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        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). 



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                                                                                                        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



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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)



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  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-



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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)



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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-



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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 

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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-



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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 

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                                                             -8-                             Instructions for Form 8991 (Rev. 12-2020)






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