2013 Income Tax Returns Complete Report Explanation of Terms
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A Subchapter S corporation that had accumulated earn-
ings and prots from a prior subchapter C status and also had
net passive income greater than 25 percent of its gross receipts
was taxed on the excess (net of related expenses) at the regular
corporate tax rate. Passive investment income, in general, was
gross receipts derived from rents, royalties, dividends, inter-
est, annuities, or the sales or exchanges of stock or securities.
Foreign Dividend Income Resulting from
Foreign Taxes Deemed Paid
[Page 2, Schedule C, Line 15(a)]
See “Constructive Taxable Income from Related Foreign
Corporations.”
Foreign Tax Credit
[Page 3, Schedule J, Line 5a]
Code section 901 allowed a credit against U.S. income
tax for income taxes paid to foreign countries or U.S. posses-
sions. The credit could be claimed by domestic corporations,
except S corporations, and by foreign corporations engaged
in trade or business in the United States for foreign taxes paid
on income effectively connected with the U.S. business. The
U.S. income tax that could be reduced by the credit excluded
the recapture taxes and the personal holding company tax. The
credit was not allowed for S corporations because their income
was primarily taxed through their shareholders; any creditable
foreign taxes were also passed through to their shareholders.
Regulated investment companies could elect under Code sec-
tion 853 to allow their shareholders to claim any credit for the
foreign taxes paid. However, if the election was not made, the
regulated investment company could claim the tax credit.
The foreign tax credit was subject to a limitation that
prevented the corporations from using foreign tax credits to
reduce U.S. tax liability on U.S.-sourced income. The credit
was limited to a percentage of total U.S. income tax equal to
the ratio of taxable income from foreign sources to worldwide
taxable income. Previously this limitation was computed sepa-
rately for foreign taxes paid or accrued with respect to nine
categories of income. In 2006 the categories changed to four.
These are (1) Passive Income; (2) General Category Income;
(3) Section 901 (j) Income (Sanction Country Income); and (4)
Income Re-sourced by Treaty. Foreign taxes in excess of the
limitation for any 1 year could be carried back 1 year (2 years
for credits arising in a tax year beginning before October 23,
2004) and forward 10 years (5 years for credits that can be car-
ried forward to any tax year ending before October 23, 2004).
The carryover periods (1 year back and 10 years forward) were
modied by the American Jobs Creation Act of 2004.
A corporation that claimed (or passed through) the for-
eign tax credit could not also claim a business deduction for
the same foreign taxes paid. The credit could be reduced for
taxes paid on foreign income from operations involving par-
ticipation or cooperation with an international boycott. The
foreign tax credit was not allowed for taxes paid to certain
foreign countries whose government was not recognized by
the United States, with which the United States severed or did
not conduct diplomatic relations, or which supported interna-
tional terrorism.
General Business Credit
[Form 3800, Line 38]
The general business credit consisted of a combination of
several individual credits* of which the following are edited
by SOI: investment credit (Form 3468), research credit (Form
6765), low-income housing credit (Form 8586), disabled
access credit (Form 8826), renewable electricity production
credit (Form 8835), Indian employment credit (Form 8845),
orphan drug credit (Form 8820), new markets credit (Form
8874), credit for small employer pension plan startup costs
(Form 8881), credit for employer-provided child care facili-
ties and services (Form 8882), biodiesel fuels credit (Form
8864), low sulfur diesel fuel production credit (Form 8896),
alternative motor vehicle credit (Form 8910), alternative fuel
vehicle refueling property credit (Form 8911), qualied plug-
in electric drive motor vehicle credit (Form 8936), qualied
plug-in electric vehicle credit (Form 8834, Part I), investment
credit (Form 3468), work opportunity credit (Form 5884),
alcohol and cellulosic biofuel fuels credit (Form 6478), low-
income housing credit (Form 8586, Part II), renewable elec-
tricity, rened coal, and Indian coal production credit (Form
8835), credit for employer social security and Medicare taxes
paid on certain employee tips (Form 8846), credit for small
employer health insurance premiums (Form 8941), and the
empowerment zone employment credit (Form 8844). If a cor-
poration claimed more than one of these credits, reported a
carryforward, had credits from a passive activity, or had the
Trans-Alaska pipeline liability fund credit, or had the general
credits from an electing large partnership (Schedule K-1, Form
1065-B), Form 3800 was to be led with the income tax return.
The separate components of the general business credit are
shown in Table 21.
*The following general business credit forms are not
edited: Forms 8900, 8906, 8907, 8908, 8909, 8923, 8931, 8932,
8933, 5884-A and 5884-B. However, the current-year amount
is displayed on the appropriate line of Form 3800 and included
in the “credit allowed for the current year” (line 32).
The purpose of the general business credit was to pro-
vide a uniform limitation on the amount that could be used
to reduce tax liability and to establish uniform rules for car-
rybacks and carryforwards. Each of the credits was computed
separately. Total credits became the general business credit for
the purpose of applying the maximum tax liability rules and
the carryback and carryforward rules.
Except for the investment credits, S corporations com-
puted these credits at the corporate level; the credits were then