Instructions For Form 1120-Ric - U.s. Income Tax Return For Regulated Investment Companies - Internal Revenue Service - 2010 Page 10

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Amounts treated as compensation.
income. See the instructions for line h of
paid by the RIC and received by each
Generally, the RIC may be able to deduct
the Built-in Gains Tax Worksheet
shareholder on December 31 of that
otherwise nondeductible entertainment,
Instructions on page 12.
calendar year provided that they are
amusement or recreation expenses if the
actually paid in January of the following
Line 28i. Backup withholding. If the
amounts are treated as compensation to
calendar year. Enter on line 3 all such
RIC had income tax withheld from any
the recipient and reported on Form W-2
dividends not already included on line 1
payments it received, because, for
for an employee or on Form 1099-MISC
or 2.
example, it failed to give the payer its
for an independent contractor.
Line 6. Enter the foreign tax paid
correct EIN, include the amount withheld
However, if the recipient is an officer,
in the total for line 28i. Enter the amount
deduction allowed as an addition to the
director, or beneficial owner (directly or
withheld and the words “Backup
dividends paid deduction under section
indirectly) of more than 10% of any class
Withholding” in the blank space above the
853(b)(1)(B). See the instructions for Item
of stock, the deductible expense is
line 28i.
10 of Schedule K for information on the
limited. See section 274(e)(2) and Notice
election available under section 853(a).
2005-45, 2005-24 I.R.B. 1228.
Line 29. Estimated tax penalty. A RIC
Line 7. If the RIC elects under Section
that does not make estimated tax
See section 274 and Pub. 463 for a
payments when due may be subject to an
853A to pass through credits from
more extensive discussion of these
underpayment penalty for the period of
qualified tax credit bonds to shareholders,
topics.
underpayment. See the instructions for
increase the dividends paid deduction by
Lobbying expenses. Generally,
Form 2220, Underpayment of Estimated
the amount of the credits distributed to
lobbying expenses are not deductible.
Tax by Corporations, for more
shareholders. To make the election, see
Examples of non-deductible expenses
information.
the instructions for item 11, under
include:
Schedule K — Other Information, on page
Amounts paid or incurred in connection
13.
with influencing federal or state legislation
Part II — Tax on
(but not local legislation) or
Undistributed Net Capital
Amounts paid or incurred in connection
Schedule B—Income From
with any communication with certain
Gain Not Designated
federal executive branch officials in an
Tax-Exempt Obligations
attempt to influence the official actions or
Under Section 852(b)(3)(D)
If, at the close of each quarter of the tax
positions of the officials. See Regulations
year, at least 50% of the value of the
section 1.162-29 for the definition of
Alternative tax on qualified timber
fund’s assets consisted of tax-exempt
“influencing legislation.”
gains. If the RIC is a partner in a
obligations under section 103(a), the RIC
partnership, had a net gain, and received
Dues and other similar amounts paid
qualifies under section 852(b)(5) to pay
a distributive share of a qualified timber
to certain tax-exempt organizations may
exempt-interest dividends for the tax year.
gain (as defined in section 1201(b)(2))
not be deductible. See section 162(e)(3).
from the partnership for the period that
Certain in-house lobbying expenditures
If this applies, check the “Yes” box on
began before May 23, 2009, the RIC may
that do not exceed $2,000 are deductible.
line 1 and complete lines 2 through 5.
be eligible for an alternative tax rate
See section 852(b)(5)(A) for the definition
For more information on other
under section 1201(b)(1) on the portion of
of exempt-interest dividends and other
deductions that may apply to RICs, see
its taxable income attributable to the
details.
Pub. 535.
qualified timber gain. Enter the alternative
tax, if any, on line 4, Part II. Attach a
Tax and Payments
statement showing the computation of the
Schedule J—Tax
Line 28b. Estimated tax payments.
tax. You may use Part II of the 2009 Form
1120-RIC as a guide.
Enter any estimated tax payments the
Computation
RIC made for the tax year.
Line 1
Line 28f. Credit from Form 2439. Enter
Schedule A—Deduction
the credit from Form 2439 for the RIC’s
If the RIC is a member of a controlled
share of the tax paid by another RIC or a
group, check the box on line 1 and
for Dividends Paid
Real Estate Investment Trust (REIT) on
complete and attach Schedule O (Form
undistributed long-term capital gains
Column (a) is used to determine the
1120), Consent Plan and Apportionment
included in the RIC’s income. Attach
deduction for dividends paid resulting
Schedule for a Controlled Group. See
Form 2439 to Form 1120-RIC.
from income derived from ordinary
Schedule O (Form 1120) and its
dividends.
instructions for more information.
Line 28g. Credit for federal tax on
fuels. Complete and attach Form 4136,
Column (b) is used to determine the
Line 2a–Tax on Investment
Credit for Federal Tax Paid on Fuels, if
deduction for dividends paid resulting
Company Taxable Income
the RIC qualifies to take this credit.
from income derived from capital gain
Line 28h. Refundable credits from
Members of a controlled group must use
dividends.
Forms 3800 and 8827. If the RIC
Schedule O (Form 1120) to figure the tax
Section 561 (taking into account
for the group. Most corporations that are
elected to claim certain unused research
sections 852(b)(7), 852(c)(3)(B), and
not members of a controlled group, and
or minimum tax credits instead of any
855(a)) determines the deduction for
do not file a consolidated return, figure
additional first-year special depreciation
dividends paid. Do not take into account
their tax by using the Tax Rate Schedule
allowance for eligible property, see the
exempt-interest dividends defined in
below.
instructions for Forms 3800 and 8827.
section 852(b)(5) or any amount reported
Enter on line 28h the amounts from line
For a RIC that is not a personal
for the tax year on Form 2438, line 9b.
19c of Form 3800 and line 8c of Form
holding company (PHC). A RIC in
See Regulations section 1.852-11 for
8827, if applicable.
compliance with Regulations section
information on post-October currency or
The RIC must use the refundable
1.852-6 regarding disclosure of the RIC’s
capital losses.
!
credits from Forms 3800 and 8827
actual stock ownership (members of a
to reduce any built-in gains tax
Line 3. Dividends, both ordinary and
controlled group should see the
CAUTION
derived from property that it owned when
capital gain, declared and payable to
instructions for Schedule O (Form 1120))
it was a C corporation, before the credits
shareholders of record in October,
is not a PHC and should compute its tax
can be used to reduce RIC taxable
November, or December are treated as
using the Tax Rate Schedule below:
-10-

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