Instructions For Form 1120-Pc - 2001 Page 13

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Dividends and similar distributions
tax year 2001 or carried over from 2000.
after the end of the plan year in which the
include amounts returned or credited to
See Form 4562 and its instructions.
dividends are paid; or
policyholders on cancellation or expiration
3. Used to make payments on a loan
Line 23. Depletion. See sections 613
of policies issued by a mutual fire or flood
described in section 404(a)(9).
and 613A for percentage depletion rates
insurance company:
See section 404(k) for more details
applicable to natural deposits. Also, see
1. Where the premium deposits for
and the limitation on certain dividends.
section 291 for the limitation on the
the policy are the same (regardless of the
depletion deduction for iron ore and coal
Do not deduct fines or penalties paid
length of the policy) and
(including lignite).
to a government for violating any law.
2. The unabsorbed portion of the
Attach Form T (Timber), Forest
Travel, meals, and entertainment.
premium deposits not required for losses,
Activities Schedules, if a deduction for
Subject to limitations and restrictions
expenses, or establishment of reserves is
depletion of timber is taken.
discussed below, a corporation can
returned or credited to the policyholder on
deduct ordinary and necessary travel,
Foreign intangible drilling costs and
cancellation or expiration of the policy.
meal, and entertainment expenses paid
foreign exploration and development
In the case of a qualified group
or incurred in its trade or business. Also,
costs must either be added to the
self-insurers fund, the fund’s deduction for
special rules apply to deductions for gifts,
corporation’s basis for cost depletion
policyholder dividends is allowed no
skybox rentals, luxury water travel,
purposes or be deducted ratably over a
earlier than the date the state regulatory
convention expenses, and entertainment
10-year period. See sections 263(i), 616,
authority determines the amount of the
tickets. See section 274 and Pub. 463 for
and 617 for details.
policyholder dividend that may be paid.
more details.
Line 24. Pension, profit-sharing, etc.,
See section 6076 of the Technical and
Travel. The corporation cannot deduct
plans. Enter the deduction for
Miscellaneous Revenue Act of 1988 (“Act
travel expenses of any individual
contributions to qualified pension,
of 1988”).
accompanying a corporate officer or
profit-sharing, or other funded deferred
employee, including a spouse or
compensation plans. Employers who
Line 30. Mutual interinsurers or
dependent of the officer or employee,
maintain such a plan generally must file
reciprocal underwriters — increase in
unless:
one of the forms listed below, even if the
subscriber accounts. A mutual
That individual is an employee of the
plan is not a qualified plan under the
insurance company that is an interinsurer
corporation and
Internal Revenue Code. The filing
or reciprocal underwriter may deduct the
His or her travel is for a bona fide
requirement applies even if the
increase in savings credited to
business purpose and would otherwise be
corporation does not claim a deduction for
subscriber accounts for the tax year.
deductible by that individual.
the current tax year. There are penalties
Savings credited to subscriber
for failure to file these forms on time and
Meals and entertainment. Generally,
accounts means the surplus credited to
for overstating the pension plan
the corporation can deduct only 50% of
the individual accounts of subscribers
deduction. See sections 6652(e) and
the amount otherwise allowable for meals
before the 16th day of the 3rd month
6662(f).
and entertainment expenses paid or
following the close of the tax year. This is
incurred in its trade or business. In
Form 5500, Annual Return/Report of
true only if the corporation would be
addition (subject to exceptions under
Employee Benefit Plan. File this form for
required to pay this amount promptly to a
section 274(k)(2)):
a plan that is not a one-participant plan
subscriber if the subscriber ended the
Meals must not be lavish or
(see below).
contract when the corporation’s tax year
extravagant;
Form 5500-EZ, Annual Return of
ends. The corporation must notify the
A bona fide business discussion must
One-Participant (Owners and Their
subscriber as required by Regulations
occur during, immediately before, or
Spouses) Retirement Plan. File this form
section 1.823-6(c)(2)(v). The subscriber
immediately after the meal; and
for a plan that only covers the owner (or
must treat any savings credited to the
An employee of the corporation must
the owner and his or her spouse) but only
subscriber’s account as a dividend paid or
be present at the meal.
if the owner (or the owner and his or her
declared.
See section 274(n)(3) for a special rule
spouse) owns the entire business.
that applies to expenses for meals
Line 31. Other deductions. Attach a
Line 25. Employee benefit programs.
consumed by individuals subject to the
schedule listing by type and amount, all
Enter contributions to employee benefit
hours of service limits of the Department
allowable deductions under sections
programs not claimed elsewhere on the
of Transportation.
832(c)(1) and (10) (net of the annual
return (e.g., insurance, health and welfare
statement change in undiscounted unpaid
Membership dues. The corporation
programs etc.) that are not an incidental
loss adjustment expenses) that are not
may deduct amounts paid or incurred for
part of a pension, profit-sharing, etc., plan
deductible on lines 15 through 30.
membership dues in civic or public
included on line 24.
Examples of amounts to include are:
service organizations, professional
Line 27. Additional deduction. Enter on
Ordinary losses from trade or business
organizations (such as bar and medical
line 27, the total from Form 8816, Part II,
activities of a partnership (from Schedule
associations), business leagues, trade
line 5.
K-1 (Form 1065 or 1065-B)). Do not offset
associations, chambers of commerce,
ordinary income against ordinary losses.
boards of trade, and real estate boards.
Any insurance company taking the
Instead, include the income on line 13.
However, no deduction is allowed if a
additional deduction must:
Show the partnership’s name, address,
principal purpose of the organization is to
Make special estimated tax payments
and EIN on a separate statement
equal to the tax benefit from the
entertain, or provide entertainment
attached to this return. If the amount
deduction and
facilities for, members and their guests. In
entered is from more than one
Establish and maintain a Special Loss
addition, corporations may not deduct
partnership, identify the amount from
Discount Account. See section 847 and
membership dues in any club organized
each partnership.
for business, pleasure, recreation, or
Form 8816 for more information.
Dividends paid in cash on stock held by
other social purpose. This includes
Line 29. Dividends to policyholders.
an employee stock ownership plan.
country clubs, golf and athletic clubs,
Enter the total dividends and similar
airline and hotel clubs, and clubs
However, a deduction may only be
distributions paid or declared to
operated to provide meals under
taken if, according to the plan, the
policyholders, as policyholders, except in
conditions favorable to business
dividends are:
the case of a mutual fire insurance
discussion.
company exclusively issuing perpetual
1. Paid in cash directly to the plan
policies. Whether dividends have been
participants or beneficiaries;
Entertainment facilities. The
paid or declared should be determined
2. Paid to the plan which distributes
corporation cannot deduct an expense
according to the method of accounting
them in cash to the plan participants or
paid or incurred for a facility (such as a
employed by the insurance company.
their beneficiaries no later than 90 days
yacht or hunting lodge) used for an
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