeteries & Crematories Substance Abuse Centers Sports, & Similar Events 722513 Limited-Service Restaurants 812310 Coin-Operated Laundries & 621491 HMO Medical Centers 711410 Agents & Managers for Artists, 722514 Cafeterias, Grill Buffets, and Drycleaners Athletes, Entertainers, & Other 621492 Kidney Dialysis Centers Public Figures Buffets 812320 Drycleaning & Laundry Services 621493 Freestanding Ambulatory 711510 Independent Artists, Writers, & 722515 Snack and Non-alcoholic (except Coin-Operated) Surgical & Emergency Centers Performers Beverage Bars 812330 Linen & Uniform Supply 621498 All Other Outpatient Care Museums, Historical Sites, and Similar Other Services 812910 Pet Care (except Veterinary) Centers Institutions Repair and Maintenance Services Medical and Diagnostic Laboratories 712100 Museums, Historical Sites, & 811110 Automotive Mechanical & 812920 Photofinishing 621510 Medical & Diagnostic Similar Institutions Electrical Repair & Maintenance 812930 Parking Lots & Garages Laboratories Amusement, Gambling, and Recreation 811120 Automotive Body, Paint, Interior, 812990 All Other Personal Services Home Health Care Services Industries & Glass Repair Religious, Grantmaking, Civic, 621610 Home Health Care Services 713100 Amusement Parks & Arcades 811190 Other Automotive Repair & Professional, and Similar Organizations Other Ambulatory Health Care Services 713200 Gambling Industries Maintenance (including oil 813000 Religious, Grantmaking, Civic, 621900 Other Ambulatory Health Care 713900 Other Amusement & Recreation change & lubrication shops & car Professional, & Similar Services (including ambulance Industries (including golf washes) Organizations (including services & blood & organ banks) courses, skiing facilities, 811210 Electronic & Precision condominium and homeowners Hospitals marinas, fitness centers, & Equipment Repair & associations) bowling centers) 622000 Hospitals Maintenance Other Nursing and Residential Care Facilities Accommodation and Food 811310 Commercial & Industrial 999000 Unclassified Establishments Machinery & Equipment (except (unable to classify) 623000 Nursing & Residential Care Services Automotive & Electronic) Repair Facilities Accommodation & Maintenance Social Assistance 721110 Hotels (except Casino Hotels) & 811410 Home & Garden Equipment & 624100 Individual & Family Services Motels Appliance Repair & Maintenance -30- |
Page 31 of 31 Fileid: … ions/i1120/2022/a/xml/cycle08/source 16:38 - 30-Jan-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Index Limited liability companies 2 Refundable credits 21 A E Lobbying expenses, Related party transactions 10 nondeductibility 15 Accounting methods 5 Electronic deposit Rents (expense) 12 Accounting period (Tax Year) 6 requirement 4 Rents (income) 10 Address change 9 Electronic filing 3 M Repairs and maintenance 12 Advance payments 9 Employee benefit programs 14 Merchant Marine capital Affiliated group 21 Employer identification number construction fund: S Amended return 6 (EIN) 8 Deduction for contributions 16 Salaries and wages 11 Amortization 11 Entities electing to be taxed as Tax on nonqualified Schedule: Assembling the return 4 corporations 2 withdrawal 20 C 17 At-risk rules 15 Estimated tax: Minimum tax: J 19 Penalty 5 16, Prior year, credit for 19 K 21 Estimated tax payments 5 Mutual savings banks B Extension of time to file 3 conducting life insurance L 24 Backup withholding 21 business 19 M-1 24 M-3 8 24, Bad debts 12 F O 19 Balance sheets 24 N Base erosion minimum tax 19, Farming, corporations engaged Section 263A costs 10 23 in 2 Name change 9 Shareholders' equity Beneficiaries of trusts 20 Final return 9 Net operating loss 16 22, adjustments 24 Business start-up expenses 11 Financial asset securitization Nonaccrual experience Signature 3 investment trust (FASIT) 2 method 9 Small business taxpayer 6 23, Foreign person (defined) 22 Specific Instructions 7 C Foreign tax credit 19 O Capital construction fund Forms and publications, how to Other deductions 14 T (See Merchant Marine capital get 2 Other income 10 Tax issues, unresolved 1 construction fund) Future Developments 1 Other taxes 20 Tax-exempt securities 24 Closely held corporations 11 Overpaid estimated tax 21 Compensation of officers 11 G Taxes and licenses 12 Consolidated return 8 22, Total assets 9 Contributions to reduce public General business credit 19 P Travel, meals, and debt 2 General Instructions 2 Partnership income (loss) 14 entertainment 15 Contributions, charitable 13 Gross receipts 9 Passive activity limitations 11 Controlled group 19 Payments and refundable U Cost of goods sold 9 I credits 20 Uniform capitalization rules 10 Credits against tax 19 Installment sales 9 Penalties 5 16, Interest due Pension, profit-sharing, etc. D Late payment of tax 5 plans 14 W Deductions 10 Look-back method 20 Personal holding company 8 What’s New 1 Depletion 14 Interest expense 12 Personal holding company When to file 3 Depository methods of tax Interest income: tax 20 Where to file 4 payment 4 Tax-exempt 22 25, Personal service corporation 8 Who must file 2 Depreciation 14 Taxable 10 Preparer, tax return 3 4, Who must sign 3 Private delivery services 3 Direct deposit of refund 2 16, Worksheets: Disclosure statement 6 L Schedule C 18 R Dividend income 10 LIFO recapture: Dividends-received Tax on 20 Recapture taxes 20 deduction 17 19- Limitations on deductions 10, Reconciliation of income 24 Dues, membership and 13 Recordkeeping 6 other 15 -31- |