Userid: CPM Schema: Leadpct: 100% Pt. size: 10 Draft Ok to Print instrx AH XSL/XML Fileid: … ns/I8902/201709/A/XML/Cycle03/source (Init. & Date) _______ Page 1 of 3 11:10 - 2-May-2017 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Department of the Treasury Instructions for Form 8902 Internal Revenue Service (Rev. September 2017) Alternative Tax on Qualifying Shipping Activities Section references are to the Internal Such vessel is owned by, or The vessel is used as a qualifying Revenue Code unless otherwise noted. chartered (including a time charter) to, vessel by the person to whom the person, or the person provides ultimately chartered. Future Developments services for such vessel pursuant to U.S. foreign trade. The term “U.S. an operating agreement; and foreign trade” means the For the latest information about Such vessel is in use as a qualifying transportation of goods or passengers developments related to Form 8902 vessel during such period. and its instructions, such as between a place in the United States legislation enacted after they were Qualifying vessel. A self-propelled and a foreign place or between published, go to IRS.gov/Form8902. (or combination self-propelled and foreign places. non-self-propelled) U.S. flag vessel of See section 1355 for more not less than 6,000 deadweight tons General Instructions definitions and special rules that apply used exclusively in the U.S. foreign with respect to the above definitions. Purpose of Form trade during the period the election is in effect. Form 8902 is used by qualifying Partnerships and Other vessel operators (defined below) who Shipping activity requirement. A Pass-Through Entities are making an alternative tax election corporation meets this requirement for In applying these rules to a partner in under section 1354(a) or who have any tax year only if the following a partnership: made such an election previously. requirement is met for each of the 2 Each partner is treated as operating The form is used to make such an preceding tax years: On average vessels operated by the partnership; election or report the termination of during the tax year, at least 25% of the Each partner is treated as such an election, to report information aggregate tonnage of qualifying conducting the activities conducted by relating to such an election, and to vessels used by the corporation was the partnership; and compute the alternative tax. owned by such corporation or The extent of a partner's ownership, chartered to such corporation on charter, or operating agreement Who Must File bareboat charter terms (see definition interest in any vessel operated by the Form 8902 must be filed by a below). partnership will be determined on the basis of the partner's interest in the qualifying vessel operator (defined Special rule for first year of partnership. below) who is making an alternative election. A corporation meets this tax election under section 1354(a) or requirement for the first tax year for A similar rule applies to other who is reporting the termination of which this election is in effect only if pass-through entities. such an election. The form must also this requirement is met for the be used by a qualifying vessel preceding tax year. operator who has a valid election in Specific Instructions effect to report information pertaining Controlled groups. A corporation to that election and to compute the that is a member of a controlled group Part I. Section 1354 alternative tax. meets this requirement only if such Election or Termination requirement is met when determined How To File by treating all members of such group Item B File Form 8902 by attaching it to the as one person. A corporation must make the corporation's Form 1120 or Form Bareboat charters. A person is alternative tax election on or before 1120-F. treated as operating and using a the due date (including extensions of vessel that it has chartered out on time to file) of the income tax return for Definitions bareboat charter terms only if: the tax year for which the election is Qualifying vessel operator. The The vessel is (a) temporarily made. term “qualifying vessel operator” surplus to the person's requirements Election by a member of a control- means any corporation that operates and the term of the charter does not led group. An election under section one or more qualifying vessels and exceed 3 years, or (b) bareboat 1354(a) by a member of a controlled meets the shipping activity chartered to a member of a controlled group applies to all qualifying vessel requirement. See the definitions of group which includes such person or operators that are members of such these terms below. to an unrelated person who group. sub-bareboats or time charters the Operating a vessel. Except as vessel to such a member (including Item C provided in the definition of bareboat the owner of the vessel); and Generally, a revocation of an election charters below, a person is treated as under section 1354(a) made: operating any vessel during any period if: May 02, 2017 Cat. No. 39897X |
Page 2 of 3 Fileid: … ns/I8902/201709/A/XML/Cycle03/source 11:10 - 2-May-2017 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. On or before the 15th day of the 3rd not exceed 20% of the gross income $20 million) on line G(2)(a), and $1 month of the tax year will be effective derived by the corporation from its million (gross income from secondary on the 1st day of that tax year. core qualifying activities. activities of $5 million less the $4 After the 15th day of the 3rd month million limit) on line G(2)(b). Secondary activities. The term of the tax year will be effective the 1st Example 2. The same facts as "secondary activities" means: day of the following tax year. above except the corporation has The active management or However, if the revocation specifies operation of vessels other than gross income from secondary a date for revocation that is on or after qualifying vessels in the U.S. foreign activities of $3 million. The the day on which the revocation is trade; corporation would enter $3 million on made, the revocation will be effective The provision of vessel, barge, line G(2)(a) and zero on line G(2)(b). for tax years beginning on and after container, or cargo-related facilities or Gross income from secondary the date of revocation specified. services to any person; and activities of $3 million is less than the Other activities of the electing $4 million limit. Item D corporation and other members of its Line G(3). Qualifying Incidental An election under section 1354(a) will electing group that are an integral part Activities be terminated effective on and after of its business of operating qualifying the date the corporation ceases to be vessels in U.S. foreign trade, For purposes of this election, the term a qualifying vessel operator. including: “qualifying incidental activities” means shipping-related activities if: Election after termination. If a 1. Ownership or operation of qualifying vessel operator made the barges, containers, chassis, and other 1. They are incidental to the election under section 1354(a) and equipment that are the complement corporation's core qualifying activities, subsequently revoked the election of, or used in connection with, a 2. They are not qualifying (Item C) or ceased to be a qualifying qualifying vessel in U.S. foreign trade; secondary activities, and vessel operator (Item D), that operator 2. The inland haulage of cargo 3. The gross income derived by (and any successor operator) is not shipped, or to be shipped, on the corporation from such activities eligible to make another section qualifying vessels in U.S. foreign does not exceed 0.1% of the 1354(a) election for any tax year trade; and corporation's gross income from its before the fifth tax year that begins core qualifying activities. 3. The provision of terminal, after the first tax year for which the maintenance, repair, logistical, or termination is effective, unless the IRS Line G(3)(a). Amount included in other vessel, barge, container, or consents to the election. the 0.1% limit. Enter on line G(3)(a) cargo-related services that are an integral part of operating qualifying the corporation's gross income from Part II. Other Information vessels in U.S. foreign trade. incidental activities that does not exceed 0.1% of line G(1). Question E The term “secondary activities” The term “electing group” means a does not include any core qualifying Electing groups. In the case of an controlled group of which one or more activities. electing group, the above rules are applied as if the group were one members is an electing corporation. Line G(2)(a). Amount included in entity, and the 0.1% limitation is The term “controlled group” means 20% limit. Enter on line G(2)(a) the allocated among the corporations in any group which would be treated as corporation's gross income from the group. a single employer under section 52(a) secondary activities that does not or (b) if sections 52(a)(1) and (2) did exceed 20% of line G(1). Line G(3)(b). Amount that exceeds the 0.1% limit. Enter on line G(3)(b) not apply. Electing groups. In the case of an the corporation's gross income from Line G(1). Core Qualifying electing group, the above rules are incidental activities that exceeds 0.1% applied as if the group were one Activities of line G(1). entity, and the 20% limitation is Enter on line G(1) the corporation's allocated among the corporations in Attach a schedule showing gross income from core qualifying the group. computations for lines G(3)(a) and (b). activities. Attach a schedule. Line G(2)(b). Amount that exceeds Line H. Gross Income From For purposes of this election, the the 20% limit. Enter on line G(2)(b) Qualifying Shipping Activities term “core qualifying activities” means the corporation's gross income from Excluded From Gross Income activities in operating qualifying secondary activities that exceeds on the Corporation's Income vessels in U.S. foreign trade. 20% of line G(1). Tax Return Line G(2). Qualifying Attach a schedule showing Enter on line H the total of lines G(1), Secondary Activities computations for lines G(2)(a) and (b). G(2)(a), and G(3)(a). Do not include For purposes of this election, the term Example 1. The corporation has this amount in gross income on the "qualifying secondary activities" gross income from core qualifying corporation's Form 1120 or Form means secondary activities (defined activities of $20 million and gross 1120-F. Furthermore, do not include below) but only to the extent that the income from secondary activities of on the corporation's Form 1120 or gross income derived by the $5 million. The corporation enters $20 Form 1120-F any item of loss, corporation from such activities does million on line G(1), $4 million (20% of -2- Instructions for Form 8902 (Rev. 9-2017) |
Page 3 of 3 Fileid: … ns/I8902/201709/A/XML/Cycle03/source 11:10 - 2-May-2017 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. deduction, or credit with respect to the sum of all columns of Part IV, Part IV. Notional Shipping this line H excluded income. line 28. Income Note. The amounts entered on lines Line 9. Type of Ownership Line 21. Ownership Percentage G(2)(b) and G(3)(b) must be included Indicate in each column the type of Enter the corporation's percentage of in gross income on the corporation's ownership for the vessel. Enter “O” for ownership in the vessel. If, for any Form 1120 or Form 1120-F. an owned vessel, “L” for a leased period, two or more persons are vessel, and “CL” for a capitalized operators of a qualifying vessel, the Part III. Vessel Information lease. notional shipping income from the With respect to Parts III and IV, Line 10. Type of Vessel Use operation of such vessel for that complete a separate column for each period must be allocated among the qualifying vessel. If the corporation Indicate in each column the type of has more than four qualifying vessels, vessel use. Enter “BB” for bareboat operators on the basis of their attach separate sheets for Parts III charter out, “TC” for time charter out, respective ownership, charter, and and IV using the same size and format and “OI” for operating income. operating agreement interests in the vessel. as Form 8902. Also, on line 29, enter Paperwork Reduction Act Notice. We ask for the information on this form to carry out the Internal Revenue laws of the United States. You are required to give us the information. We need it to ensure that you are complying with these laws and to allow us to figure and collect the right amount of tax. You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the form displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as long as their contents may become material in the administration of any Internal Revenue law. Generally, tax returns and return information are confidential, as required by section 6103. The time needed to complete and file this form will vary depending on individual circumstances. The estimated burden for business taxpayers filing this form is approved under OMB control number 1545-0123. See the instructions for the tax return with which this form is filed. If you have comments concerning the accuracy of those time estimates or suggestions for making this form simpler, we would be happy to hear from you. You can send us comments from IRS.gov/FormComment. Instructions for Form 8902 (Rev. 9-2017) -3- |