美国公司所得税
Department of the Treasury Contents
Internal Revenue Service
Introduction (2)
Businesses Taxed as Corporations (2)
Publication542
Property Exchanged for Stock (3)
(Rev. March 2012)
Capital Contributions (5)
Cat.No.15072O
Corporations Penalties (6)
Filing and Paying Income Taxes (5)
Income Tax Return (5)
Estimated Tax (6)
U.S. Real Property Interest (8)
Accounting Methods (8)
Accounting Periods (9)
Recordkeeping (9)
Income, Deductions, Special Provisions (9)
Costs of Going Into Business (9)
Related Persons (9)
Income From Qualifying Shipping Activities (10)
Election to Expense Qualified Refinery
Property (10)
Deduction to Comply With EPA Sulfur
Regulations (10)
Energy-Efficient Commercial Building
Property Deduction (10)
Corporate Preference Items (11)
Dividends-Received Deduction (11)
Extraordinary Dividends (12)
Below-Market Loans (12)
Charitable Contributions (13)
Capital Losses (14)
Net Operating Losses (15)
At-Risk Limits (16)
Passive Activity Limits (16)
Figuring Tax (16)
Tax Rate Schedule (16)
Alternative Minimum Tax (AMT) (17)
Credits (17)
Recapture Taxes (17)
Accumulated Earnings Tax (18)
Distributions to Shareholders (18)
Money or Property Distributions (18)
Distributions of Stock or Stock Rights (19)
Constructive Distributions (19)
Reporting Dividends and Other Distributions (19)
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How To Get Tax Help (21)
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Internet https://www.360docs.net/doc/267869372.html,
Other Useful Forms (24)
Index (28)
Useful Items
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Publication
Photographs of missing children.The Internal Reve-
nue Service is a proud partner with the National Center for t510Excise Taxes (Including Fuel Tax Credits and Missing and Exploited Children. Photographs of missing Refunds)
children selected by the Center may appear in this publica-
t535Business Expenses
tion on pages that would otherwise be blank. You can help
bring these children home by looking at the photographs t538Accounting Periods and Methods
and calling 1-800-THE-LOST (1-800-843-5678) if you rec-
t544Sales and Other Dispositions of Assets ognize a child.
t550Investment Income and Expenses Introduction
t925Passive Activity and At-Risk Rules
t946How to Depreciate Property
This publication discusses the general tax laws that apply
to ordinary domestic corporations. It explains the tax law in
plain language so it will be easier to understand. However,Businesses Taxed as
the information given does not cover every situation and is
not intended to replace the law or change its meaning.Corporations
Note. This publication is not revised on an annual
basis. To find changes that may affect current year returns,
The rules you must use to determine whether a business is see the instructions for your income tax return for the
taxed as a corporation changed for businesses formed current year; and Changes to Current Forms and Publica-
after 1996.
tions at https://www.360docs.net/doc/267869372.html,/formspubs.
Comments and suggestions.We welcome your com-Business formed before 1997.A business formed ments about this publication and your suggestions for before 1997 and taxed as a corporation under the old rules future editions.will generally continue to be taxed as a corporation.
You can write to us at the following address:
Business formed after 1996.The following businesses Internal Revenue Service
formed after 1996 are taxed as corporations.
Business, Exempt Organizations and International
Forms and Publications Branch?A business formed under a federal or state law that SE:W:CAR:MP:T:B refers to it as a corporation, body corporate, or body 1111 Constitution Ave. NW, IR-6526politic.
Washington, DC 20224?
A business formed under a state law that refers to it
as a joint-stock company or joint-stock association.
We respond to many letters by telephone. Therefore, it
?An insurance company.
would be helpful if you would include your daytime phone
number, including the area code, in your correspondence.?Certain banks.
You can email us at *taxforms@https://www.360docs.net/doc/267869372.html, (The asterisk
?A business wholly owned by a state or local govern-must be included in the address). Please put “Publications
ment.
Comment” on the subject line. You can also send us
comments at https://www.360docs.net/doc/267869372.html,/formspubs/. Select “Comment?A business specifically required to be taxed as a
on Tax Forms and Publications” under “Information about.”corporation by the Internal Revenue Code (for exam-Although we cannot respond individually to each com-ple, certain publicly traded partnerships).
ment, we do appreciate your feedback and will consider
?Certain foreign businesses.
your comments as we revise our tax products.
?Any other business that elects to be taxed as a
Tax questions.If you have a tax question, visit https://www.360docs.net/doc/267869372.html, or
corporation. For example, a limited liability company call 1-800-829-1040. We cannot answer tax questions at
(LLC) can elect to be treated as an association tax-either of the addresses listed above.
able as a corporation by filing Form 8832, Entity Ordering forms and publications.Visit https://www.360docs.net/doc/267869372.html,/Classification Election. For more information about formspubs to download forms and publications, call LLCs, see Publication 3402, Taxation of Limited Lia-1-800-829-3676, or write to the National Distribution bility Companies.
Center at the address shown under How to Get Tax Help,
later in this publication.
S corporations.Some corporations may meet the qualifi-
cations for electing to be S corporations. For information Additional forms.A list of other forms and statements
on S corporations, see the instructions for Form 1120S, that a corporation may need to file is included at the end of
U.S. Income Tax Return for an S Corporation.
this publication.
Personal service corporations.A corporation is a per-sonal service corporation if it meets all of the following Property Exchanged for Stock
requirements.
If you transfer property (or money and property) to a 1.Its principal activity during the “testing period” is per-corporation in exchange for stock in that corporation (other forming personal services (defined later). Generally,than nonqualified preferred stock, described later), and the testing period for any tax year is the prior tax immediately afterward you are in control of the corporation,year. If the corporation has just been formed, the the exchange is usually not taxable. This rule applies both testing period begins on the first day of its tax year to individuals and to groups who transfer property to a and ends on the earlier of:corporation. It also applies whether the corporation is be-ing formed or is already operating. It does not apply in the a.The last day of its tax year, or
following situations.
b.The last day of the calendar year in which its tax ?The corporation is an investment company.
year begins.?You transfer the property in a bankruptcy or similar proceeding in exchange for stock used to pay credi-2.Its employee-owners substantially perform the serv-tors.
ices in (1), above. This requirement is met if more than 20% of the corporation’s compensation cost for ?The stock is received in exchange for the corpora-
tion’s debt (other than a security) or for interest on its activities of performing personal services during the corporation’s debt (including a security) that ac-the testing period is for personal services performed crued while you held the debt.
by employee-owners.3.Its employee-owners own more than 10% of the fair Both the corporation and any person involved in a
market value of its outstanding stock on the last day nontaxable exchange of property for stock must
of the testing period.attach to their income tax returns a complete
TIP statement of all facts pertinent to the exchange. For more Personal services.Personal services include any ac-information, see section 1.351-3 of the Regulations.
tivity performed in the fields of accounting, actuarial sci-Control of a corporation.To be in control of a corpora-ence, architecture, consulting, engineering, health tion, you or your group of transferors must own, immedi-(including veterinary services), law, and the performing ately after the exchange, at least 80% of the total arts.
combined voting power of all classes of stock entitled to Employee-owners.A person is an employee-owner of vote and at least 80% of the outstanding shares of each class of nonvoting stock.
a personal service corporation if both of the following apply.
Example 1.You and Bill Jones buy property for 1.He or she is an employee of the corporation or per-$100,000. You both organize a corporation when the prop-forms personal services for, or on behalf of, the cor-erty has a fair market value of $300,000. You transfer the property to the corporation for all its authorized capital poration (even if he or she is an independent stock, which has a par value of $300,000. No gain is contractor for other purposes) on any day of the recognized by you, Bill, or the corporation.
testing period.2.He or she owns any stock in the corporation at any Example 2.You and Bill transfer the property with a time during the testing period.basis of $100,000 to a corporation in exchange for stock with a fair market value of $300,000. This represents only Other rules.For other rules that apply to personal serv-75% of each class of stock of the corporation. The other ice corporations see Accounting Periods, later.
25% was already issued to someone else. You and Bill recognize a taxable gain of $200,000 on the transaction.Closely held corporations.A corporation is closely held Services rendered.The term property does not include if all of the following apply.
services rendered or to be rendered to the issuing corpora-tion. The value of stock received for services is income to 1.It is not a personal service corporation.
the recipient.
2.At any time during the last half of the tax year, more than 50% of the value of its outstanding stock is,Example.You transfer property worth $35,000 and directly or indirectly, owned by or for five or fewer render services valued at $3,000 to a corporation in ex-individuals. “Individual” includes certain trusts and change for stock valued at $38,000. Right after the ex-private foundations.change, you own 85% of the outstanding stock. No gain is recognized on the exchange of property. However, you Other rules.For the at-risk rules that apply to closely recognize ordinary income of $3,000 as payment for serv-held corporations, see At-Risk Limits , later.ices you rendered to the corporation.
Property of relatively small value.The term property paid, such as a trade account payable or interest, no
gain is recognized.
does not include property of a relatively small value when it
is compared to the value of stock and securities already?If there is no good business reason for the corpora-owned or to be received for services by the transferor if the tion to assume your liabilities, or if your main pur-main purpose of the transfer is to qualify for the nonrecog-pose in the exchange is to avoid federal income tax, nition of gain or loss by other transferors.the assumption is treated as if you received money Property transferred will not be considered to be of in the amount of the liabilities.
relatively small value if its fair market value is at least 10%
For more information on the assumption of liabilities, see of the fair market value of the stock and securities already
section 357(d) of the Internal Revenue Code.
owned or to be received for services by the transferor.
Example.You transfer property to a corporation for Stock received in disproportion to property trans-
stock. Immediately after the transfer, you control the corpo-ferred.If a group of transferors exchange property for
ration. You also receive $10,000 in the exchange. Your corporate stock, each transferor does not have to receive
adjusted basis in the transferred property is $20,000. The stock in proportion to his or her interest in the property
stock you receive has a fair market value (FMV) of transferred. If a disproportionate transfer takes place, it will
$16,000. The corporation also assumes a $5,000 mort-be treated for tax purposes in accordance with its true
gage on the property for which you are personally liable. nature. It may be treated as if the stock were first received
Gain is realized as follows.
in proportion and then some of it used to make gifts, pay
compensation for services, or satisfy the transferor’s obli-FMV of stock received......................$16,000 gations.Cash received...........................10,000
Liability assumed by corporation...............5,000
Total received............................$31,000 Money or other property received.If, in an otherwise
Minus: Adjusted basis of property transferred......20,000 nontaxable exchange of property for corporate stock, you Realized gain............................$11,000
also receive money or property other than stock, you may
The liability assumed is not treated as money or other have to recognize gain. You must recognize gain only up to
property. The recognized gain is limited to $10,000, the the amount of money plus the fair market value of the other
cash received.
property you receive. The rules for figuring the recognized
gain in this situation generally follow those for a partially
Loss on exchange.If you have a loss from an exchange nontaxable exchange discussed in Publication 544 under
and own, directly or indirectly, more than 50% of the Like-Kind Exchanges. If the property you give up includes
corporation’s stock, you cannot deduct the loss. For more depreciable property, the recognized gain may have to be
information, see Nondeductible Loss under Sales and Ex-reported as ordinary income from depreciation. See chap-
changes Between Related Persons in chapter 2 of Publica-ter 3 of Publication 544. No loss is recognized.
tion 544.
Nonqualified preferred stock.Nonqualified preferred
Basis of stock or other property received.The basis of stock is treated as property other than stock. Generally, it
the stock you receive is generally the adjusted basis of the is preferred stock with any of the following features.
property you transfer. Increase this amount by any amount ?The holder has the right to require the issuer or a treated as a dividend, plus any gain recognized on the related person to redeem or buy the stock.exchange. Decrease this amount by any cash you re-
ceived, the fair market value of any other property you ?The issuer or a related person is required to redeem
received, and any loss recognized on the exchange. Also or buy the stock.
decrease this amount by the amount of any liability the ?The issuer or a related person has the right to re-corporation or another party to the exchange assumed deem or buy the stock and, on the issue date, it is from you, unless payment of the liability gives rise to a more likely than not that the right will be exercised.deduction when paid.
Further decreases may be required when the corpora-?The dividend rate on the stock varies with reference
tion or another party to the exchange assumes from you a to interest rates, commodity prices, or similar indi-
liability that gives rise to a deduction when paid, if the basis ces.
of the stock would otherwise be higher than its fair market For a detailed definition of nonqualified preferred stock,value on the date of the exchange. This rule does not apply see section 351(g)(2) of the Internal Revenue Code.if the entity assuming the liability acquired either substan-
tially all of the assets or the trade or business with which Liabilities.If the corporation assumes your liabilities,
the liability is associated.
the exchange generally is not treated as if you received
The basis of any other property you receive is its fair money or other property. There are two exceptions to this
market value on the date of the trade.
treatment.
?If the liabilities the corporation assumes are more Basis of property transferred.A corporation that re-than your adjusted basis in the property you transfer,ceives property from you in exchange for its stock gener-gain is recognized up to the difference. However, if ally has the same basis you had in the property, increased the liabilities assumed give rise to a deduction when by any gain you recognized on the exchange. However,
Basis of each piece of property
the increase for the gain recognized may be limited. For Bases of all properties (within that category)
more information, see section 362 of the Internal Revenue Code.
If the corporation wishes to make this adjustment in some other way, it must get IRS approval. The corporation files a Election to reduce basis.In a section 351 transaction,request for approval with its income tax return for the tax if the adjusted basis of the property transferred exceeds year in which it receives the contribution.
the property’s fair market value, the transferor and trans-feree may make an irrevocable election to treat the basis of the stock received by the transferor as having a basis equal to the fair market value of the property transferred.Filing and Paying Income The transferor and transferee make this election by attach-ing a statement to their tax returns filed by the due date Taxes
(including extensions) for the tax year in which the transac-tion occurred. However, if the transferor makes the elec-The federal income tax is a pay-as-you-go tax. A corpora-tion by including the certification provided in Notice tion generally must make estimated tax payments as it 2005-70, 2005-41, I.R.B. 694, on or with its tax return filed earns or receives income during its tax year. After the end by the due date (including extensions), then no election of the year, the corporation must file an income tax return.need be made by the transferee.
This section will help you determine when and how to pay For more information on making this election, see and file corporate income taxes.
section 362(e)(2)(C) of the Internal Revenue Code, and For certain corporations affected by Presiden-Notice 2005-70.
tially declared disasters such as hurricanes, the
due dates for filing returns, paying taxes, and
TIP performing other time-sensitive acts may be extended.Capital Contributions
The IRS may also forgive the interest and penalties on any underpaid tax for the length of any extension. For more This section explains the tax treatment of contributions information, visit https://www.360docs.net/doc/267869372.html,/newsroom/article/from shareholders and nonshareholders.
0,,id=108362.00.
Paid-in capital.Contributions to the capital of a corpora-tion, whether or not by shareholders, are paid-in capital.Income Tax Return
These contributions are not taxable to the corporation.This section will help you determine when and how to Basis.The corporation’s basis of property contributed to report a corporation’s income tax.
capital by a shareholder is the same as the basis the shareholder had in the property, increased by any gain the Who must file.Unless exempt under section 501 of the shareholder recognized on the exchange. However, the Internal Revenue Code, all domestic corporations in exis-increase for the gain recognized may be limited. For more tence for any part of a tax year (including corporations in information, see Basis of property transferred, above, and bankruptcy) must file an income tax return whether or not section 362 of the Internal Revenue Code.
they have taxable income.
The basis of property contributed to capital by a person Which form to file.A corporation generally must file Form other than a shareholder is zero.
1120, U.S. Corporation Income Tax Return, to report its If a corporation receives a cash contribution from a income, gains, losses, deductions, credits, and to figure its person other than a shareholder, the corporation must income tax liability. Certain organizations and entities must reduce the basis of any property acquired with the contri-file special returns. For more information, see Special bution during the 12-month period beginning on the day it Returns for Certain Organizations, in the Instructions for received the contribution by the amount of the contribution.Form 1120.
If the amount contributed is more than the cost of the property acquired, then reduce, but not below zero, the Electronic filing.Corporations can generally electroni-basis of the other properties held by the corporation on the cally file (e-file) Form 1120 and certain related forms,last day of the 12-month period in the following order. schedules, and attachments. Certain corporations with to-tal assets of $10 million or more, that file at least 2501.Depreciable property.returns a year must e-file Form 1120. However, in certain instances, these corporations can request a waiver. For 2.Amortizable property.
more information regarding electronic filing, visit www.irs.3.Property subject to cost depletion but not to percent-gov/efile .
age depletion.When to file.Generally, a corporation must file its income 4.All other remaining properties.
tax return by the 15th day of the 3rd month after the end of Reduce the basis of property in each category to zero its tax year. A new corporation filing a short-period return before going on to the next category.
must generally file by the 15th day of the 3rd month after There may be more than one piece of property in each the short period ends. A corporation that has dissolved category. Base the reduction of the basis of each property must generally file by the 15th day of the 3rd month after on the following ratio:
the date it dissolved.
Example 1.A corporation’s tax year ends December for each month or part of a month the tax is not paid, up to a 31. It must file its income tax return by March 15th.maximum of 25% of the unpaid tax. The penalty will not be imposed if the corporation can show that the failure to pay Example 2.A corporation’s tax year ends June 30. It on time was due to a reasonable cause.
must file its income tax return by September 15th.
Trust fund recovery penalty.If income, social security,If the due date falls on a Saturday, Sunday, or legal and Medicare taxes that a corporation must withhold from holiday, the due date is extended to the next business day.employee wages are not withheld or are not deposited or Extension of time to file.File Form 7004, Application paid to the United States Treasury, the trust fund recovery for Automatic Extension of Time To File Certain Business penalty may apply. The penalty is the full amount of the Income Tax, Information and Other Returns, to request an unpaid trust fund tax. This penalty may apply to you if these extension of time to file a corporation income tax return.unpaid taxes cannot be immediately collected from the The IRS will grant the extension if you complete the form business.
properly, file it, and pay any tax due by the original due The trust fund recovery penalty may be imposed on all date for the return.
persons who are determined by the IRS to be responsible Form 7004 does not extend the time for paying the tax for collecting, accounting for, and paying these taxes, and due on the return. Interest, and possibly penalties, will be who acted willfully in not doing so.
charged on any part of the final tax due not shown as a A responsible person can be an officer or employee of a balance due on Form 7004. The interest is figured from the corporation, an accountant, or a volunteer director/trustee.original due date of the return to the date of payment. A responsible person also may include one who signs For more information, see the instructions for Form checks for the corporation or otherwise has authority to 7004.
cause the spending of business funds.
Willfully means voluntarily, consciously, and intention-How to pay your taxes.A corporation must pay its tax ally. A responsible person acts willfully if the person knows due in full no later than the 15th day of the 3rd month after the required actions are not taking place.
the end of its tax year.
For more information on withholding and paying these taxes, see Publication 15 (Circular E), Employer’s Tax Electronic Federal Tax Payment System (EFTPS).Guide, and Publication 51, (Circular A), Agricultural Em-Corporations generally must use EFTPS to make deposits ployer’s Tax Guide.
of all tax liabilities (including social security, Medicare,withheld income, excise, and corporate income taxes). For Other penalties.Other penalties can be imposed for neg-more information on EFTPS and enrollment, visit www.ligence, substantial understatement of tax, reportable https://www.360docs.net/doc/267869372.html, or call 1-800-555-4477. Also see Publication transaction understatements, and fraud. See sections 966, The Secure Way to Pay Your Federal Taxes.6662, 6662A, and 6663 of the Internal Revenue Code.
Note.Forms 8109 and 8109-B, Federal Tax Deposit Estimated Tax
Coupon, can no longer be used to make federal tax depos-its.
Generally, a corporation must make installment payments if it expects its estimated tax for the year to be $500 or Penalties
more. If the corporation does not pay the installments when they are due, it could be subject to an underpayment penalty. This section will explain how to avoid this penalty.Generally, if the corporation receives a notice about interest and penalties after it files its return,
When to pay estimated tax.Installment payments are send the IRS an explanation and we will deter-CAUTION !
due by the 15th day of the 4th, 6th, 9th, and 12th months of mine if the corporation meets reasonable-cause criteria.the corporation’s tax year.
Do not attach an explanation when the corporation’s re-turn is filed. See the instructions for your income tax return.Example 1.Your corporation’s tax year ends Decem-Late filing of return.A corporation that does not file its ber 31. Installment payments are due on April 15, June 15,tax return by the due date, including extensions, may be September 15, and December 15.
penalized 5% of the unpaid tax for each month or part of a month the return is late, up to a maximum of 25% of the Example 2.Your corporation’s tax year ends June 30.unpaid tax. If the corporation is charged a penalty for late Installment payments are due on October 15, December payment of tax (discussed next) for the same period of 15, March 15, and June 15.
time, the penalty for late filing is reduced by the amount of If any due date falls on a Saturday, Sunday, or legal the penalty for late payment. The minimum penalty for a holiday, the installment is due on the next business day.return that is over 60 days late is the smaller of the tax due How to figure each required https://www.360docs.net/doc/267869372.html,e Form or $100. The penalty will not be imposed if the corporation 1120-W, Estimated Tax for Corporations, as a worksheet can show the failure to file on time was due to a reasonable to figure each required installment of estimated tax. You cause.
will generally use one of the following two methods to Late payment of tax.A corporation that does not pay the figure each required installment. You should use the tax when due may be penalized 1/2 of 1% of the unpaid tax method that yields the smallest installment payments.
Note.In these discussions, “return” generally refers to subject to the penalty for underpayment of estimated tax the corporation’s original return. However, an amended and to figure the amount of the penalty.
return is considered the original return if it is filed by the If the corporation is charged a penalty, the amount of the due date (including extensions) of the original return.penalty depends on the following three factors.
Method 1.Each required installment is 25% of the in-
1.The amount of the underpayment.
come tax the corporation will show on its return for the
current year. 2.The period during which the underpayment was due
and unpaid.
Method 2.Each required installment is 25% of the in-
come tax shown on the corporation’s return for the previ- 3.The interest rate for underpayments published quar-ous year.terly by the IRS in the Internal Revenue Bulletin.
To use Method 2:
A corporation generally does not have to file Form 2220
with its income tax return because the IRS will figure any 1.The corporation must have filed a return for the pre-
vious year,penalty and bill the corporation. However, even if the
corporation does not owe a penalty, complete and attach 2.The return must have been for a full 12 months, and
the form to the corporation’s tax return if any of the follow-3.The return must have shown a positive tax liability ing apply.
(not zero).
1.The annualized income installment method was used Also, if the corporation is a large corporation, it can use to figure any required installment.
Method 2 to figure the first installment only.
2.The adjusted seasonal installment method was used
See the Instructions for Form 1120-W, for the definition
to figure any required installment.
of a large corporation and other special rules for large
corporations. 3.The corporation is a large corporation figuring its first
Other methods.If a corporation’s income is expected required installment based on the prior year’s tax.
to vary during the year because, for example, its business
is seasonal, it may be able to lower the amount of one or
How to pay estimated tax.A corporation is generally more required installments by using one or both of the
required to use EFTPS to pay its taxes. See Electronic following methods.
Federal Tax Payment System (EFTPS), earlier. Also see 1.The annualized income installment method.the Instructions for Form 1120-W.
2.The adjusted seasonal installment method.
Quick refund of overpayments.A corporation that has Use Schedule A of Form 1120-W to determine if using one
overpaid its estimated tax for the tax year may be able to or both of these methods will lower the amount of any
apply for a quick refund. Use Form 4466, Corporation required installments.
Application for Quick Refund of Overpayment of Estimated Refiguring required installments.If after the corpora-Tax, to apply for a quick refund of an overpayment of tion figures and deposits its estimated tax it finds that its tax estimated tax. A corporation can apply for a quick refund if liability for the year will be more or less than originally the overpayment is:
estimated, it may have to refigure its required installments
?At least 10% of its expected tax liability, and
to see if an underpayment penalty may apply. An immedi-
ate catchup payment should be made to reduce any pen-?At least $500.
alty resulting from the underpayment of any earlier
Use Form 4466 to figure the corporation’s expected tax installments.
liability and the overpayment of estimated tax. Underpayment penalty.If the corporation does not pay a
File Form 4466 before the 16th day of the 3rd month required installment of estimated tax by its due date, it may
be subject to a penalty. The penalty is figured separately after the end of the tax year, but before the corporation files for each installment due date. The corporation may owe a its income tax return. Do not file Form 4466 before the end penalty for an earlier due date, even if it paid enough tax of the corporation’s tax year. An extension of time to file the later to make up the underpayment. This is true even if the corporation’s income tax return will not extend the time for corporation is due a refund when its return is filed.filing Form 4466. The IRS will act on the form within 45
days from the date you file it.
Form https://www.360docs.net/doc/267869372.html,e Form 2220, Underpayment of Esti-
mated Tax by Corporations, to determine if a corporation is
Generally, an accrual basis taxpayer can deduct ac-U.S. Real Property Interest
crued expenses in the tax year when:
If a domestic corporation acquires a U.S. real property ?All events that determine the liability have occurred,interest from a foreign person or firm, the corporation may ?The amount of the liability can be figured with rea-have to withhold tax on the amount it pays for the property.sonable accuracy, and The amount paid includes cash, the fair market value of other property, and any assumed liability. If a domestic ?Economic performance takes place with respect to
corporation distributes a U.S. real property interest to a the expense.
foreign person or firm, it may have to withhold tax on the fair market value of the property. A corporation that fails to There are exceptions to the economic performance rule withhold may be liable for the tax, and any penalties and for certain items, including recurring expenses. See sec-interest that apply. For more information, see section 1445tion 461(h) of the Internal Revenue Code and the related of the Internal Revenue Code; Publication 515, Withhold-regulations for the rules for determining when economic ing of Tax on Nonresident Aliens and Foreign Entities;performance takes place.
Form 8288, U.S. Withholding Tax Return for Dispositions Nonaccrual experience method.Accrual method corpo-by Foreign Persons of U.S. Real Property Interests; and rations are not required to maintain accruals for certain Form 8288-A, Statement of Withholding on Dispositions by amounts from the performance of services that, on the Foreign Persons of U.S. Real Property Interests.
basis of their experience, will not be collected, if:
?The services are in the fields of health, law, engi-
neering, architecture, accounting, actuarial science,Accounting Methods
performing arts, or consulting; or
An accounting method is a set of rules used to determine ?The corporation’s average annual gross receipts for
when and how income and expenses are reported. Tax-the 3 prior tax years does not exceed $5 million.
able income should be determined using the method of accounting regularly used in keeping the corporation’s This provision does not apply if interest is required to be books and records. In all cases, the method used must paid on the amount or if there is any penalty for failure to clearly show taxable income.
pay the amount timely.
Generally, permissible methods include:
Percentage of completion method.Long-term contracts ?Cash,
(except for certain real property construction contracts)must generally be accounted for using the percentage of ?Accrual, or
completion method described in section 460 of the Internal ?Any other method authorized by the Internal Reve-Revenue Code.
nue Code.
Mark-to-market accounting method.Generally, dealers in securities must use the mark-to-market accounting Accrual method.Generally, a corporation (other than a method described in section 475 of the Internal Revenue qualified personal service corporation) must use the ac-Code. Under this method any security held by a dealer as crual method of accounting if its average annual gross inventory must be included in inventory at its FMV. Any receipts exceed $5 million. A corporation engaged in farm-security not held as inventory at the close of the tax year is ing operations also must use the accrual method.
treated as sold at its FMV on the last business day of the If inventories are required, the accrual method generally tax year. Any gain or loss must be taken into account in must be used for sales and purchases of merchandise.determining gross income. The gain or loss taken into However, qualifying taxpayers and eligible businesses of account is treated as ordinary gain or loss.
qualifying small business taxpayers are excepted from Dealers in commodities and traders in securities and using the accrual method for eligible trades or businesses commodities can elect to use the mark-to-market account-and may account for inventoriable items as materials and ing method.
supplies that are not incidental.
Change in accounting method.A corporation can Under the accrual method, an amount is includable in change its method of accounting used to report taxable income when:
income (for income as a whole or for the treatment of any 1.All the events have occurred that fix the right to
material item). The corporation must file Form 3115, Appli-receive the income, which is the earliest of the date:cation for Change in Accounting Method. For more infor-mation, see Form 3115 and Publication 538.
a.The required performance takes place,Section 481(a) adjustment.The corporation may have
b.Payment is due, or to make an adjustment under section 481(a) of the Internal
c.Payment is received; and
Revenue Code to prevent amounts of income or expense from being duplicated or omitted. The section 481(a) ad-2.The amount can be determined with reasonable ac-justment period is generally 1 year for a net negative curacy.adjustment and 4 years for a net positive adjustment.
However, a corporation can elect to use a 1-year adjust-ment period if the net section 481(a) adjustment for the Income, Deductions, and change is less than $25,000. The corporation must com-Special Provisions
plete the appropriate lines of Form 3115 to make the election. See the Instructions for Form 3115.
Rules on income and deductions that apply to individuals also apply, for the most part, to corporations. However, the following special provisions apply only to corporations.
Accounting Periods
Costs of Going Into Business
A corporation must figure its taxable income on the basis of a tax year. A tax year is the annual accounting period a When you go into business, treat all costs you incur to get corporation uses to keep its records and report its income your business started as capital expenses. However, a and expenses. Generally, corporations can use either a corporation can elect to deduct a limited amount of start-up calendar year or a fiscal year as its tax year. Unless special or organizational costs. Any costs not deducted can be rules apply, a corporation generally adopts a tax year by amortized.
filing its first federal income tax return using that tax year.Start-up costs are costs for creating an active trade or For more information, see Publication 538.
business or investigating the creation or acquisition of an Personal service corporation.A personal service cor-active trade or business. Organizational costs are the poration must use a calendar year as its tax year unless:
direct costs of creating the corporation.
For more information on deducting or amortizing ?It elects to use a 52–53 week tax year that ends
start-up and organizational costs, see the instructions for with reference to the calendar year;
your income tax return. Also see, Publication 535, chapter ?It can establish a business purpose for a different tax
7, Costs You Can Deduct or Capitalize , and chapter 8,year and obtains approval of the IRS. See Form Amortization .
1128, Application To Adopt, Change, or Retain a Tax Year, and Publication 538; or
Related Persons
?It elects under section 444 of the Internal Revenue
A corporation that uses an accrual method of accounting Code to have a tax year other than a calendar year.cannot deduct business expenses and interest owed to a Use Form 8716, Election to Have a Tax Year Other related person who uses the cash method of accounting Than a Required Tax Year, to make the election.
until the corporation makes the payment and the corre-sponding amount is includible in the related person’s gross If a personal service corporation makes a section 444income. Determine the relationship, for this rule, as of the election, its deduction for certain amounts paid to em-end of the tax year for which the expense or interest would ployee-owners may be limited. See Schedule H (Form otherwise be deductible. If a deduction is denied, the rule 1120), Section 280H Limitations for a Personal Service will continue to apply even if the corporation’s relationship Corporation (PSC), to figure the maximum deduction.with the person ends before the expense or interest is Change of tax year.Generally, a corporation must get includible in the gross income of that person. These rules the consent of the IRS before changing its tax year by filing also deny the deduction of losses on the sale or exchange Form 1128. However, under certain conditions, a corpora-of property between related persons.
tion can change its tax year without getting the consent.For more information, see Form 1128 and Publication 538.
Related persons.For purposes of this rule, the following persons are related to a corporation.
1.Another corporation, that is a member of the same Recordkeeping
controlled group (as defined in section 267(f) of the Internal Revenue Code).A corporation should keep its records for as long as they may be needed for the administration of any provision of 2.An individual who owns, directly or indirectly, more the Internal Revenue Code. Usually records that support than 50% of the value of the outstanding stock of the items of income, deductions, or credits on the return must corporation.be kept for 3 years from the date the return is due or filed, 3.A trust fiduciary, when the trust or the grantor of the whichever is later. Keep records that verify the corpora-trust owns, directly or indirectly, more than 50% in tion’s basis in property for as long as they are needed to value of the outstanding stock of the corporation.figure the basis of the original or replacement property.The corporation should keep copies of all filed returns. 4.An S corporation, if the same persons own more They help in preparing future and amended returns and in than 50% in value of the outstanding stock of each the calculation of earnings and profits.
corporation.
5.A partnership, if the same persons own more than A corporation uses Form 8902, Alternative Tax on Qual-50% in value of the outstanding stock of the corpora-ifying Shipping Activities, to make the election and figure tion and more than 50% of the capital or profits the alternative tax. For more information regarding the interest in the partnership.election, see Form 8902.
6.Any employee-owner, if the corporation is a personal service corporation (see Personal service corpora-Election to Expense Qualified tion , earlier), regardless of the amount of stock Refinery Property
owned by the employee-owner. A corporation can make an irrevocable election on its tax Ownership of stock.To determine whether an individ-return filed by the due date (including extensions) to de-ual directly or indirectly owns any of the outstanding stock duct 50% of the cost of qualified refinery property (defined of a corporation, the following apply.
in section 179C(c) of the Internal Revenue Code), placed in service before January 1, 2014. The deduction is al-1.Stock owned, directly or indirectly, by or for a corpo-lowed for the year in which the property is placed in ration, partnership, estate, or trust, is treated as be-service.
ing owned proportionately by or for its shareholders,partners, or beneficiaries. A subchapter T cooperative can make an irrevocable election on its return by the due date (including extensions)2.An individual is treated as owning the stock owned,to allocate this deduction to its owners based on their directly or indirectly, by or for the individual’s family.ownership interest.
Family includes only brothers and sisters (including For more information, see section 179C of the Internal half brothers and half sisters), a spouse, ancestors,and lineal descendants.Revenue Code and the related Regulations.
3.Any individual owning (other than by applying (2),Deduction to Comply With EPA Sulfur above) stock in a corporation, is treated as also own-ing the stock owned directly or indirectly by that indi-Regulations
vidual’s partner. A small business refiner can make an irrevocable election 4.To apply (1), (2), or (3), above, stock constructively on its tax return filed by the due date (including extensions)owned by a person under (1) is treated as actually to deduct up to 75% of qualified costs paid or incurred to owned by that person. But stock constructively
comply with the Highway Diesel Fuel Sulfur Control Re-owned by an individual under (2) or (3) is not treated quirements of the Environmental Protection Agency as actually owned by the individual for applying ei-(EPA).
ther (2) or (3) to make another person the construc-tive owner of that stock. A subchapter T cooperative can make an irrevocable election on its return filed by the due date (including exten-sions) to allocate the deduction to its owners based on Reallocation of income and deductions.Where it is their ownership interest.
necessary to clearly show income or prevent tax evasion,the IRS can reallocate gross income, deductions, credits,For more information, see sections 45H and 179B of the or allowances between two or more organizations, trades,Internal Revenue Code and the related Regulations.
or businesses owned or controlled directly, or indirectly, by the same interests.
Energy-Efficient Commercial Building Complete liquidations.The disallowance of losses from Property Deduction
the sale or exchange of property between related persons does not apply to liquidating distributions.
A corporation can claim a deduction for costs associated with energy-efficient commercial building property, placed More information.For more information about the re-in service before January 1, 2014. In order to qualify for the lated person rules, see Publication 544.
deduction:
?The costs must be associated with depreciable or
Income From Qualifying Shipping amortizable property in a Standard 90.1-2001 do-Activities
mestic building;
A corporation may make an election to be taxed on its ?The property must be either a part of the interior
notional shipping income at the highest corporate tax rate.lighting system, the heating, cooling, ventilation and If a corporation makes this election it may exclude income hot water system, or the building envelope (defined from qualifying shipping activities from gross income. Also in section 179D(c)(1)(C) of the Internal Revenue if the election is made, the corporation generally may not Code); and
claim any loss, deduction, or credit with respect to qualify-?The property must be installed as part of a plan to
ing shipping activities. A corporation making this election reduce the total annual energy and power costs of may also elect to defer gain on the disposition of a qualify-the building by 50% or more.
ing vessel.
The deduction is limited to $1.80 per square foot of the Small business investment companies.Small busi-ness investment companies can deduct 100% of the divi-building less the total amount of deductions taken for this dends received from taxable domestic corporations.property in prior tax years. Other rules and limitations apply. The corporation must reduce the basis of any prop-Dividends from regulated investment companies.erty by any deduction taken. The deduction is subject to Regulated investment company dividends received are recapture if the corporation fails to fully implement an subject to certain limits. Capital gain dividends received energy savings plan.
from a regulated investment company do not qualify for the For more information, see section 179D of the Internal deduction. For more information, see section 854 of the Revenue Code. Also see Notice 2006-52, 2006-26 I.R.B.Internal Revenue Code.
1175, clarified and amplified by Notice 2008-40, 2008-14No deduction allowed for certain dividends.Corpora-I.R.B. 725, and any successor.
tions cannot take a deduction for dividends received from the following entities.
Corporate Preference Items
1.A real estate investment trust (REIT).
A corporation must make special adjustments to certain items before it takes them into account in determining its 2.A corporation exempt from tax under section 501 or 521 of the Internal Revenue Code either for the tax taxable income. These items are known as corporate pref-year of the distribution or the preceding tax year.erence items and they include the following.
3.A corporation whose stock was held less than 46?Gain on the disposition of section 1250 property.
days during the 91-day period beginning 45 days For more information, see section 1250 Property before the stock became ex-dividend with respect to under Depreciation Recapture in chapter 3 of Publi-the dividend. Ex-dividend means the holder has no cation 544.
rights to the dividend.?Percentage depletion for iron ore and coal (in-
4.A corporation whose preferred stock was held less cluding lignite). For more information, see Mines than 91 days during the 181-day period beginning 90and Geothermal Deposits under Mineral Property in days before the stock became ex-dividend with re-chapter 9 of Publication 53
5.
spect to the dividend if the dividends received are for ?Amortization of pollution control facilities. For
a period or periods totaling more than 366 days.more information, see Pollution Control Facilities in 5.Any corporation, if your corporation is under an obli-chapter 8 of Publication 535 and section 291(a)(5) of gation (pursuant to a short sale or otherwise) to the Internal Revenue Code.
make related payments with respect to positions in ?Mineral exploration and development costs. For
substantially similar or related property.more information, see Exploration Costs and Devel-opment Costs in chapter 7 of Publication 535.
Dividends on deposits.Dividends on deposits or with-drawable accounts in domestic building and loan associa-For more information on corporate preference items, see tions, mutual savings banks, cooperative banks, and section 291 of the Internal Revenue Code.
similar organizations are interest, not dividends. They do not qualify for this deduction.
Dividends-Received Deduction
Limit on deduction for dividends.The total deduction for dividends received or accrued is generally limited (in A corporation can deduct a percentage of certain dividends the following order) to:
received during its tax year. This section discusses the general rules that apply. The deduction is figured on Form 1.80% of the difference between taxable income and 1120, Schedule C, or the applicable schedule of your the 100% deduction allowed for dividends received income tax return. For more information, see the Instruc-from affiliated corporations, or by a small business tions for Form 1120, or the instructions for your applicable investment company, for dividends received or ac-income tax return.
crued from 20%-owned corporations, then 2.70% of the difference between taxable income and Dividends from domestic corporations.A corporation the 100% deduction allowed for dividends received can deduct, within certain limits, 70% of the dividends from affiliated corporations, or by a small business received if the corporation receiving the dividend owns less investment company, for dividends received or ac-than 20% of the corporation distributing the dividend. If the crued from less-than-20%-owned corporations (re-corporation owns 20% or more of the distributing corpora-ducing taxable income by the total dividends tion’s stock, it can, subject to certain limits, deduct 80% of received from 20%-owned corporations).the dividends received.
Ownership.Determine ownership, for these rules, by Figuring the limit.In figuring the limit, determine tax-the amount of voting power and value of the paying corpo-able income without the following items.ration’s stock (other than certain preferred stock) the re-ceiving corporation owns. 1.The net operating loss deduction.
2.The domestic production activities deduction.regardless of the period of time the corporation held the
stock.
3.The deduction for dividends received.
Disqualified preferred stock is any stock preferred as to 4.Any adjustment due to the nontaxable part of an dividends if any of the following apply.
extraordinary dividend (see Extraordinary Dividends,
below). 1.The stock when issued has a dividend rate that de-
clines (or can reasonably be expected to decline) in 5.Any capital loss carryback to the tax year.
the future.
Effect of net operating loss.If a corporation has a net 2.The issue price of the stock exceeds its liquidation operating loss (NOL) for a tax year, the limit of 80% (or rights or stated redemption price.
70%) of taxable income does not apply. To determine
3.The stock is otherwise structured to avoid the rules whether a corporation has an NOL, figure the divi-
for extraordinary dividends and to enable corporate dends-received deduction without the 80% (or 70%) of
taxable income limit.shareholders to reduce tax through a combination of
dividends-received deductions and loss on the dispo-Example 1.A corporation loses $25,000 from opera-sition of the stock.
tions. It receives $100,000 in dividends from a 20%-owned
These rules apply to stock issued after July 10, 1989, corporation. Its taxable income is $75,000 ($100,000 –
unless it was issued under a written binding contract in $25,000) before the deduction for dividends received. If it
effect on that date, and thereafter, before the issuance of claims the full dividends-received deduction of $80,000
the stock.
($100,000 × 80%) and combines it with an operations loss
of $25,000, it will have an NOL of ($5,000). Therefore, the
80% of taxable income limit does not apply. The corpora-More information.For more information on extraordinary tion can deduct the full $80,000.dividends, see section 1059 of the Internal Revenue Code. Example 2.Assume the same facts as in Example 1,
except that the corporation only loses $15,000 from opera-
tions. Its taxable income is $85,000 before the deduction
for dividends received. After claiming the divi-Below-Market Loans
dends-received deduction of $80,000 ($100,000 × 80%),
its taxable income is $5,000. Because the corporation will
If a corporation receives a below-market loan and uses the not have an NOL after applying a full dividends-received
proceeds for its trade or business, it may be able to deduct deduction, its allowable dividends-received deduction is
the forgone interest.
limited to 80% of its taxable income, or $68,000 ($85,000 ×
80%). A below-market loan is a loan on which no interest is
charged or on which interest is charged at a rate below the Extraordinary Dividends
applicable federal rate. A below-market loan generally is
treated as an arm’s-length transaction in which the bor-If a corporation receives an extraordinary dividend on rower is considered as having received both the following: stock held 2 years or less before the dividend announce-
?A loan in exchange for a note that requires payment ment date, it generally must reduce its basis in the stock by
of interest at the applicable federal rate, and
the nontaxed part of the dividend. The nontaxed part is any
dividends-received deduction allowable for the dividends.?An additional payment in an amount equal to the
forgone interest.
Extraordinary dividend.An extraordinary dividend is
Treat the additional payment as a gift, dividend, contribu-any dividend on stock that equals or exceeds a certain
tion to capital, payment of compensation, or other pay-percentage of the corporation’s adjusted basis in the stock.
ment, depending on the substance of the transaction. The percentages are:
1.5% for stock preferred as to dividends, or Foregone interest.For any period, forgone interest is
equal to:
2.10% for other stock.
1.The interest that would be payable for that period if Treat all dividends received that have ex-dividend dates
interest accrued on the loan at the applicable federal within an 85-consecutive-day period as one dividend.
rate and was payable annually on December 31, Treat all dividends received that have ex-dividend dates
within a 365-consecutive-day period as extraordinary divi-minus
dends if the total of the dividends exceeds 20% of the
2.Any interest actually payable on the loan for the corporation’s adjusted basis in the stock.
period.
See Below-market loans, in chapter 4 of Publication 535 Disqualified preferred stock.Any dividend on disquali-
for more information.
fied preferred stock is treated as an extraordinary dividend
Charitable Contributions
contributions to the extent it increases a net operating loss
carryover.
A corporation can claim a limited deduction for charitable
Cash contributions.A corporation must maintain a re-contributions made in cash or other property. The contribu-
cord of any contribution of cash, check, or other monetary tion is deductible if made to, or for the use of, a qualified
contribution, regardless of the amount. The record can be organization. For more information on qualified organiza-
a bank record, receipt, letter, or other written communica-tions, see Publication 526, Charitable Contributions. Also
see, Exempt Organizations Select Check (EO Select tion from the donee indicating the name of the organiza-Check) at https://www.360docs.net/doc/267869372.html,/charities, the on-line search tool for tion, the date of the contribution, and the amount of the finding information on organizations eligible to receive contribution. Keep the record of the contribution with the tax-deductible contributions.other corporate records. Do not attach the records to the
corporation’s return. For more information on cash contri-Note.You cannot take a deduction if any of the net butions, see Publication 526.
earnings of an organization receiving contributions benefit
Gifts of $250 or more.Generally, no deduction is al-any private shareholder or individual.
lowed for any contribution of $250 or more unless the Cash method corporation.A corporation using the cash corporation gets a written acknowledgement from the do-method of accounting deducts contributions in the tax year nee organization. The acknowledgement should show the paid.amount of cash contributed, a description of the property
contributed, and either gives a description and a good faith Accrual method corporation.A corporation using an estimate of the value of any goods or services provided in
accrual method of accounting can choose to deduct un-return for the contribution or states that no goods or serv-paid contributions for the tax year the board of directors
ices were provided in return for the contribution. The ac-authorizes them if it pays them by the 15th day of the 3rd
knowledgement should be received by the due date month after the close of that tax year. Make the choice by
(including extensions) of the return, or, if earlier, the date reporting the contribution on the corporation’s return for the
the return was filed. Keep the acknowledgement with other tax year. A declaration stating that the board of directors
corporate records. Do not attach the acknowledgement to adopted the resolution during the tax year must accom-
the return.
pany the return. The declaration must include the date the
resolution was adopted.
Contributions of property other than cash.If a corpora-Limitations on deduction.A corporation cannot deduct tion (other than a closely-held or a personal service corpo-charitable contributions that exceed 10% of its taxable ration) claims a deduction of more than $500 for income for the tax year. Figure taxable income for this contributions of property other than cash, a schedule purpose without the following.describing the property and the method used to determine
its fair market value must be attached to the corporation’s 1.The deduction for charitable contributions.return. In addition the corporation should keep a record of:
2.The dividends-received deduction.?The approximate date and manner of acquisition of
the donated property and
3.The deduction allowed under section 249 of the In-
ternal Revenue Code.?The cost or other basis of the donated property held
by the donor for less than 12 months prior to contri-4.The domestic production activities deduction.
bution.
5.Any net operating loss carryback to the tax year.
Closely held and personal service corporations must 6.Any capital loss carryback to the tax year.
complete and attach Form 8283, Noncash Charitable Con-
tributions, to their returns if they claim a deduction of more Farmers and ranchers. Corporations that are farmers
than $500 for non-cash contributions. For all other corpora-and ranchers should see section 170(b)(2) of the Internal
Revenue Code for special rules that may affect the deduc-tions, if the deduction claimed for donated property ex-tion limit.ceeds $5,000, complete Form 8283 and attach it to the
corporation’s return.
Carryover of excess contributions.You can carry
A corporation must obtain a qualified appraisal for all over, within certain limits, to each of the subsequent 5
deductions of property claimed in excess of $5,000. A years any charitable contributions made during the current
qualified appraisal is not required for the donation of cash, year that exceed the 10% limit. You lose any excess not
publicly traded securities, inventory, and any qualified ve-used within that period. For example, if a corporation has a
hicles sold by a donee organization without any significant carryover of excess contributions paid in 2010 and it does
intervening use or material improvement. The appraisal not use all the excess on its return for 2011, it can carry any
should be maintained with other corporate records and excess over to 2012, 2013, 2014, and 2015, if applicable.
only attached to the corporation’s return when the deduc-Any excess not used in 2015 is lost. Do not deduct a
tion claimed exceeds $500,000; $20,000 for donated art carryover of excess contributions in the carryover year until
work.
after you deduct contributions made in that year (subject to
See Form 8283 for more information.
the 10% limit). You cannot deduct a carryover of excess
Qualified conservation contributions.If a corpora-? Computer technology and equipment acquired or tion makes a qualified conservation contribution, the cor-constructed and donated no later than 3 years after poration must provide information regarding the legal either acquisition or substantial completion of con-interest being donated, the fair market value of the underly-struction to an educational organization for educa-ing property before and after the donation, and a descrip-tional purposes within the United States.
tion of the conservation purpose for which the property will
be used. For more information, see section 170(h) of the
Contributions to organizations conducting lobbying Internal Revenue Code.
activities.Contributions made to an organization that Contributions of used vehicles.A corporation is al-conducts lobbying activities are not deductible if: lowed a deduction for the contribution of used motor vehi-?
The lobbying activities relate to matters of direct cles, boats, and airplanes. The deduction is limited, and
financial interest to the donor’s trade or business other special rules apply. For more information, see Publi-
and
cation 526.
? The principal purpose of the contribution was to Reduction for contributions of certain property.For
avoid federal income tax by obtaining a deduction for a charitable contribution of property, the corporation must
activities that would have been nondeductible under reduce the contribution by the sum of:
the lobbying expense rules if conducted directly by ? The ordinary income and short-term capital gain the donor.
that would have resulted if the property were sold at
its FMV and
More information.For more information on charitable ? For certain contributions, the long-term capital gain contributions, including substantiation and recordkeeping that would have resulted if the property were sold at requirements, see section 170 of the Internal Revenue its FMV.Code, the related regulations, and Publication 526.
The reduction for the long-term capital gain applies to:Capital Losses
? Contributions of tangible personal property for use
A corporation can deduct capital losses only up to the
by an exempt organization for a purpose or function
amount of its capital gains. In other words, if a corporation unrelated to the basis for its exemption;
has an excess capital loss, it cannot deduct the loss in the ? Contributions of any property to or for the use of current tax year. Instead, it carries the loss to other tax certain private foundations except for stock for which years and deducts it from any net capital gains that occur in market quotations are readily available; and those years.
?Contributions of any patent, certain copyrights, A capital loss is carried to other years in the following trademark, trade name, trade secret, know-how,order.
software (that is a section 197 intangible), or similar
1.3 years prior to the loss year.
property, or applications or registrations of such
property. 2.2 years prior to the loss year.
3.1 year prior to the loss year.
Larger deduction.A corporation (other than an S cor-
poration) may be able to claim a deduction equal to the 4.Any loss remaining is carried forward for 5 years. lesser of (a) the basis of the donated inventory or property
When you carry a net capital loss to another tax year, treat plus one-half of the inventory or property’s appreciation
it as a short-term loss. It does not retain its original identity (gain if the donated inventory or property was sold at fair
as long term or short term.
market value on the date of the donation), or (b) two times
basis of the donated inventory or property. This deduction
Example.A calendar year corporation has a net may be allowed for certain contributions of:
short-term capital gain of $3,000 and a net long-term ? Certain inventory and other property made to a capital loss of $9,000. The short-term gain offsets some of donee organization and used solely for the care of the long-term loss, leaving a net capital loss of $6,000. The the ill, the needy, and infants.corporation treats this $6,000 as a short-term loss when
carried back or forward.
? Scientific property constructed by the corporation
The corporation carries the $6,000 short-term loss back (other than an S corporation, personal holding com-
3 years. In year 1, the corporation had a net short-term
pany, or personal service corporation) and donated
capital gain of $8,000 and a net long-term capital gain of no later than 2 years after substantial completion of
$5,000. It subtracts the $6,000 short-term loss first from the construction. The property must be donated to a
the net short-term gain. This results in a net capital gain for qualified organization and its original use must be by
year 1 of $7,000. This consists of a net short-term capital the donee for research, experimentation, or research
gain of $2,000 ($8,000 ? $6,000) and a net long-term training within the United States in the area of physi-
cal or biological science.capital gain of $5,000.
S corporation status.A corporation may not carry a For more information, see the Instructions for Form
1139, and the instructions for the corporation’s tax return. capital loss from, or to, a year for which it is an S corpora-
tion.
Claiming the NOL Deduction
Rules for carryover and carryback.When carrying a
capital loss from one year to another, the following rules Generally, a corporation must carry an NOL back 2 years apply.prior to the year the NOL is generated. If the NOL is not
used in the prior years, the remaining NOL can be carried ?When figuring the current year’s net capital loss, you
forward for up to 20 years after the tax year in which the cannot combine it with a capital loss carried from
NOL was generated. Special rules apply to certain losses another year. In other words, you can carry capital
including a specified liability loss, a farming loss, certain losses only to years that would otherwise have a
disaster losses, an applicable 2008 or 2009 NOL, an eligi-total net capital gain.
ble loss, or an excess interest loss. See the Instructions for ?If you carry capital losses from 2 or more years to Form 1139.
the same year, deduct the loss from the earliest year A corporation can make an election to waive the car-first.ryback period and use only the 20 year carryforward pe-
riod. To make the election check the box on Schedule K,?You cannot use a capital loss carried from another
Form 1120, Consolidated tax return filers must also attach year to produce or increase a net operating loss in
a statement to the original return, filed by the due date
the year to which you carry it back.
(including extensions) for the NOL year.
Refunds.When you carry back a capital loss to an earlier NOL carryback.The following rules apply.
tax year, refigure your tax for that year. If your corrected tax
?If a corporation carries back the NOL, it can use
is less than the tax you originally owed, use either Form
either Form 1120X or Form 1139. A corporation can 1139, Corporate Application for Tentative Refund, or Form
get a refund faster by using Form 1139. It cannot file 1120X, Amended U.S. Corporation Income Tax Return, to
Form 1139 before filing the return for the corpora-apply for a refund.
tion’s NOL year, but it must file Form 1139 no later Form 1139. A corporation can get a refund faster by than 1 year after the year it sustains the NOL. using Form 1139. It cannot file Form 1139 before filing the?If the corporation does not file Form 1139, it must file return for the corporation’s capital loss year, but it must file Form 1120X within 3 years of the due date, plus Form 1139 no later than 1 year after the year it sustains the extensions, for filing the return for the year in which it capital loss.sustains the NOL.
Form 1120X.If the corporation does not file Form 1139,?A personal service corporation may not carryback an it must file Form 1120X to apply for a refund. The corpora-NOL to or from any tax year in which a section 444 tion must file the Form 1120X within 3 years of the due election to have a tax year other than a required tax date, including extensions, for filing the return for the year year applies.
in which it sustains the capital loss.
NOL carryforward.If a corporation carries forward its Net Operating Losses
NOL, it enters the carryover on Schedule K, Form 1120,
line 12. It also enters the deduction for the carryover (but A corporation generally figures and deducts a net operat-
not more than the corporation’s taxable income after spe-ing loss (NOL) the same way an individual, estate, or trust
cial deductions) on line 29(a) of Form 1120, or the applica-does. The same 2-year carryback and up to 20-year car-
ble line of the corporation’s income tax return. ryforward periods apply, and the same sequence applies
when the corporation carries two or more NOLs to the Carryback expected.If a corporation expects to have an same year. For more information on these general rules,NOL in its current year, it can automatically extend the time see Publication 536, Net Operating Losses (NOLs) for for paying all or part of its income tax for the immediately Individuals, Estates, and Trusts.preceding year. It does this by filing Form 1138, Extension
A corporation’s NOL generally differs from individual,of Time for Payment of Taxes by a Corporation Expecting estate, and trust NOLs in the following ways. a Net Operating Loss Carryback. It must explain on the
form why it expects the loss.
1.A corporation can take different deductions when fig-
The payment of tax that may be postponed cannot uring an NOL.
exceed the expected overpayment from the carryback of 2.A corporation must make different modifications to its the NOL.
taxable income in the carryback or carryforward year
Period of extension.The extension is in effect until the when figuring how much of the NOL is used and how
end of the month in which the return for the NOL year is much is carried over to the next year.
due (including extensions).
3.A corporation uses different forms when claiming an If the corporation files Form 1139 before this date, the
NOL deduction.extension will continue until the date the IRS notifies the
corporation that its Form 1139 is allowed or disallowed in 1.Stock owned, directly or indirectly, by or for a corpo-whole or in part.ration, partnership, estate, or trust is considered
owned proportionately by its shareholders, partners,
or beneficiaries.
Figuring the NOL Carryover
2.An individual is considered to own the stock owned, If the NOL available for a carryback or carryforward year is directly or indirectly, by or for his or her family. Fam-greater than the taxable income for that year, the corpora-ily includes only brothers and sisters (including half tion must modify its taxable income to figure how much of brothers and half sisters), a spouse, ancestors, and the NOL it will use up in that year and how much it can lineal descendants.
carry over to the next tax year.
3.If a person holds an option to buy stock, he or she is
Its carryover is the excess of the available NOL over its
considered to be the owner of that stock.
modified taxable income for the carryback or carryforward
year. 4.When applying (1) or (2), above, stock considered
owned by a person under (1) or (3), above, is treated Modified taxable income.A corporation figures its modi-
as actually owned by that person. Stock considered fied taxable income the same way it figures its taxable
owned by an individual under (2), is not treated as income, with the following exceptions.
owned by the individual for again applying (2), to ?It can deduct NOLs only from years before the NOL consider another the owner of that stock.
year whose carryover is being figured.
5.Stock that may be considered owned by an individual ?The corporation must figure its deduction for charita-under either (2) or (3), above, is considered owned ble contributions without considering any NOL car-by the individual under (3).
rybacks.
More information.For more information on the at-risk The modified taxable income for any year cannot be less
limits, see Publication 925, Passive Activity and At-Risk than zero.
Rules.
Modified taxable income is used only to figure how
much of an NOL the corporation uses up in the carryback
or carryforward year and how much it carries to the next Passive Activity Limits
year. It is not used to fill out the corporation’s tax return or
figure its tax.The passive activity rules generally limit your losses from
passive activities to your passive activity income. Gener-Ownership change.A loss corporation (one with cumula-ally, you are in a passive activity if you have a trade or tive losses) that has an ownership change is limited on the business activity in which you do not materially participate taxable income it can offset by NOL carryforwards arising during the tax year, or you have a rental activity.
before the date of the ownership change. This limit applies
The passive activity rules apply to personal service to any year ending after the change of ownership.
corporations and closely held corporations other than S See sections 381 through 384, and 269 of the Internal
corporations.
Revenue Code and the related regulations for more infor-
Corporations subject to the passive activity limitations mation about the limits on corporate NOL carryovers and
must complete Form 8810, Corporate Passive Activity corporate ownership changes.
Loss and Credit Limitations. For more information on the
passive activity limits, see the Instructions for Form 8810 At-Risk Limits
and Publication 925.
The at-risk rules limit your losses from most activities to
your amount at risk in the activity. The at-risk limits apply to
certain closely held corporations (other than S corpora-Figuring Tax
tions).
The amount at risk generally equals:After you figure a corporation’s taxable income, you figure
its tax. This section discusses the tax rates, credits, recap-?The money and the adjusted basis of property con-
ture taxes, and alternative minimum tax.
tributed by the taxpayer to the activity, and
?The money borrowed for the activity.Tax Rate Schedule
Most corporations figure their tax by using the following tax Closely held corporation.For the at-risk rules, a corpo-
rate schedule. An exception to that rule applies to qualified ration is a closely held corporation if, at any time during the
personal service corporations. Other exceptions are dis-last half of the tax year, more than 50% in value of its
cussed in the instructions for Form 1120, Schedule J. If the outstanding stock is owned directly or indirectly by, or for,
corporation is a member of a controlled group, the corpora-five or fewer individuals.
tion must also complete Schedule O (Form 1120), Consent To figure if more than 50% in value of the stock is owned
Plan and Apportionment Schedule for a Controlled Group. by five or fewer individuals, apply the following rules.
Tax Rate Schedule 1.It was treated as a small corporation exempt from the
AMT for all prior tax years beginning after 1997, and If taxable income (line 30, Form 1120) is:
2.Its average annual gross receipts for the 3-tax-year
Of the amount
period (or portion thereof during which the corpora-Over—But not over—Tax is:over—
tion was in existence) ending before its current tax $050,00015%-0-
year did not exceed $7.5 million ($5 million for the 50,00075,000$ 7,500 + 25%$50,000
corporation’s first 3-tax-year period).
75,000100,00013,750 + 34%75,000
100,000335,00022,250 + 39%100,000Form https://www.360docs.net/doc/267869372.html,e Form 4626, Alternative Minimum Tax –335,00010,000,000113,900 + 34%335,000
Corporations, to figure the tentative minimum tax of a 10,000,00015,000,0003,400,000 + 35%10,000,000
15,000,00018,333,3335,150,000 + 38%15,000,000corporation that is not a small corporation for AMT pur-18,333,333—35%-0-poses. For more information, see the Instructions for Form
4626.
Qualified personal service corporation.A qualified per-Credits
sonal service corporation is taxed at a flat rate of 35% on
taxable income. A corporation is a qualified personal serv-
ice corporation if it meets both of the following tests. A corporation’s tax liability is reduced by allowable credits.
The following list includes some of the credits available to 1.Substantially all the corporation’s activities involve corporations.
the performance of personal services (as defined
?Foreign tax credit (see Form 1118).
earlier under Personal services).
?Any qualified electric vehicle passive activity credit 2.At least 95% of the corporation’s stock, by value, is
from prior years allowed for the current year. See owned, directly or indirectly, by any of the following.
Form 8910, Corporate Passive Activity Loss and
a.Employees performing the personal services.Credit Limitations (for corporations) to see if a credit
is allowed for the current year.
b.Retired employees who had performed the per-
sonal services.?General business credit.
c.An estate of the employee or retiree described See Form 3800 for a list of allowable business credits
above.and other special rules. General business credits are
treated as used on a first-in, first-out basis by offset-
d.Any person who acquired the stock of the corpo-
ting the earliest-earned credits first. Therefore, the ration as a result of the death of an employee or
order in which the credits are used in any tax year is retiree (but only for the 2-year period beginning on
as follows.
the date of the employee’s or retiree’s death).
1. Carryforwards to that year, the earliest ones first;
2.The general business credit earned in that year; Alternative Minimum
and
Tax (AMT)
3.The carryback to that year.
The tax laws give special treatment to some types of Note. To carryback an unused credit, the corporation income and allow special deductions and credits for some must file an amended return (Form 1120X, or other types of expenses. These laws enable some corporations amended return) for the prior year, or an application for with substantial economic income to significantly reduce tentative refund (Form 1139).
their regular tax. The corporate alternative minimum tax
?Credit for prior year minimum tax (see Form 8827). (AMT) targets these corporations and attempts to ensure
that they pay at least a minimum amount of tax on their?Bond credits (see Form 8912).
economic income. A corporation (other than a small corpo-
ration exempt from the AMT, as discussed below) owes A corporation is also allowed certain refundable credits AMT if its tentative minimum tax is more than its regular such as the credit for federal tax on fuels used for certain tax.nontaxable purposes (Form 4136). See the instructions for
the corporation’s income tax return for a list of other re-The tentative minimum tax of a small corporation
fundable credits that may be allowed for the current tax TIP
is zero. This means that a small corporation will
year.
not owe AMT.
Small corporation exemption.A corporation is Recapture Taxes
treated as a small corporation exempt from the AMT for its
current tax year if that year is the corporation’s first tax year A corporation’s tax liability is increased if it recaptures in existence (regardless of its gross receipts for the year)credits it has taken in prior years. The following list in-or:cludes some credits a corporation may need to recapture.
?Investment credit (see the Instructions for Form
expand the business generally qualify as a bona fide use of 4255).
the accumulations.
The fact that a corporation has an unreasonable ac-?Low-income housing credit (see the Instructions for
cumulation of earnings is sufficient to establish liability for Form 8611).the accumulated earnings tax unless the corporation can ?New markets credit (see the Instructions for Form show the earnings were not accumulated to allow its indi-8874).
vidual shareholders to avoid income tax.
?Employer-provided childcare facilities and services
credit (see the Instructions for Form 8882).Distributions to Shareholders
?Indian employment credit (see the Instructions for Form 8845).
This section discusses corporate distributions of money,?Qualified plug-in electric and electric vehicle credit
stock, or other property to a shareholder with respect to the (see the Instructions for Form 8834).
shareholder’s ownership of stock. However, this section does not discuss the special rules that apply to the follow-See the credits listed in the Instructions to Form 3800 for ing distributions. See the applicable sections of the Internal additional credits which may be subject to recapture.
Revenue Code.
?Distributions in redemption of stock — section 302.?Distributions in complete liquidation of the corpora-Accumulated Earnings Tax
tion — sections 331 through 346.
A corporation can accumulate its earnings for a possible ?Distributions in corporate organizations — section
expansion or other bona fide business reasons. However,351. Also see Property Exchanged for Stock, earlier.
if a corporation allows earnings to accumulate beyond the ?Distributions in corporate reorganizations — section reasonable needs of the business, it may be subject to an 354 through 368.
accumulated earnings tax of 15%. If the accumulated earn-ings tax applies, interest applies to the tax from the date ?Certain distributions to 20% corporate shareholders
the corporate return was originally due, without exten-— section 301(e).
sions.
To determine if the corporation is subject to this tax, first Money or Property Distributions
treat an accumulation of $250,000 or less generally as within the reasonable needs of most businesses. Treat an Most distributions are in money, but they may also be in accumulation of $150,000 or less as within the reasonable stock or other property. For this purpose, “property” gener-needs of a business whose principal function is performing ally does not include stock in the corporation or rights to services in the fields of accounting, actuarial science, ar-acquire this stock. However, see Distributions of Stock or chitecture, consulting, engineering, health (including veter-Stock Rights , later.
inary services), law, and the performing arts.
A corporation generally does not recognize a gain or In determining if the corporation has accumulated earn-loss on the distributions covered by the rules in this sec-ings and profits beyond its reasonable needs, value the tion. However, see Gain from property distributions, below.listed and readily marketable securities owned by the cor-poration and purchased with its earnings and profits at net Amount distributed.The amount of a distribution is gen-liquidation value, not at cost.
erally the amount of any money paid to the shareholder Reasonable needs of the business include the follow-plus the fair market value (FMV) of any property trans-ing.
ferred to the shareholder. However, this amount is reduced ?Specific, definite, and feasible plans for use of the
(but not below zero) by the following liabilities.
earnings accumulation in the business.
?Any liability of the corporation the shareholder as-?The amount necessary to redeem the corporation’s
sumes in connection with the distribution.
stock included in a deceased shareholder’s gross ?Any liability to which the property is subject immedi-estate, if the amount does not exceed the reasona-ately before, and immediately after, the distribution.bly anticipated total estate and inheritance taxes and The FMV of any property distributed to a shareholder funeral and administration expenses incurred by the becomes the shareholder’s basis in that property.shareholder’s estate.
The absence of a bona fide business reason for a corpo-Gain from property distributions.A corporation will rec-ration’s accumulated earnings may be indicated by many ognize a gain on the distribution of property to a share-different circumstances, such as a lack of regular distribu-holder if the FMV of the property is more than its adjusted tions to its shareholders or withdrawals by the sharehold-basis. This is generally the same treatment the corporation ers classified as personal loans. However, actual moves to would receive if the property were sold. However, for this
purpose, the FMV of the property is the greater of the and any other transaction having a similar effect on a following amounts.shareholder’s interest in the corporation.
?The actual FMV.
Expenses of issuing a stock dividend.You cannot de-duct the expenses of issuing a stock dividend. These ?The amount of any liabilities the shareholder as-
expenses include printing, postage, cost of advice sheets,sumed in connection with the distribution of the prop-fees paid to transfer agents, and fees for listing on stock erty.
exchanges. The corporation must capitalize these costs.
If the property was depreciable or amortizable, the cor-Constructive Distributions
poration may have to treat all or part of the gain as ordinary income from depreciation recapture. For more information The following sections discuss transactions that may be on depreciation recapture and the sale of business prop-treated as distributions.
erty, see Publication 544.
Below-market loans.If a corporation gives a shareholder a loan on which no interest is charged or on which interest Distributions of Stock is charged at a rate below the applicable federal rate, the or Stock Rights
interest not charged may be treated as a distribution to the shareholder. For more information, see Below-Market Distributions by a corporation of its own stock are com-Loans earlier.
monly known as stock dividends. Stock rights (also known as “stock options”) are distributions by a corporation of Corporation cancels shareholder’s debt.If a corpora-rights to acquire its stock. Distributions of stock dividends tion cancels a shareholder’s debt without repayment by the and stock rights are generally tax-free to shareholders.shareholder, the amount canceled is treated as a distribu-However, if any of the following apply to their distribution,tion to the shareholder.
stock and stock rights are treated as property, as dis-Transfers of property to shareholders for less than cussed under Money or Property Distributions .FMV.A sale or exchange of property by a corporation to a shareholder may be treated as a distribution to the share-1.Any shareholder has the choice to receive cash or holder. For a shareholder who is not a corporation, if the other property instead of stock or stock rights.FMV of the property on the date of the sale or exchange 2.The distribution gives cash or other property to some exceeds the price paid by the shareholder, the excess may shareholders and an increase in the percentage in-be treated as a distribution to the shareholder.
terest in the corporation’s assets or earnings and profits to other shareholders.Unreasonable rents.If a corporation rents property from a shareholder and the rent is unreasonably more than the 3.The distribution is in convertible preferred stock and shareholder would charge to a stranger for use of the same has the same result as in (2).property, the excessive part of the rent may be treated as a 4.The distribution gives preferred stock to some com-distribution to the shareholder. For more information, see mon stock shareholders and gives common stock to Unreasonable rent, in chapter 3 of Publication 535.other common stock shareholders.Unreasonable salaries.If a corporation pays an em-5.The distribution is on preferred stock. (An increase in ployee who is also a shareholder a salary that is unreason-the conversion ratio of convertible preferred stock ably high considering the services actually performed by made solely to take into account a stock dividend,the shareholder-employee, the excessive part of the salary stock split, or similar event that would otherwise re-may be treated as a distribution to the share-sult in reducing the conversion right is not a distribu-holder-employee.
tion on preferred stock.)Reporting Dividends and Other The term “stock” includes rights to acquire stock and the term “shareholder” includes a holder of rights or converti-Distributions
ble securities.
A corporate distribution to a shareholder is generally Constructive stock distributions.You must treat cer-treated as a distribution of earnings and profits. Any part of tain transactions that increase a shareholder’s proportion- a distribution from either current or accumulated earnings ate interest in the earnings and profits or assets of a and profits is reported to the shareholder as a dividend.corporation as if they were distributions of stock or stock Any part of a distribution that is not from earnings and rights. These constructive distributions are treated as profits is applied against and reduces the adjusted basis of property if they have the same result as a distribution the stock in the hands of the shareholder. To the extent the described in (2), (3), (4), or (5) of the above discussion.balance is more than the adjusted basis of the stock, the Constructive distributions are described later.
shareholder has a gain (usually a capital gain) from the This treatment applies to a change in your stock’s con-sale or exchange of property.
version ratio or redemption price, a difference between For information on shareholder reporting of corporate your stock’s redemption price and issue price, a redemp-distributions, see Publication 550, Investment Income and tion that is not treated as a sale or exchange of your stock,Expenses.
Form 1099-DIV.File Form 1099-DIV, Dividends and Dis-28 (March 31 if filing electronically). The corporation does tributions, with the IRS for each shareholder to whom you not deduct these dividends on its income tax return. have paid dividends and other distributions on stock of $10
or more during a calendar year. You must generally send Accumulated earnings and profits.If a corporation’s Forms 1099-DIV to the IRS with Form 1096, Annual Sum-current year earnings and profits (figured as of the close of mary and Transmittal of U.S. Information Returns, by Feb-the year without reduction for any distributions made dur-ruary 28 (March 31 if filing electronically) of the year ing the year) are less than the total distributions made following the year of the distribution. For more information,during the year, part or all of each distribution is treated as see the General instructions for Certain Information Re- a distribution of accumulated earnings and profits. Accu-turns (Forms 1097, 1098, 1099, 3921, 3922, 5498, and mulated earnings and profits are earnings and profits the W-2G).corporation accumulated before the current year.
Generally, you must furnish Forms 1099-DIV to share-If the total amount of distributions is less than current holders by January 31 of the year following the close of the year earnings and profits, see Current year earnings and calendar year during which the corporation made the distri-profits, above.
butions. However, you may furnish the Form 1099-DIV to
Used with current year earnings and profits.If the shareholders after November 30 of the year of the distribu-
corporation has current year earnings and profits, figure tions if the corporation has made its final distributions for
the use of accumulated and current earnings and profits as the year. You may furnish the Form 1099-DIV to share-
follows.
holders anytime after April 30 of the year of the distribu-
tions if you give the Form 1099-DIV with the final
1.Divide the current year earnings and profits by the distributions for the calendar year.
total distributions made during the year.
Backup withholding.Dividends may be subject to
2.Multiply each distribution by the percentage figured backup withholding. For more information on backup with-
in (1) to get the amount treated as a distribution of holding, see the general instructions for Forms 1098, 1099,
current year earnings and profits.
5498, and W-2G.
3.Start with the first distribution and treat the part of Form 5452.File Form 5452, Corporate Report of Nondivi-
each distribution greater than the allocated current dend Distributions, if nondividend distributions were made
year earnings and profits figured in (2) as a distribu-to shareholders.
tion of accumulated earnings and profits.
A calendar tax year corporation must file Form 5452
with its income tax return for the tax year in which the 4.If accumulated earnings and profits are reduced to nondividend distributions were made. A fiscal tax year zero, the remaining part of each distribution is ap-corporation must file Form 5452 with its income tax return plied against and reduces the adjusted basis of the due for the first fiscal year ending after the calendar year in stock in the hands of the shareholders. To the extent which the nondividend distributions were made.that the balance is more than the adjusted basis of
the stock, it is treated as a gain from the sale or Current year earnings and profits.If a corporation’s
exchange of property.
earnings and profits for the year (figured as of the close of
the year without reduction for any distributions made dur-
ing the year) are more than the total amount of distributions Example.You are the only shareholder of a corporation made during the year, all distributions made during the that uses the calendar year as its tax year. In January, you year are treated as distributions of current year earnings use the worksheet in the Form 5452 instructions to figure and profits. If the total amount of distributions is more than your corporation’s current year earnings and profits for the the earnings and profits for the year, see Accumulated previous year. At the beginning of the year, the corpora-earnings and profits, below.tion’s accumulated earnings and profits balance was
$20,000. During the year, the corporation made four Example.You are the only shareholder of a corporation$4,000 distributions to you ($4,000 × 4 = $16,000). At the that uses the calendar year as its tax year. In January, you end of the year (before subtracting distributions made use the worksheet in the Form 5452 instructions to figure during the year), the corporation had $10,000 of current your corporation’s current year earnings and profits for the year earnings and profits.
previous year. During the year, the corporation made four
Since the corporation’s current year earnings and profits $1,000 distributions to you. At the end of the year (before
($10,000) were less than the distributions it made during subtracting distributions made during the year), the corpo-
the year ($16,000), part of each distribution is treated as a ration had $10,000 of current year earnings and profits.
distribution of accumulated earnings and profits. Treat the Since the corporation’s current year earnings and profits
distributions as follows.
($10,000) were more than the amount of the distributions it
made during the year ($4,000), all of the distributions are 1.Divide the current year earnings and profits
treated as distributions of current year earnings and profits.($10,000) by the total amount of distributions made The corporation must issue a Form 1099-DIV to you by during the year ($16,000). The result is .625. January 31 to report the $4,000 distributed to you during
2.Multiply each $4,000 distribution by the .625 figured the previous year as dividends. The corporation must use
in (1) to get the amount ($2,500) of each distribution Form 1096 to report this information to the IRS by February
美国税收政策
美国税收制度 美国是我国“走出去”企业主要投资目的地国家之一，因其优越的经济环境、领先的技术水平及包括税收优惠政策在内的政府优惠政策而受到我国投资者的青睐。为帮助“走出去”企业了解美国税制、做好投资前后的税收因素分析和税收风险控制，掌握税收争议解决的有效途径，深圳地税局“走出去”税收沙龙以“投资美国税务风险控制”为主题进行了专题讨论。 一、美国税制简况 美国实行由联邦、州和地方分别立法及征管，联邦以所得税、州和地方以销售税和财产税为主体的税收制度。联邦税包括所得税、预提所得税、雇佣税、贸易及海关税收；州和地方税包括所得税、特许（权）税、销售和使用税、财产税。 美国的所得税分为公司收入所得税及个人收入所得税。 公司联邦收入所得税采用累进税率制，实行15%至38%的累进税率，在计算公司联邦收入所得税时，净营业损失与资本利得损失分别计算，净营业损失可向前追溯2个纳税年
度向后结转20个纳税年度、净资本利得损失可向前追溯3个纳税年度向后结转5个纳税年度。 个人收入所得税是联邦政府税收主要来源，个人收入所得税的缴付方式包括夫妻联合报税、夫妻分别报税、以家庭户主形式报税和单身个人保税四种，采取累进税率制。雇佣税主要包括社会保险、医疗保险及联邦失业保险税和州政府失业税。 当美国公司或自然人向非美国人（包括非美国公司、非美国合伙企业和非美国自然人）支付来源于美国的服务费、利息、股息、租金、特许权使用费、养老金及其他与业务无关的报酬时要代扣代缴美国联邦税负，即缴纳报酬总额30%的预提所得税，在符合中美税收协定的条件下可享受协定议定的实际税率。 美国各州有权自行制定税收制度，可根据所在州立法机构制定的有关法律和经济发展水平等设立不同的税种和相关税率，因此美国各州的税收制度比联邦税收制度更加多样化。在计算联邦所得税时，州和地方的所得税可以进行扣除，有些州如内华达州、南达科他州、怀俄明州等免征州公司收入所得税，各州为扩大就业水平、引导投资方向均推出针对公司实体的投资鼓励政策，鼓励和欢迎无污染或较少污染、投资金额大、科技含量高、能提供就业带动经济发展的公司投资，给予相应的税收优惠。
2011年最新个人所得税税率表
2011年最新个人所得税税率表(新个税起征点3500税率表.. 1。本表所列含税级距与不含税级距，均为按照税法规定减除有关费用后的所得额；2。含税级距适用于由纳税人负担税款的工资、薪金所得；不含税级距适用于由他人(单位)代付税款的工资、薪金所得。2、个体工商户，企业等适用税率表二 1、工资、薪金所得适用的税率表 税率表一
费用后的所得额； 2。含税级距适用于由纳税人负担税款的工资、薪金所得；不含税级距适用于由他人(单位)代付税款的工资、薪金所得。 2、个体工商户，企业等适用税率表二 税率表二 (个体工商户的生产、经营所得和对企事业单位的承包经营、承租经营 税年度的收入总额减除成本、费用以及损失后的所得额； 2。含税级距适用于个体工商户的生产、经营所得和由纳税人负担税款的对企事业单位的承包经营、承租经营所得；不含税级距适用于由他人(单位)代付税款的对企事业单位的承包经营、承租经营所得。 延伸阅读》》 国家税务总局关于贯彻执行修改后的个人所得税法有关问题的公告《全国人民代表大会常务委员会关于修改〈中华人民共和国个人所得税法〉的决定》（中华人民共和国主席令第四十八号）（以下简称税法）将自2011年9月1日起施行。根据税法修改的相应条款，现就贯彻执行的有关具体问题公告如下： 一、工资、薪金所得项目减除费用标准和税率的适用问题 （一）纳税人2011年9月1日（含）以后实际取得的工资、薪金所得，应适用税法修改后的减除费用标准和税率表（见附件一），计算缴纳个人所得税。
（二）纳税人2011年9月1日前实际取得的工资、薪金所得，无论税款是否在2011年9月1日以后入库，均应适用税法修改前的减除费用标准和税率表，计算缴纳个人所得税。 二、个体工商户的生产、经营所得项目应纳税额的计算问题 个体工商户、个人独资企业和合伙企业的投资者（合伙人）2011年9月1日（含）以后的生产经营所得，应适用税法修改后的减除费用标准和税率表（见附件二）。按照税收法律、法规和文件规定，先计算全年应纳税所得额，再计算全年应纳税额。其2011年度应纳税额的计算方法如下： 前8个月应纳税额=（全年应纳税所得额×税法修改前的对应税率-速算扣除数）×8/12 后4个月应纳税额=（全年应纳税所得额×税法修改后的对应税率-速算扣除数）×4/12 全年应纳税额=前8个月应纳税额+后4个月应纳税额 纳税人应在年度终了后的3个月内，按照上述方法计算2011年度应纳税额，进行汇算清缴。 三、对企事业单位的承包经营、承租经营所得应纳税额的计算比照本公告第二条规定执行。 四、本公告自2011年9月1日起执行。《国家税务总局关于印发〈征收个人所得税若干问题的规定〉的通知》（国税发〔1994〕089号）所 附“税率表一”和“税率表二”同时废止。
1120-F表——外国公司美国所得税申报
For Privacy Act and Paperwork Reduction Act Notice, see instructions. Cat. No. 11470I Form1120-F(2007)
in the United States—Do not report items properly withheld and reported on Form 1042-S. See instructions. Include below only income from U.S. sources that is not effectively connected with the conduct of a trade or business in the United States. Do not report items properly withheld and reported on Form 1042-S. Report only items that (a) are not correctly withheld at source or (b) are not correctly reported on Form 1042-S. The rate of tax on each item of gross income listed below is 30% (4% for the gross transportation tax) or such lower rate specified by tax treaty. No deductions are allowed against these types of income. Enter treaty rates where applicable. If the corporation is claiming a lower treaty rate, also complete Item V above. If multiple treaty rates apply to a type of income (e.g., subsidiary and portfolio dividends or dividends received by disregarded entities), attach a schedule showing the amounts, tax rates, and withholding for each. Form 1120-F (2007) 13 Is the corporation fiscally transparent under the laws of the foreign jurisdiction with respect to any item of income listed above? Yes No If “Yes,” attach a schedule that provides the information requested above with respect to each such item of income.
美国所得税会计“备抵计价”帐户探析
美国所得税会计“备抵计价”帐户探析 在美国所得税会计中，为了体现谨慎性原则，允许企业可以设置“备抵计价”帐户，用以核算递延所得税资产中由于某些不确定因素而可能给企业造成不能实现的收益，避免企业由此而可能产生的损失。尽管我国目前尚无类似的规定，但其相应合理的内容值得学习和借鉴。本文对此进行简单介绍，并作必要探析。 可抵扣暂时性差异与“备抵计价”帐户 我们都知道，由于税法和会计准则对所得的相关条款的不一致，使得应税利润和会计利润往往会产生差异，这些差异分为暂时性差异和永久性差异两大类。在暂时性差异中，若应税利润小于会计利润，称之为应税暂时性差异；若应税利润大于会计利润，则称为可抵扣暂时性差异，相当于确认了一笔递延所得税资产。假设甲公司1997年度按照会计准则核算出的会计利润为$1，000，000，但按照税法规定，应税利润为$1，100，000，所得税税率为30％，则会计分录为： 借：所得税费用300，000 递延所得税资产30，000 贷：应交所得税330，000
企业在确认了递延所得税资产后，如果有信息表明，这项递延资产在以后期限内“多半可能（More;likely;than;not）”不能得到抵扣，那么企业应设置“备抵计价”帐户核算由此而可能给企业带来的税收损失。 “备抵计价”帐户在资产负债表中作为“递延所得税资产”项目的减项列示。在核算时往往与“所得税费用”作为一对对应帐户而同时出现。仍按上例，假设甲公司1998年6月底通过仔细研究相关信息，认为上述递延所得税资产中约有1／3的数额“多半可能”不能实现，于是作如下分录： 借：所得税费用10，000 贷：备抵计价（递延所得税资产）10，000 这样在资产负债表上，该企业列示的净递延所得税资产即为$20$000（递延所得税资产$30，000一备抵计价$10，000）。 “备抵计价”帐户在每个会计年度年末都要进行相应的调整，以反映当时有关递延所得税资产可实现情况。仍援用上例，假设甲公司到第二年（即1998年）年末有新的信息表明只有1／4数额“多半可能”
2016年最新个人所得税税率表
2016年最新个人所得税税率表(新个税起征点3500税率表) 1、工资、薪金所得适用的税率表 税率表一
注：1。本表所列含税级距与不含税级距，均为按照税法规定减除有关费用后的所得额； 2。含税级距适用于由纳税人负担税款的工资、薪金所得；不含税级距适用于由他人(单位)代付税款的工资、薪金所得。2、个体工商户，企业等适用税率表二 税率表二 (个体工商户的生产、经营所得和对企事业单位的承包经营、承租经营所得适用) 注：1。本表所列含税级距与不含税级距，均为按照税法规定以每一纳税年度的收入总额减除成本、费用以及损失后的所得额；2。含税级距适用于个体工商户的生产、经营所得和由纳税人负担税款的对企事业单位的承包经营、承租经营所得；不含税级距适用于由他人(单位)代付税款的对企事业单位的承包经营、承租经营所得。 1、个人所得税计算方法（公式）：
其应缴个人所得税=（工薪收入-个人缴纳的四险一金金额-个人所得税扣除额3500）*税率-速算扣除数 下面举例说明： 某员工10月份工资为16000元，个人缴纳的四险一金金额为3 680元 应纳税所得额=16000-3680-3500=8820 应缴个人所得税=8820*20%-555=1209 2、国家税务总局关于贯彻执行修改后的个人所得税法有关问题的公告 《全国人民代表大会常务委员会关于修改〈中华人民共和国个人所得税法〉的决定》（中华人民共和国主席令第四十八号）（以下简称税法）将自2011年9月1日起施行。根据税法修改的相应条款，现就贯彻执行的有关具体问题公告如下： 一、工资、薪金所得项目减除费用标准和税率的适用问题（一）纳税人2011年9月1日（含）以后实际取得的工资、薪金所得，应适用税法修改后的减除费用标准和税率表（见附件一），计算缴纳个人所得税。 （二）纳税人2011年9月1日前实际取得的工资、薪金所得，无论税款是否在2011年9月1日以后入库，均应适用税法修改前的减除费用标准和税率表，计算缴纳个人所得税。 二、个体工商户的生产、经营所得项目应纳税额的计算问题
美国公司所得税
Department of the Treasury Contents Internal Revenue Service Introduction (2) Businesses Taxed as Corporations (2) Publication542 Property Exchanged for Stock (3) (Rev. March 2012) Capital Contributions (5) Cat.No.15072O Corporations Penalties (6) Filing and Paying Income Taxes (5) Income Tax Return (5) Estimated Tax (6) U.S. Real Property Interest (8) Accounting Methods (8) Accounting Periods (9) Recordkeeping (9) Income, Deductions, Special Provisions (9) Costs of Going Into Business (9) Related Persons (9) Income From Qualifying Shipping Activities (10) Election to Expense Qualified Refinery Property (10) Deduction to Comply With EPA Sulfur Regulations (10) Energy-Efficient Commercial Building Property Deduction (10) Corporate Preference Items (11) Dividends-Received Deduction (11) Extraordinary Dividends (12) Below-Market Loans (12) Charitable Contributions (13) Capital Losses (14) Net Operating Losses (15) At-Risk Limits (16) Passive Activity Limits (16) Figuring Tax (16) Tax Rate Schedule (16) Alternative Minimum Tax (AMT) (17) Credits (17) Recapture Taxes (17) Accumulated Earnings Tax (18) Distributions to Shareholders (18) Money or Property Distributions (18) Distributions of Stock or Stock Rights (19) Constructive Distributions (19) Reporting Dividends and Other Distributions (19) Get forms and other information How To Get Tax Help (21) faster and easier by: Internet https://www.360docs.net/doc/267869372.html, Other Useful Forms (24) Index (28)
美国个人所得税税率一览--ShareAmerica
美国个人所得税税率一览--ShareAmerica
美国个人所得税税率一览ShareAmerica 每年4月15日是美国人报税截止日，今年因为恰逢复活节周末，因此延长到4月18日。交税是民众应守的法律义务，由于美国的税法相当复杂，因此填写税表就成为许多人的“负担”，根据国税局（IRS）的统计，2016年美国人报税填表平均花费13个小时及210美元。对于美国人的税率我们有位读者有兴趣，问道：“听说美国的个税蛮高的，是真的吗？”这个问题看似简单，其实回答起来还颇费口舌。 根据现有的税法规定，2016年美国的联邦个人收入所得税（个税）的税率最低是10%，最高是39.6%。从最高税率来看，在发达国家中美国是比较低的，以G7国家为例：个税最高的是法国，最低的是加拿大。以下是G7国家个税最高税率： 法国：59.6% 德国：57% 日本：55.95% 英国：50%
413351—415050美元，税率35% 415050美元以上，税率39.6% 夫妻合报（也可以分开报税，但税率不一样） 0—18550美元，税率10% 18551—75300美元，税率15% 75301—151900美元，税率25% 151901—231450美元，税率28% 231451—413350美元，税率33% 413351—466950美元，税率35% 466950美元以上，税率39.6% 美国的个税税率采取的是大部分国家通用的累进税制，以夫妻合并报税为例，家庭年收入在18550美元以下的，税率为10%；收入在18551美元到75300美元之间的，税率15%。需要指出的是，收入在18551美元以上的家庭，并非所有收
中国与美国所得税会计比较
中国与美国所得税会计比较 所得税会计是研究处理会计收益和应益差异的会计理论和方法，是会计学科的一个分支。所得税会计诞生于西方的会计学领域，并经长期研究和实践已发展得较为成熟。美国随着《FASB说明书第96号》的发表，所得税会计已比较规范和完善，而我国所得税会计则还处于起步发展阶段。本文通过对中美所得税会计的比较，以期对理解和规范我国所得税会计有所帮助。一、所得税会计核算内容的对比 （一）对会计收益与应税收益差异原因的对比 会计收益是指根据财务会计准则的规定，通过财务会计的程序确认的、在扣减当期所得税费用之前的收益；应税收益是根据国家税法及其实施细则的规定计算确定的收益。显然，会计收益的计算过程严格地受财务报告须采用的会计程序和方法的限制；而应税收益的计算则受国家税法的约束。对于它们两者产生的具体原因，《国际会计准则12——所得税会计》分为水久性差异和时间性差异两种，我国采用《国际会计准则》的分法，也分为永久性差异和时间性差异。美国Nikolail和Bazley合著的《中级会计》把会计收益和应税收益差异的原因分为5种：即永久性差异、暂时性差异、营业亏损抵回与抵后、税收减免及期间所得税分配。但美国协会下设的会计原则委员会于1967年公布的第11号意见书——“所得税会计”，把由于会计准则和税收法规的不同而造成的会计收益与应税收益之间发生的、在以后能转回的差异，称为“时间性差异”。美国财务会计标准委员会于1987
年公布的替代第11号意见书的《FASB说明书第96号——所得税会计》，则把“时间性差异”这个词扩展为“暂时性差异”。综上所述，可以看出，两国对会计收益和应税收益差异原因的分析实质上是一致的，只是论述的详略程度和表达方式不同而已，都认为永久性差异和时间性差异（或暂时性差异）是造成会计收益与应税收益存在差异的两大基本原因。 （二）两国关于永久性差异和时间性差异（或暂时性差异）内容的对比 尽管我国在1993年7月1日实施新的《企业会计准则》以及1994年1月1日起施行《企业所得税会计处理的暂行规定》使我国所得税会计处理开始与国际会计惯例“接轨”，但目前还不规范，且我国是采纳国际会计惯例的，而美国属于英美法系，美国所得税会计处理的规定与国际会计惯例也有一定的差别，因此，永久性差异、时间性差异（或暂时性差异）所包含的内容也不尽相同，下面分别予以论述： 1.永久性差异的对比 永久性差异是指由于企业一定时期的应纳税所得与税前会计利润因计算口径不同而产生的差异，这种差异在本期发生后，不能在以后各会计期间转回。美国把永久性差异分为三种基本类型：（1）有些收入在财务报告上确认为收入，但不要求纳税。如市政债券利息、公司因投保职工死亡而取得的人寿保险所得。（2）有些费用在财务报告上确认为费用，但税法则不允许扣除。如商誉的摊销、高级职员的人寿保险费。（3）有些项目税法规定允许扣除，但按一般公认会计原则
美国个人所得税部分总结!!!
Chapter 5 Itemized Deductions Medical Expenses Over 7.5%AGI is deductable Weight-loss program (unless prescribed by doctor) × Diet food × Marriage counseling × Cosmetic surgery (除非先天问题或者事故) × Medical insurance premium（保险费）√ Long-term care insurance(根据年龄到一定数额) √ Life insurance If paid out to a beneficiary in lump sum-----not included as income If receive monthly, the additional interest received above the lump sum is taxable Transportation 16.5 cents per mile (out-of-pocket expense, gas oil) Parking& toll fees √ Lodging $50 per person per night (up to 2 people) TAX Taxes are generally deductible, fees are not deductible Fees (postage, fishing licenses, dog tags) Personal property tax-----car Gasoline taxes × Excise taxes × Income Taxes VS. Sales Taxes(no income taxes or low income taxes) Deductions = state and local taxes withheld from wages + Any amounts actually paid during the year 如果去年用的是standard deduction, 今年收到的refund 不用加到income Sales taxes---a.实际交的的消费税 b.IRS table+车，船，飞机的销售税 Property Special assessments charged to provide local benefit to property owners are not deductible-----建人行道等 Service fees(garbage fees, homeowner association fees) × Personal property taxes Levied Based on value of the property Interest The interests on loans for personal purposes are not deductible (Bank charge card interest,
APEC国家和地区公司所得税优惠政策比较研究(一)
APEC国家和地区公司所得税优惠政策比较研究(一) 一、APEC国家和地区公司所得税优惠政策比较 根据APEC21个成员国家和地区公司所得税实行的所得税优惠政策分析，归纳起来可具体分为以下几类： （一）灵活多样的投资优惠政策 公司所得税鼓励投资的优惠形式有减免税、投资抵免、加速折旧、提取投资准备金和亏损结转等。 1.减免税。采取减免税这种直接优惠形式的有日本、韩国、台湾地区、新加坡、泰国、马来西亚、菲律宾等国家和地区。这些国家除极少数是发达国家外，几乎都是亚太发展中国家，其多数经济相对落后，采取直接受益、见效快、透明度高的减免税形式，目的在于更有效地刺激投资，加快经济发展的步伐。实行减免税的国家和地区在减免范围、条件、期限等方面则有所不同。就范围看，有的凡属新办的企业均可享受减免税，有的则有所限定，如俄罗斯限定为小型生产企业；就条件看，大部分规定必须经政府批准，并有特定的要求：或属于技术先进，或属于首创性，或属于为该国经济发展需要的，如台湾地区、新加坡、泰国、马来西亚，有的对受雇工人数额作出限制，如俄罗斯；就期限看，一般国家免税期为5年，长的也有规定8～10年的；有的国家规定免税期结束以后，符合条件的再规定一定延长期，如马来西亚免税5年，延长免税期可达5年；有的国家规定弹性免税期，每个企业免税期视该企业的情况而定，如泰国规定为3～8年；有的国家分
首创企业和一般企业分别确定免税期，如菲律宾；有的国家并不采取定期减免税方式而采取其他方式，如日本的“自然增收减税”，即政府从年度超过财政预算增收的税收中拿出20％左右用于以所得税为主的减税。 2.投资抵扣。实行这种优惠政策的国家和地区有马来西亚、美国、加拿大、澳大利亚、韩国、日本、文莱、巴布亚新几内亚、台湾等国家和地区。也就是说发达国家和发展中国家均使用这种形式，但投资抵扣的范围、条件和比重各有所不同。澳大利亚规定的范围是新机器设备，台湾地区规定的范围是购置的新自动化设备及防污设备，美国限定用于开采、生产、运输和供应能源的资本支出，加拿大限定用于制造、加工和其他特定活动的资本支出，马来西亚限定于工厂机器设备的资本支出，日本对能源设备、自动机械及数控机械分别实行投资抵扣，投资抵扣的比例一般规定在15％～20％之间，较高的达30～40％，较低的在10％以下。 3.提取投资准备金。韩国规定允许提取投资准备金，所提金额允许在规定时期从应纳税所得额中扣除。 4.加速折旧。（1）对加班使用的机器设备实行加速折旧。韩国规定每天使用超过12小时的，按标准折旧加提20％的折旧。（2）对新机器设备、新房屋实行第一年加速折旧。新加坡规定新机器设备加速折旧的比例为10％。（3）对特定项目或行业实行加速折旧。日本对特定项目准许按折旧的一定比例加提折旧，加提折旧最高比例55％；韩国规定对出
美国会计准则中文版-收入、存货、所得税
1-1. 会计定义概述 只有当收入实现时或者收入可以实现并能取得相关利益时才能予以确认。一般情况下，只有当以下条件同时得到满足时才可确认收入：(SAB No. 101 & 104): 1.有说服力的证据表明销售约定存在； 2.货物已经交付或者劳务已经提供； 3.卖方向买方提供的商品价格是固定的或者是可以确定的； 4.可以合理确信能够收到货款。 有些收入约定包含有多个销售商品或提供服务的活动。 在一般情况下，企业应该在交易完成时确认收入，并根据可能收不回来的金额按适当比例计提坏帐准备。但若买方拥有退回货物的权利时，卖方只能按照一定的标准确认销售收入。 供应商可能会偶尔地或持续地给予其顾客各种各样的优惠（促销），诸如：折扣、礼券、回扣、"免费"的产品或服务等（紧急问题工作组01－9《卖方给予买方回报的会计处理》）。顾客可以是直接的，也可以是间接的。例如，供应商销售货物给分销商，分销商再将该货物销售给零售商。紧急问题工作组01－9还涵盖了制造商给零售商或分销商的顾客促销奖励，诸如：折扣、礼券、回扣、"免费"的产品或服务以及各项其他安排如展位费、协作广告等。 当销售退回权利存在时的收入确认 当顾客有销售退回权时，卖方应该按估计的退回金额减少收入和销售成本的确认，并且要相应预提销售退回所产生的成本和费用。企业可能允许顾客在销售以后的某一段时间内通过退货而取得退款、信贷、调换产品等。在这种情况下，商品的所有权实质上并未转移给买方，因此，销售并没有完成，收入一般也就不能确认。当然，当以下条件同时满足时，即使存在销售退回，企业也可以在销售时便确认收入： 1.卖方给买方的销售价格在销售发生时实质上是固定的或者是可确定的； 2.买方已经支付了货款或者有义务支付货款给卖方，且该义务并不取决于买方是否将所买 商品重新卖出； 3.买方支付价款给卖方的义务不会因货物被盗、损失或者毁损而改变； 4.交易对于买方具有实质性经济意义（而非是卖方出于确认销售收入的目的而发生的形式 上的交易）； 5.卖方没有任何义务帮助买方将货物重新卖出； 6.退货的金额可以被可靠的估计。(财务会计准则公告第48号, par. 6)。 有些情况下，商品的法定所有权须在所有的货款都已支付后方能转移给买方。但有时为了保障卖方对于商品的利益，交易双方会在合同中约定卖方可在买方全部付清货款之前确认销售收入。在这种情况下，卖方保留所有权的时间应该是能够保障其利益的最短期限。
外籍个人所得税有关问题与答案整理
外籍个人所得税有关问题与答案整理 问题一：外籍在华人员如何缴纳个人所得税？ 答案： 纳税义务的确定外籍在华人员是否负有纳税义务，取决于其在中国境内是否有住所，居住时间多久。若在中国境内有住所，根据《个人所得税法》（以下简称税法）第一条规定，其境内、境外所得均需纳税。 若在中国境内无住所，则视其在中国境内居住时间而定。 1、居住时间在一年以下的，根据税法第一条规定，仅就其境内所得纳税。境外所得可以不纳税。其中又分两种情况：居住时间在90天以下（或在税收协定规定的期间居住183天以下）。根据个人所得税法实施条例（以下简称实施条例）第七条规定，其境内所得，由境外雇主支付并且不由该雇主在中国境内的机构、场所负担的部分免予纳税。工资薪金所得适用《关于在中国境内无住所的个人取得工资薪金所得纳税义务问题的通知》（国税发[1994]148号）第二条规定，仅就其实际在中国境内工作期间由境内企业、机构或个人支付或负担的部分申报纳税。但若境内企业、机构属于采取核定利润方法计征企业所得税或没有营业收入而不征收企业所得税的，则个人境内工作期间的工资薪金均应视为境内支付。 2、居住时间在90天以上（或在税收协定规定的期间居住183天以上）。根据国税发[1994]148号文件第三条规定，其实际在中国境内工作期间取得的境内、境外工资薪金所得应申报纳税，其在境外工作期间取得的工资薪金所得，除境内企业董事、高层管理人员（公司正、副总经理、各职能总师、总监及其他类似公司管理层的职务）外，不纳税。 3、居住时间在一年以上的，按税法第一条规定，居住满一年即应就其境内、境外所得纳税。这又分两种情况：居住时间在一年以上但不满五年的，根据实施条例第六条规定，经主管税务机关批准，其境外所得可以只就由中国境内公司、企业以及其他经济组织或者个人支付的部分缴纳个人所得税。工资薪金所得适用国税发[1994]148号第四条规定：其在中国境内工作期间的境内、境外工资薪金均应纳税；临时离境工作期间的工资薪金所得，仅就由境内企业或个人雇主支付的部分申报纳税，但若该境内企业、机构属于采取核定利润方法计征企业所得税或没有营业收入而不征收企业所得税的，则个人工资薪金不论在境内企业、机构会计账簿中有否记载，均应视为境内支付。 4、居住时间超过五年的，从第六年起，就其境内、境外全部所得缴纳个人所得税。 时间的计算居住时间：根据《关于在中国境内无住所的个人执行税收协定和个人所得税法若干问题的通知》（国税发[2004]097号）第一条规定，境内无住所的个人以实际在华逗留天数为居住天数。入境、离境、往返或多次往返境内外的当日，均按一天计算其在华实际逗留天数。按实施细则规定，判定是否居住满一年时，临时离境（一年中一次离境不超过30日或多次离境累计不超过90日）不扣减居住日数。 工作期限：根据《关于在中国境内无住所的个人计算缴纳个人所得税若干具体问题的通知》（国税函[1995]125号）规定，在中国境内企业、机构中任职（包括兼职）、受雇的个人，其实际在中国境内工作期间，应包括在中国境内工作期间在境内、外享受的公休假日、个人休假日以及接受培训
2016年美国企业所得税制度
2016年美国企业所得税制度,美国的税收政策 美国的税收制度 美国自独立以来，经过两百多年的发展，已形成了一套较为完善的税制体系及税务管理体系，对正处于税制改革和征管改革攻坚时期的我国，有很多有益的借鉴和启示。 税收制度 美国联邦和州共开征80多个税种，实行以所得税为主体的复合税制。在美国联邦财政收入中，个人所得税约占35%，社会保障税约占30%，公司所得税占7%左右，其他税占7%左右，非税收入占20%左右。 一、个人所得税。 美国征收联邦个人所得税，除阿拉斯加等7州外的各州还征收州个人所得税。 (1)美国个人所得税征收遵循属人原则，凡美国公民，均就其来自美国国内外的所有收入纳税;非美国公民的外国人，只就其来自美国国内的收入纳税。 (2)课税范围主要包括：雇员的工资、薪金、退休金;独资或合伙经营取得的商业利润;利息、股息、租金、特许权使用费、资本利得、农业收入及其他收入。 (3)联邦个人所得税实行15%-39.6%的五档税率。非居住的外国人在美国取
得的与工商业活动直接有关的所得，比照美国公民适用的累进税率纳税;取得与工商业活动无直接关系的所得，除税收条约另有规定外，按30%的比例税率纳税。州个人所得税税率一般为1%至11%。 (4)应纳税所得额为纯所得减去减免项目后的余额，纯所得为调整毛所得减去扣除项目后的余额，调整毛所得为总所得减去不予计列项目和经营费用后的余额。总所得中不予计列项目有：资本利得的半数，州和地方政府公债的利息，雇主提供的医药费，教师的讲学金，失业救济金，慈善机构赠予的救济款，亲友馈赠的礼金，战争负伤抚恤费，债务支出、债权收入等。从调整毛所得中可以扣除的项目，分为标准扣除和分项扣除，标准扣除是对单身或夫妻联合申报分别核定一个普遍性的减免额;分项扣除的项目包括州与地方政府的税款、抵押借款、医药费、给慈善机构的捐款、幼儿保育支出、工会会费、意外事故损失、与工商业有关的直接费用支出等。从纯所得中可以减免的项目，包括纳税人个人及其配偶等家庭成员每人每年可享受的3000美元左右的免税额。为鼓励购房，个人购房支出也可在税前扣除。 (5)个人所得税采取先按季预缴，再按年申报清缴和部分预扣两种方式。即：职业固定的雇员，其工薪收入的应纳税款由雇主预扣代缴，年终由纳税人申报结算;纳税人的其他收入，按季自报缴纳，年终结算;资本利得税在出售股票、财产取得收入时课征，年终不再申报;外国人在美国按总额单一税率所纳税款在取得收入时预扣，年终不再申报。 二、公司所得税 (1)美国采取登记注册标准，将公司所得税纳税人区分为美国公司和外国公司。即：凡根据各州法律成立并向州政府注册的公司，不论设在国内国外、其股权归谁，都是美国公司;凡根据外国法律成立并向外国政府注册的公司，不论其设在何处、股权归谁，都是外国公司。
国外认证机构的认证费是否纳企业所得税.doc
某公司因客户要求，需要取得国外认证机构的认证。现国外认证机构对该公司认证有两种方法：一、由认证公司派其员工来我公司进行认证，认证费汇往国外；二、认证公司聘请国内公司代为认证，认证费一部分付给国内公司，一部付给国外认证公司。认证公司所在国与我国是税收缔约国，每年认证时间约一到两个星期。1、该认证费应视为特许权使用费还是专业性劳务费或是其他？2、如按前述方法进行认证，该公司向国外认证机构支付款项时应当代为扣缴税款吗？ 1、根据外商投资企业和外国企业所得税法及其实施细则，相关税收协定以及其他相关税法之规定，特许权使用费是指外国企业提供在中国境内使用的专利权、商标权、著作权、非专利技术以及其他特许权的使用权而向中国境内企业收取的费用；而贵司要求国外认证机构对贵司产品进行质量等认证，系由外国公司通过其专业技能、经验、知识、技术、设备以及国际性专业资质等条件，为你公司提供认证劳务的行为，虽然该认证机构可能最终会出具某认证合格或者其品级的证书，并由贵司据此作为向客户证明产品品质等方面的依据使用。但该证书是外国公司提供劳务之后得出的一个结论性意见或者授予的一个资格，由此向贵司收取的费用，是其提供认证劳务的报酬，而并非授权贵司使用某具有商标权或者著作权性质的特许权利而收取的费用。 因此，我们认为，该认证费应作为提供劳务而向外国公司支付的报酬，而非向外国公司支付的特许权使用费。 2、根据《中华人民共和国外商投资企业和外国企业所得税
法》第一条“在中华人民共和国境内，外国企业生产、经营所得和其他所得，依照本法的规定缴纳所得税”，第三条“外商投资企业的总机构设在中国境内，就于中国境内、境外的所得缴纳所得税。外国企业就于中国境内的所得缴纳所得税”，以及《中华人民共和国外商投资企业和外国企业所得税法实施细则》第六条“税法第三条所说于中国境内的所得，是指：（二）外国企业在中国境内未设立机构、场所取得的下列所得：1.从中国境内企业取得的利润（股息）；2.从中国境内取得的存款或者贷款利息、债券利息、垫付款或者延期付款利息等；3.将财产租给中国境内租用者而取得的租金；4.提供在中国境内使用的专利权、专有技术、商标权、著作权等而取得的使用费；5.转让在中国境内的房屋、建筑物及其附属设施、土地使用权等财产而取得的收益；6.经财政部确定征税的从中国境内取得的其他所得”之规定，未在中国境内设立机构、场所的外国企业，但在境内提供劳务等活动并取得所得的，该所得应当缴纳预提所得税。因此，国外认证机构无论采取方法一或者采取方法二向贵司提供认证服务，贵司向其支付的所得，均构成于中国境内的所得，并应当由支付所得的单位代为扣缴所得税。 当然，根据该认证机构所在国的不同，以及该所在国与我国是否签订有税收协定以及签订之税收协定的相关约定，予以判定该外国企业来华提供劳务是否构成常设机构，如果已构成常设机构的，则应当在中国境内缴纳外商投资企业和外国企业所得税，而非缴纳预提所得税。如果不构成常设机构的，则应当按照前述规定扣缴预提所得税。 1
最新个人所得税税率表及计算公式
个人所得税税率表及计算公式 2016年个人所得税税率表 一、工资、薪金个人所得， 7级超额累进税率表，税率为3%--45%（专职）(个税免征额3500元) l 应纳税额T=(工资薪金所得 -“五险一金”-免征额)×适用税率-速算扣除数 l 半年奖金法T=(工资薪金所得+半年奖金-“五险一金”-免征额)×适用税率-速算扣除数 l 一年奖金法T=(工资薪金所得 -“五险一金”-免征额)×适用税率-速算扣除数+12个月奖金（年终奖摊每月=年终奖金额÷12月×适用税率-速算扣除数）（当工资低于3500时，应从奖金里抵足免征额后再计算） 工资、薪金所得个人所得税税率表 级数收入范围含税级距 税 率(%)计算公式 速算 扣除数1不超过1500元的3 T=(A-3500)*3%- 00 2 超过1500元至4,500元的 部分 1 T=(A-3500)*10% -105105 3 超过4,500元至9,000元的 部分 2 T=(A-3500)*20% -555555 4 超过9,000元至35,000元 的部分 2 5 T=(A-3500)*25% -10051,005 5 超过35,000元至55,000 元的部分 3 T=(A-3500)*30% -27752755 6 超过55,000元至80,000 元的部分 3 5 T=(A-3500)*35% -55055,505 7超过80,000元的部分 4 5 T=(A-3500)*45% -1350513,505 个体工商户的生产、经营所得和对企事业单位的 承包经营、承租经营所得个人所得税税率表
二、个体（生产经营）、企事业单位（承包经营）所得，适用的5%---35%的超额累进税率表。 以每一纳税年度的收入总额，减除成本、费用以及损失后的余额，为应纳税所得额。 l 应纳税所得额A=全年收入总额–成本、费用以及损失 l 应纳税额T=应纳税所得额A×税率-速算扣除数 l 每次收入不超过4000元的，减除费用800元；其余额为应纳税所得额。 应纳税所得额A=全年收入总额–800费用 应纳税额T=应纳税所得额A×税率-速算扣除数 每次收入超过4000元的，减除20%的费用，其余额为应纳税所得额。 级数收入范围含税级距 税 率(%)计算公式 速算 扣除数1不超过15000元的5T=A*5%-00 2 超过15000元至30000元 的部分 1 0T=A*10%-750750 3 超过30000元至60000元 的部分 2 0T=A*20%-37593750 4 超过60000元至100000 元的部分 3 0T=A*30%-97509750 超过100000元的部分 3 5T=A*35%-1475014750 劳动报酬所得个人年所得税税率表 级数收入范围含税级距 税 率(%)计算公式 速算 扣除数1 不超过 4000不超过20000元的 2 00超过4000不超过20000元的 2 00 2 超过20000元至50000元 的部分 3 02000 3超过50000元的部分 4 07000
2016年最新个人所得税税率表及计算公式
2016年最新个人所得税税率表及计算公式 2015-08-16 19:41 来源：个税计算器浏览：4644次 l 应纳税额T=(工资薪金所得-“五险一金”-免征额)×适用税率-速算扣除数 l 半年奖金法T=(工资薪金所得+半年奖金-“五险一金”-免征额)×适用税率-速算扣除数 l 一年奖金法T=(工资薪金所得-“五险一金”-免征额)×适用税率-速算扣除数+12个月奖金（年终奖摊每月=年终奖金额÷12月×适用税率-速算扣除数）（当工资低于3500时，应从奖金里抵足免征额后再计算）
二、个体（生产经营）、企事业单位（承包经营）所得，适用的5%---35%的超额累进税率表。 以每一纳税年度的收入总额，减除成本、费用以及损失后的余额，为应纳税所得额。 l 应纳税所得额A=全年收入总额–成本、费用以及损失 l 应纳税额T=应纳税所得额A×税率-速算扣除数
l 每次收入不超过4000元的，减除费用800元；其余额为应纳税所得额。 应纳税所得额A=全年收入总额–800费用 应纳税额T=应纳税所得额A×税率-速算扣除数 每次收入超过4000元的，减除20%的费用，其余额为应纳税所得额。 每次收入不超过4000元的，减除费用800元；其余额为应纳税所得额。 应纳税所得额A=全年收入总额–800费用 应纳税额T=应纳税所得额A×税率-（1-30%）减征额 每次收入超过4000元的，减除 20%的费用，其余额为应纳税所得额。
l 每次收入不超过4000元的，减除费用800元；其余额为应纳税所得额。 应纳税额T=应纳税所得额A（全年收入总额–800费用）×税率 每次收入超过4000元的，减除20%的费用，其余额为应纳税所得额应纳税额T=应纳税所得额A〈全年收入总额*（1-20%）费用〉×税率
美国公司税收现状
美国税收现状： 美国现行税务管理体制与联邦制相适应，由联邦、州和地方三级构成，各级政府都有独立的课税权和固定的收入来源。美国联邦和州共开征80多个税种，实行以所得税为主体的复合税制。联邦政府主要征收个人所得税、公司所得税、社会保障税、国内消费税、关税、遗产与赠予税，其中个人所得税和公司所得税为其主要收入来源。州政府主要征收销售税、州个人所得税、州公司所得税、州消费税等，销售税为其主要收入来源。地方政府则主要征收财产税、地方销售税、地方个人所得税等，其中财产税为其主要收入来源。 在税收收入总额中，联邦税收收入占60％左右，州和地方占40％左右。加利福尼亚州是美国人口最多、经济最发达的州之一，其征管制度在各州中颇具代表性。加州开征的税种主要有销售税、州个人所得税、州公司所得税、财产税等。加州现行的税务管理体制中，有三个部门负责税收征管，即特许税务局、物税局和就业发展局。加州特许税务局主要负责征收个人所得税和公司所得税以及一些非税项目的征收。加州物税局开征销售税、使用税和特殊商品税。加州的销售税和使用税税率为6％，销售税是对销售有形物体给消费者个人使用的行为征收，不包括批发和服务行业，也不包括无形资产和不动产。使用税对销售税课税对象以外的商品进行课征。加州就业发展局负责征收、审计社会保障税。 个人所得税。美国征收联邦个人所得税，除阿拉斯加等7州外的各州还征收州个人所得税。 （1）美国个人所得税征收遵循属人原则，凡美国公民，均就其来自美国国内外的所有收入纳税；非美国公民的外国人，只就其来自美国国内的收入纳税。 （2）课税范围主要包括：雇员的工资、薪金、退休金；独资或合伙经营取得的商业利润；利息、股息、租金、特许权使用费、资本利得、农业收入及其他收入。 （3）联邦个人所得税实行15%-39.6%的五档税率。非居住的外国人在美国取得的与工商业活动直接有关的所得，比照美国公民适用的累进税率纳税；取得与工商业活动无直接关系的所得，除税收条约另有规定外，按30%的比例税率纳税。州个人所得税税率一般为1%至11%。 （4）应纳税所得额为纯所得减去减免项目后的余额，纯所得为调整毛所得减去扣除项目后的余额，调整毛所得为总所得减去不予计列项目和经营费用后的余额。总所得中不予计列项目有：资本利得的半数，州和地方政府公债的利息，雇主提供的医药费，教师的讲学金，失业救济金，慈善机构赠予的救济款，亲友馈赠的礼金，战争负伤抚恤费，债务支出、债权收入等。从调整毛所得中可以扣除的项目，分为标准扣除和分项扣除，标准扣除是对单身或夫妻联合申报分别核定一个普遍性的减免额；分项扣除的项目包括州与地方政府的税款、抵押借款、医药费、给慈善机构的捐款、幼儿保育支出、工会会费、意外事故损失、与工商业有关的直接费用支出等。从纯所得中可以减免的项目，包括纳税人个人及其配偶等家庭成员每人每年可享受的3000美元左右的免税额。为鼓励购房，个人购房支出也可在税前扣除。 （5）个人所得税采取先按季预缴，再按年申报清缴和部分预扣两种方式。即：职业固定的雇员，其工薪收入的应纳税款由雇主预扣代缴，年终由纳税人申报结算；纳税人的其他收入，按季自报缴纳，年终结算；资本利得税在出售股票、财产取得收入时课征，年终不再申报；外国人在美国按总额单一税率所纳税款在取得收入时预扣，年终不再申报。 公司所得税 （1）美国采取登记注册标准，将公司所得税纳税人区分为美国公司和外国公司。即：凡根据各州法律成立并向州政府注册的公司，不论设在国内国外、其股权归谁，都是美国公司；凡根据外国法律成立并向外国政府注册的公司，不论其设在何处、股权归谁，都是外国公司。 （2）课税对象：美国公司来源于国内外的收入和外国公司来源于美国境内的收入。 （3）应税所得额为收入减去可扣除费用后的余额。联邦公司所得税的可扣除费用主要包