Instructions For Form 1120-Fsc - 2006 Page 5

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2. Any transaction offered under
A FSC (other than a qualified personal
property for as long as they are needed to
conditions of confidentiality for which the
service corporation) must use the accrual
figure the basis of the original or
FSC paid an advisor a fee of at least
method of accounting if its average annual
replacement property.
$250,000.
gross receipts exceed $5 million.
The FSC should keep copies of all filed
3. Certain transactions for which the
Unless it is a qualifying taxpayer or a
returns. They help in preparing future and
FSC has contractual protection against
qualifying small business taxpayer, a FSC
amended returns.
disallowance of the tax benefits.
must use the accrual method for sales and
4. Certain transactions resulting in a
purchases of inventory items. See Schedule
Payment of Tax Due
loss of at least $10 million in any single year
A, Cost of Goods Sold Related to Foreign
or $20 million in any combination of years.
Trading Gross Receipts, on page 7.
The FSC must pay the tax due in full no
5. Certain transactions resulting in a tax
later than the 15th day of the 3rd month
Change in accounting method. To
credit of more than $250,000, if the FSC
change its method of accounting used to
after the end of the tax year. The method for
held the asset generating the credit for 45
report taxable income (for income as a
payment of the tax due depends upon
days or less.
whether the FSC has an office or place of
whole or for the treatment of any material
business in the United States.
item), the FSC must file Form 3115,
Penalties. The FSC may have to pay a
Application for Change in Accounting
1. FSCs that do not maintain an office or
penalty if it is required to disclose a
Method. For more information, see Form
place of business in the United States must
reportable transaction under section 6011
3115 and Pub. 538, Accounting Periods and
pay the tax due directly to the IRS (that is,
and fails to properly complete and file Form
Methods.
8886. The penalty is $50,000 ($200,000 if
do not use either of the depository methods
the reportable transaction is a listed
of tax payment described below). The tax
Section 481(a) adjustment. The FSC
may be paid by check or money order,
transaction) for each failure to file Form
may have to make an adjustment under
payable to the “United States Treasury.” To
8886 with its corporate return or for failure to
section 481(a) to prevent amounts of
help ensure proper crediting, write the
provide a copy of Form 8886 to the Office of
income or expense from being duplicated or
Tax Shelter Analysis (OTSA). Other
FSC’s employer identification number (EIN),
omitted. The section 481(a) adjustment
penalties, such as an accuracy-related
“Form 1120-FSC”, and the tax period to
period is generally 1 year for a net negative
which the payment applies on the check or
penalty under section 6662A, may also
adjustment and 4 years for a net positive
money order. Enclose the payment when
apply. See the Instructions for Form 8886
adjustment. However, a FSC may elect to
Form 1120-FSC is filed.
for details.
use a 1-year adjustment period if the net
2. FSCs that maintain an office or place
section 481(a) adjustment for the change is
of business in the United States must pay
less than $25,000. The FSC must complete
Assembling the Return
the tax due using one of the depository
the appropriate lines of Form 3115 to make
To ensure that the FSC’s tax return is
methods of tax payment described below.
the election.
correctly processed, attach all schedules
and other forms after page 6, Form
Accounting Period
Depository Methods of Tax
1120-FSC, and in the following order:
A FSC must figure its taxable income on the
Payment
1. Schedule O (Form 1120).
basis of a tax year. A tax year is the annual
2. Form 4626.
accounting period a FSC uses to keep its
Electronic Deposit Requirement
3. Form 4136.
records and report its income and expenses.
4. Form 851.
The FSC must make electronic deposits of
Generally, FSCs may use a calendar year or
5. Additional schedules in alphabetical
all depository taxes (such as employment
a fiscal year. Personal service corporations,
order.
tax, excise tax, and corporate income tax)
however, must generally use a calendar
6. Additional forms in numerical order.
using the Electronic Federal Tax Payment
year.
System (EFTPS) in 2007 if:
Note. The tax year of a FSC must be the
Complete every applicable entry space
The total deposits of such taxes in 2005
same as the tax year of the principal
on Form 1120-FSC. Do not enter “See
were more than $200,000 or
shareholder which, at the beginning of the
attached” instead of completing the entry
The FSC was required to use EFTPS
FSC tax year, has the highest percentage of
spaces. If more space is needed on the
in 2006.
voting power. If two or more shareholders
forms or schedules, attach separate sheets
If the FSC is required to use EFTPS and
have the highest percentage of voting
using the same size and format as the
fails to do so, it may be subject to a 10%
power, the FSC must have a tax year that
printed forms. If there are supporting
penalty. If the FSC is not required to use
conforms to the tax year of any such
statements and attachments, arrange them
EFTPS, it may participate voluntarily. To
shareholder. See section 441(h).
in the same order as the schedules or forms
enroll in or get more information about
they support and attach them last. Show the
EFTPS, call 1-800-555-4477. To enroll
Rounding Off To
totals on the printed forms. Enter the FSC’s
online, visit
name and EIN on each supporting
Whole Dollars
statement or attachment.
Depositing on time. For EFTPS deposits
The FSC may round off cents to whole
to be made timely, the FSC must initiate the
dollars on its return and schedules. If the
Accounting Methods
transaction at least 1 business day before
FSC does round to whole dollars, it must
the date the deposit is due.
Figure taxable income using the method of
round all amounts. To round, drop amounts
accounting regularly used in keeping the
Deposits With Form 8109
under 50 cents and increase amounts from
FSC’s books and records. In all cases, the
50 to 99 cents to the next dollar (for
If the FSC does not use EFTPS, deposit
method used must clearly show taxable
example, $1.39 becomes $1 and $2.50
FSC income tax payments (and estimated
income. Permissible methods include cash,
becomes $3).
tax payments) with Form 8109, Federal Tax
accrual, or any other method authorized by
Deposit Coupon. If you do not have a
If two or more amounts must be added to
the Internal Revenue Code.
pre-printed Form 8109, use Form 8109-B to
figure the amount to enter on a line, include
A member of a controlled group may not
make deposits. You can get this form by
cents when adding the amounts and round
use an accounting method that would distort
calling 1-800-829-4933 or visiting an IRS
off only the total.
any group member’s income, including its
taxpayer assistance center. Have your EIN
Recordkeeping
own. For example, a FSC acts as a
ready when you call or visit.
commission agent for property sales by a
Keep the FSC’s records for as long as they
Do not send deposits directly to an IRS
related corporation that uses the accrual
may be needed for the administration of any
office; otherwise, the FSC may have to pay
method and pays the FSC its commission
provision of the Internal Revenue Code.
a penalty. Mail or deliver the completed
more than 2 months after the sale. In this
Usually, records that support an item of
Form 8109 with the payment to an
case, the FSC should not use the cash
income, deduction, or credit on the return
authorized depositary (a commercial bank or
method because that method would
must be kept for 3 years from the date the
other financial institution authorized to
materially distort its income.
return is due or filed, whichever is later.
accept Federal tax deposits). Make checks
Generally, the following rules apply:
Keep records that verify the FSC’s basis in
or money orders payable to the depositary.
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