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Instructions for Form 1120 & 1120-A 2006 Tax Year

Specific Instructions

This is archived information that pertains only to the 2006 Tax Year. If you
are looking for information for the current tax year, go to the Tax Prep Help Area.

Table of Contents

Period Covered

File the 2006 return for calendar year 2006 and fiscal years that begin in 2006 and end in 2007. For a fiscal or short tax year return, fill in the tax year space at the top of the form.

The 2006 Form 1120 can also be used if:

  • The corporation has a tax year of less than 12 months that begins and ends in 2007, and

  • The 2007 Form 1120 is not available at the time the corporation is required to file its return.

The corporation must show its 2007 tax year on the 2006 Form 1120 and take into account any tax law changes that are effective for tax years beginning after December 31, 2006.

Name and Address

Print or type the corporation's true name (as set forth in the charter or other legal document creating it), address, and EIN on the appropriate lines. Include the suite, room, or other unit number after the street address. If the post office does not deliver mail to the street address and the corporation has a P.O. box, show the box number instead.

If the corporation receives its mail in care of a third party (such as an accountant or an attorney), enter on the street address line “C/O” followed by the third party's name and street address or P.O. box.

If the corporation received a Form 1120 tax package, use the preprinted label. Cross out any errors and print the correct information on the label.

Item A. Identifying Information

Consolidated Return (Form 1120 Only)

Corporations filing a consolidated return must attach Form 851, Affiliations Schedule, and other supporting statements to the return. Also, for the first year a subsidiary corporation is being included in a consolidated return, attach Form 1122, Authorization and Consent of Subsidiary Corporation To Be Included in a Consolidated Income Tax Return, to the parent's consolidated return. Attach a separate Form 1122 for each subsidiary being included in the consolidated return.

File supporting statements for each corporation included in the consolidated return. Do not use Form 1120 as a supporting statement. On the supporting statement, use columns to show the following, both before and after adjustments.

  1. Items of gross income and deductions.

  2. A computation of taxable income.

  3. Balance sheets as of the beginning and end of the tax year.

  4. A reconciliation of income per books with income per return.

  5. A reconciliation of retained earnings.

Enter on Form 1120 the totals for each item of income, gain, loss, expense, or deduction, net of eliminating entries for intercompany transactions between corporations within the consolidated group. Attach consolidated balance sheets and a reconciliation of consolidated retained earnings.

tip
The corporation does not have to complete (3), (4), and (5) above, if its total receipts (line 1a plus lines 4 through 10 on page 1 of the return) and its total assets at the end of the tax year are less than $250,000.

For more information on consolidated returns, see the regulations under section 1502.

Common parent of a life-nonlife consolidated group.   If the corporation is the common parent of a consolidated group that includes a life-nonlife insurance company, attach a statement to the return that includes the name and employer identification number (EIN) of the common parent and indicates that this corporation is the common parent of a life-nonlife consolidated group. See Temporary Regulations section 1.1502-47T(s) for more details.

Personal Holding Company (Form 1120 Only)

A personal holding company must attach to Form 1120 a Schedule PH (Form 1120), U.S. Personal Holding Company (PHC) Tax. See the instructions for Schedule PH (Form 1120) for details.

Personal Service Corporation

A personal service corporation is a corporation whose principal activity for the testing period (generally the prior tax year unless the corporation has just been formed) for tax year is the performance of personal services. Personal services include any activity performed in the fields of accounting, actuarial science, architecture, consulting, engineering, health, law, and the performing arts. The services must be substantially performed by employee-owners. See Pub. 542 for more details.

A personal service corporation must use a calendar tax year unless:

  • It elects to use a 52-53-week tax year that ends with reference to the calendar year or tax year elected under section 444;

  • It can establish a business purpose for a different tax year and obtains the approval of the IRS (see Form 1128 and Pub. 538); or

  • It elects under section 444 to have a tax year other than a calendar year. To make the election, use Form 8716, Election To Have a Tax Year Other Than a Required Tax Year.

If a corporation makes the section 444 election, its deduction for certain amounts paid to employee-owners may be limited. See Schedule H (Form 1120), Section 280H Limitations for a Personal Service Corporation (PSC), to figure the maximum deduction.

If a section 444 election is terminated and the termination results in a short tax year, type or print at the top of the first page of Form 1120 or Form 1120-A for the short tax year “SECTION 444 ELECTION TERMINATED.” See Temporary Regulations section 1.444-1T(a)(5) for more information.

For more information regarding a personal service corporation, see Pub. 542.

Schedule M-3 (Form 1120 Only)

A corporation with total assets (non-consolidated or consolidated for all corporations included within a tax consolidation group) of $10 million or more on the last day of the tax year must complete Schedule M-3, Net Income (Loss) Reconciliation for Corporations With Total Assets of $10 Million or More, instead of Schedule M-1. A corporation filing Form 1120 that is not required to file Schedule M-3 may voluntarily file Schedule M-3 instead of Schedule M-1.

If you are filing Schedule M-3, check the “Schedule M-3 required” box at the top of page 1 of Form 1120. See the Instructions for Schedule M-3 for more details.

Item B. Employer Identification Number (EIN)

Enter the corporation's EIN. If the corporation does not have an EIN, it must apply for one. An EIN can 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 7:00 a.m. to 10:00 p.m. 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, enter “Applied for” and the date you applied in the space for the EIN. For more details, see the instructions for Form SS-4.

The online application process is not yet available for corporations with addresses in foreign countries or Puerto Rico.

Item D. Total Assets

Enter the corporation's total assets (as determined by the accounting method regularly used in keeping the corporation's books and records) at the end of the tax year. If there are no assets at the end of the tax year, enter -0-.

If the corporation is required to complete Schedule L, enter total assets from Schedule L, line 15, column (d) on page 1, item D. If filing a consolidated return, report total consolidated assets for all corporations joining in the return.

Item E. Initial Return, Final Return, Name Change, or Address Change

  • If this is the corporation's first return, check the “Initial return” box.

  • If this is the corporation's final return and it will no longer exist, check the “Final return” box.

  • If the corporation changed its name since it last filed a return, check the box for “Name change.” Generally, a corporation also must have amended its articles of incorporation and filed the amendment with the state in which it was incorporated.

  • If the corporation has changed its address since it last filed a return (including a change to an “in care of” address), check the box for “Address change.

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.

Income

Except as otherwise provided in the Internal Revenue Code, gross income includes all income from whatever source derived.

Extraterritorial income.   Gross income generally does not include extraterritorial income that is qualifying foreign trade income. Use Form 8873, Extraterritorial Income Exclusion, to figure the exclusion. Include the exclusion in the total for “Other deductions” on line 26, Form 1120 (line 22, Form 1120-A). See the Instructions for Form 8873 for more information.

Income from qualifying shipping activities.   Gross income does not include income from qualifying shipping activities if the corporation makes an election under section 1354 to be taxed on its notional shipping income (as defined in section 1353) at the highest corporate tax rate (35%). If the election is made, the corporation generally may not claim any loss, deduction, or credit with respect to qualifying shipping activities. A corporation making this election also may elect to defer gain on the disposition of a qualifying vessel.

  Use Form 8902, Alternative Tax on Qualifying Shipping Activities, to figure the tax. Include the alternative tax on Schedule J, line 9.

Line 1. Gross Receipts or Sales

Enter gross receipts or sales from all business operations except those that must be reported on lines 4 through 10. 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 advance payments for services and certain goods by an accrual method corporation, see Rev. Proc. 2004-34, 2004-22 I.R.B. 991.

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.

  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).

  For sales of timeshares and residential lots reported under the installment method, the corporation's income tax is increased by the interest payable under section 453(l)(3). Report this addition to the tax on line 9, Schedule J, Form 1120 (Part I, line 4, Form 1120-A).

  Enter on line 1 (and carry to line 3), 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: (a) gross sales, (b) cost of goods sold, (c) gross profits, (d) percentage of gross profits to gross sales, (e) amount collected, and (f) gross profit on the amount collected.

Nonaccrual experience method.   Accrual method corporations are not required to accrue certain amounts to be received from the performance of services that, on the basis of their experience, will not be collected, if:
  • The services are in the fields of health, law, engineering, architecture, accounting, actuarial science, performing arts, or consulting, or

  • The corporation's average annual gross receipts for the 3 prior tax years does not exceed $5 million.

  This provision does not apply to any amount if interest is required to be paid on the amount or if there is any penalty for failure to timely pay the amount. For more information, see section 448(d)(5) and Regulations section 1.448-2.

  Corporations that qualify to use the nonaccrual experience method should attach a schedule showing total gross receipts, the amount not accrued as a result of the application of section 448(d)(5), and the net amount accrued. Enter the net amount on line 1a.

Line 2. Cost of Goods Sold

Enter the cost of goods sold on line 2, page 1. Before making this entry, a Form 1120 filer must complete Schedule A on page 2 of Form 1120. See the Schedule A instructions on page 13. Form 1120-A filers can use the worksheet on page 13 to figure the amount to enter on line 2.

Line 4. Dividends

Form 1120 filers.   See the instructions for Schedule C. Then, complete Schedule C and enter on line 4 the amount from Schedule C, line 19.

Form 1120-A filers.   Enter the total dividends received (that are not from debt-financed stock) from domestic corporations that qualify for the 70% dividends-received deduction.

Line 5. Interest

Enter taxable interest on U.S. obligations and on loans, notes, mortgages, bonds, bank deposits, corporate bonds, tax refunds, etc. Do not offset interest expense against interest income. Special rules apply to interest income from certain below-market-rate loans. See section 7872 for details.

Report tax-exempt interest income on Schedule K, item 9 (Part II, item 3, Form 1120-A). Also, if required, include the same amount on Schedule M-1, line 7; Form 1120-A, Part IV, line 6; or Schedule M-3 (Form 1120), Part II, line 13.

Line 6. Gross Rents

Enter the gross amount received for the rental of property. Deduct expenses such as repairs, interest, taxes, and depreciation on the proper lines for deductions. A rental activity held by a closely held corporation or a personal service corporation may be subject to the passive activity loss rules. See Passive activity limitations on page 8.

Line 10. Other Income

Enter any other taxable income not reported on lines 1 through 9. 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 10.

Examples of other income to report on line 10 include the following.

  1. Recoveries of bad debts deducted in prior years under the specific charge-off method.

  2. The amount included in income from Form 6478, Credit for Alcohol Used as Fuel.

  3. The amount included in income from Form 8864, Biodiesel and Renewable Diesel Fuels Credit.

  4. Refunds of taxes deducted in prior years to the extent they reduced income subject to tax in the year deducted (see section 111). Do not offset current year taxes against tax refunds.

  5. Any recapture amount under section 179A for certain clean-fuel vehicle property (or clean-fuel vehicle refueling property) that ceases to qualify. See Regulations section 1.179A-1 for details.

  6. Ordinary income from trade or business activities of a partnership (from Schedule K-1 (Form 1065 or 1065-B)). Do not offset ordinary losses against ordinary income. Instead, include the losses on line 26, Form 1120 (line 22, Form 1120-A). Show the partnership's name, address, and EIN on a separate statement attached to this return. If the amount entered is from more than one partnership, identify the amount from each partnership.

  7. Any LIFO recapture amount under section 1363(d). The corporation may have to include a LIFO recapture amount in income if it:

    1. Used the LIFO inventory method for its last tax year before the first tax year for which it elected to become an S corporation or

    2. Transferred LIFO inventory assets to an S corporation in a nonrecognition transaction in which those assets were transferred basis property.

    The LIFO recapture amount is the amount by which the C corporation's inventory under the FIFO method exceeds the inventory amount under the LIFO method at the close of the corporation's last tax year as a C corporation (or for the year of the transfer, if (b) above applies). For more information, see Regulations section 1.1363-2 and Rev. Proc. 94-61, 1994-2 C.B. 775. Also see the instructions for Schedule J, line 10.

  8. Any net positive section 481(a) adjustment. The corporation may have to make an adjustment under section 481(a) to prevent amounts of income or expense from being duplicated or omitted. The section 481(a) adjustment period is generally 1 year for a net negative adjustment and 4 years for a net positive adjustment. However, a corporation can elect to use a 1-year adjustment period if the net section 481(a) adjustment for the change is less than $25,000. The corporation must complete the appropriate lines of Form 3115 to make the election. If the net section 481(a) adjustment is negative, report it on line 26, Form 1120 (line 22, Form 1120-A).

Deductions

Limitations on Deductions

Section 263A uniform capitalization rules.   The uniform capitalization rules of section 263A generally require corporations to capitalize, or include in inventory, certain costs incurred in connection with:
  • The production of real property 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.

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

  Corporations subject to the section 263A uniform capitalization rules are required to capitalize:
  1. Direct costs and

  2. An allocable part of most indirect costs (including taxes) that (a) benefit the assets produced or acquired for resale or (b) are incurred because of the performance of production or resale activities.

  For inventory, some of the indirect expenses that must be capitalized are:
  • Administration expenses;

  • Taxes;

  • Depreciation;

  • Insurance;

  • Compensation paid to officers attributable to services;

  • Rework labor; and

  • 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 deductible.

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.

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 the following.
  • Personal property acquired for resale if the corporation's average annual gross receipts for the 3 prior tax years were $10 million or less.

  • Timber.

  • Most property produced under a long-term contract.

  • Certain property produced in a farming business.

  • Research and experimental costs under section 174.

  • Geological and geophysical costs amortized under section 167(h).

  • 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 Cost of Goods Sold on page 13.

  For more details on the uniform capitalization rules, see Regulations sections 1.263A-1 through 1.263A-3. See Regulations section 1.263A-4 for rules for property produced in a farming business.

Transactions between related taxpayers.   Generally, an accrual basis taxpayer can only deduct business expenses and interest owed to a related party in the year the payment is included in the income of the related party. See sections 163(e)(3),163(j), and 267 for limitations on deductions for unpaid interest and expenses.

Section 291 limitations.   Corporations may be required to adjust deductions for depletion of iron ore and coal, intangible drilling and exploration and development costs, certain deductions for financial institutions, and the amortizable basis of pollution control facilities. See section 291 to determine the amount of the adjustment. Also see section 43.

Golden parachute payments.   A portion of the payments made by a corporation to key personnel that exceeds their usual compensation may not be deductible. This occurs when the corporation has an agreement (golden parachute) with these key employees to pay them these excess amounts if control of the corporation changes. See section 280G and Regulations section 1.280G-1.

Business start-up and organizational costs.   Business start-up and organizational costs must be capitalized unless an election is made to deduct or amortize them. The corporation can elect to amortize costs paid or incurred before October 23, 2004, over a period of 60 months or more. For costs paid or incurred after October 22, 2004, the following rules apply separately to each category of costs.
  • The corporation can elect to deduct up to $5,000 of such costs for the year the corporation begins business operations.

  • The $5,000 deduction is reduced (but not below zero) by the amount the total costs exceed $50,000. If the total costs are $55,000 or more, the deduction is reduced to zero.

  • If the election is made, any costs that are not deducted must be amortized ratably over a 180-month period.

  In all cases, the amortization period begins the month the corporation begins business operations. For more details on the election for business start-up and organizational costs, see Pub. 535.

  Attach any statement required by Regulations sections 1.195-1(b) or 1.248-1(c). Report the deductible amount of these costs and any amortization on line 26 (line 22 of Form 1120-A). For amortization that begins during the 2006 tax year, complete and attach Form 4562.

Passive activity limitations.   Limitations on passive activity losses and credits under section 469 apply to personal service corporations (defined on page 6) and closely held corporations (defined below).

  Generally, the two kinds of passive activities are:
  • Trade or business activities in which the corporation did not materially participate for the tax year; and

  • Rental activities, regardless of its participation.

For exceptions, see Form 8810, Corporate Passive Activity Loss and Credit Limitations.

  Corporations subject to the passive activity limitations must complete Form 8810 to compute their allowable passive activity loss and credit. Before completing Form 8810, see Temporary Regulations section 1.163-8T, which provides rules for allocating interest expense among activities. If a passive activity is also subject to the earnings stripping rules of section 163(j), the at-risk rules of section 465, or the tax-exempt use loss rules of section 470, those rules apply before the passive loss rules.

  For more information, see section 469, the related regulations, and Pub. 925, Passive Activity and At-Risk Rules.

Closely held corporations.    A corporation is a closely held corporation if:
  • At any time during the last half of the tax year more than 50% in value of its outstanding stock is directly or indirectly owned by or for not more than five individuals, and

  • The corporation is not a personal service corporation.

   Certain organizations are treated as individuals for purposes of this test. See section 542(a)(2). For rules for determining stock ownership, see section 544 (as modified by section 465(a)(3)).

Reducing certain expenses for which credits are allowable.   If the corporation claims any of the following credits, it may need to reduce the otherwise allowable deductions for expenses used to figure the credit.
  • Employment credits. See the instructions for line 13 on page 9.

  • Research credit.

  • Orphan drug credit.

  • Disabled access credit.

  • Employer credit for social security and Medicare taxes paid on certain employee tips.

  • Credit for small employer pension plan startup costs.

  • Credit for employer-provided childcare facilities and services.

  • Low sulfur diesel fuel production credit.

  • Mine rescue team training credit.

  If the corporation has any of these credits, figure each current year credit before figuring the deduction for expenses on which the credit is based. See the instructions for the form used to figure the applicable credit.

Limitations on deductions related to property leased to tax-exempt entities.   If a corporation leases property to a governmental or other tax-exempt entity, the corporation can not claim deductions related to the property to the extent that they exceed the corporation's income from the lease payments (tax-exempt use loss). Amounts disallowed may be carried over to the next tax year and treated as a deduction with respect to the property for that tax year. See section 470 for more details and exceptions.

Line 12. Compensation of Officers

Enter deductible officers' compensation on line 12. See Employment credits on page 9 for a list of employment credits that may reduce your deduction for officers' compensation. Do not include compensation deductible elsewhere on the return, such as amounts 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.

Form 1120 filers must complete Schedule E if their total receipts (line 1a, plus lines 4 through 10) are $500,000 or more. Include only the deductible part of each officer's compensation on Schedule E. See Disallowance of deduction for employee compensation in excess of $1 million below. Complete Schedule E, line 1, columns (a) through (f), for all officers. The corporation determines who is an officer under the laws of the state where it is incorporated.

If a consolidated return is filed, each member of an affiliated group must furnish this information.

Disallowance of deduction for employee compensation in excess of $1 million.   Publicly held corporations cannot deduct compensation to a “covered employee” to the extent that the compensation exceeds $1 million. Generally, a covered employee is:
  • The chief executive officer of the corporation (or an individual acting in that capacity) as of the end of the tax year or

  • An employee whose total compensation must be reported to shareholders under the Securities Exchange Act of 1934 because the employee is among the four highest compensated officers for that tax year (other than the chief executive officer).

  For this purpose, compensation does not include the following.
  • Income from certain employee trusts, annuity plans, or pensions.

  • Any benefit paid to an employee that is excluded from the employee's income.

  The deduction limit does not apply to:
  • Commissions based on individual performance,

  • Qualified performance-based compensation, and

  • Income payable under a written, binding contract in effect on February 17, 1993.

  The $1 million limit is reduced by amounts disallowed as excess parachute payments under section 280G.

  For details, see section 162(m) and Regulations section 1.162-27.

Line 13. Salaries and Wages

Enter the total salaries and wages paid for the tax year. Do not include salaries and wages deductible elsewhere on the return, such as amounts included in officers' compensation, 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.

Caution
If the corporation provided taxable fringe benefits to its employees, such as personal use of a car, do not deduct as wages the amount allocated for depreciation and other expenses claimed on lines 20 and 26, Form 1120 (lines 20 and 22, Form 1120-A).

Employment credits.   If the corporation claims a credit on any of the following forms, it may need to reduce its deduction for officer's compensation and salaries and wages. See the applicable form for details.
  • Form 5884, Work Opportunity Credit;

  • Form 5884-A, Credits for Employers Affected by Hurricane Katrina, Rita, or Wilma;

  • Form 8844, Empowerment Zone and Renewal Community Employment Credit;

  • Form 8845, Indian Employment Credit; and

  • Form 8861, Welfare-to-Work Credit.

Line 14. Repairs and Maintenance

Enter the cost of incidental repairs and maintenance not claimed elsewhere on the return, such as labor and supplies, that do not add to the value of the property or appreciably prolong its life. New buildings, machinery, or permanent improvements that increase the value of the property are not deductible. They must be depreciated or amortized.

Line 15. Bad Debts

Enter the total debts that became worthless in whole or in part during the tax year. A small bank or thrift institution using the reserve method of section 585 should attach a schedule showing how it figured the current year's provision. A cash basis taxpayer cannot claim a bad debt deduction unless the amount was previously included in income.

Line 16. Rents

If the corporation rented or leased a vehicle, enter the total annual rent or lease expense paid or incurred during the year. 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: And the vehicle's FMV on the first day of the lease exceeded:
After 12/31/04 but before 1/1/07 $15,200
After 12/31/03 but before 1/1/05 $17,500
After 12/31/02 but before 1/1/04 $18,000
After 12/31/98 but before 1/1/03 $15,500
If the lease term began before January 1, 1999, see Pub. 463, Travel, Entertainment, Gift, and Car Expenses, to find out if the corporation has an inclusion amount. The inclusion amount for lease terms beginning in 2007 will be published in the Internal Revenue Bulletin in early 2007.

See Pub. 463 for instructions on figuring the inclusion amount.

Line 17. Taxes and Licenses

Enter taxes paid or accrued during the tax year, but do not include the following.

  • Federal income taxes.

  • Foreign or U.S. possession income taxes if a foreign tax credit is claimed.

  • 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 18. Interest

Do not offset interest income against interest expense.

The corporation must make an interest allocation if the proceeds of a loan were used for more than one purpose (for example, to purchase a portfolio investment and to acquire an interest in a passive activity). See Temporary Regulations section 1.163-8T for the interest allocation rules.

Mutual savings banks, building and loan associations, and cooperative banks can deduct the amounts paid or credited to the accounts of depositors as dividends, interest, or earnings. See section 591.

Do not deduct the following interest.

  • Interest on indebtedness incurred or continued to purchase or carry obligations if the interest is wholly exempt from income tax. For exceptions, see section 265(b).

  • For cash basis taxpayers, prepaid interest allocable to years following the current tax year. For example, a cash basis calendar year taxpayer who in 2006 prepaid interest allocable to any period after 2006 can deduct only the amount allocable to 2006.

  • Interest and carrying charges on straddles. Generally, these amounts must be capitalized. See section 263(g).

  • Interest on debt allocable to the production of designated property by a corporation for its own use or for sale. The corporation must capitalize this interest. Also capitalize any interest on debt allocable to an asset used to produce the property. See section 263A(f) and Regulations sections 1.263A-8 through 1.263A-15 for definitions and more information.

  • Interest paid or incurred on any portion of an underpayment of tax that is attributable to an understatement arising from an undisclosed listed transaction or an undisclosed reportable avoidance transaction (other than a listed transaction) entered into in tax years beginning after October 22, 2004.

Special rules apply to:

  • Interest on which no tax is imposed (see section 163(j)). For tax years beginning after May 16, 2006, a corporation that owns an interest in a partnership, directly or indirectly, must treat its distributive share of the partnership liabilities, interest income, and interest expense as liabilities, income, and expenses of the corporation for purposes of applying the earnings stripping rules. For more details, see section 163(j)(8).

  • Foregone interest on certain below-market-rate loans (see section 7872).

  • Original issue discount on certain high-yield discount obligations. (See section 163(e) to figure the disqualified portion.)

  • Interest which is allocable to unborrowed policy cash values of life insurance, endowment, or annuity contracts issued after June 8, 1997. See section 264(f). Attach a statement showing the computation of the deduction.

Line 19. Charitable Contributions

Enter contributions or gifts actually paid within the tax year to or for the use of charitable and governmental organizations described in section 170(c) and any unused contributions carried over from prior years. Special rules and limits apply to contributions to organizations conducting lobbying activities. See section 170(f)(9).

Corporations reporting taxable income on the accrual method can elect to treat as paid during the tax year any contributions paid by the 15th day of the 3rd month after the end of the tax year if the contributions were authorized by the board of directors during the tax year. Attach a declaration to the return stating that the resolution authorizing the contributions was adopted by the board of directors during the tax year. The declaration must include the date the resolution was adopted. See Regulations section 1.170A-11.

Limitation on deduction.   The total amount claimed cannot be more than 10% of taxable income (line 30, Form 1120, or line 26, Form 1120-A) computed without regard to the following.
  • Any deduction for contributions.

  • The special deductions on line 29b, Form 1120 (line 25b, Form 1120-A).

  • The deduction allowed under section 249.

  • The domestic production activities deduction under section 199.

  • Any net operating loss (NOL) carryback to the tax year under section 172.

  • Any capital loss carryback to the tax year under section 1212(a)(1).

Suspension of 10% limitation for farmers and ranchers.   For tax years beginning in 2006, a corporation that is a qualified farmer or rancher (as defined in section 170(b)(1)(E)) that does not have publicly traded stock, can deduct contributions of qualified conservation property without regard to the general 10% limit. The total amount of the contribution claimed for the qualified conservation property cannot exceed 100% of the excess of the corporation's taxable income (as computed above substituting “100%” for “10%”) over all other allowable charitable contributions. Any excess qualified conservation contributions can be carried over to the next 15 years subject to the 100% limitation. See section 170(b)(2)(B).

  For contributions made after August 17, 2006, contributed conservation property that is used in agriculture or livestock production must remain available for such production.

Carryover.   Charitable contributions over the 10% limitation cannot be deducted for the tax year but can be carried over to the next 5 tax years.

  Special rules apply if the corporation has an NOL carryover to the tax year. In figuring the charitable contributions deduction for the current tax year, the 10% limit is applied using the taxable income after taking into account any deduction for the NOL.

  To figure the amount of any remaining NOL carryover to later years, taxable income must be modified (see section 172(b)). To the extent that contributions are used to reduce taxable income for this purpose and increase an NOL carryover, a contributions carryover is not allowed. See section 170(d)(2)(B).

Substantiation requirements.   Generally, no deduction is allowed for any contribution of $250 or more unless the corporation gets a written acknowledgment from the donee organization that shows the amount of cash contributed, describes any property contributed, and, either gives a description and a good faith estimate of the value of any goods or services provided in return for the contribution or states that no goods or services were provided in return for the contribution. The acknowledgment must be obtained by the due date (including extensions) of the corporation's return, or, if earlier, the date the return is filed. Do not attach the acknowledgment to the tax return, but keep it with the corporation's records.

  

For contributions of cash, check, or other monetary gifts (regardless of the amount), made in tax years beginning after August 17, 2006, the corporation must maintain a bank record, or a receipt, letter, or other written communication from the donee organization indicating the name of the organization, the date of the contribution, and the amount of the contribution.

Contributions of property other than cash.   If a corporation (other than a closely held or personal service corporation) contributes property other than cash and claims over a $500 deduction for the property, it must attach a schedule to the return describing the kind of property contributed and the method used to determine its fair market value (FMV). Closely held corporations and personal service corporations must complete Form 8283, Noncash Charitable Contributions, and attach it to their returns. All other corporations generally must complete and attach Form 8283 to their returns for contributions of property (other than money) if the total claimed deduction for all property contributed was more than $5,000. Special rules apply to the contribution of certain property. See the Instructions for Form 8283.

Special rules for contributions of certain easements in registered historic districts.   The following rules apply to certain contributions of real property interests located in a registered historic district.
  • For contributions made after July 25, 2006, a deduction is allowed for the qualified real property interest, if the exterior of the building (including the front, side, rear, and space above the building) is preserved and no portion of the exterior is changed in a manner that is inconsistent with its historical character. For more details, see section 170(h)(4)(B).

  • For contributions made after August 17, 2006, a deduction is allowed for the building only (no deduction is allowed for a structure or land) if located in a registered historic district. However, if listed in the National Register, a deduction is also allowed for structures or land areas. For more information, see section 170(h)(4)(C).

  • For contributions made in tax years beginning after August 17, 2006, the corporation must also include the following information with the tax return.

    1. A qualified appraisal (as defined in section 170(f)(11)(E)) of the qualified property interest,

    2. Photographs of the entire exterior of the building, and

    3. A description of all restrictions on the development of the building. See section 170(h)(4)(B)(iii).

  • The corporation's deduction may be reduced if rehabilitation credits were claimed on the building. See section 170(f)(14).

  • A $500 filing fee may apply to certain deductions over $10,000. See section 170(f)(13).

Other special rules.   The corporation must reduce its deduction for contributions of certain capital gain property. See sections 170(e)(1) and 170(e)(5).

  A larger deduction is allowed for certain contributions of:
  • Inventory and other property to certain organizations for use in the care of the ill, needy, or infants (section 170(e)(3)), including contributions of “apparently wholesome food” (section 170(e)(3)(C)) and contributions of qualified book inventory to public schools (section 170(e)(3)(D)), and

  • Scientific equipment used for research to institutions of higher learning or to certain scientific research organizations (other than by personal holding companies and service organizations (section 170(e)(4)).

  • Computer technology and equipment for educational purposes (section 170(e)(6)).

For more information on charitable contributions, including substantiation and recordkeeping requirements, see section 170 and the related regulations and Pub. 526, Charitable Contributions. For other special rules that apply to corporations, see Pub. 542.

Line 20. Depreciation

Include on line 20 depreciation and the cost of certain property that the corporation elected to expense under section 179. See Form 4562 and its instructions.

Line 21. Depletion (Form 1120 Only)

See sections 613 and 613A for percentage depletion rates applicable to natural deposits. Also see section 291 for the limitation on the depletion deduction for iron ore and coal (including lignite).

Attach Form T (Timber), Forest Activities Schedule, if a deduction for depletion of timber is taken.

Foreign intangible drilling costs and foreign exploration and development costs must either be added to the corporation's basis for cost depletion purposes or be deducted ratably over a 10-year period. See sections 263(i), 616, and 617 for details.

See Pub. 535 for more information on depletion.

Line 23. Pension, Profit-Sharing, etc., Plans (Form 1120 Only)

Enter the deduction for contributions to qualified pension, profit-sharing, or other funded deferred compensation plans. Employers who maintain such a plan generally must file one of the forms listed below, even if the plan is not a qualified plan under the Internal Revenue Code. The filing requirement applies even if the corporation does not claim a deduction for the current tax year. There are penalties for failure to file these forms on time and for overstating the pension plan deduction. See sections 6652(e) and 6662(f).

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.

Line 24. Employee Benefit Programs (Form 1120 Only)

Enter contributions to employee benefit programs not claimed elsewhere on the return (for example, insurance, health and welfare programs, etc.) that are not an incidental part of a pension, profit-sharing, etc., plan included on line 23.

Line 26, Form 1120 (Line 22, Form 1120-A). Other Deductions

Attach a schedule, listing by type and amount, all allowable deductions that are not deductible elsewhere on Form 1120 or Form 1120-A. Form 1120-A filers should include amounts described in the instructions above for lines 21, 23, and 24 of Form 1120. Enter the total of other deductions on line 26, Form 1120 (line 22, Form 1120-A).

Examples of other deductions include the following. See Pub. 535 for details on other deductions that may apply to corporations.

  • Amortization. See Form 4562.

  • Certain costs of qualified film or television productions. See section 181.

  • Certain business start-up and organizational costs the corporation elects to deduct. See page 8.

  • Reforestation costs. The corporation can elect to deduct up to $10,000 of qualifying reforestation expenses for each qualified timber property. The corporation can elect to amortize over 84 months any amount not deducted. See Pub. 535.

    The limit for a small timber producer is increased by the smaller of $10,000 or the amount of qualified reforestation expenses paid or incurred during the tax year, for (a) qualified timber property any portion of which is located in the Gulf Opportunity Zone (GO Zone), (b) qualified timber property any portion of which is located in the Rita GO Zone and no portion is located in the GO Zone, and (c) qualified timber property any portion of which is located in the Wilma GO Zone. See Pub. 4492, Information for Taxpayers Affected by Hurricanes Katrina, Rita, and Wilma, for a list of areas included in the GO Zone, the Rita GO Zone, and the Wilma GO Zone.

    The increased limit does not apply to any timber producer who (a) held more than 500 acres of qualified timber property at any time during the tax year, (b) is a corporation with stock publicly traded on an established securities market, or (c) is a real estate investment trust. See section 1400N(i) for details.

  • Insurance premiums.

  • Legal and professional fees.

  • Supplies used and consumed in the business.

  • Travel and entertainment expenses. Special rules apply (discussed below).

  • Utilities.

  • Ordinary losses from trade or business activities of a partnership (from Schedule K-1 (Form 1065 or 1065-B)). Do not offset ordinary income against ordinary losses. Instead, include the income on line 10. Show the partnership's name, address, and EIN on a separate statement attached to this return. If the amount is from more than one partnership, identify the amount from each partnership.

  • Any extraterritorial income exclusion (from Form 8873, line 54).

  • Any negative net section 481(a) adjustment. See the instructions for line 10.

  • Deduction for certain energy efficient commercial building property. See section 179D and Notice 2006-52, 2006-26 I.R.B. 1175.

  • GO Zone clean-up cost. The corporation can elect to deduct certain costs paid or incurred during the tax year for the removal of debris from, or the demolition of structures on certain real property located in the GO Zone. See section 1400N(f).

  • Dividends paid in cash on stock held by an employee stock ownership plan.

However, a deduction can only be taken for the dividends above if, according to the plan, the dividends are:

  1. Paid in cash directly to the plan participants or beneficiaries;

  2. Paid to the plan, which distributes them in cash to the plan participants or their beneficiaries no later than 90 days after the end of the plan year in which the dividends are paid;

  3. At the election of such participants or their beneficiaries (a) payable as provided under 1or 2 above or (b) paid to the plan and reinvested in qualifying employer securities; or

  4. Used to make payments on a loan described in section 404(a)(9).

See section 404(k) for more details and the limitation on certain dividends.

Do not deduct the following.

  • Fines or penalties paid to a government for violating any law.

  • Any amount that is allocable to a class of exempt income. See section 265(b) for exceptions.

  • Lobbying expenses. However, see exceptions (discussed below).

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 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 can 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 cannot 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.

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

  However, if the recipient is an officer, director, or beneficial owner (directly or indirectly) of more than 10% of any class of stock, the deductible expense is limited. See section 274(e)(2) and Notice 2005-45, 2005-24 I.R.B. 1228.

Lobbying expenses.    Generally, lobbying expenses are not deductible. These expenses include:
  • Amounts paid or incurred in connection with influencing federal or state legislation (but not local legislation) or

  • Amounts paid or incurred in connection with any communication with certain federal executive branch officials in an attempt to influence the official actions or positions of the officials. See Regulations section 1.162-29 for the definition of “influencing legislation.

   Dues and other similar amounts paid to certain tax-exempt organizations may not be deductible. See section 162(e)(3). If certain in-house lobbying expenditures do not exceed $2,000, they are deductible.

Line 28, Form 1120 (Line 24, Form 1120-A). Taxable Income Before NOL Deduction and Special Deductions

At-risk rules.   Generally, special at-risk rules under section 465 apply to closely held corporations (see Passive activity limitations on page 8) engaged in any activity as a trade or business or for the production of income. These corporations may have to adjust the amount on line 28, Form 1120, or line 24, Form 1120-A. (See below.)

  The at-risk rules do not apply to:
  • Holding real property placed in service by the taxpayer before 1987;

  • Equipment leasing under sections 465(c)(4), (5), and (6); or

  • Any qualifying business of a qualified corporation under section 465(c)(7).

  However, the at-risk rules do apply to the holding of mineral property.

  If the at-risk rules apply, adjust the amount on this line for any section 465(d) losses. These losses are limited to the amount for which the corporation is at risk for each separate activity at the close of the tax year. If the corporation is involved in one or more activities, any of which incurs a loss for the year, report the losses for each activity separately. Attach Form 6198, At-Risk Limitations, showing the amount at risk and gross income and deductions for the activities with the losses.

  If the corporation sells or otherwise disposes of an asset or its interest (either total or partial) in an activity to which the at-risk rules apply, determine the net profit or loss from the activity by combining the gain or loss on the sale or disposition with the profit or loss from the activity. If the corporation has a net loss, it may be limited because of the at-risk rules.

  Treat any loss from an activity not allowed for the tax year as a deduction allocable to the activity in the next tax year.

Line 29a, Form 1120 (Line 25a, Form 1120-A). Net Operating Loss Deduction

A corporation can use the NOL incurred in one tax year to reduce its taxable income in another tax year. Enter on line 29a (line 25a, Form 1120-A), the total NOL carryovers from other tax years, but do not enter more than the corporation's taxable income (after special deductions). Attach a schedule showing the computation of the NOL deduction. Form 1120 filers must also complete item 12 on Schedule K.

The following special rules apply.

  • A personal service corporation may not carry back an NOL to or from any tax year to which an election under section 444 to have a tax year other than a required tax year applies.

  • A corporate equity reduction interest loss may not be carried back to a tax year preceding the year of the equity reduction transaction (see section 172(b)(1)(E)).

  • If an ownership change occurs, the amount of the taxable income of a loss corporation that may be offset by the pre-change NOL carryovers may be limited. See section 382 and the related regulations. A loss corporation must include the information statement as provided in Temporary Regulations section 1.382-11T(a), with its income tax return for each tax year that certain ownership shifts described in Temporary Regulations section 1.382-2T(a)(2)(i) occur. If the corporation makes the closing-of-the-books election, see Regulations section 1.382-6(b).

  • If a corporation acquires control of another corporation (or acquires its assets in a reorganization), the amount of pre-acquisition losses that may offset recognized built-in gain may be limited (see section 384).

  • If a corporation elects the alternative tax on qualifying shipping activities under section 1354, no deduction is allowed for an NOL attributable to the qualifying shipping activities to the extent that the loss is carried forward from a tax year preceding the first tax year for which the alternative tax election was made. See section 1358(b)(2).

  • Certain qualified GO Zone losses are eligible for a special 5-year carryback period. See section 1400N(k).

  • A corporation may elect to treat any Go Zone public utility casualty loss as a specified liability loss to which the 10-year carryback period applies. See the Instructions for Form 1139.

For more details on the NOL deduction, see section 172, the Instructions for Form 1139, and Pub. 542.

Line 29b, Form 1120 (Line 25b, Form 1120-A). Special Deductions

Form 1120 filers.   See the instructions for Schedule C on page 14.

Form 1120-A filers.   Generally, enter 70% of line 4, page 1, on line 25b. However, this deduction cannot be more than 70% of line 24, page 1. Compute line 24 without regard to any adjustment under section 1059 and without regard to any capital loss carryback to the tax year under section 1212(a)(1).

  In a year in which an NOL occurs, this 70% limitation does not apply even if the loss is created by the dividends-received deduction. See sections 172(d) and 246(b).

Tax and Payments

Line 30, Form 1120 (Line 26, Form 1120-A). Taxable Income

Minimum taxable income.   The corporation's taxable income cannot be less than the largest of the following amounts.
  • The inversion gain of the corporation for the tax year, if the corporation is an expatriated entity or a partner in an expatriated entity. For details, see section 7874.

  • The sum of the corporation's excess inclusions from Schedules Q (1066), line 2c, and the corporation's taxable income determined solely with respect to its ownership and high-yield interests in FASITs. For details, see sections 860E(a) and 860J.

Net operating loss (NOL).   If line 30 (figured without regard to the items listed above under minimum taxable income), is zero or less, the corporation may have an NOL that can be carried back or forward as a deduction to other tax years. Generally, a corporation first carries back an NOL 2 tax years. However, the corporation can elect to waive the carryback period and instead carry the NOL forward to future tax years. To make the election, see the instructions for Schedule K, item 11 on page 17.

  See Form 1139 for details, including other elections that may be available, which must be made no later than 6 months after the due date (excluding extensions) of the corporation's tax return.

Capital construction fund.   To take a deduction for amounts contributed to a capital construction fund (CCF), reduce the amount that would otherwise be entered on line 30 (line 26, Form 1120-A) by the amount of the deduction. On the dotted line next to the entry space, enter “CCF” and the amount of the deduction. For more information, see section 7518.

Line 32b, Form 1120 (Line 28b, Form 1120-A). Estimated Tax Payments

Enter any estimated tax payments the corporation made for the tax year.

Beneficiaries of trusts.   If the corporation is the 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 in the total for line 32b (line 28b, Form 1120-A). Enter “T” and the amount on the dotted line next to the entry space.

Special estimated tax payments for certain life insurance companies.   If the corporation is required to make or apply special estimated tax payments (SETP) under section 847 in addition to its regular estimated tax payments, enter on line 32b (line 28b, Form 1120-A), the corporation's total estimated tax payments. In the margin near line 32b, enter “Form 8816” and the amount. Attach a schedule showing your computation of estimated tax payments. See sections 847(2) and 847(8) and Form 8816, Special Loss Discount Account and Special Estimated Tax Payments for Insurance Companies, for more information.

Line 32c, Form 1120 (Line 28c, Form 1120-A). Overpaid estimated tax

If the corporation overpaid estimated tax, it may be able to get a quick refund by filing Form 4466. The overpayment must be at least 10% of the corporation's expected income tax liability and at least $500. File Form 4466 after the end of the corporation's tax year, and no later than the 15th day of the third month after the end of the tax year. Form 4466 must be filed before the corporation files its tax return.

Line 32f, Form 1120 (Line 28f, Form 1120-A)

Credit from Form 2439.   Enter any credit from Form 2439, Notice to Shareholder of Undistributed Long-Term Capital Gains, for the corporation's share of the tax paid by a regulated investment company (RIC) or a real estate investment trust (REIT) on undistributed long-term capital gains included in the corporation's income. Attach Form 2439 to Form 1120 or Form 1120-A.

Credit for federal tax on fuels.   Enter any credit from Form 4136, Credit for Federal Tax Paid on Fuels. Attach Form 4136 to Form 1120 or Form 1120-A.

Credit for tax on ozone-depleting chemicals.   Include on line 32f (line 28f, Form 1120-A) any credit the corporation is claiming under section 4682(g)(2) for tax on ozone-depleting chemicals. Enter “ODC” next to the entry space.

Line 32g, Form 1120 (Line 28g, Form 1120-A). Credit for Federal Telephone Excise Tax Paid

If the corporation was billed after February 28, 2003, and before August 1, 2006, for the federal telephone excise tax on long distance or bundled service, the corporation may be able to request a credit for the tax paid. The corporation had bundled service if its local and long distance service was provided under a plan that does not separately state the charge for local service. The corporation cannot request the credit if it has already received a credit or refund from its service provider. If the corporation requests the credit, it cannot ask its service provider for a credit or refund and must withdraw any request previously submitted to its provider.

The corporation can request the credit by attaching Form 8913, Credit for Federal Telephone Excise Tax Paid, showing the actual amount the corporation paid. The corporation also may be able to request the credit based on an estimate of the amount paid. See Form 8913 for details. In either case, the corporation must keep records to substantiate the amount of the credit requested.

Line 32h, Form 1120 (Line 28h, Form 1120-A). Total Payments

On Form 1120, add the amounts on lines 32d through 32g and enter the total on line 32h. On Form 1120-A, add the amounts on lines 28d through 28g and enter the total on line 28h.

Backup withholding.   If the corporation had federal income tax withheld from any payments it received because, for example, it failed to give the payer its correct EIN, include the amount withheld in the total for line 32h (line 28h, Form 1120-A). On Form 1120, enter the amount withheld and the words “Backup Withholding” in the blank space above line 32h. On Form 1120-A, show the amount withheld on the dotted line to the left of line 28h, and enter “Backup Withholding.

Line 33, Form 1120 (Line 29, Form 1120-A). Estimated Tax Penalty

If Form 2220 is attached, check the box on line 33 (line 29, Form 1120-A), and enter the amount of any penalty on this line.

Line 36, Form 1120 (Line 32, Form 1120-A). 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 tax return.

Schedule A, Form 1120 (Worksheet, Form 1120-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 can 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 prior tax years.

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 prior tax years, and (b) whose principal business activity is not an ineligible activity.

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 and the Instructions for Form 3115.

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.

All filers not using the cash method of accounting should see Section 263A uniform capitalization rules on page 7 before completing Schedule A (Form 1120) or the worksheet of Form 1120-A. The instructions for lines 1 through 7 that follow apply to Schedule A and the worksheet below.

Line 1. Inventory at Beginning of Year

If the corporation is changing its method of accounting for the current tax year, 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.

1. Inventory at beginning of year. Enter here and in Part III, line 3, column (a), Form 1120-A 1.  
2. Purchases. Enter here and in Part II, line 5a(1), Form 1120-A 2.  
3. Cost of labor. Enter here and include in total in Part II, line 5a(3), Form 1120-A 3.  
4. Additional section 263A costs. Enter here and in Part II, line 5a(2), Form 1120-A (see instruction for line 4) 4.  
5. Other costs. Enter here and include in Part II, line 5a(3), Form 1120-A 5.  
6. Total. Add lines 1 through 5 6.  
7. Inventory at end of year. Enter here and in Part III, line 3, column (b), Form 1120-A 7.  
8. Cost of goods sold. Subtract line 7 from line 6. Enter the result here and on page 1, line 2, Form 1120-A 8.  

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 but are now required to be capitalized under section 263A. For 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, assembling, 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 includible on lines 2, 3, and 5.

Line 5. Other Costs

Enter on line 5 any 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 9f. 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 can 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. Use Form 3115 to make this change.

On line 9a, check the method(s) used for valuing inventories. Under lower of cost or market, the term “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). The goods may be valued at the 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 had to write up the opening inventory to cost in the year of election, report the effect of the write-up as other income (line 10, page 1), proportionately over a 3-year period that begins with the year of the LIFO election (section 472(d)).

Corporations using the LIFO method that make an S corporation election or transfer LIFO inventory to an S corporation in a nonrecognition transaction may be subject to an additional tax attributable to the LIFO recapture amount. See the instructions for line 10, Schedule J, on page 16, and line 10, Other Income, on page 7.

For more information on inventory valuation methods, see Pub. 538.

Schedule C (Form 1120 Only)

For purposes of the 20% ownership test on lines 1 through 7, the percentage of stock owned by the corporation is based on voting power and value of the stock. Preferred stock described in section 1504(a)(4) is not taken into account. Corporations filing a consolidated return should see Regulations sections 1.1502-13, 1.1502-26, and 1.1502-27 before completing Schedule C.

Corporations filing a consolidated return must not report as dividends on Schedule C any amounts received from corporations within the tax consolidation group. Such dividends are eliminated in consolidation rather than offset by the dividends-received deduction.

Line 1, Column (a)

Enter dividends (except those received on debt-financed stock acquired after July 18, 1984-see section 246A) that are:

  • Received from less-than-20%-owned domestic corporations subject to income tax, and

  • Qualified for the 70% deduction under section 243(a)(1).

Also include on line 1 the following.

  • Taxable distributions from an IC-DISC or former DISC that are designated as eligible for the 70% deduction and certain dividends of Federal Home Loan Banks. See section 246(a)(2).

  • Dividends (except those received on debt-financed stock acquired after July 18, 1984) from a regulated investment company (RIC). The amount of dividends eligible for the dividends-received deduction under section 243 is limited by section 854(b). The corporation should receive a notice from the RIC specifying the amount of dividends that qualify for the deduction.

Report so-called dividends or earnings received from mutual savings banks, etc., as interest. Do not treat them as dividends.

Line 2, Column (a)

Enter on line 2:

  • Dividends (except those received on debt-financed stock acquired after July 18, 1984) that are received from 20%-or-more-owned domestic corporations subject to income tax and that are subject to the 80% deduction under section 243(c), and

  • Taxable distributions from an IC-DISC or former DISC that are considered eligible for the 80% deduction.

Line 3, Column (a)

Enter the following.

  • Dividends received on debt-financed stock acquired after July 18, 1984, from domestic and foreign corporations subject to income tax that would otherwise be subject to the dividends-received deduction under section 243(a)(1), 243(c), or 245(a). Generally, debt-financed stock is stock that the corporation acquired by incurring a debt (for example, it borrowed money to buy the stock).

  • Dividends received from a RIC on debt-financed stock. The amount of dividends eligible for the dividends-received deduction is limited by section 854(b). The corporation should receive a notice from the RIC specifying the amount of dividends that qualify for the deduction.

Line 3, Columns (b) and (c)

Dividends received on debt-financed stock acquired after July 18, 1984, are not entitled to the full 70% or 80% dividends-received deduction. The 70% or 80% deduction is reduced by a percentage that is related to the amount of debt incurred to acquire the stock. See section 246A. Also see section 245(a) before making this computation for an additional limitation that applies to dividends received from foreign corporations. Attach a schedule to Form 1120 showing how the amount on line 3, column (c), was figured.

Line 4, Column (a)

Enter dividends received on preferred stock of a less-than-20%-owned public utility that is subject to income tax and is allowed the deduction provided in section 247 for dividends paid.

Line 5, Column (a)

Enter dividends received on preferred stock of a 20%-or-more-owned public utility that is subject to income tax and is allowed the deduction provided in section 247 for dividends paid.

Line 6, Column (a)

Enter the U.S.-source portion of dividends that:

  • Are received from less-than-20%-owned foreign corporations, and

  • Qualify for the 70% deduction under section 245(a). To qualify for the 70% deduction, the corporation must own at least 10% of the stock of the foreign corporation by vote and value.

Also include dividends received from a less-than-20%-owned FSC that:

  • Are attributable to income treated as effectively connected with the conduct of a trade or business within the United States (excluding foreign trade income), and

  • Qualify for the 70% deduction under section 245(c)(1)(B).

Line 7, Column (a)

Enter the U.S.-source portion of dividends that:

  • Are received from 20%-or-more-owned foreign corporations, and

  • Qualify for the 80% deduction under section 245(a).

Also include dividends received from a 20%-or-more-owned FSC that:

  • Are attributable to income treated as effectively connected with the conduct of a trade or business within the United States (excluding foreign trade income), and

  • Qualify for the 80% deduction under section 245(c)(1)(B).

Line 8, Column (a)

Enter dividends received from wholly owned foreign subsidiaries that are eligible for the 100% deduction under section 245(b).

In general, the deduction under section 245(b) applies to dividends paid out of the earnings and profits of a foreign corporation for a tax year during which:

  • All of its outstanding stock is directly or indirectly owned by the domestic corporation receiving the dividends, and

  • All of its gross income from all sources is effectively connected with the conduct of a trade or business within the United States.

Line 9, Column (c)

Generally, line 9, column (c), cannot exceed the amount from the worksheet on page 15. However, in a year in which an NOL occurs, this limitation does not apply even if the loss is created by the dividends-received deduction. See sections 172(d) and 246(b).

Line 10, Columns (a) and (c)

Small business investment companies operating under the Small Business Investment Act of 1958 (see 15 U.S.C. 661 and following) must enter dividends that are received from domestic corporations subject to income tax even though a deduction is allowed for the entire amount of those dividends. To claim the 100% deduction on line 10, column (c), the company must file with its return a statement that it was a federal licensee under the Small Business Investment Act of 1958 at the time it received the dividends.

Line 11, Columns (a) and (c)

Enter only dividends that qualify under section 243(b) for the 100% dividends-received deduction described in section 243(a)(3). Corporations taking this deduction are subject to the provisions of section 1561.

The 100% deduction does not apply to affiliated group members that are joining in the filing of a consolidated return.

Line 12, Column (a)

Enter dividends from FSCs that are attributable to foreign trade income and that are eligible for the 100% deduction provided in section 245(c)(1)(A).

Line 13, Column (a)

Enter foreign dividends not reportable on lines 3, 6, 7, 8, 11, or 12 of column (a). Include on line 13 the corporation's share of the ordinary earnings of a qualified electing fund from line 1c of Form 8621, Return by a Shareholder of a Passive Foreign Investment Company or Qualifying Electing Fund. Exclude distributions of amounts constructively taxed in the current year or in prior years under subpart F (sections 951 through 964).

Line 14, Column (a)

Include income constructively received from CFCs under subpart F. This amount should equal the total subpart F income reported on Schedule I, Form 5471, Information Return of U.S. Persons With Respect to Certain Foreign Corporations.

Line 15, Column (a)

Include gross-up for taxes deemed paid under sections 902 and 960.

1. Refigure line 28, page 1, Form 1120, without any domestic production activities deduction, any adjustment under section 1059, and without any capital loss carryback to the tax year under section 1212(a)(1) 1.  
2. Complete lines 10, 11 and 12, column (c), and enter the total here 2.  
3. Subtract line 2 from line 1 3.  
4. Multiply line 3 by 80% 4.  
5. Add lines 2, 5, 7, and 8, column (c), and the part of the deduction on line 3, column (c), that is attributable to dividends from 20%-or-more-owned corporations 5.  
6. Enter the smaller of line 4 or 5. If line 5 is greater than line 4, stop here; enter the amount from line 6 on line 9, column (c), and do not complete the rest of this worksheet 6.  
7. Enter the total amount of dividends from 20%-or-more-owned corporations that are included on lines 2, 3, 5, 7, and 8, column (a) 7.  
8. Subtract line 7 from line 3 8.  
9. Multiply line 8 by 70% 9.  
10. Subtract line 5 above from line 9, column (c) 10.  
11. Enter the smaller of line 9 or line 10 11.  
12. Dividends-received deduction after limitation (sec. 246(b)). Add lines 6 and 11. Enter the result here and on line 9, column (c) 12.  

Line 16, Column (a)

Enter taxable distributions from an IC-DISC or former DISC that are designated as not eligible for a dividends-received deduction.

No deduction is allowed under section 243 for a dividend from an IC-DISC or former DISC (as defined in section 992(a)) to the extent the dividend:

  • Is paid out of the corporation's accumulated IC-DISC income or previously taxed income, or

  • Is a deemed distribution under section 995(b)(1).

Line 17, Column (a)

Include the following.

  1. Dividends (other than capital gain distributions reported on Schedule D (Form 1120) and exempt-interest dividends) that are received from RICs and that are not subject to the 70% deduction.

  2. Dividends from tax-exempt organizations.

  3. Dividends (other than capital gain distributions) received from a REIT that, for the tax year of the trust in which the dividends are paid, qualifies under sections 856 through 860.

  4. Dividends not eligible for a dividends-received deduction, which include the following.

    1. Dividends received on any share of stock held for less than 46 days during the 91-day period beginning 45 days before the ex-dividend date. When counting the number of days the corporation held the stock, you cannot count certain days during which the corporation's risk of loss was diminished. See section 246(c)(4) and Regulations section 1.246-5 for more details.

    2. Dividends attributable to periods totaling more than 366 days that the corporation received on any share of preferred stock held for less than 91 days during the 181-day period that began 90 days before the ex-dividend date. When counting the number of days the corporation held the stock, you cannot count certain days during which the corporation's risk of loss was diminished. See section 246(c)(4) and Regulations section 1.246-5 for more details. Preferred dividends attributable to periods totaling less than 367 days are subject to the 46-day holding period rule above.

    3. Dividends on any share of stock to the extent the corporation is under an obligation (including a short sale) to make related payments with respect to positions in substantially similar or related property.

  5. Any other taxable dividend income not properly reported above.

If patronage dividends or per-unit retain allocations are included on line 17, identify the total of these amounts in a schedule attached to Form 1120.

Line 18, Column (c)

Section 247 allows public utilities a deduction of 40% of the smaller of
(a) dividends paid on their preferred stock during the tax year, or (b) taxable income computed without regard to this deduction. In a year in which an NOL occurs, compute the deduction without regard to section 247(a)(1)(B). See section 172(d).

Schedule J, Form 1120 (Part I, Form 1120-A)

Line 1 (Form 1120 Only)

If the corporation is a member of a controlled group, it must check the box on line 1 and complete Schedule O (Form 1120). Members of a controlled group must use Schedule O (Form 1120) to figure the tax for the group. See Schedule O and its instructions for more information.

Line 2, Form 1120 (Line 1, Form 1120-A)

Most corporations not filing a consolidated return figure their tax by using the Tax Rate Schedule below. Qualified personal service corporations should see the instructions below.

Tax Rate Schedule
If taxable income (line 30, Form 1120, or line 26, Form 1120-A) on page 1 is:
Over— But not over— Tax is: Of the amount over—
$0 $50,000 15% $0
50,000 75,000 $ 7,500 + 25% 50,000
75,000 100,000 13,750 + 34% 75,000
100,000 335,000 22,250 + 39% 100,000
335,000 10,000,000 113,900 + 34% 335,000
10,000,000 15,000,000 3,400,000 + 35% 10,000,000
15,000,000 18,333,333 5,150,000 + 38% 15,000,000
18,333,333 - - - - - 35% 0

Qualified personal service corporation.   A qualified personal service corporation is taxed at a flat rate of 35% on taxable income. If the corporation is a qualified personal service corporation, check the box on line 2 (line 1, Part I, Form 1120-A) even if the corporation has no tax liability.

  A corporation is a qualified personal service corporation if it meets both of the following tests.
  1. Substantially all of the corporation's activities involve the performance of services in the fields of health, law, engineering, architecture, accounting, actuarial science, performing arts, or consulting.

  2. At least 95% of the corporation's stock, by value, is directly or indirectly owned by

    1. Employees performing the services,

    2. Retired employees who had performed the services listed above,

    3. Any estate of an employee or retiree described above, or

    4. Any person who acquired the stock of the corporation as a result of the death of an employee or retiree (but only for the 2-year period beginning on the date of the employee's or retiree's death).

Mutual savings bank conducting life insurance business.    The tax under section 594 consists of the sum of (a) a partial tax computed on Form 1120 on the taxable income of the bank determined without regard to income or deductions allocable to the life insurance department, and (b) a partial tax on the taxable income computed on Form 1120-L of the life insurance department. Enter the combined tax on line 2. Attach Form 1120-L as a schedule (and identify it as such), together with the annual statements and schedules required to be filed with Form 1120-L. See Temporary Regulations section 1.6012-2T(c)(1)(ii). An exception applies for insurance companies that electronically file their returns. See Temporary Regulations section 1.6012-2T(c)(4).

Deferred tax under section 1291.   If the corporation was a shareholder in a passive foreign investment company (PFIC) and received an excess distribution or disposed of its investment in the PFIC during the year, it must include the increase in taxes due under section 1291(c)(2) in the total for line 2. On the dotted line next to line 2, enter “Section 1291” and the amount.

  Do not include on line 2 any interest due under section 1291(c)(3). Instead, show the amount of interest owed in the bottom margin of page 1, Form 1120, and enter “Section 1291 interest.” For details, see Form 8621.

Additional tax under section 197(f).   A corporation that elects to pay tax on the gain from the sale of an intangible under the related person exception to the anti-churning rules should include any additional tax due under section 197(f)(9)(B) in the total for line 2. On the dotted line next to line 2, enter “Section 197” and the amount.

Line 3 (Form 1120 Only)

Caution
A corporation that is not a small corporation exempt from the AMT may be required to file Form 4626 if it claims certain credits, even though it does not owe any AMT. See Form 4626 for details.

Unless the corporation is treated as a small corporation exempt from the AMT, it may owe the AMT if it has any of the adjustments and tax preference items listed on Form 4626. The corporation must file Form 4626 if its taxable income (or loss) before the NOL deduction, combined with these adjustments and tax preference items is more than the smaller of $40,000 or the corporation's allowable exemption amount (from Form 4626). For this purpose, taxable income does not include the NOL deduction.

See Form 4626 for definitions and details on how to figure the tax.

Line 5a (Form 1120 Only)

To find out when a corporation can take the credit for payment of income tax to a foreign country or U.S. possession, see Form 1118.

Line 5b (Form 1120 Only)

Use Form 8834, Qualified Electric Vehicle Credit, if the corporation can claim a credit for a qualified electric vehicle placed in service in 2006.

Line 5c, Form 1120 (Line 2, Form 1120-A)

Enter on line 5c (line 2 of Form 1120-A) the corporation's total general business credit.

The corporation is required to file Form 3800, General Business Credit, to claim certain business credits. For a list of allowable credits, see Form 3800. Check the “Form 3800” box and include the allowable credit from Part II, line 19 of Form 3800, on line 5c of Form 1120 (line 2 of Form 1120-A). Also, see the applicable credit form and its instructions .

However, if the corporation is filing any of the following forms, check the applicable box, and include the allowable credit on line 5c (line 2 of Form 1120-A).

  • Form 6478, Credit for Alcohol Used as Fuel,

  • Form 8835, Renewable Electricity, Refined Coal, and Indian Coal Production Credit, with a credit from Section B, or

  • Form 8844, Empowerment Zone and Renewal Community Employment Credit.


See the instructions of the applicable form.

Line 5d (Form 1120 Only)

To figure the minimum tax credit and any carryforward of that credit, use Form 8827, Credit for Prior Year Minimum Tax—Corporations. Also see Form 8827 if any of the corporation's 2005 nonconventional source fuel credit or qualified electric vehicle credit was disallowed solely because of the tentative minimum tax limitation. See section 53(d).

Line 5e (Form 1120 Only)

Enter the amount of any credit from Form 8860, Qualified Zone Academy Bond Credit or from Form 8912, Credit for Clean Renewable Energy and Gulf Tax Credit Bonds. Check the applicable box(es) and include the amount of the credit in the total for line 5e.

Line 8 (Form 1120 Only)

A corporation is taxed as a personal holding company under section 542 if:

  • At least 60% of its adjusted ordinary gross income for the tax year is personal holding company income, and

  • At any time during the last half of the tax year more than 50% in value of its outstanding stock is directly or indirectly owned by five or fewer individuals.

See Schedule PH (Form 1120) for definitions and details on how to figure the tax.

Line 9, Form 1120 (Line 4, Form 1120-A)

Include any of the following taxes and interest in the total on line 9 (Form 1120-A, Part I, line 4). Check the appropriate box(es) for the form, if any, used to compute the total.

Recapture of investment credit.   If the corporation disposed of investment credit property or changed its use before the end of its useful life or recovery period, it may owe a tax. See Form 4255, Recapture of Investment Credit.

Recapture of low-income housing credit.   If the corporation disposed of property (or there was a reduction in the qualified basis of the property) for which it took the low-income housing credit, it may owe a tax. See Form 8611, Recapture of Low-Income Housing Credit.

Interest due under the look-back methods.   If the corporation used the look-back method for certain long-term contracts, see Form 8697, Interest Computation Under the Look-Back Method for Completed Long-Term Contracts, for information on figuring the interest the corporation may have to include.

  The corporation may also have to include interest due under the look-back method for property depreciated under the income forecast method. See Form 8866, Interest Computation Under the Look-Back Method for Property Depreciated Under the Income Forecast Method.

Alternative tax on qualifying shipping activities.   Enter any alternative tax on qualifying shipping activities from Form 8902. Check the box for Form 8902.

Other.   Additional taxes and interest amounts can be included in the total entered on line 9 (Form 1120-A, Part I, line 4). Check the box for “Other” if the corporation includes any additional taxes and interest such as the items discussed below. See How to report below for details on reporting these amounts on an attached schedule.
  • Recapture of qualified electric vehicle (QEV) credit. The corporation must recapture part of the QEV credit it claimed in a prior year if, within 3 years of the date the vehicle was placed in service, it ceases to qualify for the credit. See Regulations section 1.30-1 for details on how to figure the recapture.

  • Recapture of Indian employment credit. Generally, if an employer terminates the employment of a qualified employee less than 1 year after the date of initial employment, any Indian employment credit allowed for a prior tax year because of wages paid or incurred to that employee must be recaptured. For details, see Form 8845 and section 45A.

  • Recapture of new markets credit (see Form 8874).

  • Recapture of employer-provided childcare facilities and services credit (see Form 8882).

  • Tax and interest on a nonqualified withdrawal from a capital construction fund (section 7518).

  • Interest on deferred tax attributable to (a) installment sales of certain timeshares and residential lots (section 453(l)(3)) and (b) certain nondealer installment obligations (section 453A(c)).

  • Interest due on deferred gain (section 1260(b)).

How to report.   If the corporation checked the “Other” box, attach a schedule showing the computation of each item included in the total for line 9 (Form 1120-A, Part I, line 4) and identify the applicable Code section and the type of tax or interest.

Line 10 (Form 1120 Only)

Include any deferred tax on the termination of a section 1294 election applicable to shareholders in a qualified electing fund in the amount entered on line 10. See Form 8621, Part V, and How to report, below.

Subtract the following amounts from the total for line 10.

  • Deferred tax on the corporation's share of undistributed earnings of a qualified electing fund (see Form 8621, Part II).

  • Deferred LIFO recapture tax (section 1363(d)). This tax is the part of the LIFO recapture tax that will be deferred and paid with Form 1120S in the future. To figure the deferred tax, first figure the total LIFO recapture tax. Follow the steps below to figure the total LIFO recapture tax and the deferred amount. Also see the instructions regarding LIFO recapture amount under Line 10. Other Income.

Step 1. Figure the tax on the corporation's income including the LIFO recapture amount. (Complete Schedule J through line 9, but do not enter a total on line 10 yet.)

Step 2. Using a separate worksheet, complete Schedule J again, but do not include the LIFO recapture amount in the corporation's taxable income.

Step 3. Compare the tax in Step 2 to the tax in Step 1. (The difference between the two is the LIFO recapture tax.)

Step 4. Multiply the amount figured in Step 3 by 75%. (The result is the deferred LIFO recapture tax.)

How to report.   Attach a schedule showing the computation of each item included in, or subtracted from, the total for line 10. On the dotted line next to line 10, specify (a) the applicable Code section, (b) the type of tax, and (c) enter the amount of tax. For example, if the corporation is deferring a $100 LIFO recapture tax, subtract this amount from the total on line 10, then enter “Section 1363-Deferred Tax-$100” on the dotted line next to line 10.

Schedule K, Form 1120 (Part II, Form 1120-A)

The following instructions apply to Form 1120, page 3, Schedule K, or Form 1120-A, page 2, Part II. Complete all items that apply to the corporation.

Question 4 (Form 1120 Only)

Check the “Yes” box for question 4 if:

  • The corporation is a subsidiary in an affiliated group (defined below), but is not filing a consolidated return for the tax year with that group, or

  • The corporation is a subsidiary in a parent-subsidiary controlled group. For a definition of a parent-subsidiary controlled group, see the instructions for Schedule O (Form 1120).

Any corporation that meets either of the requirements above should check the “Yes” box. This applies even if the corporation is a subsidiary member of one group and the parent corporation of another.

If the corporation is an “excluded member” of a controlled group (see section 1563(b)(2)), it is still considered a member of a controlled group for this purpose.

Affiliated group.   An affiliated group is one or more chains of includible corporations (section 1504(a)) connected through stock ownership with a common parent corporation. The common parent must be an includible corporation and the following requirements must be met.
  1. The common parent must own directly stock that represents at least 80% of the total voting power and at least 80% of the total value of the stock of at least one of the other includible corporations.

  2. Stock that represents at least 80% of the total voting power and at least 80% of the total value of the stock of each of the other corporations (except for the common parent) must be owned directly by one or more of the other includible corporations.

  For this purpose, the term “stock” generally does not include any stock that
(a) is nonvoting, (b) is nonconvertible,
(c) is limited and preferred as to dividends and does not participate significantly in corporate growth, and (d) has redemption and liquidation rights that do not exceed the issue price of the stock (except for a reasonable redemption or liquidation premium). See section 1504(a)(4). See section 1563(d)(1) for the definition of stock for purposes of determining stock ownership above.

Question 6 (Form 1120-A Only)

Foreign financial accounts.    Check the “Yes” box for question 6 if either 1 or 2 below applies to the corporation. Otherwise, check the “No” box.
  1. At any time during the 2006 calendar year, the corporation had an interest in or signature or other authority over a bank, securities, or other financial account in a foreign country (see Form TD F 90-22.1, Report of Foreign Bank and Financial Accounts); and

    a. The combined value of the accounts was more than $10,000 at any time during the calendar year and
    b. The account was not with a U.S. military banking facility operated by a U.S. financial institution.

  2. The corporation owns more than 50% of the stock in any corporation that would answer “Yes” to item 1 above.

  If the “Yes” box is checked:
  • Enter the name of the foreign country or countries. Attach a separate sheet if more space is needed.

  • File Form TD F 90-22.1 by June 30, 2007, with the Department of the Treasury at the address shown on the form, do not file it with Form 1120-A. You can order Form TD F 90-22.1 by calling 1-800-TAX-FORM (1-800-829-3676) or you can download it from the IRS website at www.irs.gov.

Question 7 (Form 1120 Only)

Check the “Yes” box if one foreign person owned at least 25% of (a) the total voting power of all classes of stock of the corporation entitled to vote, or (b) the total value of all classes of stock of the corporation.

The constructive ownership rules of section 318 apply in determining if a corporation is foreign owned. See section 6038A(c)(5) and the related regulations.

Enter on line 7a the percentage owned by the foreign person specified in question 7. On line 7b, enter the name of the owner's country.

If there is more than one 25%-or-more foreign owner, complete lines 7a and 7b for the foreign person with the highest percentage of ownership.

Foreign person.   The term “foreign person” means:
  • A foreign citizen or nonresident alien,

  • An individual who is a citizen of a U.S. possession (but who is not a U.S. citizen or resident),

  • A foreign partnership,

  • A foreign corporation,

  • Any foreign estate or trust within the meaning of section 7701(a)(31), or

  • A foreign government (or one of its agencies or instrumentalities) to the extent that it is engaged in the conduct of a commercial activity as described in
    section 892.

Owner's country.   For individuals, the term “owner's country” means the country of residence. For all others, it is the country where incorporated, organized, created, or administered.

Requirement to file Form 5472.   If the corporation checked “Yes,” it may have to file Form 5472, Information Return of a 25% Foreign Owned U.S. Corporation or a Foreign Corporation Engaged in a U.S. Trade or Business. Generally, a 25% foreign-owned corporation that had a reportable transaction with a foreign or domestic related party during the tax year must file Form 5472. See Form 5472 for filing instructions and penalties for failure to file.

Item 9, Form 1120 (Item 3, Form 1120-A)

Show any tax-exempt interest received or accrued. Including any exempt-interest dividends received as a shareholder in a mutual fund or other RIC. Also, if required, include the same amount on Schedule M-1, line 7; Form 1120-A, Part IV, line 6; or Schedule M-3, Part II, line 13.

Item 11 (Form 1120 Only)

If the corporation has an NOL for its 2006 tax year, it can elect to waive the entire carryback period for the NOL and instead carry the NOL forward to future tax years. To do so, check the box on line 11 and file the tax return by its due date, including extensions. Do not attach the statement described in Temporary Regulations section 301.9100-12T. Once made, the election is irrevocable. See Pub. 542 and Form 1139 for more details.

Corporations filing a consolidated return must also attach the statement required by Regulations section 1.1502-21(b)(3).

Item 12 (Form 1120 Only)

Enter the amount of the NOL carryover to the tax year from prior years, even if some of the loss is used to offset income on this return. The amount to enter is the total of all NOLs generated in prior years but not used to offset income (either as a carryback or carryover) to a tax year prior to 2006. Do not reduce the amount by any NOL deduction reported on line 29a.

Schedule L, Form 1120 (Part III, Form 1120-A)

The balance sheet should agree with the corporation's books and records.

Corporations with total receipts (line 1a plus lines 4 through 10 on page 1) and total assets at the end of the tax year less than $250,000 are not required to complete Schedules L, M-1, and M-2 (Parts III and IV, Form 1120-A) if the “Yes” box on Schedule K, question 13 (Part II, question 7, Form 1120-A), is checked. If the corporation is required to complete Schedule L, include total assets reported on Schedule L, line 15, column (d), on page 1, item D.

If filing a consolidated return, report total consolidated assets, liabilities, and shareholder's equity for all corporations joining in the return. See Consolidated Return on page 6 of these instructions.

Corporations with total assets non-consolidated (or consolidated for all corporations included within the tax consolidation group) of $10 million or more on the last day of the tax year must complete Schedule M-3 (Form 1120) instead of Schedule M-1. See the separate instructions for Schedule M-3 (Form 1120) for provisions also affecting Schedule L.

Line 1

Include certificates of deposit as cash on this line.

Line 5

Include on this line:

  • State and local government obligations, the interest on which is excludable from gross income under section 103(a) and

  • Stock in a mutual fund or other RIC that distributed exempt-interest dividends during the tax year of the corporation.

Line 26, Form 1120 (Line 21, Form 1120-A)

Some examples of adjustments to report on this line include:

  • Unrealized gains and losses on securities held “available for sale.

  • Foreign currency translation adjustments.

  • The excess of additional pension liability over unrecognized prior service cost.

  • Guarantees of employee stock (ESOP) debt.

  • Compensation related to employee stock award plans.

If the total adjustment to be entered on line 26 (line 21, Form 1120-A) is a negative amount, enter the amount in parentheses.

Schedule M-1, Form 1120 (Part IV, Form 1120-A)

Corporations with total receipts (line 1a plus lines 4 through 10 on page 1) and total assets at the end of the tax year less than $250,000 are not required to complete Schedules L, M-1, and M-2 (Parts III and IV, Form 1120-A) if the “Yes” box on Schedule K, question 13 (Part II, question 7, Form 1120-A) , is checked.

Corporations with total assets non-consolidated (or consolidated for all corporations included within the tax consolidation group) of $10 million or more on the last day of the tax year must complete Schedule M-3 instead of Schedule M-1. See Schedule M-3 (Form 1120 Only) on page 6. A corporation filing Form 1120 that is not required to file Schedule M-3 may voluntarily file Schedule M-3 instead of Schedule M-1. See the Instructions for Schedule M-3 for more information.

Line 5c, Form 1120 (Line 5, Form 1120-A)

Include any of the following.

  • Meal and entertainment expenses not deductible under section 274(n).

  • Expenses for the use of an entertainment facility.

  • The part of business gifts over $25.

  • Expenses of an individual over $2,000, which are allocable to conventions on cruise ships.

  • Employee achievement awards over $400.

  • The cost of entertainment tickets over face value (also subject to 50% limit under section 274(n)).

  • The cost of skyboxes over the face value of nonluxury box seat tickets.

  • The part of luxury water travel expenses not deductible under section 274(m).

  • Expenses for travel as a form of education.

  • Other nondeductible travel and entertainment expenses.

For more information, see Pub. 542.

Line 7, Form 1120 (Line 6, Form 1120-A)

Report any tax exempt interest received or accrued, including any exempt-interest dividends received as a shareholder in a mutual fund or other RIC. Also report this same amount on Schedule K, item 9 (item 3, Form 1120-A).

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