Enlarge image | Note: The form, instructions, or publication you are looking for begins after this coversheet. Please review the updated information below. Change to the Instructions for Form 8991, Schedule A, Line 9b With the issuance of Notice 2022-30, it is necessary to update the second paragraph of the Schedule A, line 9b, instructions for Form 8991. The second paragraph is revised as follows. A taxpayer meets the reporting requirement of Regulations sections 1.59A-6(b)(2) and 1.6038A-2(b)(7)(ix) by entering the amount on line 9b. For tax years beginning in or after 2025, a taxpayer will also need to provide a representation that all payments satisfy the requirements of Regulations section 1.59A-6(b)(2) and meet the reporting requirements of Regulations section 1.59A-6(b)(2) and 1.6038A-2(b)(7)(ix). |
Enlarge image | Userid: CPM Schema: instrx Leadpct: 100% Pt. size: 9 Draft Ok to Print AH XSL/XML Fileid: … ns/I8991/202101/A/XML/Cycle07/source (Init. & Date) _______ Page 1 of 8 10:59 - 22-Dec-2020 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 8991 (Rev. December 2020) Tax on Base Erosion Payments of Taxpayers With Substantial Gross Receipts Section references are to the Internal Revenue providing additional guidance under • The taxpayer has a base erosion Code unless otherwise noted. sections 59A, 1502, and 6031. percentage for the tax year of 3% or higher; 2% or higher for a taxpayer who is Future Developments Reminders a member of an affiliated group which includes a bank or a registered securities For the latest information about Corrected Form 8991. If you file a Form dealer as defined in Regulations section developments related to Form 8991, its 8991 that you later determine is 1.59A-1(b)(15) (the “base erosion schedules, and its instructions, such as incomplete or incorrect, file a corrected percentage test”). legislation enacted or guidance published Form 8991 with an amended tax return, after the form and instructions were using the amended return instructions for See Regulations section 1.59A-2 for issued, go to IRS.gov/Form8991. the return with which you originally filed more information on how to determine Form 8991. Write “Corrected” at the top of whether a taxpayer is an applicable Background the form and attach a statement identifying taxpayer. The Tax Cuts and Jobs Act of 2017 (P.L. the changes. Base erosion minimum tax amount. 115-97) added new section 59A (Tax on Reporting requirements and penalties. The base erosion minimum tax amount for Base Erosion Payments of Taxpayers with P.L. 115-97 also expanded the information the tax year is the excess of 10% (5% in Substantial Gross Receipts), which reporting requirements under section the case of a tax year beginning in 2018) applies to large corporations that have the 6038A and increased the amount of the of the modified taxable income of the ability to reduce U.S. tax liabilities by penalty for failure to furnish information or applicable taxpayer for the tax year over making deductible payments to foreign maintain records under section 6038A(d) the applicable taxpayer’s regular tax related parties. The Base Erosion and (1) and (2) from $10,000 to $25,000. See liability under section 26(b), reduced (but Anti-Abuse Tax (BEAT) of section 59A is Form 5472 and its instructions for further not below zero) by the excess, if any, of: generally levied on certain large details. 1. The credits allowed under corporations that have deductions with chapter 1 of subtitle A of the Code respect to amounts paid or accrued to (“chapter 1”) against the applicable foreign related parties that are greater General Instructions taxpayer’s regular tax liability over than 3% of their total deductions (2% in 2. The sum of: the case of certain banks or registered Purpose of Form a. The credit allowed under section 38 securities dealers), a determination Use Form 8991 to determine a taxpayer’s which is properly allocable to the research referred to as the base erosion percentage base erosion minimum tax amount for the credit determined under section 41(a), test. Large corporations are those with year. plus gross receipts of $500 million or more, as calculated under the regulations of section Use Schedule A to determine the b. The portion of the applicable 59A, a determination referred to as the amount of base erosion payments and section 38 credits not in excess of 80% of gross receipts test. The BEAT operates as base erosion tax benefits for purposes of: the lesser of the amount of the applicable a minimum tax, so a taxpayer is only • Determining the taxpayer’s base section 38 credits or the base erosion subject to additional tax under the BEAT if erosion percentage, and minimum tax amount determined without the BEAT tax rate multiplied by the • Determining the applicable taxpayer’s taking the applicable section 38 credits taxpayer's modified taxable income modified taxable income. into account, plus exceeds the taxpayer's regular tax liability c. Any credits allowed under sections adjusted for certain credits. Use Schedule B to report the amount of 33, 37, and 53. deductions being waived for the tax year. On December 21, 2018, the If the applicable taxpayer is a member Department of the Treasury (“Treasury Use Schedule C to determine the of an affiliated group under section Department”) and the IRS published credits that reduce regular tax liability in 1504(a)(1) which includes a bank (as proposed regulations under sections 59A, computing the base erosion minimum tax defined in section 581) or a registered 383, 1502, 6038A, and 6655 in the amount. securities dealer under section 15(a) of Federal Register (83 FR 65956) (the the Securities Exchange Act of 1934, the “2018 proposed regulations”). Taxpayers Definitions tax rate in effect for the tax year for the may apply the 2018 proposed regulations base erosion minimum tax amount is in their entirety for all tax years ending on Applicable taxpayer. An applicable or before December 6, 2019. taxpayer is, with respect to any tax year, a increased by an additional 1%. taxpayer which meets all of the following See Regulations section 1.59A-5 for On December 6, 2019, the Treasury criteria. more information on how to compute the Department and the IRS published final The taxpayer is a corporation other than base erosion minimum tax amount. regulations (the “final regulations”) under • a regulated investment company (RIC), a Base erosion payment. A base erosion sections 59A, 383, 1502, and 6038A, and real estate investment trust (REIT), or an S payment is any amount paid or accrued by proposed regulations which propose other corporation. a taxpayer to a foreign person (as defined (the “2019 proposed regulations”). • regulations under sections 59A and 6031 The taxpayer has average annual gross in Regulations section 1.59A-1(b)(10)) receipts for the 3-tax-year period ending that is a related party (as defined in On October 9, 2020, the Treasury with the preceding tax year that are at Regulations section 1.59A-1(b)(12)) with Department and the IRS published final least $500 million (the “gross receipts regulations (the “2020 final regulations”) test”). Dec 22, 2020 Cat. No. 71330Z |
Enlarge image | Page 2 of 8 Fileid: … ns/I8991/202101/A/XML/Cycle07/source 10:59 - 22-Dec-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. respect to which a deduction is allowable • Qualified derivative payments. A • Any other person who is related to the under chapter 1. qualified derivative payment is a payment taxpayer within the meaning of The amount paid or accrued, and the made by a taxpayer pursuant to a Regulations section 1.59A-1(b)(17)(iii). identity of the payor and recipient of the derivative with respect to which the Section 318, with certain modifications, amount paid or accrued, is determined taxpayer (a) recognizes gain or loss as if applies in determining whether a person is under general tax principles. the derivative were sold for its fair market a related party. See Regulations section value on the last business day of the tax 1.59A-1(b)(17)(iii) for additional rules An amount paid or accrued includes an year and any additional times required by relating to the modification of section 318 amount paid or accrued using any form of the taxpayer’s method of accounting, (b) for use in determining a person’s consideration, such as cash, property, treats the recognized gain or loss as relatedness. stock, a partnership interest, or the ordinary, and (c) treats the character of all assumption of a liability. payments made with respect to the Base erosion tax benefit. Generally, a Base erosion payments are generally derivative as ordinary. A qualified base erosion tax benefit is any deduction determined on a gross basis, unless the derivative payment will not be excluded that is allowed under chapter 1 for the tax Code or regulations expressly permit from being characterized as a base year for any base erosion payment. Base netting of amounts in determining erosion payment if the payment is properly erosion tax benefits also include any payments. allocable to a non-derivative component of deductions allowed for the tax year for For purposes of determining whether a a contract or if the payment would be depreciation or amortization with respect taxpayer has made a base erosion treated as a base erosion payment if it to the property acquired with a base payment, the taxpayer must treat a were not made pursuant to a derivative, erosion payment (that are paid or accrued payment to or from a partnership as made such as an interest, royalty, or services in tax years beginning after 2017). Base to or from each partner. See Regulations payment. erosion tax benefits also include certain section 1.59A-7 for more information on • Effectively connected income and reductions in the gross amount of how the BEAT applies to partners. income taken into account in U.S. taxable premiums and other consideration on Base erosion payments also include income under an income tax treaty. insurance and annuity contracts, or any deduction from the amount of gross the following. 1. Amounts paid or accrued that are premiums written on insurance contracts • Amounts paid or accrued by a taxpayer subject to U.S. federal income taxation as during the tax year for premiums paid for to a foreign related party in connection income that is effectively connected to a reinsurance, and payments to certain with the acquisition of depreciable or U.S. trade or business if the taxpayer expatriated entities (as defined under amortizable property. receives a withholding certificate with Base erosion payment, earlier) that cause • Premiums or other consideration paid respect to the income. a reduction in gross receipts in computing or accrued by a taxpayer to a foreign 2. If the foreign related party gross income of the taxpayer for the tax related party for reinsurance payments determines its taxable income applying year. which are taken into account under the business profits provisions of an See the instructions for Schedule A for section 803(a)(1)(B) or section 832(b)(4) income tax treaty, amounts paid or special rules applicable in determining the (A). accrued to the foreign related party that amount of the base erosion tax benefit • Any amount paid or accrued by a are taken into account in determining its when taxes have been imposed by section taxpayer to a related party that is a taxable income. 871 or 881 and withheld under section surrogate foreign corporation (if that • Exchange loss from section 988 1441 or 1442 on a base erosion payment; corporation first became a surrogate transactions. or when the taxpayer has made an interest foreign corporation after November 9, • Certain deductions for amounts paid or payment that gives rise to a base erosion 2017), or a foreign person which is a accrued with respect to certain total loss tax benefit and section 163(j) applies for member of the same expanded affiliated absorbing capacity securities (TLAC) the tax year. group as the surrogate foreign corporation securities and certain foreign TLAC (collectively, “expatriated entities”), which securities. Base erosion percentage. The base results in a reduction to gross receipts. • Amounts transferred in connection with erosion percentage is the percentage See section 59A(d)(4) for more certain specified nonrecognition determined by dividing: information. transactions. See Regulations section 1. The aggregate amount of base See Regulations section 1.59A-3 for 1.59A-3(b)(3)(viii) for more information. erosion tax benefits of the taxpayer for the more information on the definition of a • Amounts paid by the taxpayer to a tax year (numerator) by base erosion payment. regulated foreign insurance company Base erosion payments do not include under a reinsurance contract for 2. The aggregate amount of the the following types of payments made to a reinsurance losses incurred or claims taxpayer’s allowed deductions and base foreign person that is a related party. payments that are ultimately paid by the erosion tax benefits (denominator). The • Amounts resulting in a reduction to foreign insurance company to an denominator excludes the following determine gross income, such as cost of unrelated party. deductions. goods sold. See Regulations section 1.59A-3(b)(3) a. Any deduction allowed under • Amounts paid or accrued for services if (i)–(ix) for further information on whether a sections 172, 245A, or 250. such services are services that meet the payment or accrual is not a base erosion b. Any deduction for amounts paid or requirements for eligibility for use of the payment. accrued for services to which the exception under Regulations section services cost method under section 482 Related party. A related party is: 1.59A-3(b)(3)(i) for the section 482 (determined without regard to the • Any 25% owner of the taxpayer (as services cost method applies. requirement that the services not defined in Regulations section 1.59A-1(b) contribute significantly to the fundamental (17)(ii)(A)), c. Any deduction for qualified risks of business success or failure), but • Any person who is related (within the derivative payments which are not treated only to the extent of the total services cost meaning of section 267(b) or 707(b)(1)) to as base erosion payments as a result of of those services. The mark-up the taxpayer or any 25% owner of the Regulations section 1.59A-3(b)(3)(ii). component paid or accrued to a foreign taxpayer, or related party is a base erosion payment. -2- Instructions for Form 8991 (Rev. 12-2020) |
Enlarge image | Page 3 of 8 Fileid: … ns/I8991/202101/A/XML/Cycle07/source 10:59 - 22-Dec-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. d. Exchange loss from section 988 Foreign corporations are excluded from totals on the printed forms. Enter the filer’s transactions that is not a base erosion an aggregate group except to the extent name and EIN on each supporting payment as a result of the exception under the foreign corporation has income statement or attachment. Regulations section 1.59A-3(b)(3)(iv). effectively connected with the conduct of a e. Any deduction for amounts paid or trade or business in the United States or Part I—Applicable accrued to foreign related parties with income taken into account in determining respect to TLAC securities and foreign net taxable income using an income tax Taxpayer TLAC securities that are not treated as treaty. Average Annual Gross base erosion payments as a result of An aggregate group is determined for Receipts for the 3-Tax-Year Regulations section 1.59A-3(b)(3)(v). each taxpayer. A taxpayer that is a f. Any reinsurance losses incurred or member of an aggregate group Period Ending With the claims payments that are not treated as determines its gross receipts and base Preceding Tax Year base erosion payments as a result of the erosion percentage on the basis of its A taxpayer that falls within the definition of exception under Regulations section aggregate group by taking into account Who Must File, earlier, and is filing Form 1.59A-3(b)(3)(ix). the gross receipts, base erosion 8991 should complete lines 1a through 1g payments, base erosion tax benefits, and to determine their average annual gross g. Any deduction not allowed in deductions of the members of the receipts for the 3-tax-year period ending determining taxable income. aggregate group for the tax years that end with the preceding tax year. See Regulations section 1.59A-2(e)(3) with or within the taxpayer's tax year. For purposes of determining average for further information on how to compute See Regulations section 1.59A-2(c) for annual gross receipts, a foreign the base erosion percentage. further information on how to apply the corporation's gross receipts are included Modified taxable income. Modified aggregation rules. only when such gross receipts are taken taxable income is the applicable into account when determining the foreign taxpayer’s taxable income plus any base Who Must File corporation's income effectively erosion tax benefit with respect to any Any corporation, other than a RIC, a REIT, connected with a U.S. trade or business base erosion payment and the base or an S corporation, that has aggregate (“ECI”). If the foreign corporation is subject erosion percentage of any net operating gross receipts of at least $500 million in 1 to tax on a net basis pursuant to a U.S. loss deduction allowed under section 172 or more of the 3 preceding tax years income tax treaty, only gross receipts that for the tax year. ending with the preceding tax year must are attributable to transactions taken into See Regulations section 1.59A-4(b) for file Form 8991. account in determining the foreign corporation's net taxable income are further information on the computation of See Form 8991, Part I, lines 1a through included in the gross receipts modified taxable income. 1g, and Specific Instructions, later, to determination. Applicable section 38 credits. determine whether the corporation has Applicable section 38 credits are the gross receipts of at least $500 million in 1 Line 1a. Enter in column (a) your gross credits allowed under section 38 for the or more of the 3 preceding tax years. receipts for the first preceding tax year. Enter in column (b) your gross receipts for tax year that are properly allocable to: See also questions/items and related the second preceding tax year. Enter in • The low-income housing credit instructions in the following forms. column (c) your gross receipts for the third • The renewable electricity production • determined under section 42(a); Question 22, Schedule K, Form 1120. preceding tax year. credit determined under section 45(a); • Item DD, Form 1120-F. and • Question 14, Schedule M, Form Only include the gross receipts of the 1120-L. filer on line 1a. Do not include on this line • The investment credit determined Question 15, Schedule I, Form the gross receipts of all other persons under section 46, but only to the extent • 1120-PC. treated as 1 person under the aggregation properly allocable to the energy credit Question 16, Schedule K, Form rules of Regulations section 1.59A-2(c) determined under section 48. • 1120-C. which should be reported on line 1c. See See also the instructions for the instructions for line 1c below. Schedule C, later. When To File Line 1b. Enter in column (a) gross Aggregation rules. When applying the Attach Form 8991 to your income tax receipts from partnerships for the first gross receipts test and base erosion return (or, if applicable, exempt preceding tax year. Enter in column (b) percentage test, a taxpayer that is a organization business income tax return) gross receipts from partnerships for the member of an aggregate group and file by the due date (including second preceding tax year. Enter in determines its gross receipts and base extensions) for that return. column (c) gross receipts from erosion percentage as if it were 1 person, partnerships for the third preceding tax on the basis of its aggregate group. A year. taxpayer is a member of an aggregate Specific Instructions A filer may report gross receipts from group if it belongs to a controlled group of Note. Complete every applicable entry Form 1065 (Sch. K-1), Partner's Share of corporations. The term “controlled group space on Form 8991. Do not enter “See Income, Deductions, Credits, etc., box 20 of corporations” has the meaning given by Attached” or “Available Upon Request” (tax years 2018 and 2019) and box 16 (tax section 1563(a) except that: instead of completing the entry spaces. If year 2020), received from partnerships in 1. “More than 50%” is substituted for more space is needed on the forms or which the applicable taxpayer holds “at least 80%” each place it appears in schedules, attach separate sheets using partnership interests. section 1563(a), and the same size and format as the printed Line 1c. Enter in column (a) gross 2. The determination of the controlled forms. receipts of all other persons treated as 1 group of corporations is made without If there are supporting statements and person under the aggregation rules of regard to sections 1563(a)(4) and (e)(3) attachments, arrange them in the same Regulations section 1.59A-2(c) (the (C). order as the schedules or forms they “aggregate gross receipts”) for the first support and attach them last. Show the preceding tax year. Enter in column (b) the Instructions for Form 8991 (Rev. 12-2020) -3- |
Enlarge image | Page 4 of 8 Fileid: … ns/I8991/202101/A/XML/Cycle07/source 10:59 - 22-Dec-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. aggregate gross receipts for the second • Any deduction under section 832(b)(4) If the current year reports taxable preceding tax year. Enter in column (c) the (A) from the amount of gross premiums income and there is a net operating loss aggregate gross receipts for the third written on insurance contracts during the carryover that would reduce taxable preceding tax year. Do not include on tax year for premiums paid for income below zero, enter “-0-.” Do not line 1c gross receipts that have already reinsurance. enter an amount less than zero. been included on line 1a. Line 2d. Enter the aggregate amount Line 3b. Enter the amount of base Line 1f. If the taxpayer was not in paid or accrued with respect to expatriated erosion tax benefits for the tax year with existence for the entire 3-year period entities that results in a reduction of the respect to base erosion payments from referenced in columns (a), (b), and (c), the gross receipts of the taxpayer. Schedule A, line 15, column (b-2). taxpayer must determine a gross receipts Line 2f. Enter the amount from Line 3c. Enter the amount of net average for the period that it was in Schedule A, line 5b. operating loss deduction to be added back existence (which includes the current to taxable income for purposes of year's gross receipts). See Regulations Line 2g. Enter the amount from determining modified taxable income. To section 1.59A-2(d)(2) for further Schedule A, line 9b. calculate this amount, first determine the information. Line 2h. Enter the aggregate amount of amount of net operating loss deduction Line 1g. If you check “No” on line 1g, you deductions allowed under sections 172, allowed under section 172 that does not are not subject to the section 59A tax on 245A, and 250. exceed taxable income before taking into base erosion payments of taxpayers with Line 2i. If an election is made to waive account the net operating loss deduction substantial gross receipts. Do not deductions in accordance with for all applicable tax years. Second, complete the remaining lines. Attach Form Regulations section 1.59A-3(c)(6)(i); multiply this net operating loss deduction 8991 to your tax return. check the “Yes” box on line 2i; complete by the base erosion percentage for the tax If you check “Yes” on line 1g, continue Schedule B, Waiver of Deductions; and year in which the net operating loss arose. to line 2a. enter the amount from line 15 of If the net operating loss deduction is Schedule B. If the taxpayer is a member of attributable to net operating losses that Base Erosion Percentage for arose in more than one tax year, multiply an aggregate group, and another member the Tax Year of the aggregate group has also made the the net operating loss attributable to each Complete lines 2a through 2o to determine election to waive deductions as described tax year by the base erosion percentage your base erosion percentage for the tax above, also include the amount of the for that tax year and determine the total year. See the definition of Aggregation member's waived deductions in line 2i. amount by adding the result from each tax rules, earlier, for information on how to See Schedule B—Waiver of Deductions, year. For any tax year beginning before determine the base erosion percentage for later. 2018, the base erosion percentage is zero. an aggregate group. If the taxpayer is not Line 2j. Enter the aggregate amount of a member of an aggregate group, the deductions for exchange losses from Line 3d. Combine the amounts on lines taxpayer should enter its own amounts in section 988 transactions described in 3a through 3c. lines 2a through 2o. Regulations section 1.59A-2(e)(3)(ii)(D). Part III—Regular Tax A taxpayer is subject to the 2% base Line 2k. Enter the aggregate amount of erosion percentage threshold if it is a deductions for TLAC securities and Liability Adjusted for member of an affiliated group (as defined foreign TLAC securities described in Purposes of Computing in section 1504(a)(1)) that includes a bank Regulations section 1.59A-2(e)(3)(ii)(E). Base Erosion Minimum (as defined in section 581) or a registered securities dealer under section 15(a) of Line 2l. Enter the aggregate amount of Tax Amount the Securities Exchange Act of 1934. reinsurance losses incurred and claims payments described in Regulations Line 4a. Enter the amount of regular tax Line 2a. Enter the amount of base section 1.59A-2(e)(3)(ii)(F). liability (as defined in section 26(b)) of the erosion tax benefits from Schedule A, applicable taxpayer for the tax year. line 15, column (a-2). Line 2p. If you check “No” for line 2p, you are not subject to the tax on base erosion Consolidated groups. Affiliated Line 2b. Enter the aggregate amount of payments of taxpayers with substantial groups of corporations filing consolidated deductions allowed under chapter 1 gross receipts. Do not complete the returns, please review any additional (sections 1 through 1400) for the tax year. remaining lines. Attach Form 8991 and the information at IRS.gov/Form8991. The amount entered should be the completed Schedule A (and, if applicable, Line 4c. Subtract line 4b from 4a. If zero aggregate deductions allowed to all Schedule B) to your tax return. or less, enter “-0-.” persons that are treated as 1 person under If you check “Yes” for line 2p, continue the aggregation rules. Do not include to Part II. Part IV—Computation of amounts reported on line 2c (reinsurance payments) or amounts reported on line 2d Base Erosion Minimum (payments to expatriated entities). Part II—Modified Taxable Tax Amount Line 2c. For reinsurance payments paid Income or accrued that are base erosion See Regulations section 1.59A-4 for Line 5b. Enter the applicable tax rate for payments described in Regulations further details on how to determine the tax year. For tax years beginning section 1.59A-3(b)(1)(iii), enter the modified taxable income. during 2018, the applicable rate is 5%. For tax years beginning and ending during aggregate amount of: Line 3a. Enter the amount of taxable 2019 through 2025, the applicable rate is • Any reduction under section 803(a)(1) income after any net operating loss. 10%. For any tax year that includes (B) in the gross amount of premiums and If the current year reports a loss, January 1, 2026, the applicable rate is other consideration on insurance and without any net operating loss carryovers, 12.5%. annuity contracts for premiums and other the amount entered here may be less than The rates above are increased by 1% if consideration arising out of indemnity zero. the applicable taxpayer is a member of an insurance, and -4- Instructions for Form 8991 (Rev. 12-2020) |
Enlarge image | Page 5 of 8 Fileid: … ns/I8991/202101/A/XML/Cycle07/source 10:59 - 22-Dec-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. affiliated group (as defined in section aggregate base erosion tax benefits, subject to the allowance for depreciation 1504(a)(1)) that includes either a bank (as respectively, that correspond to each type (or amortization in lieu of depreciation). defined in section 581), or a registered of base erosion payment specified on Line 3, columns (a-2) and (b-2). Enter securities dealer under section 15(a) of lines 3 through 11. The aggregate base the amount of deductions allowed under the Securities Exchange Act of 1934. erosion payment entered in these lines chapter 1 for the tax year for depreciation should include only those base erosion Line 5e. Subtract line 5d from line 5c. If (or amortization in lieu of depreciation) payments paid or accrued in the current zero or less, enter “-0-.” This is your base with respect to intangible property rights year. The aggregate base erosion tax erosion minimum tax amount. For an acquired in the current or prior years from benefit entered in these lines should only applicable taxpayer filing Form 1120, a foreign related party. include those base erosion tax benefits enter this amount on Schedule J, line 3. allowed in the current year, which may Line 4, columns (a-1) and (b-1). Enter For an applicable taxpayer filing Form relate to a base erosion payment paid or the amount paid or accrued to a foreign 1120-F, enter this amount on Section II, accrued in the current year or a prior year. related party for the use or right to use Schedule J, line 3. For an applicable The aggregate base erosion tax benefits tangible or intangible property resulting in taxpayer filing Form 1120-L, enter this in column (a-2), lines 3 through 11, should rents, royalties, and/or license fees. amount on Schedule K, line 3. For an be the amounts determined before applicable taxpayer filing Form 1120-PC, Line 4, columns (a-2) and (b-2). Enter applying the exception in Regulations enter this amount on page 1, line 6. the amount of deductions allowed under section 1.59A-3(c)(3) (base erosion tax chapter 1 for the tax year for amounts paid benefits disregarded if tax withheld on or accrued to a foreign related party for the Schedule A—Base Erosion base erosion payment). use or right to use tangible or intangible Payments and Base Aggregate base erosion payments property that results in rents, royalties, Erosion Tax Benefits include the base erosion payments of all and/or license fees. Schedule A is required to be attached if a persons treated as 1 person pursuant to corporation has average annual gross the aggregation rules (see the definition of Line 5a, columns (a-1) and (b-1). Enter receipts of $500 million or more for the Aggregation rules, earlier). Similarly, the amount paid or accrued to a foreign 3-tax-year period ending with the aggregate base erosion tax benefits related party as compensation or preceding tax year. This schedule requires include the base erosion tax benefits of all consideration for services, but excluding a taxpayer to report all amounts that are persons treated as 1 person pursuant to any amount that falls within the exception base erosion payments as defined in the aggregation rules. in Regulations section 1.59A-3(b)(3)(i). Enter amounts paid or accrued in excess Regulations section 1.59A-3(b) and base However, if the taxpayer is not a of the total services cost of the services erosion tax benefits as defined in member of an aggregate group, the eligible for the services cost method Regulations section 1.59A-3(c). This taxpayer will enter in columns (a-1) and exception (or the mark-up component). schedule also requires a taxpayer to (a-2) the amount of its own base erosion Also enter amounts paid or accrued for report any amounts that qualify for certain payments and base erosion tax benefits, services ineligible for the services cost exceptions applicable to amounts that are respectively, that correspond to each type method exception. not treated as base erosion payments. of base erosion payment specified on lines 3 through 11, determined before Line 5a, columns (a-2) and (b-2). Enter For lines 3 through 11, complete applying the exception in Regulations the amount of deductions allowed under columns (a-1), (a-2), (b-1), and (b-2) for section 1.59A-3(c)(3). chapter 1 for the tax year for amounts paid each type of payment made by the or accrued to a foreign related party as taxpayer (or, where applicable, member of Columns (b-1) and (b-2). Columns (b-1) compensation or consideration for the taxpayer's aggregate group) to a and (b-2) are used to determine modified services, but excluding any deduction for foreign related party of the taxpayer during taxable income, as described in amounts paid or accrued that fall within the tax year. For each type of payment Regulations section 1.59A-4, of the the exception in Regulations section reported on lines 3 through 11 of column applicable taxpayer. Enter in columns 1.59A-3(b)(3)(i). Enter amounts of (a-1), check all applicable boxes in (b-1) and (b-2) the amount of base erosion deductions allowed under chapter 1 for columns (c), (d), and (e) to indicate the payments and base erosion tax benefits, the tax year for amounts paid or accrued type of related party who received the respectively, that correspond to the type of in excess of the total services cost of the base erosion payment from the taxpayer. base erosion payments specified in lines 3 services eligible for the services cost through 11. Enter in these columns the method exception (or the mark-up Election to use financial statements applicable taxpayer’s own base erosion component). Also enter amounts of for interest expense. If the taxpayer is payments and base erosion tax benefits, deductions for services ineligible for the electing to use financial statements per without applying the aggregation rules. services cost method exception. Regulations section 1.59A-3(b)(4)(i)(D) for The base erosion tax benefit in column purposes of calculating interest expense (b-2), lines 3 through 11, should be an Line 5b. Enter the amount paid or allocable to a foreign corporation's amount determined before applying the accrued to a foreign related party as effectively connected income, check the exception in Regulations section compensation or consideration for “Yes” box on the top of Schedule A. 1.59A-3(c)(3) (tax benefits disregarded if services that are defined under the Otherwise, check “No”. tax withheld on base erosion payment). exception in Regulations section 1.59A-3(b)(3)(i). Determine the amount of Consolidated groups. Affiliated groups Line 1 and line 2. These lines are compensation or consideration eligible for of corporations filing consolidated returns, reserved and should not be used at this this exception after applying the please review any additional information time. aggregation rules. at IRS.gov/Form8991. Line 3, columns (a-1) and (b-1). Enter Line 6, columns (a-1) and (b-1). Enter Columns (a-1) and (a-2). Columns (a-1) the amount paid or accrued to a foreign the amount of all interest paid or accrued and (a-2) are used to determine the base related party in connection with the to a foreign related party with respect to erosion percentage, as defined in acquisition or creation of intangible which a deduction is allowable in the tax Regulations section 1.59A-2(e). Enter in property rights (patents, copyrights, year. columns (a-1) and (a-2) the amount of trademarks, trade secrets, etc.) that is aggregate base erosion payments and Instructions for Form 8991 (Rev. 12-2020) -5- |
Enlarge image | Page 6 of 8 Fileid: … ns/I8991/202101/A/XML/Cycle07/source 10:59 - 22-Dec-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Line 6, columns (a-2) and (b-2). Enter Line 9a, columns (a-2) and (b-2). Enter is a member of the same expanded the amount of deductible interest expense the amount of deductions allowed under affiliated group, as defined in section allowed under chapter 1 for the tax year chapter 1 for the tax year for amounts paid 7874(c)(1), as the surrogate foreign with respect to amounts paid or accrued to or accrued to a foreign related party with corporation. A surrogate foreign a foreign related party. For purposes of respect to any payment that is not a corporation is defined in section 7874(a) completing line 6, columns (a-2) and (b-2), qualified derivative payment. Do not (2)(B), but does not include a foreign any reduction in the amount of interest for include any deductions allowed under corporation that is treated as a domestic which a deduction is allowed for the tax chapter 1 for the tax year if the deductible corporation under section 7874(b). year under section 163(j) is treated as amount is a qualified derivative payment. Line 10, columns (a-2) and (b-2). Enter allocable first to interest paid or accrued to the amount of the reduction to gross Line 9b. Enter the amount paid to a persons who are not related parties with receipts with respect to payments to foreign related party that is a qualified respect to the taxpayer and then to such expatriated entities that were used to derivative payment excepted by related parties. compute gross income for the tax year. Regulations section 1.59A-6(b). Line 7, columns (a-1) and (b-1). Enter Determine the amount of the qualified Line 11, columns (a-1) and (b-1). Enter the amount paid or accrued to a foreign derivative payments after applying the the total amount of any other base erosion related party for the purchase of tangible aggregation rules. Generally, a qualified payments that were paid or accrued to a personal property. derivative payment is any payment made foreign related party and for which a by the taxpayer pursuant to a derivative Line 7, columns (a-2) and (b-2). Enter deduction is allowable under chapter 1. contract provided that the taxpayer the amount of deductions allowed under Only include those amounts that have not recognizes gain or loss on the derivative chapter 1 for the tax year for amounts paid otherwise been included in Schedule A on contract as if it were sold for its fair market or accrued to a foreign related party for the lines 3 through 10. value on the last business day of the tax purchase of tangible personal property. Line 11, columns (a-2) and (b-2). Enter year; treats the gain or loss as ordinary; Line 8, columns (a-1) and (b-1). Enter and treats the character of all other items the amount of deductions allowed under the amount of any premiums or other of income, deduction, gain, or loss with chapter 1 for the tax year for other base consideration paid or accrued to a foreign respect to a payment pursuant to the erosion payments paid or accrued to a related party for insurance and derivative as ordinary. A payment is not a foreign related party. Only include those reinsurance that are taken into account qualified derivative payment if the amounts that have not otherwise been under section 803(a)(1)(B) (relating to payment would be treated as a base included in Schedule A on lines 3 through return premiums and premiums or other erosion payment if it were not made 10. consideration arising out of indemnity pursuant to a derivative (such as interest, Attach a statement for line 11. For reinsurance that reduces life insurance royalty, or services income). With respect amounts reported on line 11, attach a gross income) or section 832(b)(4)(A) to a contract with both derivative and statement describing the type and amount (relating to amounts deducted from gross non-derivative components, a payment is of other payments, using the same column premiums written on insurance contracts not a qualified derivative payment if it is headings as specified in Schedule A: for return premiums and premiums paid properly allocable to the non-derivative “Aggregate Group's Base Erosion for reinsurance). See Regulations section component. Payments,” “Aggregate Group's Base 1.59A-3(b)(1)(iii). A taxpayer meets the reporting Erosion Tax Benefits,” “Taxpayer's Base Line 8, columns (a-2) and (b-2). Enter requirement of Regulations sections Erosion Payments,” and “Taxpayer's Base the amount of any reduction under section 1.59A-6(b)(2) and 1.6038A-2(b)(7)(ix) by Erosion Tax Benefits.” For each type of 803(a)(1)(B) in gross premiums and other entering the amount on line 9b. For tax payment, the attachment must identify the consideration on insurance and annuity years beginning after June 7, 2021, a relationship of the recipients consistent contracts for premiums and other taxpayer will also need to provide a with the categories and instructions for consideration arising out of indemnity representation that all payments satisfy columns (c), (d), and (e) of Schedule A. insurance paid to a foreign related party, the requirements of Regulations section Line 12. For columns (a-1), (a-2), (b-1), and the amount of any deduction under 1.59A-6(b)(2) and meet the reporting and (b-2), add lines 3 through 11 and section 832(b)(4)(A) from the amount of requirement of Regulations sections enter the total amount. gross premiums written on insurance 1.59A-6(b)(2) and 1.6038A-2(b)(7)(ix). Line 13. Enter the aggregate amount of contracts during the tax year for premiums Line 10, columns (a-1) and (b-1). Enter base erosion tax benefits from columns paid to a foreign related party for the amount paid or accrued to certain (a-2) and (b-2) of lines 3 through 11 on reinsurance. expatriated entities that results in a which tax is imposed under section 871(a) Line 9a, columns (a-1) and (b-1). Enter reduction of the gross receipts of the or section 881, and with respect to which the amount paid or accrued to a foreign taxpayer. This amount includes payments tax has been deducted and withheld under related party with respect to any derivative to a surrogate foreign corporation that is a section 1442 at a 30% rate. contract that is not a qualified derivative related party, but only if the entity first payment as defined in Regulations section became a surrogate foreign corporation 1.59A-6. Do not include any amount paid after November 9, 2017. The amount also that is a qualified derivative payment. includes payments to a foreign person that -6- Instructions for Form 8991 (Rev. 12-2020) |
Enlarge image | Page 7 of 8 Fileid: … ns/I8991/202101/A/XML/Cycle07/source 10:59 - 22-Dec-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Worksheet for Schedule A, Line 14 Keep for Your Records A B C D E Type of base erosion payment Amount of base erosion tax Treaty-reduced withholding Divide column C by 30% (0.30) Multiply column B by column D benefit rate (round to four decimal places) % % % % % Add the amounts in column E and enter the total on the appropriate line on Schedule A, line 14. Line 14. Complete the worksheet above benefit that is exempt from tax pursuant to aggregate group has also elected to waive to determine the portion of the base relevant income tax treaty provisions. any of its deductions, complete a separate erosion tax benefits from lines 3 through attachment for each member of the 11 on which tax is imposed under section Do not combine the base erosion tax aggregate group that is waiving 871 or section 881, and with respect to benefits that are subject to different deductions which contains the name and which tax has been deducted and withholding rates. Do not enter any EIN of the aggregate group member and withheld at a reduced withholding rate (but blended withholding tax rates. the information shown in columns (a) not exempt from tax) pursuant to a U.S. Column A. Enter the type of base erosion through (i). Attach each attachment to income tax treaty. The amount to be payment that corresponds to the type of Schedule B. Include the total amount of entered on line 14 is the same proportion base erosion payment in Schedule A. the deductions being claimed by all of of such base erosion tax benefits as the your aggregate group members with reduced rate of tax specified by the Column B. Enter the amount of base respect to the items or property that their relevant treaty bears to the rate of tax erosion tax benefits that correspond to the respective waiver elections relate to on imposed without regard to the treaty. specific type of base erosion payment on line 14, column (h) and the total of all of Complete a separate worksheet for which tax is imposed under section 871 or the deductions being waived by the column (a-2) amounts and column (b-2) section 881, and with respect to which tax members on line 14, column (i). See amounts on line 14, as necessary. Keep a is deducted and withheld at a reduced instructions for line 14. copy of the completed worksheet for your withholding rate pursuant to a U.S. income records. tax treaty. Column (a). Enter a brief description of Line 15. Subtract the sum of line 13 and Column C. Enter the treaty-reduced the item or property to which the line 14 from line 12, and enter the amount withholding tax rate to which the base deduction relates to; for example, debt on line 15. Line 15, column (a-2), is the erosion tax benefit is subject. instrument, intangible property (such as patent, trademark, or license), personal total amount of aggregate base erosion Column D. Divide the tax rate in column property, real property, etc. tax benefits for the tax year that is used for C by 30% (0.30). Round to four decimal purposes of determining the taxpayer's places. Column (b). Enter the date on which, or base erosion percentage. Line 15, column the time period which the waived (b-2), is the total amount of base erosion Column E. Multiply the amount in column deduction was paid or accrued. tax benefits for the tax year that is used for B by column D. The amount is the portion purposes of determining the taxpayer's of base erosion tax benefits with respect Column (c). Enter the provision of the modified taxable income. Line 15, column to the specific type of base erosion Code (and regulations, as applicable) that (b-2), is also the total amount of base payment and the specific treaty-reduced allows the deduction for the item or erosion tax benefits for the tax year that is rate of withholding that is not taken into property to which the election relates. used for purposes of determining the account in computing modified taxable Column (d). Enter the schedule and line taxpayer's base erosion percentage when income. Add the amounts in column E and number of the controlled group's federal the taxpayer is not a member of an enter the total on Schedule A, line 14, income tax return where the deduction is aggregate group. column (a-2) or (b-2). reflected (or would have been reflected). Column (e). Enter the name of the Instructions for Worksheet for Schedule B—Waiver of foreign related party that is or will be the Schedule A, Line 14, Columns Deductions recipient of the payment that generates (a-2) and (b-2) Schedule B is used to report all the the deduction. General deductions being waived for the tax year Column (f). Enter the tax identification in accordance with Regulations section number of the foreign related party payee Use a separate row for each type of base 1.59A-3(c)(6)(i). Columns (a) through (i) that was entered in column (e). This can erosion payment and each treaty-reduced are to be completed for each item or be an EIN, ITIN or FTIN (Foreign Tax withholding tax rate to which the property of which a deduction related to Identification Number). corresponding base erosion tax benefit is such item or property is being waived. subject. Column (g). Enter the country of You should use Lines 1 through organization of the foreign related party 13 to report only your own Do not include a base erosion tax CAUTION! deductions that you are electing to that was entered in column (e). benefit that is subject to the 30% statutory waive. If a member or members of your withholding tax rate or a base erosion tax Instructions for Form 8991 (Rev. 12-2020) -7- |
Enlarge image | Page 8 of 8 Fileid: … ns/I8991/202101/A/XML/Cycle07/source 10:59 - 22-Dec-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Column (h). For each item or property equals the available credit for increasing Line 9. Enter the total amount of section reported under columns (a) through (g), research activities in the tax year. 45 credit shown on Form 3800, lines 1f enter the amount of the deduction claimed Line 3. Enter only the portion of the and 4e, “Renewable electricity, refined on the tax return (after the waiver available credit for increasing research coal, and Indian coal production (Form indicated in column (i)). activities which was included on Form 8835),” of all Parts III, with box A, B, C, or Column (i). For each item or property 3800, Part II, line 38, and used against D checked (other than any amount reported under columns (a) through (g), regular tax liability. You must apply the allocable to refined coal and Indian coal enter the amount of the deduction being general rules and the ordering rules for production). This total equals the available waived. use of general business credits from the credit for renewable electricity production Instructions for Form 3800. The in the tax year. Line 14. If additional space is necessary, Instructions for Form 3800 provide that Line 10. Enter only the total amount of complete and attach a separate worksheet credits reported on Form 3800 are treated investment credit allocable to the section with the same information as shown under as used on a first-in, first-out basis by 48 energy credit shown on line 4a, columns (a) through (i) for each additional offsetting the earliest earned credits first. “Investment (Form 3468, Part III)” of all item or property. Enter the total of Therefore, the order in which the credits Parts III, Form 3800, with box A, B, C, or D deductions claimed for the tax year on are used in any tax year is: checked. The section 48 energy credit line 14, column (h) and the total of • Carryforwards to that year, the earliest portion of the amount in Part III, line 4a, deductions waived on line 14, column (i). ones first; equals the sum of the amounts reported in Also include on this line the total of • The general business credit earned in Form 3468, Part III, Energy credit, on lines deductions being claimed (column (h)) that year; and 12a, 12b, 12c, 12d, 12g, 12j, 12m, 12p, and waived (column (i)) from other • The carryback to that year. 12s, 12v, 12x, 12y, 12z, 12aa, 12bb, 12cc, taxpayers that are members of your If your general business credits exceed 12dd, 12ee, 12ff, and 12gg. This total aggregate group, if applicable. your tax liability limit, the credits are used equals the available investment credit in the order as they are listed in section properly allocable to the energy credit in Schedule C—Credits 38(b). Although general business credits the tax year. Reducing Regular Tax are aggregated on Form 3800, you should Line 11. Enter only the portion of the have a separate record of each credit. Liability in Computing available applicable credits which was Line 5. Section 59A(b)(1)(B)(ii)(II) limits included on Form 3800, Part II, line 38, Base Erosion Minimum the allowable adjustment for applicable and used against regular tax liability. This Tax Amount (BEMTA) section 38 credits to 80% of the lesser of represents the amount of applicable applicable section 38 credits or the credits allowed in the current year. Refer Part I—Credits Allowed Against BEMTA computed without the adjustment to the ordering rules described in the Regular Tax for applicable section 38 credits computed earlier instructions for Schedule C, line 3. in Part III. Line 1. You must enter the total credits Part III—BEMTA Determined allowed against your regular tax liability in Part II—Applicable Section 38 Without Adjustment for the tax year, except for credits allowed Credits Applicable Section 38 Credits under sections 33, 37, and 53. Total credits include the sum of all credits Line 8. Enter the total amount of credit Line 15. Subtract line 14 from line 13. If shown on Form 1120 or other applicable shown on line 1d, “Low-income housing zero or less, enter “-0-.” return. (Form 8586, Part I only),” and line 4d, “Low-income housing (Form 8586, Part Line 16. You must compute the BEMTA Line 2. Enter the total amount of credit for II),” of all Parts III, Form 3800, with box A, without adjustment for applicable section increasing research activities reported on B, C, or D checked. This total equals the 38 credits to allow computation of the line 1c, “Increasing research activities available credit for low-income housing in limitation of applicable section 38 credits (Form 6765),” of all Parts III, Form 3800, the tax year. on lines 4 and 5 of Part I. with box A, B, C, or D checked. This total 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 and is included in the estimates shown in the instructions for their business income tax return. -8- Instructions for Form 8991 (Rev. 12-2020) |