Beruflich Dokumente
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Paperwork Reduction Which You May Take a Credit on taxes for the year. You may also
page 2 to determine if the taxes you deduct taxes paid to certain foreign
Act Notice paid or accrued qualify for the credit. countries for which a credit has been
Do not use Form 1116 to figure a denied under section 901(j)(2), even
We ask for the information on this
credit for taxes paid to the Virgin if you take the credit for other
form to carry out the Internal Revenue
Islands. Instead, use Form 8689, allowable foreign taxes.
laws of the United States. You are
required to give us the information. Allocation of Individual Income Tax to If you want to change your election
We need it to ensure that you are the Virgin Islands. to take a deduction instead of a
complying with these laws and to If you claim a foreign tax credit, you credit, or a credit instead of a
allow us to figure and collect the right may be liable for the alternative deduction, you must do so within a
amount of tax. minimum tax. Get Form 6251, special 10-year limitation period. See
Alternative Minimum Pub. 514 for more information.
You are not required to provide the
information requested on a form that Tax—Individuals, for details.
is subject to the Paperwork Reduction For more information about how to Nonresident Aliens
Act unless the form displays a valid figure the foreign tax credit, get Pub. If you are a nonresident alien, you
OMB control number. Books or 514, Foreign Tax Credit for generally cannot take the credit.
records relating to a form or its Individuals, from an IRS Distribution However, you may be able to take the
instructions must be retained as long Center. If you are in the United credit if:
as their contents may become States, you may contact your local 1. You are a resident of Puerto
material in the administration of any IRS office for assistance, or call Rico during your entire tax year, or
Internal Revenue law. Generally, tax 1-800-829-1040. 2. You are a nonresident alien who
returns and return information are Overseas residents may contact pays or accrues tax to a foreign
confidential, as required by Code Internal Revenue Service offices at country or U.S. possession on income
section 6103. U.S. embassies in Ottawa, Paris, from foreign sources that is effectively
The time needed to complete and Rome, London, Bonn, Sydney, connected with a trade or business in
file this form will vary depending on Singapore, Tokyo, Mexico City, or the United States. But if you must pay
individual circumstances. The Santiago, or the International office in tax to a foreign country or U.S.
estimated average time is: Washington, D.C. for assistance in possession on income from U.S.
figuring the credit. sources only because you are a
Recordkeeping .................. 2 hr., 44 min.
citizen or a resident of that country
Learning about the law Who Should File or U.S. possession, do not use that
or the form ........................ 46 min. tax in figuring the amount of your
Use Form 1116 to figure a foreign tax
Preparing the form ........... 1 hr., 53 min. credit if you are an individual, estate, credit.
Copying, assembling, or trust, and you paid or accrued See Pub. 519, U.S. Tax Guide for
and sending the form to foreign taxes on income from sources Aliens, for more information.
the IRS ............................... 55 min. outside the United States for tax year
If you have comments concerning 1996. If you are a nonresident alien, How To Complete Form 1116
the accuracy of these time estimates see Nonresident Aliens below. Use a separate Form 1116 to figure
or suggestions for making this form the credit for foreign taxes paid or
simpler, we would be happy to hear Credit or Deduction accrued for each category of income
from you. You can write to the IRS at Instead of figuring the credit on Form specified above Part I of the form.
the address listed in the instructions 1116, you may choose to deduct See Categories of Income on page
of the tax return with which this form foreign income taxes on Schedule A 3 to find out what kind of income is
is filed. (Form 1040), Itemized Deductions. included in each category. If you have
Generally, if you take the credit for income from, or have paid taxes to,
any allowable foreign taxes, you may more than one foreign country or U.S.
General Instructions not take any part of that year's foreign possession, use a separate column in
tax as a deduction. This is true for the Part I and a separate line in Part II for
Purpose of Form year you take the credit and for any each country or possession. But see
Use Form 1116 to figure the foreign later year. However, you may take a the Exception on page 2. If you paid
tax credit for certain taxes paid or deduction for foreign taxes not taxes to more than three countries or
accrued to a foreign country or U.S. allowed as a credit because of possessions and do not meet the
possession. See Foreign Taxes for boycott provisions, even if you take exception, attach additional sheets
the credit for other allowable foreign following the format of Parts I and II.
Page 3
has a less than 10% interest (by Use your foreign Schedule D and
Worksheet for Lump-Sum value) in a partnership, income from your foreign Capital Gain Tax
Distributions the partnership is generally treated Worksheet only to figure the gain to
(Keep for your records.) as passive. See Regulations section include on Form 1116. Do not file
1.904-5(h) for more information. them with your tax return.
1. Enter the amount from Form
1116, line 8 .............................. If you are reporting only capital
2. Enter the amount from Form
Foreign Capital Gain gain distributions on Form 1040, line
4972, line 12, that is from Capital gains not related to the active 13, compare your capital gain
foreign sources. Also enter conduct of a trade or business are
this amount on Form 1116, line distributions from foreign sources with
16 ............................................. generally passive income. Include on the total amount of your capital gain
3. Enter the total amount from Form 1116 any gain from the sale or distributions. Enter your foreign
Form 4972, line 12. Also enter exchange of capital assets (including source capital gain distributions on
this amount on Form 1116, line
17 ............................................. gains treated as capital gains under line 1 of Worksheet A.
4. Divide line 2 by line 3. Enter section 1231) only to the extent of Caution: If your capital gains or
the result as a decimal here foreign source capital gain net losses fall into two or more separate
and on Form 1116, line 18. If income. (This is either capital gain net
line 2 is equal to or more than categories (e.g., the passive category
line 3, enter the figure “1” ........ income from sources outside the and the general limitation category),
5. Enter the amount from Form United States or from all sources, do not use the worksheet below.
4972, line 37. Also, include this whichever is less.) Capital gain net Instead, see Pub. 514 for information
amount on Form 1116, line 19. income is the excess of gains over
Caution: Do not include this on how to report the amounts.
amount in the tax you enter on losses from the sale or exchange of
line 19 of any other Form 1116 capital assets. For more information,
you are filing. see section 904(b). Worksheet A (Capital Gains)
6. Multiply line 5 by line 4. Enter (Keep for your records.)
the result here and on Form Filers Using Maximum Capital
1116, line 20 ............................ Gains Tax Rate
7. Enter the smaller of line 1 or 1. Compare line 18 of your
foreign Schedule D with line 18
line 6 here and on Form 1116, If you figured your tax using the of the Schedule D you are filing
line 21. To the left of line 21 Capital Gain Tax Worksheet in the
write “LSD.” .............................. with your tax return. (Estates
Instructions for Form 1040, and any and trusts should use line 17
part of your capital gain was from from Schedule D (Form 1041).)
General Limitation Income foreign sources, complete
Enter the smaller of the two
amounts. This is your foreign
Income from sources outside the Worksheet A (Capital Gains) below source capital gain net income.
United States that does not fall into to figure the amount of capital gain to Note: If the amount on line 17
one of the above categories is include on line 1 of Form 1116. An (line 16 on Schedule D (Form
1041)) of your foreign
general limitation income. Common estate or trust with foreign source Schedule D is zero or a loss,
examples include wages, salary, and capital gains should also use this do not complete the rest of this
overseas allowances of an individual worksheet if it figured its tax using the worksheet. Enter the amount
as an employee. Other examples here and on Form 1116, line 1.
maximum 28% tax rate on capital 2. Compare line 2 of your foreign
include income earned in the active gains. Capital Gain Tax Worksheet
conduct of a trade or business that Before you begin Worksheet A, with line 2 of the Capital Gain
does not fall into one of the other Tax Worksheet you used to
complete a separate Schedule D figure the tax for your return.
separate categories, and gains from (Form 1040), Capital Gains and (Estates and trusts should use
the sale of inventory or depreciable Losses, using only gains and losses line 37a from Schedule D
property used in a trade or business from sources outside the United (Form 1041).) Enter the
that do not fall into one of the other smaller of the two amounts.
States. On this separate Schedule D, This is your foreign source net
separate categories. complete lines 1 through 18 (lines 1 capital gain*..............................
through 17 on Schedule D (Form 3. Multiply line 2 by .2929 ............
Special Rules 1041)). On Worksheet A, this 4. Subtract line 3 from line 1.
Include this amount as capital
separate Schedule D is called “your gain on line 1, Form 1116........
Look-Through Rules foreign Schedule D.” *Net capital gain does not include any amount
Certain income received or accrued Note: If a loss appears on line 18 that a taxpayer elects under section 163(d) to
by you as a U.S. shareholder in a (line 17 on Schedule D (Form 1041)) treat as investment income for purposes of the
controlled foreign corporation (CFC) of your foreign Schedule D, do not investment interest expense limitation.
is treated as income in a separate complete Worksheet A. Instead, see
limitation category. Generally, Foreign Capital Loss, below. Foreign Capital Loss
Subpart F inclusions, dividends, Enter the smaller of line 17 or line Your gross income from foreign
interest, rents, and royalties from a 18 from your foreign Schedule D on sources on Form 1116, line 1, is
CFC are treated as separate line 2 of a separate Capital Gain Tax reduced by any net capital loss from
limitation income to the extent they Worksheet in the Instructions for foreign sources to the extent taken
are attributable to separate limitation Form 1040. (Estates and trusts into account in figuring capital gain
income of the CFC. See Regulations should complete line 37a on net income. When figuring net capital
section 1.904-5 for more information. Schedule D (Form 1041).) This loss, include gains and losses that
Income From a Partnership separate Capital Gain Tax Worksheet are not from the sale or exchange of
is called “your foreign Capital Gain capital assets but that are treated as
Certain income from partnerships will Tax worksheet.” capital gains and losses, such as net
be characterized under the section 1231 gains. For more
look-through rules. But if a partner
Page 4
information on foreign capital losses, Special rules apply to the allocation
see Pub. 514. of research and experimental
Specific Instructions expenditures. See section 864(f).
Net Capital Loss From Foreign
Sources If the law of a U.S. state to which
Part I—Taxable Income or you pay income taxes does not
If you figured your tax using the Loss From Sources Outside specifically exempt foreign source
Capital Gain Tax Worksheet in the the United States income from tax, you may be required
Instructions for Form 1040 and you to make a special allocation of state
had a net capital loss from foreign Caution: Lines 1 through 7 of Part I taxes you paid. See Pub. 514 for
sources, you must adjust the amount must be completed by all filers unless more information.
of this loss by completing Worksheet specifically indicated otherwise in the
instructions. Itemized deduction limit.— If you
B (Capital Losses) below. An estate must reduce the total amount of your
or trust with a net capital loss from itemized deductions on Schedule A
foreign sources should also use this
Line 1–Foreign Gross Income
(Form 1040), line 28, because your
worksheet if it figured its tax using the Include income in the category
adjusted gross income was more than
maximum 28% tax rate on capital checked above Part I that is taxable
$117,950 ($58,975 if married filing
gains. by the United States and is from
separately), you must reduce each of
Caution: If your capital gains or sources within the country entered on
the itemized deductions that are
losses fall into two or more separate line j. You must include income even
subject to the reduction by the
income categories (e.g., the passive if it is not taxable by that country.
reduction percentage before you
category and the general limitation Identify the type of income on the
complete lines 2, 3a, and 4 on Form
category), do not use the worksheet dotted line next to line 1. Do not
1116.
below. See Pub. 514 for information include any earned income excluded
on Form 2555, Foreign Earned Use the Itemized Deductions
on how to report the amounts. Worksheet in the Instructions for
Income.
Example. If you received Schedule A (Form 1040) to figure the
Worksheet B (Capital Losses) reduction percentage. Divide the
dividends (passive income) and
(Keep for your records.) wages (general limitation income) amount on line 9 of the worksheet
from foreign sources, you must (the overall reduction) by the amount
Note: Treat all numbers as positive
complete two Forms 1116. On one on line 3 of the worksheet (total
amounts. itemized deductions subject to the
Form 1116, enter the dividends on
1. Enter your net capital loss from
line 1 and write “Dividends” on the reduction). This is your reduction
foreign sources (to the extent percentage. Apply this percentage to
taken into account in dotted line. On the other Form 1116,
determining capital gain net enter wages not excluded on Form each itemized deduction subject to
income). This is line 18 of your 2555 on line 1 and write “Wages” on the reduction to determine the
foreign Schedule D ..................
the dotted line. Complete Parts I, II amount to enter on the appropriate
2. Enter net capital gain* from line of Form 1116.
sources within the United and III of each Form 1116. Then,
States. (This is the excess of complete the summary Part IV on one Example. You are single and have
net long-term capital gains Form 1116. an adjusted gross income of
from U.S. sources over net $164,700. Your itemized deductions
short-term capital losses from Note: If you are reporting income
U.S. sources.) .......................... subject to the overall reduction (line
from a partnership or an S
3. Enter the amount (net capital 3 of the worksheet) total $20,000.
corporation, include on line 1 any
gain*) from line 2 of the Capital This amount includes a deduction for
Gain Tax Worksheet you used amount from line 17c, Schedule K-1
gifts to charity of $12,000. The other
to figure the tax for your return. (Form 1065) or from line 15c,
(Estates and trusts should use $8,000 ($20,000 – $12,000) of
Schedule K-1 (Form 1120S).
line 37a of Schedule D (Form itemized deductions are definitely
1041).) ...................................... Lines 2 Through 5–Allocating related to the income on Form 1116,
4. Subtract line 3 from line 2........ line 1.
5. Multiply line 4 by .2929 ............ Deductions
6. Subtract line 5 from line 1. This The amount of the overall reduction
is your net capital loss from Introduction on line 9 of the worksheet is $1,500.
foreign sources. Enter here To figure the amount of the charitable
and on line 5 of Form 1116 ..... You must reduce your foreign gross
income on line 1 by entering on lines deduction to include in the total for
*Net capital gain does not include any amount
that a taxpayer elects under section 163(d) to 2 through 5: line 3a of Form 1116, divide the
treat as investment income for purposes of the ● Any of your deductions that amount on line 9 ($1,500) by the
investment interest expense limitation.
definitely relate to that foreign income amount on line 3 ($20,000). This is
and your reduction percentage (7.5%).
High-Taxed Income ● A ratable share of your other
You must reduce your $12,000
In some cases, passive income may deduction by $900 (7.5% × $12,000).
deductions that do not definitely relate The reduced deduction, $11,100
be placed in the general limitation to either that foreign income or to
income category. Passive income ($12,000 – $900) is the amount to
your U.S. source income. enter on line 3a of Form 1116. Make
may qualify as general limitation Do not include deductions and
income if the foreign taxes you paid a similar computation to figure the
losses related to exempt or excluded amount of definitely related itemized
on the income (after allocation of income, such as foreign earned
expenses) exceeds the highest U.S. deductions to enter on line 2.
income you have excluded on Form Note: You do not need to make the
tax that can be imposed on the 2555. Also, do not include the
income. computation described above if the
deduction for personal exemptions. total amount of your itemized
Page 5
deductions is entered on any one of Line 3d.— Enter your gross foreign
the following lines: line 2, line 3a, or source income from the category you Worksheet for Home Mortgage
line 4a. Simply enter your reduced checked above Part I of this Form Interest
itemized deductions on that line. 1116. If the category you checked is (Keep for your records.)
“general limitation income,” you must
Line 2 include any foreign earned income
1. Enter gross foreign source
income* of the type shown on
Caution: Before you complete lines you have excluded on Form 2555. Form 1116. Do not enter
2, 3a, and 3b, read Itemized However, if the category you checked income excluded on Form
is “passive income,” or “high 2555 .........................................
deduction limit on page 5. 2. Enter gross income from all
Enter all deductions that definitely withholding tax income,” do not sources. Do not enter income
relate to the gross income from include foreign earned income you excluded on Form 2555 ...........
have excluded. 3. Divide line 1 by line 2 and
foreign sources shown on line 1. For enter the result as a decimal ...
example, if you are an employee If you had income from more than 4. Enter deductible home
reporting foreign earned income on one country, enter in each column mortgage interest (from
Form 1116, line 2 may include income from only one country. Schedule A (Form 1040))**......
5. Multiply line 4 by the decimal
expenses such as those incurred to However, see Exception to on line 3. Enter the result here
move to a new principal place of work country-by-country reporting and on Form 1116, line 4a ......
outside the United States or supplies requirements on page 2 of these *If you are required to report income from more
you bought for your job outside the instructions. than one country on Form 1116, complete a
United States. Line 3e.— Enter on line 3e in each separate worksheet for each country. Use only
the income from that country on line 1 of the
Also include on line 2 any amount column your gross income from ALL worksheet.
from line 17d, Schedule K-1 (Form sources and ALL categories, both
**If you were required to reduce the amount of
1065) or from line 15d, Schedule K-1 U.S. and foreign. This figure includes, your itemized deductions on Schedule A, enter
(Form 1120S). but is not limited to, foreign earned the reduced amount of home mortgage interest
Do not include any interest expense income you have excluded on Form on line 4 of the worksheet.
on line 2. See lines 4a and 4b for 2555, tax-exempt interest from Form
special rules for interest expense. 1040, line 8b, and the nontaxable Line 4b
portion of U.S. social security benefits Other interest expense includes
Lines 3a and 3b included on Form 1040, line 20a. investment interest, interest incurred
Some deductions do not definitely If you are a nonresident alien, in a trade or business, and passive
relate to either your foreign source include on both lines 3d and 3e your activity interest. Each of these types
income shown on line 1 or to your income that is not effectively of interest is apportioned separately
U.S. source income. Enter on lines connected with a trade or business in using an “asset method.”
3a and 3b any deductions (other than the United States. Example. You have investment
interest expense) that: Note: When figuring gross foreign interest expense of $2,000. Your
● Are not shown on line 2 AND source income for line 3d of Form assets of $100,000 consist of stock
● Are not definitely related to your 1116, include any amount from line generating U.S. source income
U.S. income. 17c, Schedule K-1(Form 1065) or (adjusted basis, $40,000) and stock
If you do not itemize deductions, from line 15c, Schedule K-1(Form generating foreign source income
enter your standard deduction on 1120S). On line 3e, include your (adjusted basis, $60,000). You
line 3a. Enter on line 3b any other share of the partnership or S apportion 40% ($40,000/$100,000) of
deductions that do not definitely relate corporation's gross income from all $2,000 or $800 of your investment
to any specific type of income. sources. This amount should be interest to U.S. source income and
shown on line 17g, Schedule 60% ($60,000/$100,000) of $2,000
Schedule A (Form 1040) itemized
K-1(Form 1065) or line 15g, Schedule or $1,200 to foreign source income.
deductions to be entered on line 3a
K-1(Form 1120S). In this example, you will enter the
are: real estate taxes on a personal
residence from line 6; medical Line 4a $1,200 apportioned to foreign source
expenses from line 4; and gifts to income on line 4b.
Deductible home mortgage interest See Pub. 514 for more information.
charity from line 18. (including points) is apportioned using
Enter on line 3b any deduction from a gross income method. Use the
gross income (Form 1040, lines Part II—Foreign Taxes Paid
worksheet below to figure the amount
23a–30) that is not shown on line 2 to enter on line 4a of Form 1116.
or Accrued
and is not definitely related to your Before you complete the worksheet, You may take a foreign tax credit in
U.S. source income (e.g., the read Itemized deduction limit on the tax year you paid or accrued the
deduction for alimony from Form page 5. foreign taxes, depending on your
1040, line 29). Note: If your foreign income method of accounting. If you report
Lines 3d and 3e (including income excluded on Form on the cash basis, you may choose
2555) does not exceed $5,000, you to take the credit for accrued taxes
For lines 3d and 3e, gross income by checking the “accrued” box in Part
may allocate all of your interest
means income without regard to II. But once you choose to do this,
expense to U.S. source income.
deductions and losses. you must credit foreign taxes in the
year they accrue on all future returns.
Enter in Part II the amount of
foreign taxes (in both the foreign
currency denomination and as
Page 6
converted into U.S. dollars) that relate Line 12 otherwise may take into account for
to the category of income checked You may have to reduce the foreign the foreign tax credit. You may have
above Part I. Taxes are related to the taxes you paid or accrued by the to make additional reductions if the
income if the income is included in following items: failure continues. See section
the foreign tax base on which the tax 6038(c).
is imposed. If the foreign tax you paid 1. Taxes on income excluded on
Form 2555.— You must reduce taxes Note: The reduction in foreign taxes
or accrued relates to more than one is reduced by any dollar penalty
category of income, you must paid or accrued by the taxes allocable
to any foreign earned income imposed under section 6038(b).
apportion the tax among the 5. Reduction of taxes or credit due
categories. The apportionment is excluded on Form 2555. If only part
of your foreign earned income is to international boycott
based on the ratio of net foreign operations.— In general, if you
taxable income in each category to excluded, you must find the amount
of tax allocable to excluded income. agree to participate in, or cooperate
the total net income subject to the with, an international boycott, file
foreign tax. See Pub. 514 for an Multiply the foreign taxes paid or
accrued on foreign earned income Form 5713, International Boycott
example. Report. Reduce either the total taxes
received or accrued during the tax
If foreign taxes were paid or year by the following fraction. available for credit or the credit
accrued on your behalf by a otherwise allowable. If you can figure
partnership or an S corporation, also Numerator: Foreign earned income
you excluded for the tax year less the taxes specifically attributable to
include in Part II the total foreign boycott operations, enter the amount
taxes from line 17e, Schedule K-1 otherwise deductible expenses
allocable to that income. on line 12. If you cannot figure the
(Form 1065) or from line 15e, amount of taxes specifically
Schedule K-1 (Form 1120S). Denominator: Your total foreign attributable to boycott operations,
Note: If you are taking a credit for earned income received or accrued multiply the credit otherwise allowable
additional taxes paid or accrued as during the tax year less deductible by the international boycott factor and
the result of an audit by a foreign expenses allocable to that income. enter the result on line 31 of Part IV.
taxing authority, attach a statement to However, if the foreign jurisdiction
charges tax on foreign earned income For more information, see Form
Form 1116 identifying these taxes. 5713 and its instructions. If any of the
and some other income (e.g., earned
income from U.S. sources or a type above applies to you, attach a
Part III—Figuring the Credit statement showing in detail how you
of income not subject to U.S. tax) and
the taxes on the other income cannot figured the reduction.
Line 10 Note: Also include on line 12 any
be segregated, the denominator is the
You may carry back 2 years and then total amount of income subject to amount from line 17f, Schedule K-1
forward 5 years any foreign tax you foreign tax less deductible expenses (Form 1065) or from line 15f,
paid or accrued to any foreign country allocable to that income. Schedule K-1 (Form 1120S).
or U.S. possession (reduced as
See Pub. 514 for a comprehensive Line 14
described below) on income in a
example.
separate category that is more than The amount on line 14 is your income
the limitation. First, apply the excess 2. Taxes on income from Puerto from sources outside the United
to the earliest year to which it may be Rico exempt from U.S. tax.— The States before adjustments. If the
carried. Then apply it to the next reduction applies if you have income amount on line 14 is zero or less, skip
earliest year, and so on. The 7-year from Puerto Rican sources, such as lines 15 through 21. You have no
carryback-carryover period may not U.S. Government wages, that is foreign tax credit for the category of
be extended even if you are unable taxable on your U.S. tax return, and income checked above Part I of this
to take a credit in one of the you also have income from Puerto Form 1116. However, if you are
intervening years. Rican sources that is not taxable on required to recharacterize income
your U.S. tax return. To figure the from another category (see
You cannot carry a credit to a tax credit, reduce your foreign taxes paid
year for which you originally claimed Recharacterization of income on
or accrued by the taxes allocable to page 8), you must complete line 15
a deduction, rather than a credit, for the exempt income. See Pub. 570 for
foreign taxes paid or accrued. Also, and continue with the form even if line
more information. 14 is zero or less.
you must reduce the amount of any
carryback or carryover by the amount 3. Taxes on foreign mineral
that you would have used had you income.— Reduce taxes paid or Line 15
chosen to claim a credit rather than accrued on mineral income from a You are required to increase or
a deduction in that year. foreign country or U.S. possession if decrease the amount on line 14 by
you took a deduction for percentage the following adjustments. The
File Form 1040X or an amended depletion under section 613 for any
return and a revised Form 1116 for adjustments must be made in the
part of the mineral income. order listed. If you have more than
each earlier tax year to which you are
carrying back excess foreign taxes. 4. Reduction for failure to file Form one adjustment, enter the net
5471.— U.S. shareholders who adjustment on line 15, and attach a
Special rules apply to the carryback control a foreign corporation must file
and carryover of foreign taxes paid schedule showing your computation.
Form 5471, Information Return of See Pub. 514 for details. The
or accrued on foreign oil-related U.S. Persons With Respect to Certain
income. See section 907(f). adjustments are:
Foreign Corporations. If you do not 1. Allocation of losses from other
See Pub. 514 for more information file Form 5471 by the due date of
on carryback and carryover categories.— This adjustment
your tax return, you must reduce by applies only if you are completing
provisions, including examples. 10% all foreign taxes that you more than one Form 1116. If you
Page 7
have a loss on line 14 of one Form The part that is treated as U.S. Note: Recharacterization of income
1116 and you have income on line 14 source income is the smallest of: (a) from a separate category does not
of one or more other Forms 1116, you the amount of overall foreign loss not result in recharacterizing any tax.
must reduce the foreign income by a recaptured in earlier years, (b) 50% 4. Allocation of U.S. losses.— If you
pro rata share of the loss before you or more of your taxable income from have a net loss from U.S. sources in
use the loss to reduce U.S. source foreign sources from all categories, 1996, you must proportionately
income. or (c) the amount from line 14, less allocate that loss among the separate
Example. In 1995, you completed any adjustment for allocation of categories of your foreign income.
three Forms 1116. The first had a losses from other categories, Reduce the income on line 14 by
loss from general limitation income of described on page 7. entering (in parentheses) on line 15
$2,000 on line 14, the second had Reduce the income on line 14 by the allocable portion of any U.S. loss.
income of $4,000 from passive entering (in parentheses) on line 15 A U.S. loss includes a rental loss on
sources on line 14, and the third had the smallest of (a), (b), or (c) above. property located in the United States.
income of $1,000 from high This is the amount of the recapture.
withholding tax interest on line 14. Be sure to attach your computation. Line 17
The $2,000 loss must be allocated If you elect to recapture more of an If you figured your tax using the
between the passive income and the overall foreign loss than is required, Capital Gains Tax Worksheet in the
high withholding tax interest in the you must show in your computation Instructions for Form 1040, use the
same proportion as each category's the percentage of taxable income worksheet below to figure the amount
income bears to the total foreign recaptured and the dollar amount of to enter on line 17. An estate or trust
income. the recapture. that used the maximum 28% tax rate
The amount of the loss that would Regulations section 1.904(f)-1(b) on capital gains should also complete
reduce passive income would be 80% requires that you attach a statement the worksheet.
($4,000/$5,000) of the $2,000 loss or to Form 1116 showing the balance in
$1,600. The $1,600 would be entered each separate limitation overall Worksheet for Line 17
on line 15 of the passive income foreign loss account.
Form 1116. Line 16 of that form 3. Recharacterization of income.— 1. Enter the amount (net capital
would show $2,400 ($4,000 – gain*) from line 2 of the Capital
If, in 1995, you reduced your foreign Gain Tax Worksheet used to
$1,600). taxable income in the category shown figure the tax for your return.
The amount of the loss that would above Part I on Form 1116 by a pro Estates and trusts: Enter the
reduce high withholding tax interest rata share of a loss from another amount from line 37a of
Schedule D (Form 1041) .........
would be 20% ($1,000/$5,000) of the category, you must recharacterize in 2. Individuals: Enter the amount
$2,000 loss or $400. The $400 would 1996 all or part of any income you from Form 1040, line 35.
be entered on line 15 of the high receive in 1996 in that loss category. Estates and trusts: Enter
withholding tax interest Form 1116. Increase the amount on line 14 by taxable income without the
deduction for your exemption ..
Line 16 of that form would show $600 entering on line 15 any 3. Multiply line 1 by .2929 ............
($1,000 – $400). recharacterized income. 4. Subtract line 3 from line 2.
In this case, all of the $2,000 loss Also include on line 15 any income Enter the result here and on
Form 1116, line 17...................
was allocated between the foreign required to be recharacterized in
source passive income and the high 1996 as income in the category *Net capital gain does not include any amount
that a taxpayer elects under section 163(d) to
withholding tax interest categories, shown above Part I on Form 1116 treat as investment income for purposes of the
and no reduction was made to U.S. because of a foreign loss allocation in investment interest expense limitation.
source income. In situations where prior tax years.
U.S. source income is reduced (i.e., Example. Using the facts in the Line 21.
the loss to be allocated exceeds example under Allocation of Loss If the amount in line 21 is smaller
foreign income in other categories), from Other Categories above, in the than the amount in line 13, see Pub.
you must follow the rules described next year (1997), you have $5,000 of 514 for more information on
below under Recapture of prior year general limitation income, $3,000 of carryback and carryover provisions,
overall foreign loss. passive income, and $500 of high including examples.
Note: If, for any tax year, you are withholding tax interest. Because
required to allocate a foreign loss, $1,600 of the general limitation loss
you must make certain adjustments was used to reduce your passive Part IV—Summary of Credits
to income you receive in the loss income in 1996, $1,600 of your 1997 From Separate Parts III
category in later years. See general limitation income must be
Recharacterization of income recharacterized as passive income. Complete this part only if you are
below. Similarly, $400 of the general completing more than one Form
2. Recapture of prior year overall limitation income must be 1116. Use only one Form 1116 to
foreign loss.— If you had an overall recharacterized as high withholding summarize the credits you figured on
foreign loss in a prior year that offset tax interest. On your 1997 Form 1116 all your Forms 1116. Enter the credits
U.S. source income, a part of your for passive income, you would enter from line 21 of the separate Forms
foreign income (in the same category $1,600 on line 15. On your 1997 1116 on lines 22 through 29, as
as the loss) is treated as U.S. source Form 1116 for high withholding tax appropriate. File the other Forms
income in each following tax year. interest, you would enter $400 on line 1116 as attachments.
15.
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