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Modulo 1120 Istruzioni per la pianificazione PH

Istruzioni per la pianificazione PH (Form 1120), U.S. Personal Holding Company (PHC) Tax

Rev. dicembre 2016

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Department of the Treasury  
Internal Revenue Service  
Instructions for Schedule PH  
(Form 1120)  
(Rev. December 2016)  
(Use with the November 2015 revision of Schedule PH (Form 1120))  
U.S. Personal Holding Company (PHC) Tax  
Section references are to the Internal  
Revenue Code unless otherwise noted.  
last half of the tax year, more than  
50% in value of the corporation's  
outstanding stock is directly or  
indirectly owned by five or fewer  
individuals.  
earnings stripping rules as current  
year deductions and losses.  
Future Developments  
Specific Instructions  
For the latest information about  
developments related to Schedule PH  
(Form 1120) and its instructions, such  
as legislation enacted after they were  
published, go to www.irs.gov/  
Important: To determine if a  
corporation is a PHC, follow the steps  
below to complete Schedule PH and  
the Worksheet, later.  
For purposes of this requirement,  
the following organizations are  
considered individuals.  
A qualified pension, profit-sharing,  
or stock bonus plan described in  
section 401(a).  
1. Complete Part I. Then,  
complete lines 1 through 5 of the  
Worksheet.  
A trust described in section 501(c)  
(17) that provides for the payment of  
supplemental unemployment  
compensation under certain  
conditions.  
2. Complete Part II and then line 6  
What’s New  
For tax years beginning after  
of the Worksheet.  
3. Generally, if line 6 of the  
December 31, 2015, a corporation  
can elect to treat dividends paid after  
the end of the tax year and before the  
16th day of the 4th month following  
the end of the tax year as paid during  
its tax year. Special rules apply to  
corporations with tax years ending in  
June. See the instructions for line 12.  
Worksheet is 60% or more and the  
stock ownership requirement (Part IV)  
is met, the corporation must file  
Schedule PH and pay the PHC tax.  
However, see Exceptions above.  
A private foundation described in  
section 509(a).  
A part of a trust permanently set  
aside or exclusively used for the  
purpose described in section 642(c).  
4. If the corporation determines  
that it must file Schedule PH and pay  
the PHC tax, it must complete Part III,  
line 26, to figure the amount of the  
PHC tax.  
Exceptions. The term “personal  
holding company” does not include  
the following corporations, even if the  
two requirements above are met.  
Tax-exempt corporations.  
General Instructions  
Purpose of Schedule  
Part I. Undistributed  
Personal Holding  
Company Income  
Banks, domestic building and loan  
associations, and certain lending or  
finance companies.  
Use Schedule PH to figure the  
personal holding company (PHC) tax.  
Life insurance and surety  
Who Must File  
Additions  
companies.  
A corporation that is a PHC must file  
Schedule PH by attaching it to its  
income tax return.  
Certain small business investment  
companies operating under the Small  
Business Investment Act of 1958.  
Corporations under the jurisdiction  
of the court in a title 11 or similar case.  
Foreign corporations.  
Line 1. Taxable income before net  
operating loss deduction and spe-  
cial deductions. Enter the amount  
from Form 1120, line 28. If the income  
on line 28 was figured using section  
443(b) (placing the income on an  
annual basis), refigure it without using  
that section.  
Personal Holding  
Company  
Generally, a corporation is a PHC if it  
meets both of the following  
requirements.  
At-risk, passive activities, and  
earnings stripping rules. A  
corporation that has an activity  
subject to the at-risk or passive  
activity rules or interest expense  
subject to the earnings stripping rules  
(or both) may have deductions and  
losses suspended or limited under  
these rules. As a result, do not use  
deductions and losses limited or  
suspended in any of the PHC  
Line 3. Excess expenses and de-  
preciation. If the corporation earned  
rent or other compensation for the use  
of, or right to use, property and that  
rent or compensation was less than  
the total allowable expenses and  
depreciation, complete Part V in most  
cases and enter the excess on line 3.  
However, if the corporation can  
1. PHC income test. At least 60%  
of the corporation's adjusted ordinary  
gross income for the tax year is PHC  
income. See the instructions for Part II  
and the Worksheet for Figuring  
Ordinary Gross Income, Adjusted  
Ordinary Gross Income, and the PHC  
Income Test (Worksheet), later. Also,  
see Specific Instructions below.  
computations. Treat any prior year  
deductions and losses allowed under  
the at-risk, passive activity, and  
establish that it meets all three of the  
requirements listed below, it can  
attach a statement instead of  
2. Stock ownership  
requirement. At any time during the  
Dec 21, 2016  
Cat. No. 10826K  
completing Part V. The statement  
must include:  
amount of dividends excluded on  
line 14b.  
Line 15b. Amounts excluded. Enter  
the total of interest excluded on  
line 15b. The following interest can be  
excluded from PHC income.  
Line 7. Net operating loss. Instead  
of the net operating loss deduction  
provided in section 172, a deduction  
is allowed for the net operating loss  
(as defined in section 172(c)) for the  
preceding tax year figured without the  
special dividends-received  
A list of the deductions, with the  
complete facts, circumstances, and  
arguments supporting them, and  
The information required by  
Regulations section 1.545-2(h)(2).  
1. Interest constituting rent.  
To qualify, the corporation must  
deductions for corporations.  
2. Interest on amounts set aside in  
a reserve fund under chapter 533 or  
535 of Title 46, United States Code.  
3. Interest received by a broker or  
dealer (within the meaning of section  
3(a)(4) or (5) of the Securities  
Exchange Act of 1934) in connection  
with:  
establish that:  
Line 10. Total. Include in the total for  
line 10 any deduction for amounts  
used or irrevocably set aside to pay or  
retire qualified indebtedness under  
section 545(c) (as in effect before  
November 5, 1990). See Regulations  
section 1.545-3. Enter the amount and  
“Section 545(c)” on the dotted line  
next to line 10.  
The rent or other compensation it  
received was the highest obtainable  
(if none was received, it must show  
that none was obtainable),  
The property was held in the course  
of a business carried on for profit, and  
There was a reasonable  
expectation that the property's  
operation would result in a profit, or  
that the property was necessary to  
conduct the business.  
a. Any securities or money market  
instruments held as property  
Line 12. Dividends paid after the  
end of the tax year. Generally, the  
corporation can elect to treat  
described in section 1221(a)(1),  
b. Margin accounts, or  
Deductions  
c. Any financing for a customer  
secured by securities or money  
market instruments.  
dividends (other than deficiency  
dividends) paid after the end of the  
year and before the 16th day of the  
4th month following the end of the tax  
year as paid during its tax year.  
However, a corporation with a fiscal  
tax year ending on June 30, or a  
corporation with a short tax year  
ending anytime in June, can elect to  
treat dividends (other than deficiency  
dividends) paid after the end of the  
year and before the 16th day of the  
3rd month following the end of the tax  
year as paid during its tax year. Enter  
these dividends on line 12 but not in  
Part VI.  
Line 5. Federal and foreign in-  
come, war profits, and excess  
profits taxes not deducted in figur-  
ing line 1. The corporation can  
deduct:  
4. Interest from line 4d of the  
Worksheet.  
See sections 543(a)(1) and 543(b)  
(2)(C) for more information.  
Line 18. Rents. Rents can be  
excluded from PHC income if both of  
the following tests are met.  
Federal income taxes accrued  
during the tax year, and  
Income, war profits, and excess  
profits taxes accrued (or deemed  
paid) during the tax year to foreign  
countries and U.S. possessions.*  
Test 1. The adjusted income from  
rents (line 18c) is at least 50% of  
adjusted ordinary gross income.  
The corporation cannot deduct:  
The accumulated earnings tax  
under section 531, or  
Test 2. The sum of taxable  
distributions (Part VI, line 3) and the  
deduction for dividends paid after the  
end of the tax year (Part I, line 12) is at  
least equal to:  
The PHC tax under section 541.  
*The foreign tax credit is not  
allowed against PHC tax. But, as  
described above, the corporation can  
take a deduction for taxes paid to  
foreign countries and U.S.  
Part II. Personal Holding  
Company Income  
Note. The term “ordinary gross  
income” (used below) means line 3 of  
the Worksheet. The term “adjusted  
ordinary gross income” means line 5  
of the Worksheet.  
1. The excess, if any, of PHC  
income, over  
possessions even if a credit was  
claimed when figuring the  
2. 10% of ordinary gross income.  
corporation's income tax.  
For this purpose, PHC income  
includes copyright royalties and  
adjusted income from mineral, oil, and  
gas royalties, but does not include the  
amounts from lines 18c and 22.  
If both of the above tests are met,  
rents can be excluded from PHC  
income. Do not complete lines 18a  
through 18c.  
If the rents cannot be excluded,  
enter rents (as defined in section  
543(b)(3)) on line 18a. Enter the  
amount from line 4a of the Worksheet  
on line 18b and complete line 18c.  
Attach a schedule showing the type  
of tax, the tax year, and the amount.  
For more information, see section  
545(b)(1).  
A corporation may be subject to the  
PHC tax if at least 60% of its adjusted  
ordinary gross income for the tax year  
is PHC income. Use Part II to figure  
the amount of the corporation's PHC  
income. Then, complete line 6 of the  
Worksheet to determine if the  
Line 6. Contributions. Figure the  
deduction using the limitations under  
sections 170(b)(1)(A), (B), (D), and  
(E), but without sections 170(b)(2)  
and (d)(1). When figuring the  
corporation is a PHC.  
Line 14b. Dividends excluded.  
Dividends received by a U.S.  
limitations under section 170(b)(1),  
use taxable income figured with the  
adjustments (other than the 10%  
limitation) provided in sections 170(b)  
(2) and (d)(1) and without any  
shareholder (as defined in section  
951(b)) from a controlled foreign  
corporation (as defined in section  
957(a)) are excluded from personal  
holding company income under  
section 543(a)(1)(C). Enter the total  
See section 543(a)(2) for more  
expenses and depreciation  
information.  
disallowed under section 545(b)(6).  
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Copyright royalties received for the  
use of, or right to use, copyrights on  
works created in whole or in part by  
any shareholder owning more than  
10% of the corporation's stock.  
See section 543(d) for more  
information.  
Line 19. Mineral, oil, and gas royal-  
ties. Mineral, oil, and gas royalties  
can be excluded from PHC income if  
all three of the tests below are met.  
Line 21. Produced film rents.  
Produced film rents can be excluded  
from PHC income if the rents  
constitute at least 50% of ordinary  
gross income. See section 543(a)(5)  
for the definition of produced film  
rents.  
Line 22. Compensation received  
for the use of corporation property  
by a 25% or more shareholder.  
This line applies only to a corporation  
with other PHC income in excess of  
10% of ordinary gross income. For  
purposes of this limitation, other PHC  
income is defined in section 543(a)(6)  
(C).  
Enter on line 22 amounts received  
as compensation for the use of, or  
right to use, tangible property of the  
corporation by or for an individual,  
who at any time during the tax year  
directly or indirectly owned at least  
25% in value of the corporation's  
outstanding stock.  
Test 1. The adjusted income from  
mineral, oil, and gas royalties  
(line 19c) is at least 50% of adjusted  
ordinary gross income.  
PHC income does not include:  
Copyright royalties (other than as  
stated above), or  
Dividends from any corporation that  
meets Test 1 above and Test 3 below,  
and in which the corporation owns at  
least 50% (by vote and value) of the  
stock.  
Test 2. PHC income is not more  
than 10% of ordinary gross income.  
For this purpose, PHC income  
includes copyright royalties and the  
adjusted income from rents, but does  
not include line 19c.  
Test 3. Total allocable deductions  
allowable under section 162 (other  
than compensation for personal  
services rendered by a shareholder,  
deductions for royalties paid or  
Test 3. The deductions allowable  
under section 162 (other than  
compensation for personal services  
rendered by a shareholder and  
accrued, and deductions specifically  
allowable under other sections) are at  
least 25% of the excess of:  
deductions specifically allowable  
under other sections) are at least 15%  
of adjusted ordinary gross income.  
1. Ordinary gross income, over  
2. The sum of royalties paid or  
accrued and depreciation for  
copyright royalties.  
If all of the above tests are met,  
mineral, oil, and gas royalties can be  
excluded from PHC income. Do not  
complete lines 19a through 19c.  
Royalties received in  
Line 23. Amounts received under  
personal service contracts and  
from their sale. This line applies  
only if the individual who has  
If mineral, oil, and gas royalties are  
not excluded, enter the total mineral,  
oil, and gas royalties (including  
connection with the licensing of  
computer software. Royalties  
received in connection with the  
licensing of computer software can be  
excluded from PHC income if all four  
of the tests below are met.  
production payments and overriding  
royalties) on line 19a. Enter the  
performed, is to perform, or may be  
designated to perform such services  
owned at any time during the tax year  
25% or more in value of the  
amount from line 4b of the Worksheet  
on line 19b and complete line 19c.  
Test 1. The corporation is  
engaged in the active business of  
developing, manufacturing, or  
producing computer software.  
Line 20. Copyright royalties.  
Note. For royalties received in  
connection with the licensing of  
computer software, see below.  
Copyright royalties can be  
excluded from PHC income if all three  
of the tests below are met.  
corporation's outstanding stock.  
Enter amounts received under a  
contract that requires the corporation  
to furnish personal services if any  
person other than the corporation has  
the right to designate the individual  
who is to perform the services (or if  
the individual who is to perform the  
services is designated in the  
Test 2. The royalties are at least  
50% of ordinary gross income.  
Test 3. Total allowable deductions  
under sections 162, 174, and 195 that  
are allocable to the computer software  
business are at least 25% of ordinary  
gross income (or, the average of the  
deductions for the 5 tax years ending  
with the current tax year is at least  
25% of the average ordinary gross  
income for that period).  
Test 1. Income from copyright  
royalties is at least 50% of ordinary  
gross income. For this purpose,  
copyright royalties do not include  
royalties received for the use of, or  
right to use, copyrights or interests in  
copyrights on works created in whole  
or in part by any shareholder.  
contract). Also include amounts  
received from the sale or other  
disposition of such a contract.  
Line 26. PHC tax. The tax rate on  
undistributed personal holding  
company income is 20%.  
Multiply the amount on Part I,  
line 13, by 20%. Enter the result here  
and on Schedule J (Form 1120),  
line 8, or on the proper line of the  
appropriate tax return.  
Test 4. The sum of taxable  
Test 2. PHC income is not more  
distributions (Part VI, line 3) and the  
deduction for dividends paid after the  
end of the tax year (Part I, line 12) is at  
least equal to the excess, if any, of:  
than 10% of ordinary gross income.  
For this purpose, PHC income  
includes:  
The adjusted income from rents  
(line 18c);  
1. PHC income (as defined in  
section 543(d)(5)(B)), over  
The adjusted income from mineral,  
oil, and gas royalties (line 19c); and  
2. 10% of ordinary gross income.  
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Worksheet for Figuring Ordinary Gross Income, Adjusted Ordinary Gross  
Income, and the PHC Income Test  
Keep for Your Records  
Before you begin: (see instructions below)  
1. Gross income. Insurance companies, other than life insurance companies, see section 543(c) . . . . . . . . 1  
2. Less: Gains from the sale or disposition of capital assets and section 1231(b) property . . . . . . . . . . . . . . 2 (  
3. Ordinary gross income. Combine lines 1 and 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3  
)
4. Adjustments:  
a Deductions allocable to rents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4a  
b Deductions allocable to certain royalties and working interests in oil and gas  
4b  
wells . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
c Deductions allocable to compensation described in section 543(b)(3)(D) . . . . . . . . . 4c  
d Certain excluded interest income under section 543(b)(2)(C) . . . . . . . . . . . . . . . . . . . 4d  
e Total adjustments. Add lines 4a through 4d. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4e  
5. Adjusted ordinary gross income. Subtract line 4e from line 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5  
6. Complete Part II of Schedule PH. Divide Part II, line 25, by line 5 above. Enter the result as a  
6
%
percentage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  
Important: If line 6 is less than 60%, the corporation is not a PHC. Do not file Schedule PH.  
Generally, if line 6 is 60% or more and the stock ownership requirement of section 542(a) is met, the corporation is a PHC.  
Complete Parts III and IV. For details and exceptions, see Who Must File and Personal Holding Company, earlier.  
below) allocable to rents (as defined  
in section 543(b)(3)).  
Line 4c. Deductions allocable to  
compensation. Compensation for  
the use of, or right to use, tangible  
personal property manufactured or  
produced by the corporation does not  
Worksheet Instructions  
Line 1. Gross income. Enter gross  
income as defined in section 61 and  
the related regulations.  
Line 4. Adjustments. Ordinary  
gross income on line 3 must be  
adjusted as described below. Each  
type of income (rents, royalties,  
income from working interests in oil  
and gas wells, and certain excluded  
rents) is separately adjusted by the  
deductions allocable to it. Enter the  
allocable deductions on lines 4a, 4b,  
and 4c to the extent of the gross  
income (for example, enter  
Depreciation and amortization of  
property (other than certain tangible  
personal property not customarily  
retained by any lessee for more than 3 count as rents if the corporation is  
years).  
engaged in substantial manufacturing  
or production of the same type of  
property during the tax year. Enter  
deductions (listed below) allocable to  
this type of compensation.  
Depreciation and amortization of  
property (other than certain tangible  
personal property).  
Property taxes.  
Interest.  
Rent.  
Line 4b. Deductions allocable to  
certain royalties and working  
interests in oil and gas wells. Enter  
deductions (listed below) allocable to  
mineral, oil, and gas royalties  
(including production payments and  
overriding royalties) and to gross  
income from a working interest in an  
oil or gas well.  
Property taxes.  
Interest.  
Rent.  
deductions allocable to royalties on  
line 4b, but do not enter more than the  
gross income from royalties).  
Also, in figuring adjusted ordinary  
gross income, certain interest income  
is excluded (see the instructions for  
line 4d below).  
Line 4d. Certain excluded  
interest income. Include:  
Depreciation and amortization.  
Depletion.  
Interest on a direct obligation of the  
United States held for sale by a dealer  
who is making a primary market for  
these obligations, and  
Property and severance taxes.  
Interest.  
Rent.  
Interest on condemnation awards,  
judgments, and tax refunds.  
Line 4a. Deductions allocable to  
rents. Enter deductions (listed  
-4-