2003 Tax Help Archives  
Instructions for Form 1120S 2003 Tax Year

Specific Instructions

This is archived information that pertains only to the 2003 Tax Year. If you
are looking for information for the current tax year, go to the Tax Prep Help Area.

Name

If the corporation did not receive a label, print or type the corporation's true name (as set forth in the corporate charter or other legal document creating it).

Address

Include the suite, room, or other unit number after the street address. If a preaddressed label is used, include the information on the label. If the Post Office does not deliver to the street address and the corporation has a P.O. box, show the box number instead of the street address.

Item B. Business Code No.

See the Codes for Principal Business Activity on pages 31 through 33 of these instructions.

Item C. Employer Identification Number (EIN)

Enter the corporation's EIN. If the corporation does not have an EIN, it must apply for one. An EIN may be applied for:

  • Online—Click on the EIN link at www.irs.gov/businesses/small. The EIN is issued immediately once the application information is validated.
  • By telephone at 1-800-829-4933 from 7:30am to 5:30pm in the corporation's local time zone.
  • By mailing or faxing Form SS-4, Application for Employer Identification Number.

If the corporation has not received its EIN by the time the return is due, write “Applied for” in the space for the EIN. For more details, see Pub. 583, Starting a Business and Keeping Records. Please call the toll-free Business and Specialty Tax Line at 1-800-829-4933 for assistance in applying for an EIN.

Item E. Total Assets

Enter the corporation's total assets at the end of the tax year, as determined by the accounting method regularly used in maintaining the corporation's books and records. If there were no assets at the end of the tax year, enter “0”. If the S election terminated during the tax year, see the instructions for Schedule L on page 28 for special rules that may apply when figuring the corporation's year-end assets.

Item F. Initial Return, Final Return, Name Change, Address Change, and Amended Return

  • If this is the corporation's first return, check the “Initial return” box.
  • If the corporation has ceased to exist, file Form 1120S and check the “Final return” box. Also check box D(1) on each Schedule K-1 to indicate that it is a final Schedule K-1.
  • If the corporation changed its name since it last filed a return, check the box for “Name change.” Generally, a corporation must also have amended its articles of incorporation and filed the amendment with the state in which it is incorporated.
  • If the corporation has changed its address since it last filed a return, check the box for “Address change.


    Note:

    If a change in address occurs after the return is filed, use Form 8822, Change of Address, to notify the IRS of the new address.

  • If this amends a previously filed return, check the box for “Amended return.” If Schedules K-1 are also being amended, check box D(2) on each Schedule K-1.

Income

Caution

Report only trade or business activity income or loss on lines 1a through 6. Do not report rental activity income or portfolio income or loss on these lines. (See Passive Activity Limitations beginning on page 8 for definitions of rental income and portfolio income.) Rental activity income and portfolio income are reported on Schedules K and K-1 (rental real estate activities are also reported on Form 8825).

Tax-exempt income.   Do not include any tax-exempt income on lines 1 through 5. A corporation that receives any exempt income other than interest, or holds any property or engages in an activity that produces exempt income, reports this income on line 18 of Schedules K and K-1.

  Report tax-exempt interest income, including exempt-interest dividends received as a shareholder in a mutual fund or other regulated investment company, on line 17 of Schedules K and K-1.

  See Deductions beginning on page 13 for information on how to report expenses related to tax-exempt income.

Cancelled debt exclusion.   If the S corporation has had debt discharged resulting from a title 11 bankruptcy proceeding, or while insolvent, see Form 982, Reduction of Tax Attributes Due to Discharge of Indebtedness, and Pub. 908, Bankruptcy Tax Guide.

Line 1. Gross Receipts or Sales

Enter gross receipts or sales from all trade or business operations except those that must be reported on lines 4 and 5. In general, advance payments are reported in the year of receipt. To report income from long-term contracts, see section 460. For special rules for reporting certain advance payments for goods and long-term contracts, see Regulations section 1.451-5. For permissible methods for reporting certain advance payments for services by an accrual method corporation, see Rev. Proc. 71-21,1971-2 C.B. 549.

Installment sales.   Generally, the installment method cannot be used for dealer dispositions of property. A “dealer disposition” is any disposition of (a) personal property by a person who regularly sells or otherwise disposes of personal property of the same type on the installment plan or (b) real property held for sale to customers in the ordinary course of the taxpayer's trade or business.

Exception.   These restrictions on using the installment method do not apply to dispositions of property used or produced in a farming business or sales of timeshares and residential lots for which the corporation elects to pay interest under section 453(l)(3).

  Enter on line 1a the gross profit on collections from installment sales for any of the following:
  • Dealer dispositions of property before
    March 1, 1986.
  • Dispositions of property used or produced in the trade or business of farming.
  • Certain dispositions of timeshares and residential lots reported under the installment method.

  Attach a schedule showing the following information for the current and the 3 preceding years:
  • Gross sales.
  • Cost of goods sold.
  • Gross profits.
  • Percentage of gross profits to gross sales.
  • Amount collected.
  • Gross profit on the amount collected.

Line 2. Cost of Goods Sold

See the instructions for Schedule A on page 18.

Line 4. Net Gain (Loss) From Form 4797

Caution

Include only ordinary gains or losses from the sale, exchange, or involuntary conversion of assets used in a trade or business activity. Ordinary gains or losses from the sale, exchange, or involuntary conversions of assets used in rental activities are reported separately on Schedule K as part of the net income (loss) from the rental activity in which the property was used.

A corporation that is a partner in a partnership must include on Form 4797, Sales of Business Property, its share of ordinary gains (losses) from sales, exchanges, or involuntary or compulsory conversions (other than casualties or thefts) of the partnership's trade or business assets.

If the corporation sold or otherwise disposed of business property for which the corporation passed through a section 179 expense deduction to its shareholders, the disposition must be reported separately on line 23 of Schedule K-1 instead of being reported on Form 4797.

Line 5. Other Income (Loss)

Enter on line 5 trade or business income (loss) that is not included on lines 1a through 4. List the type and amount of income on an attached schedule. If the corporation has only one item of other income, describe it in parentheses on line 5. Examples of other income include:

  • Interest income derived in the ordinary course of the corporation's trade or business, such as interest charged on receivable balances.
  • Recoveries of bad debts deducted in prior years under the specific charge-off method.
  • Taxable income from insurance proceeds.
  • The amount of credit figured on Form 6478, Credit for Alcohol Used as Fuel.

The corporation must also include in other income the:

  • Recapture amount under section 280F if the business use of listed property drops to 50% or less. To figure the recapture amount, the corporation must complete Part IV of Form 4797.
  • Recapture of any deduction previously taken under section 179A. The S corporation may have to recapture part or all of the benefit of any allowable deduction for qualified clean-fuel vehicle property (or clean-fuel vehicle refueling property), if the property ceases to qualify for the deduction within 3 years after the date it was placed in service. See Pub. 535, Business Expenses, for details on how to figure the recapture.

If “other income” consists of only one item, identify it by showing the account caption in parentheses on line 5. A separate schedule need not be attached to the return in this case.

Do not net any expense item (such as interest) with a similar income item. Report all trade or business expenses on lines 7 through 19.

Do not include items requiring separate computations by shareholders that must be reported on Schedules K and K-1. See the instructions for Schedules K and K-1 beginning on page 19.

Ordinary Income (Loss) From a Partnership, Estate, or Trust

Enter the ordinary trade or business income (loss) from a partnership shown on Schedule K-1 (Form 1065), from an estate or trust shown on Schedule K-1 (Form 1041), or from a foreign partnership, estate, or trust. Show the partnership's, estate's, or trust's name, address, and EIN (if any) on a separate statement attached to this return. If the amount entered is from more than one source, identify the amount from each source.

Do not include portfolio income or rental activity income (loss) from a partnership, estate, or trust on this line. Instead, report these amounts on the applicable lines of Schedules K and K-1, or on line 20a of Form 8825 if the amount is from a rental real estate activity.

Ordinary income or loss from a partnership that is a publicly traded partnership is not reported on this line. Instead, report the amount separately on line 6 of Schedules K and K-1.

Treat shares of other items separately reported on Schedule K-1 issued by the other entity as if the items were realized or incurred by the S corporation.

If there is a loss from a partnership, the amount of the loss that may be claimed is subject to the at-risk and basis limitations as appropriate.

If the tax year of the S corporation does not coincide with the tax year of the partnership, estate, or trust, include the ordinary income (loss) from the other entity in the tax year in which the other entity's tax year ends.

Deductions

Caution

Report only trade or business activity expenses on lines 7 through 19.

Do not report rental activity expenses or deductions allocable to portfolio income on these lines. Rental activity expenses are separately reported on Form 8825 or line 3 of Schedules K and K-1. Deductions allocable to portfolio income are separately reported on line 9 of Schedules K and K-1. See Passive Activity Limitations beginning on page 8 for more information on rental activities and portfolio income.

Do not report any nondeductible amounts (such as expenses connected with the production of tax-exempt income) on lines 7 through 19. Instead, report nondeductible expenses on line 19 of Schedules K and K-1. If an expense is connected with both taxable income and nontaxable income, allocate a reasonable part of the expense to each kind of income.

Limitations on Deductions

Section 263A uniform capitalization rules.   The uniform capitalization rules of section 263A require corporations to capitalize or include in inventory costs certain costs incurred in connection with:
  • The production of real and tangible personal property held in inventory or held for sale in the ordinary course of business.
  • Real property or personal property (tangible and intangible) acquired for resale.
  • The production of real property and tangible personal property by a corporation for use in its trade or business or in an activity engaged in for profit.

  The costs required to be capitalized under section 263A are not deductible until the property to which the costs relate is sold, used, or otherwise disposed of by the corporation.

Exceptions.   Section 263A does not apply to:
  • Personal property acquired for resale if the taxpayer's average annual gross receipts for the 3 prior tax years are $10 million or less.
  • Timber.
  • Most property produced under a long-term contract.
  • Certain property produced in a farming business. See below.

  The corporation must report the following costs separately to the shareholders for purposes of determinations under section 59(e):
  • Research and experimental costs under section 174.
  • Intangible drilling costs for oil, gas, and geothermal property.
  • Mining exploration and development costs.
  • Inventoriable items accounted for in the same manner as materials and supplies that are not incidental. See Schedule A. Cost of Goods Sold on page 18 for details.

  Tangible personal property produced by a corporation includes a film, sound recording, video tape, book, or similar property.

Indirect costs.   Corporations subject to the rules are required to capitalize not only direct costs but an allocable portion of most indirect costs (including taxes) that benefit the assets produced or acquired for resale or are incurred by reason of the performance of production or resale activities.

  For inventory, some of the indirect costs that must be capitalized are:
  • Administration expenses.
  • Taxes.
  • Depreciation.
  • Insurance.
  • Compensation paid to officers attributable to services.
  • Rework labor.
  • Contributions to pension, stock bonus, and certain profit-sharing, annuity, or deferred compensation plans.

  Regulations section 1.263A-1(e)(3) specifies other indirect costs that relate to production or resale activities that must be capitalized and those that may be currently deducted.

  Interest expense paid or incurred during the production period of designated property must be capitalized and is governed by special rules. For more details, see Regulations sections 1.263A-8 through 1.263A-15.

For more details on the uniform capitalization rules, see Regulations sections 1.263A-1 through 1.263A-3.

Special rules for certain corporations engaged in farming.   For S corporations not required to use the accrual method of accounting, the rules of section 263A do not apply to expenses of raising any:
  • Animal or
  • Plant that has a preproductive period of 2 years or less.

  Shareholders of S corporations not required to use the accrual method of accounting may elect to currently deduct the preproductive period expenses of certain plants that have a preproductive period of more than 2 years. Because each shareholder makes the election to deduct these expenses, the corporation should not capitalize them. Instead, the corporation should report the expenses separately on line 21 of Schedule K and each shareholder's pro rata share on line 23 of Schedule K-1.

  See sections 263A(d) and (e) and Regulations section 1.263A-4 for definitions and other details.

Transactions between related taxpayers.   Generally, an accrual basis S corporation may deduct business expenses and interest owed to a related party (including any shareholder) only in the tax year of the corporation that includes the day on which the payment is includible in the income of the related party. See section 267 for details.

Section 291 limitations.   If the S corporation was a C corporation for any of the 3 immediately preceding years, the corporation may be required to adjust deductions allowed to the corporation for depletion of iron ore and coal, and the amortizable basis of pollution control facilities. See section 291 to determine the amount of the adjustment.

Business start-up expenses.   Business start-up expenses must be capitalized. An election may be made to amortize them over a period of not less than 60 months. See section 195 and Regulations section 1.195-1.

Reducing certain expenses for which credits are allowable.   For each credit listed below, the corporation must reduce the otherwise allowable deductions for expenses used to figure the credit by the amount of the current year credit.
  • The work opportunity credit,
  • The welfare-to-work credit,
  • The credit for increasing research activities,
  • The enhanced oil recovery credit,
  • The disabled access credit,
  • The empowerment zone and renewable community employment credit,
  • The Indian employment credit,
  • The credit for employer social security and Medicare taxes paid on certain employee tips,
  • The orphan drug credit, and
  • The New York Liberty Zone business employee credit.

  If the corporation has any of these credits, be sure to figure each current year credit before figuring the deductions for expenses on which the credit is based.

Line 7. Compensation of Officers and Line 8—Salaries and Wages

Caution

Distributions and other payments by an S corporation to a corporate officer must be treated as wages to the extent the amounts are reasonable compensation for services to the corporation.

Enter on line 7 the total compensation of all officers paid or incurred in the trade or business activities of the corporation. Enter on line 8 the amount of salaries and wages paid or incurred to employees (other than officers) during the tax year in the trade or business activities of the corporation.

Do not include amounts reported elsewhere on the return, such as salaries and wages included in cost of goods sold, elective contributions to a section 401(k) cash or deferred arrangement, or amounts contributed under a salary reduction SEP agreement or a SIMPLE IRA plan.

Reduce the amounts on lines 7 and 8 by any applicable employment credits from:

  • Form 5884, Work Opportunity Credit,
  • Form 8861, Welfare-to-Work Credit,
  • Form 8844, Empowerment Zone and Renewable Community Employment Credit,
  • Form 8845, Indian Employment Credit, and
  • Form 8884, New York Liberty Zone Business Employee Credit.

See the instructions for these forms for more information.

Include fringe benefit expenditures made on behalf of officers and employees owning more than 2% of the corporation's stock. Also report these fringe benefits as wages in box 1 of Form W-2. Do not include amounts paid or incurred for fringe benefits of officers and employees owning 2% or less of the corporation's stock. These amounts are reported on line 18, page 1, of Form 1120S. See the instructions for that line for information on the types of expenditures that are treated as fringe benefits and for the stock ownership rules.

Report amounts paid for health insurance coverage for a more than 2% shareholder (including that shareholder's spouse and dependents) as an information item in box 14 of that shareholder's Form W-2. For 2003, a more-than-2% shareholder may be allowed to deduct up to 100% of such amounts on Form 1040, line 29.

If a shareholder or a member of the family of one or more shareholders of the corporation renders services or furnishes capital to the corporation for which reasonable compensation is not paid, the IRS may make adjustments in the items taken into account by such individuals and the value of such services or capital. See section 1366(e).

Line 9. Repairs and Maintenance

Enter the costs of incidental repairs and maintenance, such as labor and supplies, that do not add to the value of the property or appreciably prolong its life, but only to the extent that such costs relate to a trade or business activity and are not claimed elsewhere on the return. New buildings, machinery, or permanent improvements that increase the value of the property are not deductible. They are chargeable to capital accounts and may be depreciated or amortized.

Line 10. Bad Debts

Enter the total debts that became worthless in whole or in part during the year, but only to the extent such debts relate to a trade or business activity. Report deductible nonbusiness bad debts as a short-term capital loss on Schedule D (Form 1120S).

Caution

Cash method taxpayers may not claim a bad debt deduction unless the amount was previously included in income.

Line 11. Rents

If the corporation rented or leased a vehicle, enter the total annual rent or lease expense paid or incurred in the trade or business activities of the corporation. Also complete Part V of Form 4562, Depreciation and Amortization. If the corporation leased a vehicle for a term of 30 days or more, the deduction for vehicle lease expense may have to be reduced by an amount called the inclusion amount. The corporation may have an inclusion amount if:

The lease term began:  
After 12/31/02 and before 1/1/04 $18,000
After 12/31/98 and before 1/1/03 $15,500
After 12/31/96 but before 1/1/99 $15,800
After 12/31/94 but before 1/1/97 $15,500
After 12/31/93 but before 1/1/95 $14,600
If the lease term began before January 1, 1994, see Pub. 463, Travel, Entertainment, Gift, and Car Expenses, to find out if the corporation has an inclusion amount and how to figure it.

Line 12. Taxes and Licenses

Enter taxes and licenses paid or incurred in the trade or business activities of the corporation, if not reflected in cost of goods sold. Federal import duties and Federal excise and stamp taxes are deductible only if paid or incurred in carrying on the trade or business of the corporation.

Do not deduct the following taxes on line 12:

  • Federal income taxes (except for the portion of built-in gains tax allocable to ordinary income), or taxes reported elsewhere on the return.
  • Section 901 foreign taxes. Report these taxes separately on line 15g, Schedule K.
  • Taxes allocable to a rental activity. Taxes allocable to a rental real estate activity are reported on Form 8825. Taxes allocable to a rental activity other than a rental real estate activity are reported on line 3b of Schedule K.
  • Taxes allocable to portfolio income. Report these taxes separately on line 9 of Schedules K and K-1.
  • Taxes paid or incurred for the production or collection of income, or for the management, conservation, or maintenance of property held to produce income. Report these taxes separately on line 10 of Schedules K and K-1.

See section 263A(a) for information on capitalization of allocable costs (including taxes) for any property.

  • Taxes not imposed on the corporation.
  • Taxes, including state or local sales taxes, that are paid or incurred in connection with an acquisition or disposition of property (these taxes must be treated as a part of the cost of the acquired property or, in the case of a disposition, as a reduction in the amount realized on the disposition).
  • Taxes assessed against local benefits that increase the value of the property assessed (such as for paving, etc.).
  • Taxes deducted elsewhere on the return, such as those reflected in cost of goods sold.

See section 164(d) for apportionment of taxes on real property between seller and purchaser.

Line 13. Interest

Include on line 13 only interest incurred in the trade or business activities of the corporation that is not claimed elsewhere on the return. Do not include interest expense:

  • On debt used to purchase rental property or debt used in a rental activity. Interest allocable to a rental real estate activity is reported on Form 8825 and is used in arriving at net income (loss) from rental real estate activities on line 2 of Schedules K and K-1. Interest allocable to a rental activity other than a rental real estate activity is included on line 3b of Schedule K and is used in arriving at net income (loss) from a rental activity (other than a rental real estate activity). This net amount is reported on line 3c of Schedule K and line 3 of Schedule K-1.
  • Clearly and directly allocable to portfolio or investment income. This interest expense is reported separately on line 11a of Schedule K.
  • On debt proceeds allocated to distributions made to shareholders during the tax year. Instead, report such interest on line 10 of Schedules K and K-1. To determine the amount to allocate to distributions to shareholders, see Notice 89-35, 1989-1 C.B. 675.
  • On debt required to be allocated to the production of designated property. Interest allocable to designated property produced by an S corporation for its own use or for sale must instead be capitalized. The corporation must also capitalize any interest on debt allocable to an asset used to produce designated property. A shareholder may have to capitalize interest that the shareholder incurs during the tax year for the production expenditures of the S corporation. Similarly, interest incurred by an S corporation may have to be capitalized by a shareholder for the shareholder's own production expenditures. The information required by the shareholder to properly capitalize interest for this purpose must be provided by the corporation on an attachment for line 23 of Schedule K-1. See section 263A(f) and Regulations sections 1.263A-8 through 1.263A-15 for additional information, including the definition of “designated property.

Special rules apply to:

  • Allocating interest expense among activities so that the limitations on passive activity losses, investment interest, and personal interest can be properly figured. Generally, interest expense is allocated in the same manner as debt is allocated. Debt is allocated by tracing disbursements of the debt proceeds to specific expenditures. Temporary Regulations section 1.163-8T gives rules for tracing debt proceeds to expenditures.
  • Prepaid interest, which generally can only be deducted over the period to which the prepayment applies. See section 461(g) for details.
  • Limit the interest deduction if the corporation is a policyholder or beneficiary with respect to a life insurance, endowment, or annuity contract issued after June 8, 1997. For details, see section 264(f). Attach a statement showing the computation of the deduction.

Line 14. Depreciation

Enter on line 14a only the depreciation claimed on assets used in a trade or business activity. See the Instructions for Form 4562 or Pub. 946, How To Depreciate Property, to figure the amount of depreciation to enter on this line.

Complete and attach Form 4562 only if the corporation placed property in service during the tax year or claims depreciation on any car or other listed property.

Do not include any section 179 expense deduction on this line. This amount is not deductible by the corporation. Instead, it is passed through to the shareholders on line 8 of Schedule K-1.

Line 15. Depletion

If the corporation claims a deduction for timber depletion, complete and attach Form T, Forest Activities Schedule.

Caution

Do not deduct depletion for oil and gas properties. Each shareholder figures depletion on these properties under section 613A(c)(11). See the instructions on page 26 for Schedule K-1, line 23, item 2, for information on oil and gas depletion that must be supplied to the shareholders by the corporation.

Line 17. Pension, Profit-Sharing, etc., Plans

Enter the deductible contributions not claimed elsewhere on the return made by the corporation for its employees under a qualified pension, profit-sharing, annuity, or simplified employee pension (SEP) or SIMPLE plan, and under any other deferred compensation plan.

If the corporation contributes to an individual retirement arrangement (IRA) for employees, include the contribution in salaries and wages on page 1, line 8, or Schedule A, line 3, and not on line 17.

Employers who maintain a pension, profit-sharing, or other funded deferred compensation plan, whether or not qualified under the Internal Revenue Code and whether or not a deduction is claimed for the current tax year, generally must file the applicable form listed below.

  • Form 5500, Annual Return/Report of Employee Benefit Plan. File this form for a plan that is not a one-participant plan (see below).
  • Form 5500-EZ, Annual Return of One-Participant (Owners and Their Spouses) Retirement Plan. File this form for a plan that only covers the owner (or the owner and his or her spouse) but only if the owner (or the owner and his or her spouse) owns the entire business.

There are penalties for failure to file these forms on time and for overstating the pension plan deduction.

Line 18. Employee Benefit Programs

Enter amounts for fringe benefits paid or incurred on behalf of employees owning 2% or less of the corporation's stock. These fringe benefits include (a) employer contributions to certain accident and health plans, (b) the cost of up to $50,000 of group-term life insurance on an employee's life, and (c) meals and lodging furnished for the employer's convenience.

Do not deduct amounts that are an incidental part of a pension, profit-sharing, etc., plan included on line 17 or amounts reported elsewhere on the return.

Report amounts paid on behalf of more than 2% shareholders on line 7 or 8, whichever applies. A shareholder is considered to own more than 2% of the corporation's stock if that person owns on any day during the tax year more than 2% of the outstanding stock of the corporation or stock possessing more than 2% of the combined voting power of all stock of the corporation. See section 318 for attribution rules.

Line 19. Other Deductions

Enter the total of all allowable trade or business deductions that are not deductible elsewhere on page 1 of Form 1120S. Attach a schedule listing by type and amount each deduction included on this line.

Examples of other deductions include:

  • Amortization (except as noted below)—see the Instructions for Form 4562 for more information. Complete and attach Form 4562 if the corporation is claiming amortization of costs that began during the tax year.
  • Insurance premiums.
  • Legal and professional fees.
  • Supplies used and consumed in the business.
  • Utilities.

Also, see Special Rules below for limits on certain other deductions.

Do not deduct on line 19:

  • Items that must be reported separately on Schedules K and K-1.
  • Qualified expenditures to which an election under section 59(e) may apply. See the instructions on page 26 for lines 16a and 16b of Schedule K-1 for details on treatment of these items.
  • Amortization of reforestation expenditures under section 194. The corporation can elect to amortize up to $10,000 of qualified reforestation expenditures paid or incurred during the tax year. However, the amortization is not deducted by the corporation but the amortizable basis is instead separately allocated among the shareholders. See the instructions on page 28 for Schedule K-1, line 23, item 22 and Pub. 535 for more details.
  • Fines or penalties paid to a government for violating any law. Report these expenses on Schedule K, line 19.
  • Expenses allocable to tax-exempt income. Report these expenses on Schedule K, line 19.
  • Net operating losses as provided by section 172 or the special deductions in sections 241 through 249 (except the election to amortize organizational expenditures under section 248). These deductions cannot be claimed by an S corporation.


    Note:

    Shareholders are allowed, subject to limitations, to deduct from gross income the corporation's net operating loss. See section 1366.

Special Rules

Commercial revitalization deduction.   If the corporation constructs, purchases, or substantially rehabilitates a qualified building in a renewal community, it may qualify for a deduction of either (a) 50% of qualified capital expenditures in the year the building is placed in service or (b) amortization of 100% of the qualified capital expenditures over a 120-month period beginning with the month the building is placed in service. If the corporation elects to amortize these expenditures, complete and attach Form 4562. To qualify, the building must be nonresidential (as defined in section 168(e)(2)) and placed in service by the corporation. The corporation must be the original user of the building unless it is substantially rehabilitated. The amount of the qualified expenditures cannot exceed the lesser of $10 million or the amount allocated to the building by the commercial revitalization agency of the state in which the building is located. Any remaining expenditures are depreciated over the regular depreciation recovery period. See Pub. 954, Tax Incentives for Distressed Communities, and section 1400I for details.

Rental real estate.   The corporation cannot deduct commercial revitalization expenditures for a building placed in service as rental real estate. Instead, the commercial revitalization deduction for rental real estate is reported separately to shareholders; see line 23, item 25, of Schedule K-1.

Travel, meals, and entertainment.   Subject to limitations and restrictions discussed below, a corporation can deduct ordinary and necessary travel, meals, and entertainment expenses paid or incurred in its trade or business. Also, special rules apply to deductions for gifts, skybox rentals, luxury water travel, convention expenses, and entertainment tickets. See section 274 and Pub. 463 for more details.

Travel.   The corporation cannot deduct travel expenses of any individual accompanying a corporate officer or employee, including a spouse or dependent of the officer or employee, unless:
  • That individual is an employee of the corporation and
  • His or her travel is for a bona fide business purpose and would otherwise be deductible by that individual.

Meals and entertainment.   Generally, the corporation can deduct only 50% of the amount otherwise allowable for meals and entertainment expenses paid or incurred in its trade or business. In addition (subject to exceptions under section 274(k)(2)):
  • Meals must not be lavish or extravagant;
  • A bona fide business discussion must occur during, immediately before, or immediately after the meal; and
  • An employee of the corporation must be present at the meal.

  See section 274(n)(3) for a special rule that applies to expenses for meals consumed by individuals subject to the hours of service limits of the Department of Transportation.

Membership dues.   The corporation may deduct amounts paid or incurred for membership dues in civic or public service organizations, professional organizations (such as bar and medical associations), business leagues, trade associations, chambers of commerce, boards of trade, and real estate boards. However, no deduction is allowed if a principal purpose of the organization is to entertain, or provide entertainment facilities for, members or their guests. In addition, corporations may not deduct membership dues in any club organized for business, pleasure, recreation, or other social purpose. This includes country clubs, golf and athletic clubs, airline and hotel clubs, and clubs operated to provide meals under conditions favorable to business discussion.

Entertainment facilities.   The corporation cannot deduct an expense paid or incurred for a facility (such as a yacht or hunting lodge) used for an activity usually considered entertainment, amusement, or recreation.


Note:

The corporation may be able to deduct otherwise nondeductible meals, travel, and entertainment expenses if the amounts are treated as compensation and reported on Form W-2 for an employee or on Form 1099-MISC for an independent contractor.

Lobbying expenses.   Do not deduct amounts paid or incurred to participate or intervene in any political campaign on behalf of a candidate for public office, or to influence the general public regarding legislative matters, elections, or referendums. In addition, corporations generally cannot deduct expenses paid or incurred to influence Federal or state legislation, or to influence the actions or positions of certain Federal executive branch officials. However, certain in-house lobbying expenditures that do not exceed $2,000 are deductible. See section 162(e) for more details.

Clean-fuel vehicles and certain refueling property.   A deduction is allowed for part of the cost of qualified clean-fuel vehicle property and qualified clean-fuel vehicle refueling property placed in service during the tax year. For more details, see section 179A and Pub. 535.

Certain corporations engaged in farming.   Section 464(f) limits the deduction for certain expenditures of S corporations engaged in farming that use the cash method of accounting, and whose prepaid farm supplies are more than 50% of other deductible farming expenses. Prepaid farm supplies include expenses for feed, seed, fertilizer, and similar farm supplies not used or consumed during the year. They also include the cost of poultry that would be allowable as a deduction in a later tax year if the corporation were to (a) capitalize the cost of poultry bought for use in its farm business and deduct it ratably over the lesser of 12 months or the useful life of the poultry and (b) deduct the cost of poultry bought for resale in the year it sells or otherwise disposes of it. If the limit applies, the corporation can deduct prepaid farm supplies that do not exceed 50% of its other deductible farm expenses in the year of payment. The excess is deductible only in the year the corporation uses or consumes the supplies (other than poultry, which is deductible as explained above). For exceptions and more details on these rules, see Pub. 225, Farmer's Tax Guide.

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Worksheet for Line 22a

Line 21. Ordinary Income (Loss)

Enter this income or loss on line 1 of Schedule K. Line 21 income is not used in figuring the tax on line 22a or 22b. See the instructions for line 22a for figuring taxable income for purposes of line 22a or 22b tax.

Tax and Payments

Line 22a. Excess Net Passive Income Tax

If the corporation has always been an S corporation, the excess net passive income tax does not apply.

If the corporation has accumulated earnings and profits (E&P) at the close of its tax year, has passive investment income for the tax year that is in excess of 25% of gross receipts, and has taxable income at year-end, the corporation must pay a tax on the excess net passive income. Complete lines 1 through 3 and line 9 of the worksheet below to make this determination. If line 2 is greater than line 3 and the corporation has taxable income (see instructions for line 9 of worksheet), it must pay the tax. Complete a separate schedule using the format of lines 1 through 11 of the worksheet below to figure the tax. Enter the tax on line 22a, page 1, Form 1120S, and attach the computation schedule to Form 1120S.

Reduce each item of passive income passed through to shareholders by its portion of tax on line 22a. See section 1366(f)(3).

Line 22b. Tax From Schedule D (Form 1120S)

Enter the built-in gains tax from line 22 of Part III of Schedule D. See the instructions for Part III of Schedule D to determine if the corporation is liable for the tax.

Line 22c

Include in the total for line 22c the following:

Investment credit recapture tax.   The corporation is liable for investment credit recapture attributable to credits allowed for tax years for which the corporation was not an S corporation. Figure the corporation's investment credit recapture tax by completing Form 4255, Recapture of Investment Credit.

  To the left of the line 22c total, enter the amount of recapture tax and “Tax From Form 4255.” Attach Form 4255 to Form 1120S.

LIFO recapture tax.   The corporation may be liable for the additional tax due to LIFO recapture under Regulations section 1.1363-2 if:
  • The corporation used the LIFO inventory pricing method for its last tax year as a C corporation, or
  • A C corporation transferred LIFO inventory to the corporation in a nonrecognition transaction in which those assets were transferred basis property.

  The additional tax due to LIFO recapture is figured for the corporation's last tax year as a C corporation or for the tax year of the transfer, whichever applies. See the Instructions for Forms 1120 and 1120-A to figure the tax. The tax is paid in four equal installments. The C corporation must pay the first installment by the due date (not including extensions) of Form 1120 for the corporation's last tax year as a C corporation or for the tax year of the transfer, whichever applies. The S corporation must pay each of the remaining installments by the due date (not including extensions) of Form 1120S for the 3 succeeding tax years. Include this year's installment in the total amount to be entered on line 22c. To the left of the total on line 22c, enter the installment amount and “LIFO tax.

Interest due under the look-back method for completed long-term contracts.   If the corporation owes interest, attach Form 8697, Interest Computation Under the Look-Back Method for Completed Long-Term Contracts. To the left of the total on line 22c, enter the amount owed and “From Form 8697.

Interest due under the look-back method for property depreciated under the income forecast method.   If the corporation owes interest, attach Form 8866, Interest Computation Under the Look-Back Method for Property Depreciated Under the Income Forecast Method. To the left of the total on line 22c, enter the amount owed and “From Form 8866.

Line 23d

If the S corporation is a beneficiary of a trust and the trust makes a section 643(g) election to credit its estimated tax payments to its beneficiaries, include the corporation's share of the payment (reported to the corporation on Schedule K-1 (Form 1041)) in the total amount entered on line 23d. Also, to the left of line 23d, enter “T” and the amount of the payment.

Line 24. Estimated Tax Penalty

A corporation that fails to make estimated tax payments when due may be subject to an underpayment penalty for the period of underpayment. Use Form 2220, Underpayment of Estimated Tax by Corporations, to see if the corporation owes a penalty and to figure the amount of the penalty. If you attach Form 2220 to Form 1120S, be sure to check the box on line 24 and enter the amount of any penalty on this line.

Line 27. Direct Deposit of Refund

If the corporation wants its refund directly deposited into its checking or savings account at any U.S. bank or other financial institution instead of having a check sent to the corporation, complete Form 8050 and attach it to the corporation's return. However, the corporation cannot have its refund from an amended return directly deposited.

Schedule A. Cost of Goods Sold

Generally, inventories are required at the beginning and end of each tax year if the production, purchase, or sale of merchandise is an income-producing factor. See Regulations section 1.471-1.

However, if the corporation is a qualifying taxpayer or a qualifying small business taxpayer, it may adopt or change its accounting method to account for inventoriable items in the same manner as materials and supplies that are not incidental (unless its business is a tax shelter (as defined in section 448(d)(3))).

A qualifying taxpayer is a taxpayer that, for each prior tax year ending after December 16, 1998, has average annual gross receipts of $1 million or less for the 3-tax-year period ending with that prior tax year. See Rev. Proc. 2001-10, 2001-2 I.R.B. 272 for details.

A qualifying small business taxpayer is a taxpayer (a) that, for each prior tax year ending on or after December 31, 2000, has average annual gross receipts of $10 million or less for the 3-tax-year period ending with that prior tax year and (b) whose principal business activity is not an ineligible activity. See Rev. Proc. 2002-28, 2002-18 I.R.B. 815 for details.

Under this accounting method, inventory costs for raw materials purchased for use in producing finished goods and merchandise purchased for resale are deductible in the year the finished goods or merchandise are sold (but not before the year the corporation paid for the raw materials or merchandise if it is also using the cash method). For additional guidance on this method of accounting for inventoriable items, see Pub. 538.

Enter amounts paid for all raw materials and merchandise during the tax year on line 2. The amount the corporation can deduct for the tax year is figured on line 8.

Section 263A Uniform Capitalization Rules.   The uniform capitalization rules of section 263A are discussed under Limitations on Deductions on page 13. See those instructions before completing Schedule A.

Line 1. Inventory at Beginning of Year

If the corporation is changing its method of accounting for the current tax year to no longer account for inventories, it must refigure last year's closing inventory using its new method of accounting and enter the result on line 1. If there is a difference between last year's closing inventory and the refigured amount, attach an explanation and take it into account when figuring the corporation's section 481(a) adjustment (explained on page 4).

Line 4. Additional Section 263A Costs

An entry is required on this line only for corporations that have elected a simplified method of accounting.

For corporations that have elected the simplified production method, additional section 263A costs are generally those costs, other than interest, that were not capitalized under the corporation's method of accounting immediately prior to the effective date of section 263A that are required to be capitalized under section 263A. For new corporations, additional section 263A costs are the costs, other than interest, that must be capitalized under section 263A, but which the corporation would not have been required to capitalize if it had existed before the effective date of section 263A. For more details, see Regulations section 1.263A-2(b).

For corporations that have elected the simplified resale method, additional section 263A costs are generally those costs incurred with respect to the following categories.

  • Off-site storage or warehousing.
  • Purchasing.
  • Handling, such as processing, assembly, repackaging, and transporting.
  • General and administrative costs (mixed service costs).

For details, see Regulations section 1.263A-3(d).

Enter on line 4 the balance of section 263A costs paid or incurred during the tax year not includable on lines 2, 3, and 5.

Line 5. Other Costs

Enter on line 5 any other inventoriable costs paid or incurred during the tax year not entered on lines 2 through 4.

Line 7. Inventory at End of Year

See Regulations sections 1.263A-1 through 1.263A-3 for details on figuring the amount of additional section 263A costs to be included in ending inventory.

If the corporation accounts for inventoriable items in the same manner as materials and supplies that are not incidental, enter on line 7 the portion of its raw materials and merchandise purchased for resale that is included on line 6 and was not sold during the year.

Lines 9a Through 9e. Inventory Valuation Methods

Inventories can be valued at:

  • Cost;
  • Cost or market value (whichever is lower); or
  • Any other method approved by the IRS that conforms to the requirements of the applicable regulations cited below.

However, if the corporation is using the cash method of accounting, it is required to use cost.

Corporations that account for inventoriable items in the same manner as materials and supplies that are not incidental may currently deduct expenditures for direct labor and all indirect costs that would otherwise be included in inventory costs.

The average cost (rolling average) method of valuing inventories generally does not conform to the requirements of the regulations. See Rev. Rul. 71-234, 1971-1 C.B. 148.

Corporations that use erroneous valuation methods must change to a method permitted for Federal income tax purposes. To make this change, use Form 3115.

On line 9a, check the method(s) used for valuing inventories. Under “lower of cost or market,market (for normal goods) means the current bid price prevailing on the inventory valuation date for the particular merchandise in the volume usually purchased by the taxpayer. For a manufacturer, market applies to the basic elements of cost—raw materials, labor, and burden. If section 263A applies to the taxpayer, the basic elements of cost must reflect the current bid price of all direct costs and all indirect costs properly allocable to goods on hand at the inventory date.

Inventory may be valued below cost when the merchandise is unsalable at normal prices or unusable in the normal way because the goods are subnormal due to damage, imperfections, shopwear, etc., within the meaning of Regulations section 1.471-2(c). These goods may be valued at a current bona fide selling price, minus direct cost of disposition (but not less than scrap value) if such a price can be established.

If this is the first year the Last-in, First-out (LIFO) inventory method was either adopted or extended to inventory goods not previously valued under the LIFO method provided in section 472, attach Form 970, Application To Use LIFO Inventory Method, or a statement with the information required by Form 970. Also check the LIFO box on line 9c. On line 9d, enter the amount or the percent of total closing inventories covered under section 472. Estimates are acceptable.

If the corporation changed or extended its inventory method to LIFO and has had to write up its opening inventory to cost in the year of election, report the effect of this write-up as income (line 5, page 1) proportionately over a 3-year period that begins with the tax year of the LIFO election (section 472(d)).

See Pub. 538 for more information on inventory valuation methods.

Schedule B. Other Information

Be sure to answer the questions and provide other information in items 1 through 8.

Line 7

Complete line 7 if the corporation (a) was a C corporation before it elected to be an S corporation or the corporation acquired an asset with a basis determined by reference to its basis (or the basis of any other property) in the hands of a C corporation and (b) has net unrealized built-in gain (defined below) in excess of the net recognized built-in gain from prior years.

The corporation is liable for section 1374 tax if (a) and (b) above apply and it has a net recognized built-in gain (section 1374(d)(2)) for its tax year.

The corporation's net unrealized built-in gain is the amount, if any, by which the fair market value of the assets of the corporation at the beginning of its first S corporation year (or as of the date the assets were acquired, for any asset with a basis determined by reference to its basis (or the basis of any other property) in the hands of a C corporation) exceeds the aggregate adjusted basis of such assets at that time.

Enter on line 7 the corporation's net unrealized built-in gain reduced by the net recognized built-in gain for prior years. See sections 1374(c)(2) and (d)(1).

Line 8

Check the box on line 8 if the corporation was a C corporation in a prior year and has accumulated earnings and profits (E&P) at the close of its 2003 tax year. For details on figuring accumulated E&P, see section 312. If the corporation has accumulated E&P, it may be liable for tax imposed on excess net passive income. See the instructions for line 22a, page 1, of Form 1120S for details on this tax.

Line 9

Total receipts is the sum of the following amounts:

  • Gross receipts or sales (page 1, line 1a).
  • All other income (page 1, lines 4 and 5).
  • Income reported on Schedule K, lines 3a, 4a, 4b(2), and 4c.
  • Income or net gain reported on Schedule K, lines 4d(2), 4e(2), 4f, 5, and 6.
  • Income or net gain reported on Form 8825, lines 2, 19, and 20a.

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