Seleziona la lingua

Modulo 1118 Istruzioni per il Programma L

Istruzioni per il programma L (Form 1118)

Rev. dicembre 2023

Moduli correlati

Dettagli
Formato del file PDF
Misurare 140.7 KB
Scaricamento
Department of the Treasury  
Internal Revenue Service  
Instructions for Schedule L  
(Form 1118)  
(Rev. December 2023)  
Section references are to the Internal Revenue  
Code unless otherwise noted.  
decrease in the amount of foreign taxes  
paid or accrued by the taxpayer or by a  
foreign corporation with respect to which  
the taxpayer computed an amount of  
foreign income taxes deemed paid.  
year in which the foreign tax  
redetermination occurs.  
Future Developments  
For the latest information about  
Definitions  
Foreign tax redetermination. A foreign  
tax redetermination means a change in  
the liability for foreign income taxes  
including if:  
developments related to Schedule L (Form  
1118) and its instructions, such as  
legislation enacted after they were  
published, go to IRS.gov/Form1118.  
Use Part III to report foreign tax  
redeterminations that resulted in a change  
to the taxpayer’s income inclusions, a  
change in the amount of foreign income  
taxes paid, accrued, or deemed paid, or a  
change in the amount of foreign tax credits  
claimed in any relation back year.  
Accrued foreign taxes when paid or  
later adjusted differ from the amounts  
claimed as credits (including corrections  
to accrued amounts to reflect final foreign  
tax liability and additional payments of tax  
that accrue after the close of the taxable  
year to which the tax relates);  
What’s New  
Schedule L will be electronically enabled  
for tax year 2023. See  
Use Part IV to report foreign tax  
Computer-Generated Schedule L on  
page 2 for additional information.  
redeterminations that resulted in a change  
in the U.S. tax liability for any relation back  
year or other affected tax year(s) (for  
example, by reason of a change in  
Accrued foreign taxes are not paid  
The entry spaces for the following  
columns have been modified to allow for  
the entry of a maximum of 12 characters.  
within 24 months after the close of the tax  
year to which they relate; or  
Any foreign tax paid is fully or partially  
allowable foreign tax credit carryovers).  
Page 1, Part I, column 13.  
Page 4, Part V, column 3.  
refunded.  
Use Part V beginning with the 2023 tax  
year, to satisfy the annual reporting  
requirement under Regulations section  
1.905-1(d)(4)(iv) for contested foreign  
income taxes for which the taxpayer  
claimed a provisional foreign tax credit.  
Relation back year. Relation back year  
means the U.S. tax year in which the  
foreign taxes being redetermined were  
originally taken into account.  
The above columns request the reference  
ID number for contested foreign income  
tax. The instructions for those columns tell  
filers to enter the reference ID number for  
the contested foreign income tax that was  
reported on the applicable Form 7204.  
Because the reference ID number for  
contested foreign income tax reported on  
Form 7204 is limited to 12 characters, the  
entry spaces for the above columns can  
be limited to 12 characters.  
Example. In U.S. taxable year 1, a  
taxpayer took into account $2 million of  
Country X foreign income taxes accrued  
with respect to the foreign tax year that  
ended within U.S. taxable year 1. In year 3,  
Country X assessed an additional $1  
million of foreign income taxes with  
Who Must File  
Any taxpayer that has a foreign tax  
redetermination under section 905(c) must  
complete this schedule and attach it to the  
income tax return for the taxable year in  
which the foreign tax redetermination  
occurs. This schedule must be submitted  
irrespective of whether the foreign tax  
redetermination changed the taxpayer’s  
U.S. tax liability.  
respect to the foreign taxable year that  
ended within U.S. taxable year 1. The  
relation back year is U.S. taxable year 1.  
On page 4 of the Schedule L, the  
sentence “Do not complete Part V for the  
tax year 2022” has been deleted in the  
Part V heading.  
Affected tax year. Affected tax year  
means any tax year for which the U.S. tax  
liability is changed as a result of a foreign  
tax redetermination. This includes tax  
years in which the U.S. tax liability is  
changed as a result of a change in a  
carryover of a tax attribute, such as a  
foreign tax credit carryover or a net  
operating loss carryover, from a relation  
back year.  
Note. If the U.S. tax liability for any year  
changes by reason of the foreign tax  
redetermination, the taxpayer must file an  
amended return for the taxable year with  
respect to which the U.S. tax liability is  
adjusted, in addition to filing Schedule L  
for the year in which the foreign tax  
General Instructions  
Purpose of Schedule  
Schedule L (Form 1118) is used to identify  
foreign tax redeterminations that occur in  
the current tax year in each applicable  
separate category, the years to which they  
relate, and other information that satisfies  
the taxpayer’s obligation to notify the IRS  
of foreign tax redeterminations related to  
prior years.  
redetermination occurs. See Foreign Tax  
Redeterminations in the Instructions for  
Form 1118 for additional information  
regarding foreign tax redeterminations that  
result in a change in U.S. tax liability and  
for the related reporting requirements.  
Functional currency. Functional  
currency means the dollar, or in the case  
of a qualified business unit (QBU), the  
currency of the economic environment in  
which a significant part of such unit’s  
activities are conducted and which is used  
by such unit in keeping its books and  
records. See section 985(b).  
Use Part I to report foreign income tax  
redeterminations that resulted in an  
increase in the amount of foreign taxes  
accrued and paid by the taxpayer or by a  
foreign corporation with respect to which  
the taxpayer computed an amount of  
foreign income taxes deemed paid.  
If a foreign tax redetermination does  
not change the amount of U.S. tax due for  
any taxable year, the taxpayer does not  
need to file an amended return. The  
taxpayer satisfies its reporting  
Reference ID number for contested  
tax. See the Instructions for Form 7204  
for the definition of and requirements for  
the reference ID number for contested  
foreign income tax.  
requirements under Regulations section  
1.905-4(b)(1)(v) with respect to such  
foreign tax redetermination by filing a  
Schedule L with the return for the taxable  
Use Part II to report foreign income tax  
redeterminations that resulted in a  
Dec 27, 2023  
Cat. No. 38267T  
   
U.S. dollars, unless otherwise specified on  
Schedule L.  
Reporting Exchange Rates on  
Schedule L  
Column 3. Enter the code for the country  
or U.S. territory to which tax is paid using  
the country codes provided at IRS.gov/  
Line a. On line a, enter the same  
separate category code as that shown on  
the Form 1118 to which this Schedule L  
relates.  
All exchange rates must be reported using  
a “divide-by convention” rounded to at  
least four places. That is, the exchange  
rate must be reported in terms of the  
amount by which the functional currency  
amount must be divided in order to reflect  
an equivalent amount of U.S. dollars. As  
such, the exchange rate must be reported  
as the units of foreign currency that equal  
one U.S. dollar, rounded to at least four  
places. Do not report the exchange rate  
as the number of U.S. dollars that equal  
one unit of foreign currency.  
Columns 4 and 5. Enter in column 4 the  
date(s) the additional foreign taxes were  
paid and enter in column 5 the ending  
date of the foreign tax year to which such  
taxes relate.  
Line b. If code 901j is entered on line a,  
enter on line b the same country code as  
that shown on the Form 1118 to which this  
Schedule L relates.  
Column 6. Enter the payor entity’s  
income subject to tax in the foreign  
jurisdiction, as reported on the foreign tax  
return.  
Line c. If one of the RBT codes is entered  
on line a, enter on line c the same country  
code as that shown on the Form 1118 to  
which this Schedule L relates.  
Column 7. Enter the amounts of  
additional tax accrued in the local  
currency in which the tax is payable.  
Line d. Check the box on line d if an  
election has been made under  
Note. You must round the result to more  
than four places if failure to do so would  
materially distort the exchange rate or the  
equivalent amount of U.S. dollars.  
Regulations section 1.905-5(e) to account  
for foreign tax redeterminations with  
respect to pre-2018 tax years in the  
foreign corporation's last pooling year.  
Column 8. Enter the amounts of the  
additional tax denominated in the  
functional currency of the taxpayer's QBU  
(as defined under Regulations section  
1.904-4(f)(3)(vii)) or foreign corporation  
that accrued the additional tax.  
Computer-Generated  
Schedule L  
Election to account for foreign tax  
redeterminations with respect to  
pre-2018 taxable years in the foreign  
corporation’s last pooling year. Under  
Regulations section 1.905-5(e), an  
Schedule L (Form 1118) will be  
Column 9. Enter the exchange rate  
originally used to convert the local  
currency (in which the redetermined  
foreign tax was paid) to U.S. dollars. See  
earlier, for additional information.  
electronically enabled for tax year 2023.  
Complete and file a separate Schedule L  
using code "TOTAL" that aggregates all  
amounts listed for each line and column of  
all other separate category of income  
Schedules L for Parts I, II, III, and V.  
Complete this “TOTALSchedule L even if  
you only have one separate category of  
income. Because Part IV is based on  
overall U.S. tax liability, complete Part IV  
only once in the “TOTALversion. Such  
“TOTALSchedule L should be filed with  
the same category of income that  
irrevocable election may be made by a  
foreign corporation’s controlling domestic  
shareholders to account for all foreign tax  
redeterminations that occur in taxable  
years ending on or after November 2,  
2020, with respect to pre-2018 taxable  
years of foreign corporations as if they  
occurred in the foreign corporation’s last  
taxable year beginning before January 1,  
2018 (last pooling year). Check the box on  
line d if an election under Regulations  
section 1.905-5(e) has been made or is  
being made in the current tax year.  
Column 11. Enter the U.S. dollar amount  
of foreign tax of each payor entity that was  
reported by the taxpayer on its original or  
amended return (not taking into account  
the foreign tax redetermination).  
Column 13. Enter the reference ID  
number for contested foreign income tax,  
if applicable, using the reference ID  
number reported on the Form 7204 filed  
with respect to the contested foreign  
income tax.  
completes Schedule B, Part III (see Form  
1118, Schedule B, Part III instructions). If  
Schedule L reports a foreign tax  
redetermination in a category of income  
for which a Form 1118 is not filed in the  
current tax year, file such Schedule L with  
the category of income that completes  
Schedule B, Part III. In addition, complete  
and file a separate Schedule L for each  
category of income for Parts I, II, III, and V.  
In some cases, Schedule L must be  
expanded to properly report foreign tax  
redeterminations. This applies in cases  
such as the following:  
Part I  
Column 14. Check the box if the foreign  
tax redetermination changes the  
determination as to whether a grouping of  
income and related taxes of a foreign  
corporation qualifies for the High Tax  
Exception or Exclusion described in  
section 954(b)(4).  
Column 1. Enter the ending date of the  
relation back year. See definition of  
Relation back year, earlier. If an election  
under Regulations section 1.905-5(e) has  
been made, report all foreign tax  
redeterminations with respect to pre-2018  
taxable years under the last pooling year.  
Columns 2a through 2d. Enter in  
columns 2a and 2b the name and the EIN  
or reference ID number of the payor entity.  
If the payor entity is not a corporation,  
enter in columns 2c and 2d the name and  
the EIN or reference ID number of the  
domestic or foreign corporation that owns  
the payor entity. In columns 2b and 2d, do  
not enter “FOREIGNUS” or “APPLIED  
FOR.Instead, if an entity does not have  
an EIN, the taxpayer must enter a  
Part II  
In cases where reporting is required for  
more than three payor entities for a  
relation back year, expand Schedule L for  
those payor entities following the format of  
Schedule L.  
Columns 1, 2a, 2b, 2c, and 2d. Use the  
instructions for Part I, columns 1, 2a, 2b,  
2c, and 2d to complete the corresponding  
columns in Part II.  
In cases where reporting is required for  
Column 3. Enter the code for the country  
or U.S. territory from which tax was  
refunded using the country codes  
provided at IRS.gov/CountryCodes.  
more than two relation back years, or there  
are other affected years in addition to the  
relation back years (Part IV), expand  
Schedule L for those years following the  
format of Schedule L.  
reference ID number that uniquely  
identifies the payor entity or owner for  
which such number is requested. See  
Reference ID numbers in the Instructions  
for Form 1118 for requirements and  
additional details.  
Columns 4 and 5. Enter in column 4 the  
date(s) the foreign taxes were refunded or  
deemed refunded and enter in column 5  
the ending date of the foreign tax year to  
which such taxes relate. If the foreign  
taxes are deemed refunded by reason of  
the section 905(c)(2) two-year rule  
Specific Instructions  
Important. All information reported on  
Schedule L (Form 1118) must be in  
English. All amounts must be stated in  
described in the Note in the instructions  
Instructions for Schedule L (Form 1118) (Rev. Dec. 2023)  
2
 
for Column 13, enter in column 4 the date  
that is 24 months after the close of the  
taxable year to which the foreign taxes  
relate.  
section 951(a)(1) inclusion on the  
taxpayer’s original or previously amended  
return.  
Columns 2 through 4. Enter in column 2  
the total redetermined U.S. tax liability and  
enter in column 3 the total U.S. tax liability  
reported on the taxpayer’s original or  
Columns 6 and 7. Enter in column 6 the  
redetermined amount of foreign income  
taxes deemed paid under section 960(a)  
and enter in column 7 the amount of  
foreign income taxes deemed paid under  
section 960(a) as reported on the  
taxpayer’s original or previously amended  
return.  
previously amended return. In column 4,  
enter the difference by subtracting column  
3 from column 2 for each affected tax year.  
Column 6. Use the instructions for Part I,  
column 6 to complete Part II, column 6.  
Column 7. Enter the amount of the tax  
refunded or deemed refunded in the local  
currency in which the tax is payable.  
Part V  
Beginning with tax year 2023, enter the  
information requested on Schedule L, Part  
V, using the instructions provided below.  
Column 8. Enter the amount refunded or  
deemed refunded denominated in the  
functional currency of the taxpayer's QBU  
(as defined under Regulations section  
1.904-4(f)(3)(vii)) or foreign corporation  
that paid or accrued the refunded amount.  
Columns 8 and 9. Enter in column 8 the  
redetermined amount of the taxpayer’s  
section 951A inclusion and enter in  
column 9 the amount of section 951A  
inclusion reported on the taxpayer’s  
original or previously amended return.  
Column 1. For taxpayers that claim  
credits on the accrual basis, enter the  
relation back year. For taxpayers that  
claim credits on the cash basis, enter the  
year in which the contested foreign  
Columns 9 and 11. Use the instructions  
for Part I, columns 9 and 11 to complete  
the corresponding columns in Part II.  
income tax was remitted to the foreign  
country. The tax year entered in column 1  
should correspond with the tax year  
entered on line 1 on the Form 7204 that  
was filed in order to claim a provisional  
credit for the contested foreign income tax.  
Columns 10 and 11. Enter in column 10  
the redetermined amount of foreign  
Column 13. Check the box if the foreign  
tax redetermination is a result of the  
application of the section 905(c)(2)  
two-year rule.  
income taxes deemed paid under section  
960(d) and enter in column 11 the amount  
of foreign income taxes deemed paid  
under section 960(d) on the taxpayer’s  
original or previously amended return.  
Columns 2 and 3. Enter in column 2 the  
name of the payor entity and enter in  
column 3 the reference ID number for the  
contested foreign income tax that was  
reported on the Form 7204.  
Note. Under section 905(c)(2), if accrued  
foreign income taxes are not paid on or  
before the date that is 24 months after the  
close of the taxable year to which they  
relate (two-year rule), there is a resulting  
foreign tax redetermination that is  
Columns 12 and 13. Enter in column 12  
the redetermined taxes deemed paid  
under section 960(b)(1) and enter in  
column 13 the section 960(b)(1) deemed  
paid taxes per original or previously  
amended return.  
Columns 4 and 5. Enter in column 4 the  
code of the country or U.S. territory to  
which the tax was paid using the country  
codes provided at IRS.gov/CountryCodes  
and enter in column 5 the amount of  
contested foreign income tax that was  
provisionally claimed as a credit.  
accounted for as if the unpaid portion of  
the foreign income taxes were refunded on  
that date. Credit may be claimed for those  
taxes if and when they are ultimately paid.  
Foreign income taxes that first accrue after  
the date 24 months after the close of the  
taxable year to which such taxes relate  
may not be claimed as a credit or added to  
PTEP group taxes until paid.  
Columns 14 and 15. Enter in column 14  
the redetermined taxes deemed paid  
under section 902 and enter in column 15  
the section 902 deemed paid taxes per the  
taxpayer’s original or previously amended  
return.  
Columns 6 and 7. Check the box in  
column 6 if the contest is still ongoing and  
check the box in column 7 if the contest  
was resolved.  
Columns 16 and 17. Enter in column 16  
the total amount of foreign tax credit  
claimed in the separate category on the  
taxpayer’s original or previously amended  
return and enter in column 17 the total  
amount of foreign tax credit claimed after  
the foreign tax redetermination. Include  
changes attributable to foreign tax  
Column 14. Use the instructions for Part  
I, column 14 to complete Part II, column  
14.  
Columns 8 and 9. Enter in column 8 the  
date the contest was resolved and enter in  
column 9 the amount of tax refunded or  
additional tax paid, if any. Any portion of a  
contested foreign income tax for which a  
provisional credit is claimed that is  
subsequently refunded results in a foreign  
tax redetermination that must be reported  
on Schedule L and, if applicable, an  
amended return for the taxable year(s)  
with respect to the U.S. tax liability  
changes as a result of such foreign tax  
redetermination.  
Part III  
Column 1. Use the instructions for Part I,  
redeterminations that affect the amount of  
foreign taxes deemed paid under section  
902 prior to its repeal and under section  
960(b) in these totals.  
column 1 to complete Part III, column 1.  
Columns 2 and 3. Enter in column 2 the  
redetermined direct section(s) 901 and/or  
903 taxes paid or accrued and enter in  
column 3 the direct section(s) 901 and/or  
903 taxes paid or accrued per the  
taxpayer’s original or previously amended  
return.  
Part IV  
Column 1. Enter the ending date of the  
relation back year or affected year. See  
definitions of Relation back year and  
Affected tax year, earlier. If an election  
under Regulations section 1.905-5(e) has  
been made, report all foreign tax  
Additional Information  
Columns 4 and 5. Enter in column 4 the  
redetermined amount of the taxpayer’s  
section 951(a)(1) inclusion (including  
inclusions under sections 956 and 965)  
and enter in column 5 the amount of  
For more information, see section 905(c)  
and Regulations sections 1.905-1,  
1.905-3, 1.905-4, and 1.905-5.  
redeterminations with respect to pre-2018  
taxable years under the last pooling year.  
Instructions for Schedule L (Form 1118) (Rev. Dec. 2023)  
3