Userid: ________ Leading adjust: -15% � Draft � Ok to Print PAGER/SGML Fileid: I8895.SGM (18-Aug-2005) (Init. & date) Filename: D:\USERS\2c4bb\documents\Epicfiles\2005\8895\8895-p11OTP.sgm Page 1 of 4 Instructions for Form 8895 11:19 - 18-AUG-2005 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 Instructions for Form 8895 (August 2005) One-Time Dividends Received Deduction for Certain Cash Dividends from Controlled Foreign Corporations Section references are to the Internal Revenue Code unless otherwise noted. reason of section 814(e)(2) (dealing with purposes, use the definition of “related General Instructions contiguous country branches). See Notice person” in section 954(d)(3). For more 2005-38, Section 9.02. information, see Notice 2005-38, Sections CAUTION!965useCorporationstheseelectioninstructions(definedmaking abelow)tosectioncompletemustFormNote also.1120S,If youyouareareanotcorporationeligible tofilingclaim 2.04,Section7,10.and 10, and Notice 2005-64, all portions of their tax returns affected by the section 965 DRD. See section Line 11. Qualifying Dividends the election. These pages contain many 1373(a). Subtract line 10 from line 7. If zero or instructions that supplement information less, the corporation is not entitled to provided in other tax forms and Part I–Qualifying claim the section 965 DRD and should instructions issued prior to this instruction Information not file Form 8895. booklet. Line 11 is the portion of the gross For additional information, see Notice Items A through C “cash dividends” reported on line 1 that 2005-10, 2005-6 I.R.B. 474; Notice See Notice 2005-10, Section 4, for qualify for the DRD (after taking into 2005-38, 2005-22 I.R.B. 1100; Notice detailed information about domestic account all of the limits contained in 2005-64, 2005-36 I.R.B. (page number reinvestment plans (DRPs). sections 965(b)(1) through (4)). If line 11 not available at time of printing), and any is more than zero, enter it on Form 1120, subsequent guidance issued by the IRS Item D and E Schedule C, line 12, column (a) and Treasury with respect to section 965. If the corporation is a member of a (dividends from CFCs subject to the 85% controlled group, see Notice 2005-38, deduction). Purpose of Form Sections 2.03 and 4, and Notice 2005-64, A corporate U.S. shareholder of a Section 10.03. Also see Notice 2005-64, Section 965(c)(4) states that no controlled foreign corporation (CFC) uses Section 10.04, for information relating to CAUTION!deduction is allowed under section Form 8895 to elect the 85% dividends restatements of financial statements. 243 or 245 for any dividend for received deduction (DRD) provided under which a deduction is allowed under section 965 (section 965 election) and to Part II–Dividends section 965. As such, do not enter on compute the DRD. The corporation may Form 1120, Schedule C, lines 3, 6, 7, 8, make the election for: Received Deduction or 11, any amount from Form 8895, line October•Its last22,tax2004,year thator begins before LineEnter the1. Cashgross “cashDividendsdividends” the 11Schedule(whichC,is carriedline 12).over to Form 1120, •one-yearIts first taxperiodyearbeginningthat beginsonduringOctoberthe22, corporation received from all CFCs during Line 12 2004. the tax year. See Notice 2005-10, Section Enter all section 965(a)(2) amounts 3, Notice 2005-38, Section 9.06, and included on line 11. See the instructions The corporation makes the section 965 Notice 2005-64, Section 3.01, regarding for Part V beginning on page 3. These election by attaching Form 8895 to its “cash dividends.” amounts are included on Form 1120, timely filed tax return (including Schedule C, line 12, column (a). Do not extensions) for such tax year. However, a Line 3. Section 965(b)(1) Limit include on Form 1120, Schedule C, line corporation that filed its return before If the corporation is a member of a 14, column (a), any section 965(a)(2) Form 8895 was made available in final controlled group, see Notice 2005-38, amount included on Form 1120, Schedule form need not file the form with an Sections 2.03 and 4, and Notice 2005-64, C, line 12, column (a). amended return, but should retain the Section 10.03. information requested on the form to be Line 13. Deductible Portion of made available to the IRS upon request. Line 5. Section 965(b)(2) Limit Qualifying Dividends 2005-38, Section 5, and Notice 2005-64,See Notice 2005-10, Section 2, Notice Subtract line 4 from line 1. If zero or less,the corporation is not entitled to claim theMultiply line 11 by 85%. This is thedeductible portion of line 11 qualifying Section 3, for more information. 8895.section 965 DRD and should not file Form dividends. Note. The corporation cannot take a Line 6. Section 965(b)(4) Limit foreign tax credit or deduction for foreign Enter amounts to be reinvested in the taxes paid, accrued, or deemed paid on Specific Instructions United States under a DRP. See Notice line 13 dividends. See the instructions for ! referencesThe form andto specificinstructionslinescontainon 2005-10,information.SectionsAlso see5, 6,Noticeand 8,2005-38,for detailed Partinformation.IV on page 3 for additional CAUTION Form 1120. If you are filing Form Sections 2.05, 8, 9.03, 9.05, 10, and 11, Line 14. Expenses Disallowed 1120-L, 1120-PC, or 990-C, use the and Notice 2005-64, Sections 10 and 11. Under Section 965(d)(2) With comparable line of your tax return for the Lines 8 Through 10. Section Respect to Line 13 Amount line referenced for Form 1120. 965(b)(3) Limit Enter the amount of expenses disallowed Note. If you are a domestic life For purposes of determining related party under section 965(d)(2) with respect to insurance company filing Form 1120-L, indebtedness of the CFC on lines 8 and the amount entered on line 13. See you are not eligible for the section 965 9, all CFCs with respect to which the Notice 2005-38, Section 9.01, and Notice DRD with respect to any amount added to corporation is a U.S. shareholder are 2005-64, Section 5, for additional life insurance company taxable income by treated as a single CFC. Also, for these information. Cat. No. 39824S |
Page 2 of 4 Instructions for Form 8895 11:19 - 18-AUG-2005 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Do not include any of these line 14 Line 20 9.02, 9.03, 9.05, and 9.06, Examples 2, 5, expenses on Form 1120 (i.e., page 1, Subtract line 19 from line 18. This is the and 6, for additional information. lines 12 through 27; Schedule A; or any corporation’s tax on income other than •Enter on Form 4626, line 13, the other expense or deduction line of Form nondeductible CFC dividends. This tax amount from Form 8895, line 24, minus 1120). amount will be used in computing all of the possessions tax credit (computed LineDividends15. Nondeductible CFC yeartheforeigncorporation’sminimumtax credittax.andcreditsthe creditother thanfor priorthe •ComputeusingDo notthetakerulesBusinessnondeductibledescribedCreditsinHow below).CFCto Subtract line 13 from line 11. (This also dividends (or the tax thereon) into equals 15% of line 11.) The amount Line 21 account on any line of Form 4626. entered on line 15 is the amount of nondeductiblein section 965(e)(3)).CFC dividendsThe corporation’s(as defined Enterthat istheeligibleportionto reduceof the foreignthe taxtaxon credit computedThe abovewithoutstepsregardproduceto nondeductiblethe AMT taxablecannotsectionbe965(e)(2)(A)).incomeless than(FormthisFor1120,amountmoreline(see30) 8895,nondeductibleamountlinefrom21.PartIfCFCPartIV,dividends.IVlinewas38,completedonEnterFormthefor onCFC1120,Formdividends.Schedule8895, lineEnterJ, line25,this4.andAMTon Formamount more than one separate category, enter information, see Notice 2005-64, Section the sum of all amounts entered on Part See Notice 2005-38, Section 9.01, and 7. IV, line 38, on Form 8895, line 21. Notice 2005-64, Sections 9.02, 9.03, 9.05, and 9.06, for more information. Part III–Regular Tax In the rare event that the sum of Liability for Computing CAUTION! all amounts entered on Part IV, How to Compute Business line 38, exceeds the amount Credits Credit Limitations and shown on line 19, enter on line 21 the Section 965(e)(1) indicates that, for Alternative Minimum Tax amount shown on line 19. purposes of computing every business credit other than the foreign tax credit and Line 16. Corporation’s Taxable Line 22 the credit for prior year minimum tax, Income amount of tax on nondeductible CFCSubtract line 21 from line 19. This is the reason of” nondeductible CFC dividends.“regular tax” does not include any tax “by Enter the corporation’s taxable income dividends that remains after being The ordering of the credits further from Form 1120, line 30. reduced by the applicable portion of the complicates the calculation of any How to Compute NOLs foreign tax credit. You will need this business credit the corporation may be Section 965(e)(2)(B) states that credit for prior year minimum tax and thenumber to compute the credit limit on the account, complete the applicable formsentitled to claim. Taking these rules into taken into account in determining:nondeductible CFC dividends are not How to Compute Business Creditsqualified zone academy bond credit (see for the business credits as follows: • Taxable income for the current year for below). The only remaining credit (after Foreign tax credit. See the purposes of determining the portion of the the foreign tax credit) that may be used to instructions for Part IV on page 3. taxtaxNOL•carriedTheyears.yearofamountoveranythat“losstomayoftheanybeyear”currentcarriedNOLthattaxforovermayyearthetocurrentbeandotherbelow)reducetheanypriorof thetothisyearreduceinterveninglineminimum22thisamountlinecreditstax.22isDoamount.the(definednotcredituseforincludeFormwithPossessionsthe5735onfollowingFormas instructedtax5735,exception:credit.lineon14,thatDoCompleteanynotform,tax on incomeFormlineTherefore,29b)1120,beforeexceedslineifthethe28,theNOLcorporation’sminusamountdeductionFormof1120,taxable(i.e., includetaxtakeInterveningcreditthatanyisandorderedcreditthecredits.creditthatbetweenaforcorporationThesepriorthecreditsyearforeignmaynondeductible8895,from1120,FormPartSchedule5735,III, lineCFCJ,line19).linedividends176b.Enteror 27,the(FormoncreditForm nondeductible CFC dividends reported on minimum tax. Intervening credits include All other intervening credits. See Form 8895, line 15, use the excess the possessions tax credit, the the instructions for line 22 above for the amount for purposes of determining the nonconventional source fuel credit, the definition of intervening credit. To portion of the NOL of any “loss year” that QEV credit, and the general business compute these credits, complete the may be carried over to the current tax credits. applicable form(s) as instructed on that year. If the corporation’s taxable income form(s), with the following exceptions: before the NOL deduction (i.e., Form Line 23 •On the “regular tax before credits” line 1120, line 28, minus Form 1120, line 29b) Subtract line 21 from line 39. This is the of the applicable credit form, you must is less than or equal to Form 8895, line portion of the foreign tax credit that enter the tax on taxable income excluding 15, the corporation is not entitled to an reduces the tax on taxable income nondeductible CFC dividends (Form NOL deduction for the current tax year. In excluding nondeductible CFC dividends. 8895, Part III, line 20). This is because this case, enter on Form 1120, line 30, You will need this number when you may not use the amount of any the amount from Form 8895, line 15, and computing the credit limit on all of your business credit (other than the foreign tax enter -0- on Form 1120, line 29a. Use the intervening credits (see How to Compute credit or the credit for prior year minimum excess of Form 1120, line 30, over the Business Credits below). tax) to reduce the tax on nondeductible corporation’s taxable income before the CFC dividends. See section 965(e)(1). NOL deduction (i.e., Form 1120, line 28, Line 25. Alternative Minimum •If there is an “alternative minimum tax” minus Form 1120, line 29b) as the NOL Tax line on the credit form, you must enter on for the current tax year that may be Complete the corporation’s alternative that line the amount from Form 8895, line carried over to other tax years. minimum tax (AMT) on Form 4626 as 25. follows: •On the “foreign tax credit” line, you Line 19 •Enter on Form 4626, line 1, the amount must enter only the amount of the foreign Enter the smaller of line 18 or 35% of line from Form 8895, line 17, plus the NOL tax credit that reduces the tax on taxable 15. This is the corporation’s tax on deduction from Form 1120, line 29a income excluding nondeductible CFC nondeductible CFC dividends. This tax (which is computed using the NOL rules dividends (Form 8895, line 23). amount may only be reduced by the in the instructions for line 16 above). •If there is a “tentative minimum tax” line foreign tax credit and the credit for prior •Enter on Form 4626, line 11, the on the credit form, you must enter on that year minimum tax. See section 965(e)(1) portion of the AMTFTC that is attributable line the amount from Form 4626, line 12 and How to Compute Business Credits to income other than nondeductible CFC (calculated in accordance with the below for details. dividends. See Notice 2005-64, Section instructions for line 25 above). -2- |
Page 3 of 4 Instructions for Form 8895 11:19 - 18-AUG-2005 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Enter the credit from that form on the Complete the following steps to • Line 36. Enter the foreign tax credit applicable line of Form 1120, Schedule J. determine the corporation’s foreign tax computed for the separate category on credit. the corporation’s preliminary Form 1118, 23,completes20,followingbefore25,minimum•••Credit,EnterEnterEnteronononExample.FormFormFormcredits).asthethetheexceptions:tax).instructedFormamountamountamount3800,3800,3800,3800,ThelinelinelinefromfromfromoncorporationGeneral91012athat(regularFormFormForm(alternative(foreignform,8895,8895,8895,Businesstaxwithtaxlinelinelinetheto:deemed1118.nondeductible3,ofaccompanyingDRDaswhetheras1. •instructedIncludeorapplicable,CompleteInwhetherreceiveddoingtheyinonunderso,instructions,SchedulequalifyathattheyallfrompreliminarycompletedividendsformsectionareCFCsfordeductibleA,andtheandcolumnForm965).(regardlessFormreceivedsectionbe1118sure2or965ororfororreferredlimitationSchedulecorporation’spreliminaryseparateallowablesmallerrevisedline•theLine36.separatethancredittocategoryorforeignB,37.ThisinFormthePartlinestep amountEnterregularissectioncategory).36,1118taxIII.the1(theabove.theThesubstitutecreditcorporation’sfromsectionislesser965(e)smallercorporation’stheIfthisforlineFormof904thelimitationthelineofthe35line111837is35for credit). • Use the amount on Form 8895, line the amount tentatively figured on the • Enter the amount from Form 4626, line 18, with respect to the portion of Form applicable line of Schedule B, Part III, of 12 (calculated in accordance with the 1118, Schedule B, Part II, line 9, which the corporation’s preliminary Form 1118. instructions for line 25 on page 2) on refers to “regular tax liability.” Enter on the dotted line to the left of the Form 3800, line 16 (tentative minimum • Pencil in (or otherwise tentatively applicable entry space “from Form 8895, tax). show) the corporation’s preliminary Part IV, line 37.” Include the credit from Form 3800, line foreign tax credit amounts on Form 1118, 3. Compute the corporation’s revised 19, on Form 1120, Schedule J, line 6d. Schedule B, Part III. foreign tax credit for all separate Credit for prior year minimum tax. • Include on Schedule G, line E, all categories and enter the result on Form taxes paid, accrued, or deemed paid that 8895, line 39, and on Form 1120, Complete Form 8827, Credit for Prior Year Minimum Tax–Corporations, as are attributable to the deductible portion Schedule J, line 6a. See the instructions instructed on that form, with the following of qualifying dividends (Form 8895, line for line 39 below for details. exception: If the answer to the question 13). on line 6 is “No,” enter on Form 8827, line With respect to the last bulleted item For additional information, see Notice 6, the tentative minimum tax for the above, the corporation may specifically 2005-64, Section 9.02. of nondeductible CFC dividends wascurrent year determined as if the amount qualifying dividends. This specificidentify which dividends are treated as Line 38 included on Form 4626, line 1, and the identification is made by entering the Enter the smaller of line 31 or line 34. creditable tax attributable to qualifying dividends on Form 8895, Part This amount is used to determine the nondeductible CFC dividends was V, column (e). In the absence of such a portion of the foreign tax credit that may included on Form 4626, line 11. For more specification, a pro rata portion of each be used to reduce the tax on information, see Notice 2005-64, Section cash dividend repatriated during the tax nondeductible CFC dividends (see 9.04. year is treated as a qualifying dividend. instructions for line 21 on page 2). See Notice 2005-64, Section 3.02. The Enter the amount from Form 8827, line corporation may not claim a credit or Line 39 8, on Form 1120, Schedule J, line 6e. deduction for 85% of the foreign taxes Enter the corporation’s revised foreign tax Qualified zone academy bond paid, accrued, or deemed paid with credit on line 39. If the corporation credit. If the corporation is claiming a respect to qualifying dividends. See entered revised amounts on Schedule B, qualified zone academy bond credit, Notice 2005-64, Section 4, for more Part III, of its preliminary Form 1118 (see complete Form 8860 as instructed on that information. the instructions for line 37 above), form, with the following exceptions: 2. Complete Form 8895, Part IV, lines refigure Form 1118, Schedule B, Part III, • Enter the amount from Form 8895, line 26 through 37, for each separate category lines 9, 10, and 11, and enter the revised 20, on Form 8860, line 4 (regular tax that contains nondeductible CFC amount of the foreign tax credit (Form before credits). dividends. If you have nondeductible CFC 1118, Schedule B, Part III, line 11) on • Enter the amount from Form 8895, line dividends in more than one separate Form 8895, line 39, and on Form 1120, 25, on Form 8860, line 5 (alternative category, attach additional Parts IV to Schedule J, line 6a. Otherwise, enter the minimum tax). Form 8895. Complete lines 26 through 37 amount of the foreign credit from • Enter the amount from Form 8895, line using the following line instructions. Schedule B, Part III, line 11, of the 23, on Form 8860, line 7a (foreign tax • Line 28. Subtract line 27 from corporation’s preliminary Form 1118 on credit). Schedule B, Part II, line 6, of the Form 8895, line 39, and on Form 1120, • Enter the excess, if any, of the amount corporation’s preliminary Form 1118 (see Schedule J, line 6a (i.e., the amounts from Form 8827, line 8, over the amount step 1 above). This is the corporation’s computed in the corporation’s preliminary from Form 8895, line 22, on Form 8860, foreign source taxable income exclusive Form 1118, Schedule B, Part III, are the line 7g (credit for prior year minimum tax). of the nondeductible CFC dividends in the amounts to be used on the corporation’s actual Form 1118, Schedule B, Part III). Enter the amount from Form 8860, line separate category. 9, on Form 1120, Schedule J, line 6f. • Line 29. Subtract line 27 from The amount on Form 8895, line Schedule B, Part II, line 7c, of the ! 39, is generally not the amount to Part IV–Foreign Tax corporation’s preliminary Form 1118 (see CAUTION enter on the foreign tax credit line step 1 above). This is the corporation’s of most business credit forms. See the Credit–Additional worldwide taxable income exclusive of the instructions for line 23 on page 2 and Limitation for Separate nondeductible CFC dividends in the How to Compute Business Credits on separate category. page 2 for details. Categories With • Line 32. Subtract line 31 from Nondeductible CFC Schedule B, Part II, line 9, of the Part V–Schedule of corporation’s preliminary Form 1118 (see Dividends step 1 above). This is the corporation’s Dividends pre-credit U.S. tax on its worldwide List in Part V all gross “cash dividends” See Notice 2005-64 for rules taxable income exclusive of the the corporation received from all CFCs ! pertaining to the foreign tax credit nondeductible CFC dividends in the during the tax year. See Notice 2005-64, CAUTION and expense allocation. separate category. Section 3.01, for more information. -3- |
Page 4 of 4 Instructions for Form 8895 11:19 - 18-AUG-2005 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Column (c) specifically identifying as qualifying income for each tax year with respect to Enter in column (c) the functional dividends. For any line amount specified, all CFCs but for section 959(a). For any currency amount and the U.S. dollar the amount entered in column (e) will tax year, do not include in column (c) any amount of all gross “cash dividends” the generally equal the amount in column distribution that is attributable to an corporation received from all CFCs during (c)(2). However, on one line only, the amount included in column (b) for a prior the tax year. See Notice 2005-64, Section amount entered in column (e) may be tax year. 3.04, for more information. The total of smaller than the amount entered in Line 51 reportedcolumn (c)(2)on lineshould1 of theequalform.the amount thecolumnamounttotal(c)(2),isoftheall amountsamountif that smallerneededenteredcolumntoinreconcilecolumn(e) fewerDividethanline 505 taxbyyears3. If thein itscorporationbase period,has Column (d) (e) with the amount of qualifying see the Note at the beginning of these For each cash dividend reported in Part dividends reported on line 11 of the form. Part VI instructions. Enter the line 51 V, check the box in column (d) if the See Notice 2005-64, Section 3.02, for amount on line 4 of the form. dividend is a section 965(a)(2) amount. more information. Section 965(a)(2) provides that if, within Paperwork Reduction Act Notice. We the tax year for which the section 965 Part VI–Section 965(b)(2) ask for the information on this form to election is in effect, the corporate U.S. Base Period Amount carry out the Internal Revenue laws of the shareholder receives a cash distribution United States. You are required to give us from a CFC that is excluded from gross Note. If the corporation has fewer than 5 the information. We need it to ensure that income under section 959(a), such tax years in its base period (i.e., tax years you are complying with these laws and to distribution shall be treated for purposes ending on or before June 30, 2003), the allow us to figure and collect the right of section 965 as a cash dividend to the corporation’s base period includes all of amount of tax. extent951(a)(1)(A)bya•dividendchainSuchsuchofofCFCU.S.duringanyownershipasfromshareholderamountasuchresultanotherdescribedtaxincludedofyearunderanyCFCto:cashininthatsectionincomesectionis in2003.itsnumber•corporation.•DoOntaxnotlineInyearsofthiscomplete51,baseendingcase:divideperiodlinesonlineoryears4647beforebythroughofthetheJune50.30,unlesscontrolsubjectinformationto aYouformthenumber.aretoortheformnotrequesteditsPaperworkinstructionsrequireddisplaysBooksonortoaReductionarecordsprovidevalidmustformOMBbethatrelatingtheActis 958(a) or See Notice 2005-38, Sections retained as long as their contents may • Any other CFC in such chain of ! 2.02, 3, 6, and 10, for rules for become material in the administration of ownership from another CFC in such CAUTION adjusting the calculation of the any Internal Revenue law. Generally, tax chain of ownership, but only to the extent amounts to be entered in columns (a) returns and return information are of cash distributions described in section through (c) to take into account mergers, confidential, as required by section 6103. toshareholder959(b)the CFCthatfromarereceivedmadewhichsuchduringsuchdistribution.U.S.such tax year reportedacquisitions,into accounton ananyandamendedchangesspin-offs.returninDoamountsnotfiledtakeafter thiscircumstances.TheformtimewillneededvaryThedependingestimatedto completeonaverageindividualand file If stock of an acquiring CFC is deemed June 30, 2003. See Notice 2005-64, time is: Recordkeeping, 18 hr., 53 min.; to be issued to another CFC pursuant to Section 10.02, for additional information. Learning about the law or the form, 2 describedtreatedsectionas304(a)(1),inbeingsectioninthea958(a)chainacquiringofforownershippurposesCFC is EnterColumnthe amount(a) of dividends the hr.,form15tomin.;the IRS,Preparing3 hr., 51andmin.sending the of applying section 965(a)(2). See Notice corporation received during each tax year If you have comments concerning the 2005-38, Section 9.04, for an example. from all CFCs. accuracy of these time estimates or suggestions for making this form simpler, Attach to Form 8895 a statement Column (b) we would be happy to hear from you. See ! that identifies the lower tier CFC Enter the total amount includible in the the instructions for the tax return with CAUTION that paid the cash dividend and corporation’s gross income for each tax which this form is filed. the CFC that received the dividend, year under section 951(a)(1)(B) with resulting in the U.S. shareholder’s income respect to all CFCs. inclusion, and distributed cash (whether directly or through one or more tiers of Column (c) CFCs) to the corporate U.S. shareholder. Enter the total amount that would have been included in the corporation’s gross Column (e) Show in column (e) which column (c)(2) line amounts the corporation is -4- |