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Формуляр 8801 Инструкции

Инструкция за формуляр 8801, Кредит за предходната година Минимален данък за инвестиции, имоти и тръстове

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Department of the Treasury  
Internal Revenue Service  
2023  
Instructions for Form 8801  
Credit for Prior Year Minimum Tax—Individuals, Estates, and Trusts  
Section references are to the Internal Revenue Code unless  
otherwise noted.  
line 4. Otherwise, enter on Form 8801, line 4, the amount from  
Schedule I, line 27, adjusted for exclusion items that were  
allocated to the beneficiary.  
Future Developments  
Note. If you complete Parts I and II of a 2022 Form 1041,  
Schedule I, as a worksheet to figure the amount to enter on 2023  
Form 8801, line 4, don't attach that worksheet Schedule I to  
your tax return. Instead, keep it for your records.  
For the latest information about developments related to Form  
8801 and its instructions, such as legislation enacted after they  
were published, go to IRS.gov/Form8801.  
Line 2  
General Instructions  
Enter on this line the adjustments and preferences treated as  
exclusion items. Exclusion items are only the following AMT  
adjustments and preferences: certain itemized deductions  
(including any investment interest expense reported on  
Schedule E), certain tax-exempt interest, depletion, the section  
1202 exclusion, the standard deduction, and any other  
adjustments related to exclusion items. If you didn’t file a  
Schedule A in 2022, include your 2022 standard deduction.  
Combine lines 2a, 2b, 2c, 2d, 2g, and 2h of your 2022 Form  
6251. Don't include any amount from line 2j of the 2022 Form  
6251. Instead, include the exclusion item amount from the  
Schedule(s) K-1 (Form 1041) you received for 2022. That  
amount is shown in box 12 with code J. If you included on line 3  
of the 2022 Form 6251 any adjustments related to exclusion  
items, also include those adjustments in the amount you enter  
on line 2. Enter the total on line 2.  
Purpose of Form  
Use Form 8801 if you are an individual, estate, or trust to figure  
the minimum tax credit, if any, for alternative minimum tax (AMT)  
you incurred in prior tax years and to figure any credit  
carryforward to 2024.  
Who Should File  
Complete Form 8801 if you are an individual, estate, or trust that  
for 2022 had:  
An AMT liability and adjustments or preferences other than  
exclusion items,  
A credit carryforward to 2023 (on 2022 Form 8801, line 26), or  
An unallowed qualified electric vehicle credit (see the  
instructions for line 20).  
File Form 8801 only if line 21 is more than zero.  
Exclusion items on other lines. If you included any exclusion  
item on a line not listed above, include that item in the amount  
you enter on line 2. For example, if depletion was included on  
Form 6251 as an adjustment on line 2m (passive activities)  
instead of on line 2d (depletion), include it as an exclusion item  
in the amount you enter on line 2.  
Specific Instructions  
The AMT is a separate tax that is imposed in addition to your  
regular tax. It is caused by two types of adjustments and  
preferences—deferral items and exclusion items. Deferral items  
(for example, depreciation) generally don't cause a permanent  
difference in taxable income over time. Exclusion items (for  
example, the standard deduction), on the other hand, do cause a  
permanent difference. The minimum tax credit is allowed only for  
the AMT caused by deferral items.  
Line 3  
Your minimum tax credit net operating loss deduction  
(MTCNOLD) is the total of the minimum tax credit net operating  
loss (MTCNOL) carryovers and carrybacks to 2022. Your  
MTCNOL is figured as follows.  
Your MTCNOL is the excess of the deductions allowed when  
computing alternative minimum taxable income (AMTI) for 2022  
(excluding the MTCNOLD) over the income used to figure AMTI  
taking into account only exclusion items for both. Figure this  
excess with the modifications in section 172(d) taking into  
account only exclusion items. (That is, the section 172(d)  
modifications must be figured separately for the MTCNOL.)  
Part I—Net Minimum Tax on Exclusion  
Items  
Line 1—Estates and Trusts  
These line 1 instructions are for estates and trusts only. If you are  
filing on behalf of an estate or trust, skip lines 1 through 3 of  
Form 8801. To figure the amount to enter on line 4 of Form 8801,  
complete Parts I and II of another 2022 Form 1041, Schedule I,  
as a worksheet. After completing lines 1 and 6 of Schedule I,  
complete the rest of Part I of Schedule I by taking into account  
only exclusion items (the amounts included on lines 2, 3, 4, 5, 7,  
and 8, and any other adjustments related to exclusion items  
included on line 21 of Schedule I). On line 22 of Schedule I, use  
the minimum tax credit net operating loss deduction  
For example, the limitation of nonbusiness deductions to the  
amount of nonbusiness income must be figured separately for  
the MTCNOL using only nonbusiness income and deductions  
but taking into account only exclusion items. However, ignore the  
disallowance of the deduction for personal exemptions under  
section 172(d)(3) because it has already been taken into  
account to figure AMTI attributable only to exclusion items.  
To determine the amount of MTCNOL that may be carried to  
tax years other than 2022, apply sections 172(b)(2) and 172(d)  
with appropriate modifications to take into account only  
exclusion items.  
(MTCNOLD). However, don't limit the MTCNOLD to 90% of the  
total of lines 1 through 21 of Schedule I. (See the instructions for  
line 3 of Form 8801 for how to figure the MTCNOLD.) In Part II of  
Schedule I, complete lines 33 and 34 without taking into account  
any basis adjustments arising from deferral items. If the amount  
on Schedule I, line 27, is zero or less, enter -0- on Form 8801,  
Jun 13, 2023  
Cat. No. 10600C  
of each 2022 Form 1116. You will use these MTFTCE Forms  
1116 to figure the MTFTCE amount to enter on line 12 of Form  
8801.  
Line 4  
If your filing status was married filing separately for 2022 and  
line 4 is more than $776,100, you must include an additional  
amount on line 4. If line 4 is $1,012,300 or more, include an  
additional $59,050 on line 4. Otherwise, include 25% of the  
excess of the amount on line 4 over $776,100. For example, if  
the amount on line 4 is $796,100, enter $801,100 instead—the  
additional $5,000 is 25% of $20,000 ($796,100 minus  
$776,100).  
Figuring high-taxed income. When applying the separate  
categories of income, use the applicable AMT rate instead of the  
regular tax rate to determine if any income is “high-taxed.”  
Step 2. Complete Part I of each MTFTCE Form 1116 using only  
taxable income and exclusion items that are attributable to  
sources outside the United States. See Foreign source qualified  
adjustments.  
Simplified limitation election. If you figured your 2022  
AMTFTC using the simplified limitation election, skip Part I and  
Line 10  
If you filed Form 1040-NR for 2022 and had a net gain on the  
disposition of U.S. real property interests, line 10 can't be less  
than the smaller of that net gain or line 4.  
Foreign source qualified dividends and capital gains (los-  
ses). If you had any 2022 foreign source qualified dividends or  
foreign source capital gains (including any foreign source capital  
gain distributions) or losses, use the following instructions to  
determine whether you must make adjustments to those  
amounts before you include the amounts on line 1a or line 5 of  
the MTFTCE Form 1116.  
Line 11  
If for 2022 you claimed the foreign earned income exclusion,  
housing exclusion, or housing deduction on Form 2555, you  
must use the Foreign Earned Income Tax Worksheet in these  
instructions to figure the amount to enter on line 11.  
Line 12  
Foreign qualified dividends. You must adjust your foreign  
source qualified dividends before you include those amounts on  
line 1a of the MTFTCE Form 1116 if:  
Figuring the minimum tax foreign tax credit on exclusion  
items (MTFTCE). If you made an election to claim the foreign  
tax credit on your 2022 Form 1040, 1040-SR, or 1040-NR  
without filing Form 1116, your MTFTCE is the same as the  
foreign tax credit on your 2022 Schedule 3 (Form 1040), line 1.  
Enter that amount on Form 8801, line 12. Otherwise, your  
MTFTCE is your 2022 AMT foreign tax credit (AMTFTC)  
refigured using only exclusion items. Figure your MTFTCE as  
follows.  
Line 53 of Form 8801 is smaller than line 54, and  
Line 32 of Form 8801 is greater than zero.  
But you don't need to make any adjustments if:  
You qualified for the adjustment exception under Qualified  
Dividends and Capital Gain Tax Worksheet (Individuals),  
Qualified Dividends Tax Worksheet (Estates and Trusts), or  
Adjustments to foreign qualified dividends under Schedule D  
Filers, whichever applies, in the Instructions for Form 1116 when  
you completed your regular tax Form 1116 (or you would've  
qualified for that adjustment exception if you had completed a  
regular tax Form 1116) for 2022; and  
Step 1. Separate your foreign source income into categories.  
See the 2022 Instructions for Form 1116 for information about  
categories of income. Complete a separate 2022 Form 1116 for  
the MTFTCE for each separate category of income. Write  
“MTFTCE” and specify the category of income in the top margin  
Line 32 of Form 8801 isn't more than $206,100 ($103,050 if  
married filing separately for 2022).  
Keep for Your Records  
Foreign Earned Income Tax Worksheet—Line 11  
If Form 8801, line 10, is zero, don't complete this worksheet.  
Before you begin:  
1. Enter the amount from Form 8801, line 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
1.  
2a. Enter the amount from your (and your spouse's if filing jointly) 2022 Form 2555, lines 45  
and 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2a.  
b. Enter the total amount of any itemized deductions or exclusion items you couldn't claim  
because they are related to excluded income . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2b.  
c. Subtract line 2b from line 2a. If zero or less, enter -0- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
3. Add lines 1 and 2c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
4. Tax on the amount on line 3.  
2c.  
3.  
If for 2022 you reported capital gain distributions directly on Form 1040 or 1040-SR,  
line 7; or you reported qualified dividends on Form 1040 or 1040-SR, line 3a; or you had a  
gain on both lines 15 and 16 of Schedule D (Form 1040), enter the amount from line 3 of  
this worksheet on Form 8801, line 27. Complete the rest of Part III of Form 8801. However,  
before completing Part III, see Form 2555, later, to see if you must complete Part III with  
certain modifications. Then enter the amount from Form 8801, line 55, here.  
4.  
All others: If line 3 is $206,100 or less ($103,050 or less if married filing separately for  
2022), multiply line 3 by 26% (0.26). Otherwise, multiply line 3 by 28% (0.28) and subtract  
$4,122 ($2,061 if married filing separately for 2022) from the result.  
5. Tax on the amount on line 2c. If line 2c is $206,100 or less ($103,050 or less if married filing  
separately for 2022), multiply line 2c by 26% (0.26). Otherwise, multiply line 2c by 28% (0.28) and  
subtract $4,122 ($2,061 if married filing separately for 2022) from the result . . . . . . . . . . . . . . . .  
5.  
6.  
6. Subtract line 5 from line 4. Enter the result here and on Form 8801, line 11 . . . . . . . . . . . . . . . . .  
-2-  
Instructions for Form 8801 (2023)  
 
To adjust your foreign source qualified dividends, multiply  
your foreign source qualified dividends in each separate  
category by 0.5357 (instead of 0.4054) if the foreign source  
qualified dividends are taxed at a rate of 15%, and by 0.7143  
(instead of 0.5405) if they are taxed at a rate of 20%. Include the  
results on line 1a of the applicable MTFTCE Form 1116.  
You adjust your foreign source qualified dividends taxed at a  
rate of 0% by not including them on line 1a of MTFTCE Form  
1116.  
For individuals, the amounts taxed at the 0% rate are on line 9  
of the Qualified Dividends and Capital Gain Tax Worksheet in the  
2022 Instructions for Form 1040 or line 22 of the Schedule D Tax  
Worksheet in the 2022 Instructions for Schedule D (Form 1040).  
For estates and trusts, the amounts taxed at the 0% tax rate  
are found on line 19 of the Schedule D Tax Worksheet in the  
2022 Instructions for Schedule D (Form 1041), or line 8 of the  
Qualified Dividends Tax Worksheet in the 2022 Instructions for  
Form 1041, whichever applies.  
worksheet is zero, or (c) line 23 of that worksheet is equal to or  
greater than line 24.  
You figured your 2022 tax using the Schedule D Tax  
Worksheet in the Instructions for Schedule D (Form 1040) and  
(a) line 18 of that worksheet is zero, (b) line 9 of that worksheet is  
zero or less, or (c) line 45 of that worksheet is equal to or greater  
than line 46.  
You figured your 2022 tax using Schedule D (Form 1041) and  
(a) line 27 of Schedule D is zero, (b) line 22 of Schedule D minus  
the amount on line 4e of Form 4952 that you elected to include  
on line 4g of Form 4952 is zero or less, or (c) line 43 of  
Schedule D is equal to or greater than line 44.  
You figured your 2022 tax using the Schedule D Tax  
Worksheet in the Instructions for Schedule D (Form 1041) and  
(a) line 17a of that worksheet is zero, (b) line 9 of that worksheet  
is zero or less, or (c) line 42 of that worksheet is equal to or  
greater than line 43.  
Use Worksheet B in the 2022 Instructions for Form 1116 if  
you:  
Can't use Worksheet A,  
Don’t adjust the amount of any foreign source qualified  
Had 2022 foreign source capital gains and losses in no more  
dividend you elected to include on line 4g of Form 4952.  
!
CAUTION  
than two separate categories,  
Didn't have any item of unrecaptured section 1250 gain or  
Individuals with capital gain distributions only. If you had  
no 2022 capital gains or losses other than capital gain  
distributions from box 2a of Form(s) 1099-DIV or substitute  
statement(s), you must adjust your foreign source capital gain  
distributions before you include those amounts on line 1a of the  
MTFTCE Form 1116 if you are required to adjust your foreign  
source qualified dividends under the rules just described or you  
would be required to adjust your foreign source qualified  
dividends if you had any.  
28% rate gain or loss, and  
Didn't have any capital gains taxed at a rate of 0% or 20%.  
Instructions for Worksheets A and B. When you complete  
Worksheet A or Worksheet B, don't use any foreign source  
capital gains you elected to include on line 4g of Form 4952. Use  
0.5357 instead of 0.4054 to complete lines 11, 13, and 15 of  
Worksheet B and to complete lines 8, 11, and 17 of the Line 15  
Worksheet for Worksheet B.  
If you don't qualify to use Worksheet A or Worksheet B, use  
the instructions for Capital Gains and Losses in Pub. 514,  
Foreign Tax Credit for Individuals, to determine the adjustments  
you make. Also see the 2022 Instructions for Form 6251 for  
information on rate substitutions that would apply when  
determining those adjustments.  
To adjust your foreign source capital gain distributions,  
multiply your foreign source capital gain distributions in each  
separate category by 0.5357 (instead of 0.4054) if the foreign  
source capital gain distributions are taxed at a rate of 15%, and  
by 0.7143 (instead of 0.5405) if they are taxed at a rate of 20%.  
Include the results on line 1a of the applicable MTFTCE Form  
1116.  
You adjust your foreign source capital gain distributions taxed  
at a rate of 0% by not including them on line 1a of MTFTCE  
Form 1116.  
Step 3. Complete lines 9 through 17 of the MTFTCE Form  
1116. For line 9, use the same amount you entered on that line  
for 2022 for the regular tax. Use your MTFTCE carryover, if any,  
on line 10.  
Simplified limitation election. If you figured your 2022  
AMTFTC using the simplified limitation election, complete lines 9  
through 14 of the MTFTCE Form 1116. For line 9, use the same  
amount you entered on that line for 2022 for the regular tax. Use  
your MTFTCE carryover, if any, on line 10. Enter on line 17 the  
same amount you entered on that line for the 2022 AMT Form  
1116.  
For individuals, the amounts taxed at the 0% rate are on line 9  
of the Qualified Dividends and Capital Gain Tax Worksheet in the  
2022 Instructions for Form 1040 or line 22 of the Schedule D Tax  
Worksheet in the 2022 Instructions for Schedule D (Form 1040).  
For estates and trusts, the amounts taxed at the 0% tax rate  
are found on line 19 of the Schedule D Tax Worksheet in the  
2022 Instructions for Schedule D (Form 1041), or line 8 of the  
Qualified Dividends Tax Worksheet in the 2022 Instructions for  
Form 1041, whichever applies.  
Step 4. Enter the amount from Form 8801, line 4, on line 18 of  
the MTFTCE Form 1116 and go to Step 5 unless you must  
complete an MTFTCE Worksheet for Line 18. In most cases, you  
must complete an MTFTCE Worksheet for Line 18 if you  
completed Part III of Form 8801 and:  
Don’t adjust the amount of any foreign source capital  
gain distribution you elected to include on line 4g of  
!
CAUTION  
Form 4952.  
Line 53 of Form 8801 is smaller than line 54, and  
Line 32 of Form 8801 is greater than zero.  
Other capital gains or losses. Use Worksheet A in the 2022  
Instructions for Form 1116 to determine the adjustments you  
must make to your foreign source capital gains or losses if you  
have foreign source capital gains or losses in no more than two  
separate categories and any of the following apply.  
But even if you meet the requirements above, you don't need  
to complete an MTFTCE Worksheet for Line 18 if:  
You qualified for the adjustment exception under Qualified  
Dividends and Capital Gain Tax Worksheet (Individuals),  
Qualified Dividends Tax Worksheet (Estates and Trusts), or  
Adjustments to foreign qualified dividends under Schedule D  
Filers, whichever applies, in the Instructions for Form 1116 when  
you completed your regular tax Form 1116 (or you would've  
qualified for that adjustment exception if you had completed a  
regular tax Form 1116) for 2022; and  
You weren't required to make adjustments to your foreign  
source qualified dividends under the rules described earlier (or  
you wouldn't have been required to make those adjustments if  
you had foreign source qualified dividends).  
Line 15 or 16 of your 2022 Schedule D (Form 1040) (column  
(2) of line 18a or 19 of Schedule D (Form 1041)) is zero or a loss.  
You figured your 2022 tax using the Qualified Dividends and  
Line 32 of Form 8801 isn't more than $206,100 ($103,050 if  
Capital Gain Tax Worksheet in the Instructions for Form 1040  
and (a) line 3 of that worksheet is zero or less, (b) line 5 of that  
married filing separately for 2022).  
-3-  
Instructions for Form 8801 (2023)  
 
Instructions for MTFTCE Worksheet for Line 18. If you  
must complete an MTFTCE Worksheet for Line 18 for your  
MTFTCE Form 1116, you will use the Worksheet for Line 18 in  
the Instructions for Form 1116 and do the following.  
Credit to Holders of Tax Credit Bonds, on line 6k). Enter the  
result. If the result is zero or less, enter -0-.  
Form 1041, Schedule G. Add the credits on lines 2a and 2b,  
plus any write-in credits on line 2e. Subtract the result from the  
total of lines 1a and 1b, plus any Form 8978 amount included on  
line 1d. Enter the result. If the result is zero or less, enter -0-.  
1. Enter the amount from Form 8801, line 4, on line 1 of the  
worksheet.  
2. Skip lines 2 and 3 of the worksheet.  
Part III—Tax Computation Using  
Maximum Capital Gains Rates  
3. Enter the amount from Form 8801, line 51, on line 4 of the  
worksheet.  
4. Multiply line 4 of the worksheet by 0.1071 (instead of  
0.3243). Enter the result on line 5 of the worksheet.  
If your 2022 taxable income was zero or less, enter -0- on Form  
8801, line 35. You must also take one of the following actions,  
whichever applies to you, before completing lines 28, 29, and 30  
of Part III.  
5. Enter the amount from Form 8801, line 48, on line 6 of the  
worksheet.  
Complete lines 2 through 4 of the Qualified Dividends and  
6. Multiply line 6 of the worksheet by 0.2857 (instead of  
0.4595). Enter the result on line 7 of the worksheet.  
Capital Gain Tax Worksheet in the 2022 Instructions for Form  
1040.  
7. Enter the amount from Form 8801, line 45, on line 8 of the  
Complete lines 2 through 13 of the Schedule D Tax Worksheet  
worksheet.  
in the 2022 Instructions for Schedule D (Form 1040) or the 2022  
Instructions for Schedule D (Form 1041), whichever applies.  
8. Multiply line 8 of the worksheet by 0.4643 (instead of  
0.5946). Enter the result on line 9 of the worksheet.  
Complete lines 2 through 4 of the Qualified Dividends Tax  
Worksheet in the 2022 Instructions for Form 1041.  
9. Enter the amount from Form 8801, line 38, on line 10 of  
Complete lines 22 through 26 of the 2022 Schedule D (Form  
the worksheet.  
1041).  
10. Complete lines 11 and 12 of the worksheet as instructed  
on the worksheet.  
To determine which worksheet or form above applies to you, see  
the 2022 Instructions for Form 1040, line 16; Form 1040-NR,  
line 16; or Form 1041, Schedule G, line 1a.  
11. Enter the amount from your MTFTCE Worksheet for  
Line 18 on your MTFTCE Form 1116, line 18.  
Lines 28, 29, and 30  
Step 5. Enter the amount from Form 8801, line 11, on the  
MTFTCE Form 1116, line 20. Complete lines 19 through 24 of  
the MTFTCE Form 1116.  
Follow the instructions below to figure the amounts to enter on  
lines 28, 29, and 30 if, for 2022:  
1. You filed Form 1041 and didn't use the Schedule D Tax  
Worksheet or Part V of Schedule D (Form 1041) to figure your  
tax, or  
Step 6. Complete Part IV of the first MTFTCE Form 1116 only.  
Enter the amount from that MTFTCE Form 1116, line 35, on  
Form 8801, line 12.  
2. You filed Form 2555 and have an AMT capital gain excess  
(defined later).  
Note. Keep all Forms 1116 you used to figure your MTFTCE,  
but don't attach them to your tax return.  
If line 14 of the MTFTCE Form 1116 is greater than line 21 of  
the MTFTCE Form 1116, keep a record of the difference. This  
amount is carried forward and used to figure your MTFTCE next  
year.  
Otherwise, complete lines 28, 29, and 30 following the  
instructions for those lines on the form.  
Estates and trusts. If (1) above applies, enter the amount from  
line 4 of the Qualified Dividends Tax Worksheet in the 2022  
Instructions for Form 1041 on Form 8801, lines 28 and 30; skip  
Form 8801, line 29; and enter on Form 8801, lines 35 and 42, the  
amount from line 5 of that worksheet.  
Part II—Minimum Tax Credit and  
Carryforward to 2024  
Form 2555. If (2) above applies, and you filed Form 2555 for  
2022 and you have an AMT capital gain excess, you must  
complete Part III of Form 8801 with certain modifications. To see  
if you have an AMT capital gain excess, subtract Form 8801,  
line 10, from line 4 of your 2022 Qualified Dividends and Capital  
Gain Tax Worksheet or line 10 of your 2022 Schedule D Tax  
Worksheet, whichever applies. If the result is more than zero,  
that amount is your AMT capital gain excess.  
If you have an AMT capital gain excess, figure the amounts to  
enter on lines 28, 29, and 30 of Form 8801 using the following  
modifications (only for purposes of Part III of Form 8801).  
1. Reduce the amount on line 3 of your 2022 Qualified  
Dividends and Capital Gain Tax Worksheet or line 9 of your 2022  
Schedule D Tax Worksheet (but not below zero) by your AMT  
capital gain excess.  
2. Reduce the amount on line 2 of your 2022 Qualified  
Dividends and Capital Gain Tax Worksheet or line 6 of your 2022  
Schedule D Tax Worksheet (but not below zero) by any of your  
AMT capital gain excess not used in (1).  
3. Reduce the amount on your 2022 Schedule D (Form  
1040), line 18 (but not below zero) by your AMT capital gain  
excess.  
Line 20  
Enter any qualified electric vehicle credit not allowed for 2022  
solely because of the limitation under section 30(b)(3)(B) (as in  
effect prior to the amendment of section 30 by Public Law 111-5,  
the American Recovery and Reinvestment Tax Act of 2009).  
Line 21  
If line 21 is zero or less, you don't have a minimum tax credit or a  
credit carryforward. Don't complete the rest of this form and don't  
file it.  
Line 22  
Follow the instructions below and refer to your 2023 income tax  
return to figure the amount to enter on line 22.  
Form 1040, 1040-SR, or 1040-NR. Add the amounts from  
Form 1040, 1040-SR, or 1040-NR, line 16 and Schedule 2 (Form  
1040), line 2. Subtract from the result the total of any credits from  
Form 1040, 1040-SR, or 1040-NR, line 19 and Schedule 3 (Form  
1040), lines 1 through 6z (not including any credit for prior year  
minimum tax on line 6b or any credit claimed on Form 8912,  
-4-  
Instructions for Form 8801 (2023)  
   
4. Include your AMT capital gain excess as a loss on line 16  
of your 2022 Unrecaptured Section 1250 Gain Worksheet in the  
2022 Instructions for Schedule D (Form 1040).  
States. You are required to give us the information. We need it to  
ensure that you are complying with these laws and to allow us to  
figure and collect the right amount of tax.  
Also see the instructions for line 35.  
You are not required to provide the information requested on  
a form that is subject to the Paperwork Reduction Act unless the  
form displays a valid OMB control number. Books or records  
relating to a form or its instructions must be retained as long as  
their contents may become material in the administration of any  
Internal Revenue law. Generally, tax returns and return  
Line 35  
Form 2555. If you filed Form 2555 for 2022, the amount you  
enter on line 35 will take into account your regular tax capital  
gain excess, if any, for 2022.  
If you filed Form 2555 for 2022 and you didn't complete either  
the Qualified Dividends and Capital Gain Tax Worksheet or the  
Schedule D Tax Worksheet for the regular tax, enter the amount  
from line 3 of the Foreign Earned Income Tax Worksheet in the  
Instructions for Form 1040 (as figured for the regular tax).  
information are confidential, as required by section 6103.  
The time needed to complete and file this form will vary  
depending on individual circumstances. The estimated burden  
for individual taxpayers filing this form is approved under OMB  
control number 1545-0074 and is included in the estimates  
shown in the instructions for their individual income tax return.  
The estimated burden for all other taxpayers who file this form is  
shown below.  
For information on regular tax capital gain excess and AMT  
capital gain excess (if you filed Form 2555), see Line 20 in the  
2022 Instructions for Form 6251.  
Line 42  
Recordkeeping . . . . . . . . . . . . . . . . . .  
Learning about the law or the form . . .  
Preparing the form . . . . . . . . . . . . . . .  
Copying, assembling, and sending the  
form to the IRS . . . . . . . . . . . . . . . .  
2 hrs., 4 min.  
2 hrs., 13 min.  
1 hr., 57 min.  
Follow the instructions below to figure the amount to enter on  
line 42.  
Form 1040, 1040-SR, or 1040-NR. If you didn't complete the  
2022 Qualified Dividends and Capital Gain Tax Worksheet or the  
2022 Schedule D Tax Worksheet, enter the amount from your  
2022 Form 1040, 1040-SR, or 1040-NR, line 15; if zero or less,  
enter -0-. If you didn't complete either 2022 worksheet and you  
filed a 2022 Form 2555, enter the amount from line 3 of the  
Foreign Earned Income Tax Worksheet in the 2022 Instructions  
for Form 1040.  
48 min.  
If you have comments concerning the accuracy of these time  
estimates or suggestions for making this form simpler, we would  
be happy to hear from you. See the instructions for the tax return  
with which this form is filed.  
Paperwork Reduction Act Notice. We ask for the information  
on this form to carry out the Internal Revenue laws of the United  
-5-  
Instructions for Form 8801 (2023)