General Instructions

Purpose of Form

Use Form 1118 to compute a corporation's foreign tax credit for certain taxes paid or accrued to foreign countries or U.S. possessions. See Taxes Eligible for a Credit, later.

Who Must File

Any corporation that elects the benefits of the foreign tax credit under section 901 must complete and attach Form 1118 to its income tax return.

When to Make the Election

The election to claim the foreign tax credit (or a deduction in lieu of a credit) for any tax year may be made or changed at any time before the end of a special 10-year period described in section 6511(d)(3) (or section 6511(c) if the period is extended by agreement).

Computer-Generated Form 1118

The corporation may submit a computer-generated Form 1118 and schedules if they conform to the IRS version. However, if a software program is used, it must be approved by the IRS for use in filing substitute forms. This ensures the proper placement of each item appearing on the IRS version. For more information, see Pub. 1167, General Rules and Specifications for Substitute Forms and Schedules.

How To Complete Form 1118

Important.

Complete a separate Schedule A; Schedule B, Parts I & II; Schedules C through G; Schedule I; and Schedule K for each applicable separate category of income. See Categories of Income later. Complete Schedule B, Part III; Schedule H; and Schedule J only once.

  • Use Schedule A to compute the corporation's income or loss before adjustments for each applicable category of income.

  • Use Schedule B to determine the total foreign tax credit after certain limitations.

  • Use Schedule C to compute taxes deemed paid by the domestic corporation filing the return.

  • Use Schedules D and E to compute taxes deemed paid by lower-tier foreign corporations.

  • Use Schedule F to report gross income and definitely allocable deductions from foreign branches.

  • Use Schedule G to report required reductions of tax paid, accrued, or deemed paid.

  • Use Schedule H to apportion deductions that cannot be definitely allocated to some item or class of income.

  • Use Schedule I (a separate schedule) to compute reductions of taxes paid, accrued, or deemed paid on foreign oil and gas extraction income.

  • Use Schedule J (a separate schedule) to compute adjustments to separate limitation income or losses in determining the numerators of limitation fractions, year-end recharacterization balances, and overall foreign and domestic loss account balances.

  • Use Schedule K (a separate schedule) to reconcile the corporation's prior year foreign tax carryover with its current year foreign tax carryover.

Categories of Income

Compute a separate foreign tax credit for each applicable separate category described below.

Passive Category Income

Passive category income includes passive income and specified passive category income.

Passive income.   Generally, passive income is:
  • Any income received or accrued that would be foreign personal holding company income (defined in section 954(c)) if the corporation were a controlled foreign corporation (CFC) (defined in section 957). This includes any gain on the sale or exchange of stock that is more than the amount treated as a dividend under section 1248. However, in determining if any income would be foreign personal holding company income, the rules of section 864(d)(6) will apply only for income of a CFC.

  • Any amount includible in gross income under section 1293 (which relates to certain passive foreign investment companies).

  Passive income does not include:
  • Any financial services income that is general category income (see General Category Income, later),

  • Any export financing interest unless it is also related person factoring income (see section 904(d)(2)(G) and Regulations section 1.904-4(h)(3)),

  • Any high-taxed income (see General Category Income and the instructions for Schedule A, later), or

  • Any active rents or royalties. See Regulations section 1.904-4(b)(2)(iii) for definitions and exceptions.

Note.

Certain income received from a CFC and certain dividends from a 10/50 corporation that would otherwise be passive income may be assigned to another separate category under the look-through rules. See Look-Through Rules, later.

Specified passive category income.   This term includes:
  • Dividends from a DISC or former DISC (as defined in section 992(a)) to the extent such dividends are treated as foreign source income, and

  • Distributions from a former FSC out of earnings and profits attributable to foreign trade income or interest or carrying charges (as defined in section 927(d)(1), before its repeal) derived from a transaction which results in foreign trade income (as defined in section 932(b), before its repeal).

Section 901(j) Income

No credit is allowed for foreign taxes imposed by and paid or accrued to certain sanctioned countries. However, income derived from each such country is subject to a separate foreign tax credit limitation. Therefore, the corporation must use a separate Form 1118 for income derived from each such country. On each Form 1118, check the box for section 901(j) income at the top of page 1 and identify the applicable country in the space provided.

Sanctioned countries are those designated by the Secretary of State as countries that repeatedly provide support for acts of international terrorism, countries with which the United States does not have diplomatic relations, or countries whose governments are not recognized by the United States. As of the date these instructions were revised, section 901(j) applied to income derived from Cuba, Iran, North Korea, Sudan, and Syria. For more information, see section 901(j).

Note.

The President of the United States has the authority to waive the application of section 901(j) with respect to a foreign country if it is (a) in the national interest of the United States and will expand trade and investment opportunities for U.S. companies in such foreign country and (b) the President reports to the Congress, not less than 30 days before the waiver is granted, the intention to grant such a waiver and the reason for such waiver.

Note.

Effective December 10, 2004, the President waived the application of section 901(j) with respect to Libya.

If the corporation paid taxes to a country that ceased to be a sanctioned country during the tax year, see Rev. Rul. 92-62, 1992-2 C.B. 193, for details on how to figure the foreign tax credit for the period that begins after the end of the sanctioned period.

Income Re-sourced by Treaty

If a sourcing rule in an applicable income tax treaty treats any U.S. source income as foreign source, and the corporation elects to apply the treaty, the income will be treated as foreign source.

Important.

The corporation must compute a separate foreign tax credit limitation for any such income for which it claims benefits under a treaty, using a separate Form 1118 for each amount of re-sourced income from a treaty country. On each Form 1118, check the box for income re-sourced by treaty at the top of page 1 and identify the applicable country in the space provided. See sections 865(h), 904(d)(6), and 904(h)(10) and the regulations under those sections (including Regulations section 1.904-5(m)(7)) for any grouping rules and exceptions.

General Category Income

This category includes all income not described above. This includes high-taxed income that would otherwise be passive category income. Usually, income is high-taxed if the total foreign income taxes paid, accrued, or deemed paid by the corporation for that income exceed the highest rate of tax specified in section 11 (and with reference to section 15, if applicable), multiplied by the amount of such income (including the amount treated as a dividend under section 78). For more information, see Regulations section 1.904-4(c). Also see the instructions for Schedule A, later, for additional reporting requirements.

This category also includes financial services income (defined below) if the corporation is a member of a financial services group (as defined in section 904(d)(2)(C)(ii)) or is predominantly engaged in the active conduct of a banking, insurance, financing, or similar business.

Financial services income.   Financial services income is income received or accrued by a member of a financial services group or any corporation predominantly engaged in the active conduct of a banking, insurance, financing, or similar business, if the income is:
  • Described in section 904(d)(2)(D)(ii),

  • Passive income (determined without regard to section 904(d)(2)(B)(iii)(II)), or

  • Incidental income described in Regulations section 1.904-4(e)(4).

Special Rules

Source Rules for Income

Determine income or (loss) for each separate category on Schedule A using the general source rules of sections 861 through 865 and related regulations; the special source rules of section 904(h) described below; and any applicable source rules contained in any applicable tax treaties.

Special source rules of section 904(h).   Usually, the following income from a U.S.-owned foreign corporation, otherwise treated as foreign source income, must be treated as U.S. source income under section 904(h):
  • Any subpart F income, foreign personal holding company income, or income from a qualified electing fund that a U.S. shareholder is required to include in its gross income, if such amount is attributable to the U.S.-owned foreign corporation's U.S. source income;

  • Interest that is properly allocable to the U.S.-owned foreign corporation's U.S. source income; and

  • Dividends equal to the U.S. source ratio (defined in section 904(h)(4)(B)).

  The rules regarding interest and dividends described above do not apply to a U.S.-owned foreign corporation if less than 10% of its E&P for the tax year is from U.S. sources.

Amounts That Do NotConstitute Income UnderU.S. Tax Principles

For tax years beginning after December 31, 2006, creditable foreign taxes that are imposed on amounts that do not constitute income under U.S. tax principles are treated as imposed on general category income. See section 904(d)(2)(H).

Look-Through Rules

CFCs.   Generally, dividends, interest, rents, and royalties received or accrued by the taxpayer are passive category income. However, if these items are received or accrued by a 10% U.S. shareholder from a CFC, they may be assigned to other separate categories under the look-through rules of section 904(d)(3). This includes:
  • Interest, rents, and royalties based on the amount allocable to E&P of the CFC in a separate category and

  • Dividends paid out of the E&P of a CFC in proportion to the ratio of the CFC's E&P in a separate category to its total E&P. Dividends include any amount included in gross income under section 951(a)(1)(B).

  Look-through rules also apply to subpart F inclusions under section 951(a)(1)(A) to the extent attributable to E&P of the CFC in a separate category.

  For more information and examples, see section 904(d)(3) and Regulations section 1.904-5.

10/50 corporations.   Generally, dividends received or accrued by the taxpayer are passive category income. However, dividends received or accrued from a 10/50 corporation may be assigned to other separate categories under the look-through rules of section 904(d)(4). A 10/50 corporation is any foreign corporation in which the taxpayer (domestic corporation) meets the stock ownership requirements of section 902. See Regulations section 1.904-5(c)(4)(iii).

Certain amounts paid by a U.S. corporation to a related corporation.   Look-through rules also apply to foreign source interest, rents, and royalties paid by a U.S. corporation to a related corporation. See Regulations section 1.904-5(g).

Other Rules

Certain transfers of intangible property.   See section 367(d)(2)(C) for a rule that clarifies the treatment of certain transfers of intangible property.

Reporting Foreign Tax Information From Partnerships

If you received a Schedule K-1 from a partnership that includes foreign tax information, use the rules below to report that information on Form 1118.

Gross income sourced at partner level.   This includes income from the sale of most personal property other than inventory, depreciable property, and certain intangible property sourced under section 865. This gross income will generally be U.S.-source and therefore will not be reported on Form 1118.

  The remaining lines of the foreign tax section of the Schedule K-1 are reported on Form 1118 as follows:

Foreign gross income sourced at partnership level.   Report on Schedule A.

Deductions allocated and apportioned at partner level and partnership level.   Report on Schedule A or Schedule H.

Total foreign taxes paid or accrued.   Report on Schedule B.

Reduction in taxes available for credit.   Report on Schedule G.

Capital Gains

Foreign source taxable income or (loss) before adjustments in all separate categories in the aggregate should include gain from the sale or exchange of capital assets only up to the amount of foreign source capital gain net income (which is the smaller of capital gain net income from sources outside the United States or capital gain net income). Therefore, if the corporation has capital gain net income from sources outside the United States in excess of the capital gain net income reported on its tax return, enter a pro rata portion of the net U.S. source capital loss as a negative number on Schedule A, column 9(d) for each separate category with capital gain net income from sources outside the United States. To figure the pro rata portion of the net U.S. source capital loss attributable to a separate category, multiply the net U.S. source capital loss by the amount of capital gain net income from sources outside the United States in the separate category divided by the aggregate amount of capital gain net income from sources outside the United States in all separate categories with capital gain net income from sources outside the United States.

See section 904(b)(2)(B) for special rules regarding adjustments to account for capital gain rate differentials (as defined in section 904(b)(3)(D)) for any tax year. At the time these instructions went to print, there was no capital gain rate differential for corporations.

Credit Limitations

Taxes Eligible for a Credit

Domestic corporations.   Generally, a domestic corporation may claim a foreign tax credit (subject to the limitation of section 904) for the following taxes:
  • Income, war profits, and excess profits taxes (defined in Regulations section 1.901-2(a)) paid or accrued during the tax year to any foreign country or U.S. possession;

  • Taxes deemed paid under sections 902 and 960; and

  • Taxes paid in lieu of income taxes as described in section 903 and Regulations section 1.903-1.

  Some foreign taxes that are otherwise eligible for the foreign tax credit must be reduced. These reductions are reported on Schedule G.

Note.

A corporation may not claim a foreign tax credit for foreign taxes paid to a foreign country that the corporation does not legally owe, including amounts eligible for refund by the foreign country. If the corporation does not exercise its available remedies to reduce the amount of foreign tax to what it legally owes, a credit is not allowed for the excess amount.

Foreign corporations.   Foreign corporations are allowed (under section 906) a foreign tax credit for income, war profits, and excess profits taxes paid or accrued (or deemed paid under section 902) to any foreign country or U.S. possession for income effectively connected with the conduct of a trade or business within the United States. The credit is not applicable, however, if a foreign country or U.S. possession imposes the tax on income from U.S. sources solely because the foreign corporation was created or organized under the law of the foreign country or U.S. possession or is domiciled there for tax purposes.

  The credit may not be taken against any tax imposed on income not effectively connected with a U.S. business.

  In computing the foreign tax credit limitation, the foreign corporation's taxable income includes only the taxable income that is effectively connected with the conduct of a trade or business within the United States.

  A foreign corporation claiming a foreign tax credit will be treated as a domestic corporation in computing tax deemed paid (section 902(a)) and dividend gross-up (section 78).

Definition of foreign corporation for purposes of the deemed paid credit.

In computing the deemed paid credit on Schedules C, D, and E, the term “foreign corporation” includes:

  • A DISC or former DISC, but only for dividends from the DISC or former DISC that are treated as income from sources outside the United States and

  • A contiguous country life insurance branch that has made an election to be treated as a foreign corporation under section 814(g).

Credit or Deduction

A corporation may choose to take either a credit or a deduction for eligible foreign taxes paid or accrued. The choice is made annually. Generally, if a corporation elects the benefits of the foreign tax credit for any tax year, no portion of the foreign taxes will be allowed as a deduction in that year or any subsequent tax year.

Exceptions.    However, a corporation that elects the credit for eligible foreign taxes may be allowed a deduction for certain taxes for which a credit was not allowed. These include:
  • Taxes for which the credit was denied because of the boycott provisions of section 908.

  • Certain taxes on the purchase or sale of oil or gas (section 901(f)).

  • Certain taxes used to provide subsidies (section 901(i)).

  • Taxes paid to certain foreign countries for which a credit was denied under section 901(j).

  • Certain taxes paid on dividends if the minimum holding period is not met with respect to the underlying stock, or if the corporation is obligated to make related payments with respect to positions in similar or related property (section 901(k)).

  • Certain taxes paid on gain and income other than dividends if the minimum holding period is not met with respect to the underlying property, or if the corporation is obligated to make related payments with respect to positions in similar or related property (see section 901(l)).

  • In the case of a covered asset acquisition (as defined in section 901(m)(2)), the disqualified portion of any tax determined with respect to the income or gain attributable to the relevant foreign assets (section 901(m)). Note. This rule generally applies to covered asset acquisitions after December 31, 2010.

No Credit or Deduction

No foreign tax credit (or deduction) is allowed for certain taxes including:

  • Taxes on mineral income that were reduced under section 901(e).

  • Certain taxes paid on distributions from possessions corporations (section 901(g)).

  • Taxes on combined foreign oil and gas income that were reduced under section 907(a).

  • Taxes attributable to income excluded under section 814(a) (relating to contiguous country branches of domestic life insurance companies).

  • Taxes paid or accrued to a foreign country or U.S. possession with respect to income excluded from gross income on Form 8873, Extraterritorial Income Exclusion. However, see section 943(d) for an exception for certain withholding taxes.

Carryback and Carryforward of Excess Foreign Taxes

If the allowable foreign taxes paid, accrued, or deemed paid in a tax year in a separate category exceed the foreign tax credit limitation for the tax year for that separate category, the excess may be:

  • Carried back 1 year to offset taxes imposed in the same category.

  • Carried forward 10 years to offset taxes imposed in the same category (5 years for excess foreign taxes which may be carried only to tax years ending before October 23, 2004).

The excess is applied first to the earliest of the years to which it may be carried, then to the next earliest year, etc. The corporation may not carry a credit to a tax year for which it claimed a deduction, rather than a credit, for foreign taxes paid or accrued. Furthermore, the corporation must reduce the amount of any carryback or carryforward by the amount it would have used if it had chosen to claim a credit rather than a deduction in that tax year. See section 904(c) and Regulations section 1.904-2 for more details.

How to claim the excess credit.   If the corporation is carrying back the excess credit to an earlier year, file an amended tax return with a revised Form 1118 and schedules (including a revised Schedule K (Form 1118)).

Special rules apply to:

  • The carryback and carryover of foreign taxes paid or accrued on combined foreign oil and gas income or related taxes (see section 907(f)) and

  • An excess foreign tax credit for which an excess limitation account was established under section 960(b)(2).

Special rules for carryforwards of pre-2007 unused foreign taxes.   The foreign taxes carried forward generally are allocated to the post-2006 separate categories to which those taxes would have been allocated if the taxes were paid or accrued in a tax year beginning after 2006. Alternatively, the corporation can allocate unused foreign taxes in its pre-2007 passive income category to the post-2006 separate category for passive category income, and can allocate all other unused foreign taxes in pre-2007 separate categories that were eliminated in 2007 to the post-2006 separate category for general category income.

Treaty-Based Return Positions

Corporations that adopt a return position that any U.S. treaty overrides or modifies any provision of the Internal Revenue Code, and causes (or potentially causes) a reduction of any tax incurred at any time, generally must disclose this position. Complete Form 8833, Treaty-Based Return Position Disclosure Under Section 6114 or Section 7701(b), and attach it to Form 1118. See section 6114 and Regulations section 301.6114-1 for details.

Failure to make such a report may result in a $10,000 penalty.

Proof of Credits

Form 1118 must be carefully filled in with all the information called for and with the calculations of credits indicated.

Important.

Documentation (that is, receipts of payments or a foreign tax return for accrued taxes) is not required to be attached to Form 1118. However, proof must be presented upon request by the IRS to substantiate the credit. See Regulations section 1.905-2.

If the corporation claims a foreign tax credit for tax accrued but not paid, the IRS may require a bond to be furnished on Form 1117, Income Tax Surety Bond, before the credit is allowed. See Regulations section 1.905-2(c).

Foreign Tax Credit Redeterminations

The corporation's foreign tax credit and U.S. tax liability generally must be redetermined if:

  • Accrued foreign taxes when paid differ from the amounts claimed as credits;

  • Accrued foreign taxes are not paid within 2 years after the close of the tax year to which they relate; or

  • Any foreign tax paid is fully or partially refunded.

Except as provided in Temporary Regulations section 1.905-3T(d)(3), a redetermination of U.S. tax liability is not required to account for the effect of a redetermination of foreign tax paid or accrued by a foreign corporation on the amount of foreign taxes deemed paid under section 902 or 960. Instead, the foreign corporation's pools of E&P and foreign taxes are adjusted in the year of the foreign tax redetermination.

Reporting Requirements

If the corporation must redetermine its U.S. tax liability, the corporation must:

  • File an amended return and Form 1118 with the Service Center where it filed the tax return on which it claimed the affected foreign tax credit and

  • Provide identifying information such as the corporation's name, address, employer identification number (EIN), and the tax year or years that are affected by the redetermination.

Additional information required.   If the redetermination was because of one of the following, the corporation must provide the additional information as indicated.
  • Refund of foreign taxes paid—

    1. The date or dates on which the foreign taxes were accrued, paid, and refunded;

    2. The amount of foreign taxes accrued, paid, and refunded on each date (in foreign currency); and

    3. The exchange rates used to translate such amounts.

  • Foreign taxes that when paid differ from the accrued amounts claimed as credits for a year beginning before 1998—

    1. The date on which the foreign taxes were accrued;

    2. The dates on which the foreign taxes were paid;

    3. The exchange rate for each date the foreign taxes were accrued and paid; and

    4. The amount of foreign taxes accrued or paid on each such date (in foreign currency).

  • Foreign taxes that when paid differ from accrued amounts claimed as credits for a tax year beginning after 1997 because the corporation paid more or less foreign tax than was originally accrued or failed to pay accrued taxes within 2 years—

    1. The date on which the foreign taxes were accrued;

    2. The dates on which the foreign taxes were paid;

    3. The average exchange rate for the year for which the foreign taxes were accrued;

    4. For taxes paid more than 2 years after the year to which they relate, the exchange rate at the time of payment; and

    5. The amount of tax accrued or paid for each such date, and the amount of accrued tax that was not paid within 2 years (in foreign currency).

  • Foreign taxes deemed paid under section 902 or 960—If the corporation is required to make a redetermination under Temporary Regulations section 1.905-3T(d)(3), include the following basic information as an attachment to the tax return for the year for which the redetermination applies:

    1. The dates and amounts of any dividend distributions or other inclusions from E&P for the affected year or years;

    2. The amount of E&P from which such dividends were paid for the affected year or years;

    3. The current balances of the pools of E&P and foreign taxes before and after the foreign tax adjustment; and

    4. The information described above for foreign taxes paid or accrued, as applicable.

  If foreign taxes deemed paid under sections 902 or 960 are adjusted and the corporation is not required to redetermine its U.S. tax liability, adjust the appropriate pools of foreign taxes and E&P using the rules outlined in Temporary Regulations sections 1.905-3T(d)(2)(ii) and 1.905-4T(b)(2).

  Amended returns for all years affected by foreign tax redeterminations that result in U.S. tax deficiencies and that occurred in the three tax years immediately preceding the corporation's first tax year beginning on or after November 7, 2007 (and tax years of foreign subsidiaries ending with or within such tax years of their domestic corporate shareholders), are due no later than the due date (with extensions) of the corporation's return for its second tax year beginning on or after November 7, 2007. Amended returns for all years affected by foreign tax redeterminations that result in U.S. tax deficiencies and that occur in tax years beginning after November 7, 2007 (and tax years of foreign subsidiaries ending with or within such tax years of their domestic corporate shareholders), are due no later than the due date (with extensions) of the corporation's return for its tax year in which the foreign tax redetermination occurs. For special rules relating to corporations under the jurisdiction of the Large Business & International Division, see Temporary Regulations sections 1.905-4T(b)(3) and 1.905-4T(f)(2)(iii).

Interest and Penalties

In most cases, interest is computed on the deficiency or overpayment that resulted from the foreign tax adjustment (sections 6601 and 6611 and the related regulations). See Temporary Regulations section 1.905-4T(e) for additional information.

If the corporation does not comply with the requirements discussed above within the time for filing specified, the penalty provisions of section 6689 (and the related regulations) will apply.


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