Pilih bahasa

Form 965-B Instruksi

Instruksi untuk Form 965-B, Corporate and Real Estate Investment Trust (REIT) Laporan Net 965 Tax Liability dan Electing REIT Report 965 Jumlah

Rev. Januari 2021

Formulir Terkait

  • Bentuk 965-B - Laporan Corporate and Real Estate Investment Trust (REIT) dari Net 965 Tax Liability dan Electing REIT Report 965 Jumlah
Detail
Format Berkas PDF
Ukuran 137.9 KB
Unduh
Department of the Treasury  
Internal Revenue Service  
Instructions for Form 965-B  
(Rev. January 2021)  
Corporate and Real Estate Investment Trust (REIT) Report of Net 965 Tax Liability  
and Electing REIT Report of 965 Amounts  
Section references are to the Internal Revenue Code unless  
otherwise noted.  
election to pay a net 965 tax liability over 8 years, and (ii) an  
election by real estate investment trusts (REITs) to take into  
account a section 965(a) inclusion and section 965(c) deduction  
over an 8-year time period beginning in the year such amounts  
would otherwise have been taken into account. An electing REIT  
must complete Part III of Form 965-B.  
Future Developments  
For the latest information about developments related to Form  
965-B and its instructions, such as legislation enacted after they  
were published, go to IRS.gov/Form965B.  
General Instructions  
What’s New  
Purpose of Form  
In Parts I, II, and III of the form, line 4 is now designated for use  
for 2020 reporting.  
This form should be used by corporate taxpayers and REITs.  
This form is used to report a taxpayer’s net 965 tax liability for  
each tax year in which a taxpayer must pay or include section  
965 amounts. In addition, this form is used to report the  
Changes to the carryback of net operating losses. The  
Coronavirus Aid, Relief, and Economic Security Act (CARES  
Act) added section 172(b)(1)(D)(i), which provides for a  
carryback of any net operating loss (NOL) arising in a taxable  
year beginning after December 31, 2017, and before January 1,  
2021, to each of the five taxable years preceding the taxable  
year in which the loss arises, including those years in which a  
taxpayer had a section 965(a) inclusion (section 965 years). A  
taxpayer applying for a tentative refund resulting from the  
carryback of an NOL to a section 965 year must include with the  
Form 1139 an amended Form 965-B to record the amount of the  
change in the section 965 net tax liability, if any, caused by the  
NOL carryback, and a statement of explanation to explain the  
change in the section 965 net tax liability. See Rev. Proc.  
2020-24, 2020-18 I.R.B. 750, and Frequently asked questions  
965 inclusions for additional information regarding the  
consequences of carrying back an NOL to a section 965 year,  
including limitations on refunds for taxpayers that carry back  
NOLs to section 965 years.  
determination of a taxpayer’s net 965 tax liability, whether or not  
it is to be paid in installments; the payments of a net 965 tax  
liability; and adjustments of any net 965 tax liabilities  
outstanding, including any net 965 tax liability of the taxpayer  
that has been assumed by another taxpayer or any net 965 tax  
liability that the taxpayer has assumed. For an electing REIT, this  
form also is used to report the section 965 amounts it elects to  
take into account over an 8-year time period; the portion of the  
amounts taken into account for each reporting year; and the  
amount remaining to be taken into account after a reporting year.  
In summary, this form is intended to be a cumulative report of a  
taxpayer’s net 965 tax liabilities through payment in full, and for  
an electing REIT, a report of section 965 amounts taken into  
account over time until such amounts are fully taken into  
account. This form must be completed by a taxpayer for every  
tax year for which the taxpayer has any net 965 tax liability  
outstanding and not fully paid at any point during the tax year.  
Furthermore, this form must be completed by an electing REIT  
for every tax year for which the REIT has any section 965  
amounts taken into account in accordance with section 965(m)  
or not fully taken into account at any point during the tax year.  
Reminders  
The IRS has developed Form 965-C, Transfer Agreement Under  
Section 965(h)(3). The instructions for this form contain  
information that may be useful to filers of Form 965-B. As such,  
references to the instructions for Form 965-C have been added  
to Part I of these instructions for Form 965-B.  
Definitions  
Deferred foreign income corporation (DFIC). A DFIC is, with  
respect to any U.S. shareholder, any specified foreign  
corporation (as defined under section 965(e)) of a U.S.  
shareholder that has accumulated post-1986 deferred foreign  
income (as defined under section 965(d)(2)) as of November 2,  
2017, or December 31, 2017, that is greater than zero.  
Background  
On December 22, 2017, section 965 of the Code was amended.  
As a result of the amendment, certain taxpayers are required to  
include in income an amount (a section 965(a) inclusion amount)  
based on the accumulated post-1986 deferred foreign income of  
certain foreign corporations (specified foreign corporations) that  
are deferred foreign income corporations (DFICs) that they own  
either directly or indirectly through other entities. Other taxpayers  
may have inclusions in income under section 951(a) by reason  
of section 965 due to ownership of DFICs through domestic  
pass-through entities that are U.S. shareholders of the DFICs.  
When referring to both amounts in the preceding two sentences,  
these instructions use the term “section 965(a) inclusion.”  
Section 965 also allows for a deduction (section 965(c)  
U.S. shareholder. For tax years of foreign corporations  
beginning before January 1, 2018, a U.S. shareholder is a U.S.  
person who owns (directly, indirectly, or constructively) 10% or  
more of the total combined voting power of all classes of stock of  
a foreign corporation. A U.S. person for this purpose is defined  
in section 957(c) of the Code.  
Net income tax liability. The taxpayer’s regular income tax  
liability reduced by the credits allowed under subparts A, B, and  
D of part IV of subchapter A (generally non-refundable credits;  
specifically, those credits allowed under sections 21 through  
30D and sections 38 through 45T).  
deduction). Section 965(a) inclusions and corresponding section  
965(c) deductions are taken into account based on the last tax  
year of the DFIC that begins before January 1, 2018.  
Certain taxpayers may make certain elections with respect to  
section 965. Relevant to this form, these elections include (i) an  
Net 965 tax liability. The excess of the taxpayer’s net income  
tax liability computed with all section 965 amounts included  
(“with calculation”) over the taxpayer’s net income tax liability  
Dec 15, 2020  
Cat. No. 71281P  
without regard to section 965 (“without calculation”). See  
Regulations section 1.965-7(g)(10) for rules for computing the  
net 965 tax liability.  
was transferred to a taxpayer (transferee) in 2022, in 2022 the  
taxpayer (transferee) reports “2017” in column (a).  
Skip columns (b) through (g).  
In column (h), report, as a positive number, the remaining  
Reporting year. The tax year of the return with which this form  
installment payment liability assumed by the taxpayer as  
transferee. Then report the tax identification number of the  
transferor in column (i). Payments of such liability would then be  
reported on the corresponding line of Part II in the same manner  
as if the taxpayer were the transferor.  
is being filed.  
Who Must File  
Any corporate taxpayer who has a net 965 tax liability for any tax  
year or has any net 965 tax liability remaining unpaid at any time  
during a tax year, or an electing REIT with any section 965  
amount taken into account in accordance with section 965(m) or  
not taken into account at any time during a tax year, must file this  
form.  
For example, assume Transferor had an original net 965 tax  
liability of $100 in year 1, when an installment payment election  
was made. In years 1 through 5, Transferor reports payments of  
five 8% installments. Then, in year 6, the liability to pay the  
remaining installments (15%, 20%, and 25%) totaling $60 is  
transferred to Taxpayer as transferee. Taxpayer would report on  
a line in Part I the tax year of the net 965 tax liability for which the  
installment payment liability is being assumed in column (a); the  
$60 amount of the transfer as a positive number in column (h);  
and the tax identification number of Transferor in column (i). In  
addition, on the corresponding line in Part II, Taxpayer would  
report the $15 installment payment made in column (g), Paid for  
Year 6 (the installment year as if Taxpayer were paying as  
Transferor). In the next reporting year, Taxpayer would report all  
the same information in Part II, plus the payment of $20 (20% of  
the original $100 liability) in column (h), Paid for Year 7. In the  
following reporting year, Taxpayer would report all the same  
information as in year 7, plus the final payment of $25 (25% of  
the original $100 liability) in column (i), Paid for Year 8.  
When and Where To File  
File Form 965-B with the income tax return of the taxpayer for  
the reporting year by the due date (taking into account  
extensions, if any) of the return.  
Electronic Filing of Form 965-B  
If you file your income tax return electronically, Form 965-B is  
filed with the electronic income tax return. See the instructions  
for your income tax return for general information about  
electronic filing.  
Specific Instructions  
Amended Report  
Note. If lines 5 through 8 do not provide enough lines to report  
all the taxpayer’s transactions described above, an additional  
Form 965-B should be used.  
Check the amended report box at the top of page 1 of the form if  
Form 965-B is filed with an amended return that is filed to  
change any reporting related to section 965, regardless of  
whether a Form 965-B has previously been filed. The amended  
return box must also be checked for any amended Form 965-B  
filed with a Form 1139 applying for a tentative refund resulting  
from the carryback of an NOL to a section 965 year pursuant to  
section 172(b)(1)(D)(i).  
Note. Even if a net 965 tax liability was reported on a taxpayer’s  
income tax return and fully paid, because no elections were  
made, the taxpayer must complete the appropriate line in Part I  
and report the related payment in Part II, column (b).  
Note. If an installment election under section 965(h) was made,  
the taxpayer must complete the appropriate line in Part I as well  
as the corresponding line in Part II to report the status of the net  
965 tax liability and any related adjustments for the reporting  
year.  
Part I – Report of Net 965 Tax Liability  
and Election To Pay in Installments  
Lines 1 through 8. Report in Part I net 965 tax liability amounts  
as follows.  
Column (b). Report the taxpayer’s net income tax liability for  
the tax year reported in column (a), with all section 965 amounts  
included (“with calculation”).  
On lines 1, 2 and 3, you must continue to report 2017, 2018,  
and/or 2019 amounts for all columns, including the original  
computation of net 965 tax liability reported in columns (b)  
through (g) on a prior-year Form 965-B. Report in column (h) any  
current tax year net 965 tax liability transferred out (that is, for  
which you filed a valid transfer agreement as the transferor) or  
any current tax year subsequent adjustments. Also complete  
column (i) if applicable.  
Column (c). Report the taxpayer’s net income tax liability for  
the tax year reported in column (a), without regard to section 965  
(“without calculation”).  
Column (d). Report the excess of the taxpayer’s “with  
calculation” reported in column (b) over the “without calculation”  
reported in column (c). This is the taxpayer’s net 965 tax liability  
for the tax year reported in column (a).  
For tax year 2020, corporations are required to enter the  
amount from Form 965-B, Part I, column (d), line 4, on Form  
1120, Schedule J, Part III, line 22, or on the corresponding line of  
other corporate income tax returns.  
For 2020 tax years, use line 4 to report section 965(a)  
inclusions derived solely through interests in pass-through  
entities that are U.S. shareholders of DFICs.  
Use lines 5 through 8 to report other amounts of net 965 tax  
liability of the taxpayer, such as:  
Installment liability transfers in. The taxpayer may, in  
Column (e). If the taxpayer made an election to pay a net 965  
tax liability in installments over 8 years as provided for in section  
965(h) and in the manner described in Regulations section  
1.965-7(b)(2), enter a check mark in the “Yes” column. If “Yes,”  
skip column (f) and enter the amount from column (d) in column  
(g). Otherwise, enter a check mark in the “No” column. If “No,”  
enter the amount from column (d) in column (f) and skip column  
(g).  
certain circumstances, and by agreement with the Secretary,  
assume as transferee the installment payment liability for the  
transferor's remaining net 965 tax liability and pay it in the same  
manner as if the taxpayer were the transferor. (See instructions  
for Form 965-C for more details.) If this occurs, the transferee  
should complete one of lines 5 through 8 in Part I as follows:  
In column (a), enter the tax year of the net 965 tax liability for  
which the installment payment liability is being assumed. For  
example, if a net 965 tax liability incurred in tax year 2017 (with  
respect to which an installment payment election was made)  
-2-  
Instructions for Form 965-B (Rev. 01-2021)  
 
The actual payment of the first installment is due no later  
than the due date of the return for the tax year without  
extension, even if the election is made on a return filed  
Part II – Record of Amount of Net 965  
Tax Liability Paid by the Taxpayer  
!
CAUTION  
by the extended due date.  
Part II is intended to be a cumulative record of the actual  
payments the taxpayer has made with respect to the net 965 tax  
liabilities reported in Part I.  
A REIT electing to account for its section 965 amounts over 8  
years may not make an installment election for any net 965 tax  
liability for a tax year in which a portion of such section 965  
amounts is taken into account. If an election is made to account  
for a REIT's section 965 amounts over 8 years, the portion of the  
net 965 tax liability attributable to the section 965 amounts  
included in each year must be paid in full for that year.  
Line 1. This line records the actual payments with respect to the  
net 965 tax liability reported on line 1 of Part I for the tax year  
2017.  
The general installment payment schedule for a net 965 tax  
liability subject to an election to pay in installments is:  
Column (h). Report the following in column (h):  
1. 8% of the net 965 tax liability payable in year 1, the year  
of the section 965(a) inclusion,  
Report, as a negative number, any net 965 tax liability for the  
year reported in column (a) that has been transferred out to a  
transferee by agreement with the Secretary, under which the  
transferee becomes liable for the remaining installments due on  
the liability in the same manner as if such transferee were the  
taxpayer. (See instructions for Form 965-C for more details.) In  
addition, provide the tax identification number of the transferee  
in column (i). For example, if the taxpayer (transferor) incurred a  
net 965 tax liability in tax year 2017, for which an installment  
payment election was made, then properly transferred the  
liability net of payments previously made to a transferee in 2022,  
the taxpayer (transferor) would report, on line 1, column (h), as a  
negative number, the amount of the net liability transferred out.  
The making and reporting of payments on such liability should  
generally cease. However, reporting with respect to the net 965  
tax liability is still required for the reporting year if any net 965 tax  
liability of the taxpayer remains unpaid at any time during the  
reporting year.  
2. 8% of the net 965 tax liability payable in year 2,  
3. 8% of the net 965 tax liability payable in year 3,  
4. 8% of the net 965 tax liability payable in year 4,  
5. 8% of the net 965 tax liability payable in year 5,  
6. 15% of the net 965 tax liability payable in year 6,  
7. 20% of the net 965 tax liability payable in year 7, and  
8. 25% of the net 965 tax liability payable in year 8.  
If, for any reason, the actual payment differs from the  
schedule, report the actual payment made.  
Example. If the reporting year is 2020 and the taxpayer is  
reporting a 2017 net 965 tax liability for which an installment  
payment election was made, because the 2020 reporting year is  
“Year 4” with respect to a 2017 net 965 tax liability being paid in  
installments, installment payments reported in Part II on line 1,  
the line for 2017, should generally be:  
Report any transfer in of a net 965 tax liability from a  
transferor by a transferee (see instructions for lines 1 through 8,  
earlier).  
In column (b), Paid for Year 1, report 8% of the 2017 net 965  
tax liability;  
In column (c), Paid for Year 2, report 8% of the 2017 net 965  
Report subsequent adjustments to the net 965 tax liability for  
the tax year reported in column (a) for which no amended return  
was required to be filed, such as an audit adjustment. A liability  
increase should be reported as a positive number and a  
decrease as a negative number.  
tax liability;  
In column (d), Paid for Year 3, report 8% of the 2017 net 965  
tax liability; and  
In column (e), Paid for Year 4, report 8% of the 2017 net 965  
tax liability.  
Note. An adjustment of a net 965 tax liability elected to be paid  
in installments generally is prorated to all installments.  
Column (a). For lines 5 through 8, report the tax year of the  
section 965(a) inclusion or the net 965 tax liability for which an  
installment payment liability is being assumed, as reported on  
the corresponding line of Part I, column (a).  
For example, for tax year 2017, a taxpayer (TP) reported a  
$100 net 965 tax liability for which an installment election was  
made. For each of years 1 through 5, TP pays and reports an $8  
installment. Also, in year 5, an audit adjustment increases the  
2017 net 965 tax liability to $150, a $50 positive adjustment. No  
amended return was required and there was no negligence,  
intentional disregard, or fraud on the part of TP. This adjustment  
would be prorated to all the installments. TP would report the  
$50 adjustment in Part I, line 1, column (h) as a positive number,  
so the reported adjusted liability would be $150. In addition, TP  
would pay and report (in addition to the original $8 installment  
reported for year 5) $20 on Part II, line 1, column (f),  
Columns (b) through (i). These columns are used to record  
the taxpayer’s cumulative payments, made each reporting year,  
for the net 965 tax liability reported on the corresponding line in  
Part I.  
If no installment election is made, the net 965 tax liability  
reported in Part I, column (f), should be paid and reported on the  
corresponding line of Part II, column (b), Paid for Year 1, and the  
remaining payment columns (c) through (i) left blank.  
If an installment election is made, and no transfers,  
acceleration events, or adjustments occur during the 8-year  
installment period, then:  
representing 8% of the adjustment prorated to each of years 1  
through 5, for which the installment due date had already  
arrived. For year 6, TP would pay and report $22.50 (15% of the  
adjusted liability); for year 7, $30 (20% of the adjusted liability);  
and for year 8, $37.50 (25% of the adjusted liability).  
In a case in which a net 965 tax liability for a tax year is both  
adjusted and transferred, report the net adjustment/transfer  
number in column (h), a transferee tax identification number in  
column (i), and provide a statement attached to this form which  
includes details of the amounts netted in column (h).  
8% of the net 965 tax liability should be paid and reported in  
column (b), Paid for Year 1 (the year of the installment payment  
election).  
In the next reporting year, the relevant information from the  
prior reporting year should be carried forward, plus 8% of the net  
965 tax liability should be paid and reported in column (c), Paid  
for Year 2.  
In future reporting years, the payments and payment reporting  
should continue similarly in accordance with the general  
installment payment schedule described above.  
If the taxpayer transfers out a net 965 tax liability, then the  
making and reporting of installment payments should generally  
-3-  
Instructions for Form 965-B (Rev. 01-2021)  
cease for the transferred net 965 tax liability in the year of  
transfer. However, reporting with respect to the net 965 tax  
liability is still required for the reporting year if any net 965 tax  
liability of the taxpayer remains unpaid at any time during the  
reporting year.  
If an acceleration event occurs, then the unpaid portion of all  
remaining installments is generally due on the date of the  
acceleration event and should be paid and reported in the  
column for the year in which the acceleration event occurs.  
However, reporting with respect to the net 965 tax liability is still  
required for the reporting year if any net 965 tax liability of the  
taxpayer remains unpaid at any time during the reporting year.  
If an adjustment occurs to a net 965 tax liability for which an  
installment election has been made, including on an amended  
return, the adjustment generally should be prorated over all the  
installment payments. For the part of the adjustment prorated to  
installments whose payment date has already arrived, adjust the  
payment for the reporting year in which the adjustment is made  
and report accordingly. For the part of the adjustment prorated to  
installments for which the payment date has not yet arrived, pay  
and report in accordance with the installment schedule.  
deduction for which an election was made to report the section  
965 amounts over time, because the 2020 reporting year is  
“Year 4” with respect to the 2017 section 965 amounts, the  
portions of the amounts taken into account should generally be  
reported as:  
Column (c), Portion Accounted for in Year 1, report 8% of the  
2017 section 965(a) inclusion and 8% of the section 965(c)  
deduction,  
Column (d), Portion Accounted for in Year 2, report 8% of the  
2017 section 965(a) inclusion and 8% of the section 965(c)  
deduction,  
In column (e), Portion Accounted for in Year 3, report 8% of  
the 2017 section 965(a) inclusion and 8% of the section 965(c)  
deduction, and  
In column (f), Portion Accounted for in Year 4, report 8% of  
the 2017 section 965(a) inclusion and 8% of the section 965(c)  
deduction.  
In future reporting years, report the amounts taken into  
account in prior years in the appropriate columns plus the  
amounts taken into account in the reporting year in the  
appropriate column in accordance with the above general  
schedule for taking into account the section 965 amounts,  
assuming no acceleration events occur.  
If an acceleration event occurs, the section 965(a) inclusion  
and 965(c) deduction remaining to be taken into account must  
be taken into account as of the day before the acceleration event  
occurs and reported for the year in which the acceleration event  
occurs. An acceleration event is a liquidation, sale, exchange, or  
other disposition of substantially all of the assets of the REIT  
(including in a bankruptcy proceeding or similar case), or a  
cessation of business by the REIT.  
Payments should include both actual installment payments  
made and excess payments of other income tax liabilities  
applied to the taxpayer’s net 965 tax liability.  
Column (j). Report the net 965 tax liability remaining unpaid  
after the payment for the reporting year. This amount should  
equal the amount reported on the corresponding line in Part I,  
column (d), plus or minus any amount reported on the  
corresponding line in Part I, column (h), less any payments  
reported in Part II, columns (b) through (i).  
Column (k). For each line, report only the payment made (if  
Column (k). Report the amount of the section 965(a) inclusion  
and section 965(c) deduction remaining to be taken into account  
at the end of the reporting year. This should equal the amount  
reported in column (b) less any amounts reported in columns  
(c)-(j).  
any) for the reporting year.  
For tax year 2020, corporations are required to enter the  
amount from Form 965-B, Part II, column (k), line 4, on Form  
1120, Schedule J, Part II, line 12, or on the corresponding line of  
other corporate income tax returns.  
Column (l). For each line, report only the portion of the section  
965(a) inclusion and section 965(c) deduction taken into account  
for the reporting year.  
Part III – Electing REIT Report of  
Section 965 Amounts Accounted for  
Over Time  
Paperwork Reduction Act Notice  
We ask for the information on this form to carry out the Internal  
Revenue laws of the United 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.  
Column (b). Report the amount of the section 965(a) inclusion  
and the section 965(c) deduction to which the election relates.  
Columns (c) through (j). Report the portion of the section  
965(a) inclusion and 965(c) deduction taken into account for the  
year to which the election relates and subsequent years in the  
elected 8-year time period. The reporting should generally follow  
the schedule immediately below.  
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  
The general schedule for taking into account the section  
965(a) inclusion and section 965(c) deduction is:  
8% of the amounts are taken into account in year 1 (year to  
which the election relates),  
information are confidential, as required by section 6103.  
8% of the amounts are taken into account in year 2,  
8% of the amounts are taken into account in year 3,  
8% of the amounts are taken into account in year 4,  
8% of the amounts are taken into account in year 5,  
15% of the amounts are taken into account in year 6,  
20% of the amounts are taken into account in year 7, and  
25% of the amounts are taken into account in year 8.  
The time needed to complete and file this form will vary  
depending on individual circumstances. The estimated burden  
for business taxpayers filing this form is approved under OMB  
control number 1545-0123 and is included in the estimates  
shown in the instructions for their business income tax return.  
For example, if the reporting year is 2020, and a REIT is  
reporting a 2017 section 965(a) inclusion and section 965(c)  
-4-  
Instructions for Form 965-B (Rev. 01-2021)