Форма 1120 Инструкции по расписанию PH
Инструкции по налогу на PH (форма 1120), налогу на личную холдинговую компанию США (PHC)
Rev. December 2016
Связанные формы
- Форма 1120 Расписание PH - Личная холдинговая компания США (PHC)
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
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