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Form 1120 Instructions for Schedule O

Instructions for Schedule O (Form 1120), Consent Plan and Apportionment Schedule for a Controlled Group

Rev. December 2018

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Department of the Treasury  
Internal Revenue Service  
Instructions for Schedule O  
(Form 1120)  
(Rev. December 2018)  
Consent Plan and Apportionment Schedule for a Controlled Group  
Section references are to the Internal  
Revenue Code unless otherwise noted.  
Have no apportionment plan in  
The filing of Schedule O by a  
effect and are not adopting an  
apportionment plan; or  
component member provides the  
required information as to the status  
of the group's apportionment plan.  
Such information must indicate, when  
applicable, whether all the component  
members of the controlled group are  
adopting, amending, or terminating an  
apportionment plan.  
Future Developments  
Already have an apportionment  
For the latest information about  
plan in effect.  
developments related to Schedule O  
(Form 1120) and its instructions, such  
as legislation enacted after they were  
published, go to IRS.gov/Form1120.  
Use Schedule O (Form 1120)  
(Rev. December 2012) to  
amend an existing  
!
CAUTION  
apportionment plan for tax years  
beginning before January 1, 2018.  
If all such members complete the  
What’s New  
required written agreement setting  
forth the terms of the adopted or  
amended apportionment plan or an  
agreement to terminate a previously  
adopted plan, then each member of  
that group may rely on this agreement  
as the member's basis for  
Schedule O (Form 1120) and the  
Instructions for Schedule O (Form  
1120) have been revised to reflect the  
replacement of the graduated  
corporate tax structure with a flat 21%  
corporate tax rate and the repeal of  
the corporate alternative minimum tax.  
These changes are effective for tax  
years beginning after December 31,  
2017.  
Who Must File  
A corporation must file Schedule O  
with its income tax return, amended  
return, or claim for refund for each tax  
year that the corporation is a  
representing on its Schedule O that  
the other component members of the  
group also have consented to  
component member of a controlled  
group, even if (1) no apportionment  
plan is in effect, or (2) the amounts  
apportioned have not changed from  
the previous tax year. See Definitions  
adopting, amending, or terminating  
the apportionment plan.  
The agreement must be signed by  
General Instructions  
a person authorized to sign on behalf  
of each component member of the  
controlled group and retained. No  
member should attach this agreement  
(or a copy of it) to their federal income  
tax returns. Each component member  
must keep, as part of its records,  
either the original or a copy of the  
signed agreement. The agreement  
must contain the group's  
Consolidated groups. If any of the  
component members of a controlled  
group also are members of a  
Purpose of Schedule  
A corporation that is a component  
member (defined below) of a  
controlled group must use  
consolidated group, then the common  
parent of that consolidated group  
must file, as part of its consolidated  
income tax return, one Schedule O on  
behalf of the members of that  
Schedule O to report the  
apportionment of certain tax benefits  
between all component members of  
the group. These members will be  
subject to limitations on the use of  
certain tax benefits for their applicable  
tax year. See Apportionment of  
consolidated group. No subsidiary of  
that consolidated group should file  
Schedule O on its own behalf. The  
Schedule O should contain the  
required consolidated information for  
all members of the consolidated  
later.  
apportionment methodology (for  
example, percentages) for each  
tax-benefit item that is apportioned.  
Definitions and Special  
Rules  
Types of Controlled Groups  
Also use Schedule O to indicate  
that the member filing this return  
consents to and represents that all the  
other component members of the  
controlled group:  
Exception. If all of the members of  
a parent–subsidiary controlled group  
that are required to file a U.S. tax  
return join in filing the same  
Parent–subsidiary group. A  
parent–subsidiary group is one or  
more chains of corporations  
Are adopting an apportionment  
plan, effective for the current tax year;  
Are amending the existing  
consolidated tax return, then the  
parent of that group does not have to  
file Schedule O on behalf of the  
group.  
connected through stock ownership  
with a common parent corporation if:  
apportionment plan;  
Are terminating the existing  
Stock possessing at least 80% of  
apportionment plan and not adopting  
a new plan;  
the total combined voting power of all  
classes of stock entitled to vote or at  
least 80% of the total value of shares  
of all classes of stock of each of the  
corporations, except the common  
parent corporation, is directly or  
Completing and Filing  
Schedule O  
Are terminating the existing  
apportionment plan and adopting a  
new plan;  
In completing Schedule O, the  
following apply.  
Nov 07, 2018  
Cat. No. 48211V  
     
indirectly owned by one or more of the corporations each of which is a  
testing date and is not treated as an  
excluded member (defined below).  
other corporations; and  
The common parent corporation  
member of either a parent–subsidiary  
group or a brother–sister group, and  
at least one of which is both the  
common parent of a parent–  
In general, in determining if a  
directly or indirectly owns stock  
possessing at least 80% of the total  
combined voting power of all classes  
of stock entitled to vote or at least  
80% of the total value of shares of all  
classes of stock of at least one of the  
other corporations, excluding, in  
computing such voting power or  
value, stock owned directly by such  
other corporations.  
member of a controlled group is a  
component member of that group, the  
applicable tax year of that corporation  
must be tested to determine if it was a  
member of the controlled group for at  
least half the number of days in its  
testing period. Also, in order to  
subsidiary group and also a member  
of a brother–sister group.  
Life insurance companies only  
group. Two or more life insurance  
companies subject to tax under  
section 801 which are members of  
any parent–subsidiary, brother–sister,  
or combined controlled group will be  
treated as a controlled group separate  
from any other type of controlled  
group to which these corporations  
would otherwise belong if they were  
not life insurance companies. The life  
insurance companies that make up a  
life insurance controlled group do not  
have to be in a direct ownership  
relationship with each other.  
determine the applicable tax year of  
the member being tested, the group's  
testing date must be determined. See  
For purposes of determining  
whether a corporation is a member of  
a parent–subsidiary controlled group  
within the meaning of section 1563(a)  
(1), stock owned by a corporation  
means:  
Note. If a controlled group has an  
apportionment plan in effect and  
some of the members of that  
controlled group join in filing a  
consolidated return, then the  
Stock owned directly by the  
corporation, and  
members of that consolidated group  
are treated together as if they were a  
single member of the controlled  
group. If a controlled group does not  
have an apportionment plan in effect  
and any of the members of that group  
join in filing a consolidated return,  
then each member of that  
Stock constructively owned by that  
corporation under sections 1563(e)  
(1), (2), and (3).  
Example. Life insurance  
companies Corporation X and  
Corporation Z make up a life  
insurance company only group, where  
Corporation X, a life insurance  
company, owns all the stock of  
Corporation Y, a non-life insurance  
company, and Corporation Y, a  
non-life insurance company owns all  
the stock of Corporation Z, a life  
insurance company.  
Brother–sister group. A brother–  
sister group generally is two or more  
corporations where the same five or  
fewer persons who are individuals,  
estates, or trusts directly or indirectly  
own stock possessing:  
consolidated group will be treated as  
a separate member of the controlled  
group.  
Additional member. A member of a  
controlled group is treated as an  
additional member if the corporation:  
At least 80% of the total combined  
voting power of all classes of stock  
entitled to vote or at least 80% of the  
total value of shares of all classes of  
the stock of each corporation (the  
80% test), and  
Exception for life–nonlife  
Was a member of the controlled  
consolidated group. The rule above  
does not apply to any life insurance  
company that is a member (whether  
eligible or ineligible to join in filing a  
consolidated return) of a life–nonlife  
affiliated group for which a section  
1504(c)(2) election is in effect.  
group at any time during a calendar  
year,  
More than 50% of the total  
combined voting power of all classes  
of stock entitled to vote or more than  
50% of the total value of shares of all  
classes of stock of each corporation,  
taking into account the stock  
Was not a member of the controlled  
group on that testing date,  
Was a member of the controlled  
group for at least one-half the number  
of days of its testing period, and  
Instead, an eligible life insurance  
company will be treated as a member  
of a life–nonlife consolidated group,  
and an ineligible life insurance  
ownership of each such person only  
to the extent such stock ownership is  
identical with respect to each such  
corporation (the 50% test).  
Is not an excluded member  
(defined next).  
Any member of a controlled group  
that is treated as an additional  
member also is treated as a  
company will be treated as a member  
of a life–nonlife controlled group  
(deemed to constitute a parent–  
subsidiary controlled group).  
For purposes of allocating the  
accumulated earnings credit, a  
brother–sister group is defined using  
only the 50% test above.  
component member of that group.  
Excluded member. A corporation is  
treated as an excluded member of a  
controlled group on the December 31  
testing date for its tax year that  
includes that December 31 testing  
date, if the corporation is:  
Component Member  
For purposes of determining  
whether a corporation is a member of  
a brother–sister controlled group  
within the meaning of section 1563(a)  
(2), stock owned by a person who is  
an individual, estate, or trust includes:  
A corporation qualifies as a  
component member of a controlled  
group, for a tax year, if the  
corporation:  
A member of such group for less  
Is not a member of the controlled  
than one-half the number of days in its  
testing period,  
Stock owned directly by such  
group on the applicable December 31  
testing date (defined below), but is  
treated as an additional member  
(defined below); or  
person, and  
Exempt from tax under section  
Stock constructively owned under  
501(a) (except a corporation which is  
subject to tax on its unrelated  
section 1563(e).  
Is a member of the controlled group  
Combined group. A combined  
business taxable income under  
section 511) or 521 for such year,  
on the applicable December 31  
controlled group is three or more  
-2-  
 
A foreign corporation not subject to  
controlled group which includes  
December 31 date, the last day of its  
tax under section 882(a) for such tax  
year,  
Corporations Y and Z and which has a short tax year is deemed to function  
testing date of December 31, 2018.  
as the December 31 testing date for  
that member only. For a member on a  
full fiscal tax year, the portion of its tax  
year beginning on the December 31  
testing date and ending on the last  
day of its tax year is not taken into  
account for determining its status  
either as a component member or as  
an excluded member. In determining  
how many days comprise a member's  
testing period, the group takes into  
account the day that the member is  
sold, but does not take into account  
either the day that such member is  
acquired or the member's December  
31 testing date.  
A life insurance company subject to However, Corporation X is not a  
tax under section 801 other than  
component member, additional  
member, or excluded member of that  
group for that testing period.  
either a life insurance company which  
is a member of a life insurance  
controlled group or a life insurance  
Corporations Y and Z therefore are  
company which is a member (whether not required to include any  
eligible or ineligible) of a life–nonlife  
affiliated group for which a section  
1504(c)(2) election is in effect,  
information about Corporation X in  
their respective 2018 Schedules O,  
filed with their 2018 income tax  
returns. Further, Corporation X does  
not have to file Schedule O with its  
2018 income tax return for the  
controlled group that includes  
Corporations Y and Z.  
Not a franchised corporation as  
defined in section 1563(f)(4), or  
An S corporation, as defined in  
section 1361.  
Any member of a controlled group  
that is treated as an excluded member  
is not a component member, but is a  
member of the group. However, no  
tax-benefit items should be  
Testing date. The testing date is the  
date for determining whether amounts  
of certain tax benefits otherwise  
Overlapping Groups  
If a corporation is a component  
member of more than one controlled  
group with respect to any tax year,  
that corporation will be treated as a  
component member of only one  
controlled group. The determination  
as to the group of which such  
available to a corporation will be  
limited in their use with regard to a  
particular tax year of a component  
member of a controlled group. Each  
member of the group uses a  
apportioned to an excluded member.  
If an excluded member of the group  
owns a controlling interest in a  
corporation that meets the entity  
status requirements for being a  
December 31 date, when possible, as  
its testing date, whether such member  
uses a calendar, or fiscal, tax year.  
When a member of a controlled group  
qualifies as a component member of  
that group on a particular December  
31 date, it will be required to limit its  
use of certain specified tax benefits  
with regard to a tax year that includes  
a December 31 date. Each member of  
the group uses the December 31 date  
included within that member's tax year  
as its testing date, whether such  
member uses a calendar or fiscal tax  
year. However, if a component  
component member, that corporation  
is a component member of the group.  
corporation is a component member  
will be made under regulations  
prescribed by the Secretary.  
Example. Domestic corporation P  
owns all of the stock of domestic  
corporation S. Domestic corporation S  
owns all of the stock of foreign  
corporation F. Foreign corporation F  
owns all of the stock of domestic  
corporation X. Corporations P, S, and  
X are component members of a  
controlled group.  
Exception. A corporation that (1)  
was included in a controlled group at  
any time during its tax year, (2) was  
not included in that controlled group  
on the group's December 31 testing  
date, and (3) was not included in the  
controlled group for at least half the  
number of days of its testing period, is  
not treated as a component member,  
additional member, or excluded  
member.  
Excluded Stock  
To be a member of a controlled group,  
a corporation cannot be connected  
through stock ownership based on  
“excluded stock.” Excluded stock  
includes:  
Nonvoting stock which is limited  
and preferred as to dividends,  
Treasury stock, and  
Stock which is treated as excluded  
member of a controlled group has a  
short tax year that does not include a  
December 31 date, then the last day  
of that short tax year will be the testing  
date for that member. See Special  
later. Each member of a controlled  
group will apply those limitations to  
that tax year that is governed by the  
applicable December 31 testing date  
applied to that group.  
stock under section 1563(c)(2)(A) for  
a parent–subsidiary controlled group  
or section 1563(c)(2)(B) for a brother–  
sister controlled group.  
Apportionment Plan  
An apportionment plan is an  
agreement between the component  
members of a controlled group for  
apportioning certain corporate tax  
benefits among the members of that  
group. By contrast, a tax-sharing  
agreement is an agreement entered  
into between members of an affiliated  
group of corporations which have  
joined in the filing of a consolidated  
tax return. Such an agreement  
Example. For years prior to 2018,  
Corporation X has been a component  
member of controlled group XYZ.  
Corporations X, Y, and Z do not file  
consolidated tax returns. Corporation  
X is on a calendar tax year. On  
Testing period. The testing period is  
the time period for determining  
whether a particular member of a  
controlled group qualifies either as a  
component member or as an  
February 28, 2018, Corporation X was  
sold to an unrelated party that is not a  
member of any consolidated group.  
Corporation X remained in existence  
throughout its entire 2018 calendar  
year. For the period from January 1,  
2018, through February 28, 2018,  
Corporation X is a member of that  
excluded member. The testing period  
begins on the first day of that  
generally provides that the members  
of the affiliated group will compensate  
each other for certain tax benefits  
incurred by members separately and  
shared by all members on the  
member's tax year and ends on the  
day before its testing date. However,  
for a component member having a  
short tax year not including a  
consolidated tax return.  
-3-  
   
An apportionment plan becomes  
the accumulated earnings credit,  
cannot use the group's apportionment  
method for determining the amount of  
a tax-benefit item to be apportioned to  
it for its short tax year, even though  
that method has been adopted by the  
group under its existing  
effective for a controlled group when it according to the terms of that plan.  
is adopted by all the component  
members of that group for their tax  
years which are subject to the same  
December 31 testing date. Once the  
members of a controlled group adopt  
an apportionment plan, it remains in  
effect until it is terminated.  
The component members of a group  
are not required to apportion equally  
any tax-benefit item among each of  
them. Nor is any component member  
required to adopt the same  
apportionment plan. Rather, the  
percentage of apportionment for each short-year member must divide the full  
tax-benefit item. A group therefore  
may apportion all, some, or none of  
the amount of any these tax-benefit  
items to a component member.  
However, except for a member with a  
short tax year that does not include a  
December 31 testing date, the total  
amount of a tax-benefit item  
amount of the tax-benefit item by the  
number of component members in the  
controlled group as of the last day of  
that member's short tax year. That  
amount is the amount of that  
Amending or terminating an ap-  
portionment plan. An  
apportionment plan is amended when  
the same component members (for  
example, when no component  
tax-benefit item to be allocated to that  
member (and only to that member).  
The remaining component members  
will, in accordance with the terms of  
members have left or joined the group  
during their testing periods governed  
by the applicable December 31  
testing date) make any different  
apportionment of the specified  
tax-benefit items among themselves.  
apportioned to all the component  
members of the group cannot be more their apportionment plan, apportion a  
than the total amount of a tax item that full amount of each specified  
would be allowed to a corporation that tax-benefit item between those  
is not subject to the limitations  
imposed on the members of a  
controlled group. See Special  
below.  
No apportionment plan in effect. If  
no apportionment plan is adopted or  
in effect, the component members of  
a controlled group must divide the  
amount of any tax-benefit item equally  
among themselves (without regard to  
whether any members also are  
members of a consolidated return  
group).  
Special allocation rules for a short  
tax year. Special allocation rules  
apply to the accumulated earnings  
credit, if a component member has a  
short tax year that does not include a  
December 31 date. A corporation's  
tax year will end before the last day of  
its annual tax year and will have a  
short tax year if:  
corporations which are the  
component members of the group as  
of the ensuing December 31 testing  
date.  
See section 1561 and the related  
regulations for additional details  
regarding apportionment plans.  
An apportionment plan is  
terminated when each component  
member of the controlled group  
consents or is deemed to consent to  
the termination of that plan. Each such  
member is deemed to have  
consented to the termination of the  
plan for a tax year if:  
Exceptions. This special allocation  
rule does not apply if a component  
member has a short tax year that  
includes the December 31 testing  
date in its short tax year. For example,  
Corporation Y is a fiscal year taxpayer  
with a tax year ending on September  
30. On January 31, 2018, Corporation  
Y is liquidated. Corporation Y's tax  
year beginning on October 1, 2017,  
and ending on January 31, 2018, is  
not a short tax year within the  
The controlled group ceased to  
remain in existence (within the  
meaning of section 1563) as of the  
testing date for that calendar year,  
A corporation that was a  
component member of the group on  
the testing date in the preceding tax  
year is not a component member on  
the testing date in the current tax year,  
or  
A corporation that was not a  
meaning of section 1561(b). Thus, the  
normal apportionment rules apply.  
component member of the group on  
the testing date in the preceding tax  
year is a component member on the  
testing date in the current tax year.  
This special allocation rule also  
does not apply if a member of a  
controlled group has a short tax year  
and is a member of a consolidated  
group. Instead, such corporation's  
income for the short tax year is  
included in the consolidated return  
filed by the consolidated group for that  
corporation's tax year.  
The corporation is sold to a  
Exception. If the members of a  
consolidated group are treated as if  
they are one component member,  
then changes as to the members  
which belong to that consolidated  
group (as long as that consolidated  
group remains in existence within the  
meaning of Regulations section  
1.1502-75(d)) will not serve to  
terminate the group's apportionment  
plan.  
consolidated group, or  
The corporation is merged or  
liquidated, including a deemed  
liquidation resulting from a section  
338 election.  
Example. For years prior to 2018,  
Corporation X has been a member of  
controlled group XYZ and has a  
calendar tax year. On May 31, 2018,  
Corporation X is liquidated.  
Specific Instructions  
Identifying Information  
Component member filing Sched-  
ule O. On page 1, enter the name  
and employer identification number  
(EIN) of the component member filing  
this Schedule O.  
Corporation X has a short tax year  
that begins on January 1, 2018, and  
ends on May 31, 2018. Corporation X  
therefore applies the special  
Apportionment of Tax-Benefit  
Items  
Apportionment plan in effect. If the  
component members of a controlled  
group have an apportionment plan in  
effect, they must apportion the  
allocation rule to the accumulated  
earnings credit.  
In Part II, column (a), line 1, enter  
Determining the amount to be  
the component member's name and  
specified tax-benefit items, such as  
apportioned. A short-year member  
-4-  
     
EIN. In column (b), enter the  
member's tax year ending date  
(Yr-Mo).  
check box 3a. By checking box 3a,  
this corporation is consenting to the  
adoption of an apportionment plan  
Even though X will not be a member  
of the group on its December 31,  
2018, testing date, it is treated as an  
and also is representing that the other additional member of the group on  
Other component members of the  
controlled group. For Part II,  
column (a), lines 2 through 10, and  
column (b), enter the corresponding  
information for each of the other  
component members of the controlled  
group, in the same manner as the  
member filing this Schedule O. If more  
space is needed, attach additional  
sheets.  
component members of the group  
also are consenting to the adoption of  
Schedule O, earlier.  
that date. Consequently, for 2018 the  
XYZ controlled group must apportion  
the tax-benefit items according to the  
terms of its apportionment plan.  
Therefore, X, Y, and Z would each  
check box 3c on its 2018 Schedule O.  
If all the component members  
consent to amend an apportionment  
plan, check box 3b. By checking  
box 3b, this corporation is consenting  
to the amendment of an  
If box 3c or 3d is checked,  
complete Part II under either of the  
following circumstances.  
If a corporation that is joining or  
apportionment plan and also is  
Consolidated groups. If several  
component members also are  
members of a single consolidated  
group, then with respect to those  
members, in Part II, column (a) and  
column (b), enter only the information  
of the common parent of the  
leaving the group still qualifies as a  
component member for its tax year,  
complete Part II according to the  
terms of any applicable  
representing that the other component  
members of the group are consenting  
to the amendment of that plan.  
However, to amend a plan both of the  
following conditions must be satisfied.  
apportionment plan.  
If a corporation that is joining or  
The controlled group already has  
leaving the group will not qualify as a  
component member for its tax year,  
then, following the corporation's name  
in column (a), enter the notation “(E)”  
for excluded member. In Part II,  
an apportionment plan in effect, and  
consolidated group.  
There has been no change in the  
If any component members of  
component-member composition of  
the group from the previous taxable  
year.  
the controlled group also are  
members of a consolidated  
TIP  
group, the parent of such  
column (b), enter the ending date of  
the tax year (Yr-Mo) and enter -0- in  
the remaining columns, as applicable.  
If the component members of a  
group are either adopting a new  
apportionment plan or amending an  
existing apportionment plan that  
involves prior tax years of those  
component members, at least one  
year must remain on each of the  
statutes of limitations for assessing a  
tax deficiency against all of the  
component members of the group for  
such prior tax years. See the  
consolidated group should file only  
one Schedule O on behalf of all such  
members of the controlled group.  
Such form must contain the required  
information for each such member.  
See Regulations section 1.1561-3(a)  
(2).  
Note. Do not check more than one  
box on line 3. If a corporation does not  
adopt an apportionment plan, amend  
a previous apportionment plan, or  
terminate an existing apportionment  
plan, then skip line 3 and go to line 5.  
Part I. Apportionment Plan  
Information  
Line 1. Type of controlled group. A  
component member of a controlled  
group must check the applicable box  
to indicate the type of group. For more  
information, see Types of Controlled  
Groups, earlier.  
For a brother–sister controlled  
group, check box 1b whether that  
group is a brother–sister group for  
purposes of applying only the 50%  
test or for purposes of applying both  
the 80% and 50% tests.  
Line 4. Reason for termination of  
existing apportionment plan.  
Check box 4a if all the component  
members of a controlled group are  
consenting to terminate the  
instructions, below.  
If the apportionment plan for the  
component members of a controlled  
group is terminated:  
apportionment plan. Check box 4b if:  
Check box 3c if the remaining  
The controlled group has ceased to  
component members choose not to  
adopt (or are not able to adopt) a new  
apportionment plan, or  
remain in existence within the  
meaning of section 1563,  
A corporation that was a  
Check box 3d if the remaining  
component member of the group on  
the testing date for the preceding tax  
year is no longer a component  
component members choose to adopt  
a new apportionment plan.  
member in the current tax year, or  
With regard to box 3c, the  
remaining component members will  
not be able to adopt a new  
apportionment plan if, for example,  
such component members have left  
the group.  
A corporation that was not a  
Line 2. Member status. If a  
component member of the group on  
the testing date for the preceding tax  
year is a component member for the  
current tax year.  
corporation was not a component  
member of the group for each day of  
its tax year, check box 2b and provide  
the required information. If the taxable  
year of this corporation does not  
include a December 31 date, a  
special allocation rule applies. See  
year, earlier.  
Line 5. Status of apportionment  
plan. Check the applicable box to  
indicate the status of any  
apportionment plan of the controlled  
group.  
Example. For years prior to 2018,  
Corporation X has been a member of  
controlled group XYZ and has a  
calendar tax year. Corporations X, Y,  
and Z are component members of a  
controlled group and each has a  
calendar tax year. On August 31,  
2018, X is sold to an unrelated party.  
Check box 5a if the controlled  
Line 3. Consent and represent. If  
all the component members consent  
to adopt an apportionment plan,  
group does not have an  
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apportionment plan in effect and is not provide apportionment information  
an apportionment plan or have an  
apportionment plan in effect.  
adopting one.  
with regard to the other component  
members of the group. Instead, only  
provide the identifying information (for  
example, name, EIN, and ending date  
of the tax year) for these other  
Check box 5b if the controlled  
Note. If any component member of a  
controlled group is the type of service  
corporation described in section  
535(c)(2)(B), the amount to be  
apportioned among the component  
members is $150,000 (rather than  
$250,000).  
group already has an apportionment  
plan in effect and is not amending or  
terminating this plan.  
If box 5a is checked, then the  
component members must share all  
tax benefits equally, and tax-benefit  
information is to be reported in Part II.  
Part II. Apportionments  
Column (d). For purposes of  
Brother–sister controlled group.  
For purposes of apportioning the  
amounts included in column (c),  
determine the component members of  
a brother–sister controlled group,  
using only the 50% test as provided in  
section 1563(a)(2). For purposes of  
apportioning the amounts included in  
column (d) and, except as provided  
elsewhere in the Internal Revenue  
Code, in column (e), determine the  
component members of a brother–  
sister controlled group using both the  
50% and 80% tests as provided in  
section 1563(f)(5). See Brother–sister  
group, earlier.  
Line 6. Statute of limitations. An  
apportionment plan may not be  
adopted or amended for a tax year of  
a component member unless there is  
at least one year remaining in the  
statutory period (including any  
extensions) for assessing a deficiency  
against the corporation for that tax  
year, but only where the tax liability for  
such tax year of that corporation  
would be increased by adopting such  
plan.  
If there is less than one year  
remaining in the statutory period, the  
corporation must have entered into an  
agreement with the IRS extending the  
statutory period for the limited  
purpose of assessing any deficiency  
against that corporation for a tax year  
affected by the adoption or the  
amendment of an apportionment plan.  
See Regulations section 1.1561-3(c)  
(2).  
Note. To amend a plan for a tax year  
prior to the 2018 tax year, use  
Schedule O (Form 1120) (Rev.  
December 2012).  
Line 7. If a component member of a  
controlled group has a short tax year  
that does not include a December 31  
date, check box 7. If a corporation  
checks box 7, it does not have to  
determining whether the component  
members of a controlled group are  
subject to a penalty for failure to pay  
the correct amount of estimated tax  
under section 6655(g), those  
component members of a controlled  
group must combine their taxable  
incomes for their tax years that were  
subject to the same December 31  
testing date. If that amount is at least  
$1 million for any tax year during the  
testing period (as defined in section  
6655(g)(2)(B)(i)), those members  
must then divide that $1 million  
amount equally unless they have an  
apportionment plan in effect.  
Column (a). If a corporation qualifies  
as a component member of a brother–  
sister controlled group, solely  
Column (e). Enter each component  
member's share of any other  
tax-benefit items not included in  
column (c) or (d). Provide the  
applicable Internal Revenue Code  
section followed by the amount  
apportioned to that member.  
because it satisfies only the 50%  
ownership affiliation test, insert the  
notation “(50)” after that corporation's  
name. If a corporation is a component  
member of that group because it  
satisfies both the 50% and 80%  
ownership affiliation tests, no notation  
is necessary.  
Note. Do not include on Schedule O  
an apportionment among the  
component members of any  
Column (c). The component  
deduction for certain depreciable  
property for which a section 179  
expense election has been made.  
Report this apportionment as required  
under section 179. See Regulations  
section 1.179-2(b)(7).  
members of a controlled group may  
allocate the $250,000 accumulated  
earnings credit unequally if they adopt  
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