Instructions For Form 1120-Ic-Disc - 2012 Page 9

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attributable to periods totaling less than
Regulations section 1.263A-1(e)(3)
4. Enter the smaller of line 2 or
367 days are subject to the 46-day holding
specifies other indirect costs that relate to
line 3. If line 3 is larger than
line 2, do not complete the rest of
period rule in item 1.
production or resale activities that must be
this worksheet. Instead, enter the
capitalized and those that may be
3. Dividends on any share of stock to
amount from line 4 in the margin
currently deductible.
the extent the IC-DISC is under an
next to line 9 of Schedule C and
obligation (including a short sale) to make
Interest expense paid or incurred
on line 6b, page 1, Form
related payments with respect to positions
during the production period of designated
1120-IC-DISC
. . . . . . . . .
in substantially similar or related property.
property must be capitalized and is
5. Enter the total amount of
dividends received from
Any other taxable dividend income not
governed by special rules. For more
20%-or-more-owned
properly reported elsewhere on
details, see Regulations sections
corporations that are included on
Schedule C.
1.263A-8 through 1.263A-15.
lines 2, 3, 5, 7, and 8 of column
The costs required to be capitalized
(a)
. . . . . . . . . . . . . . .
Line 15, Column (a)
under section 263A are not deductible
6. Subtract line 5 from line 1
. .
until the property (to which the costs
7. Multiply line 6 by 70%
Qualified dividends are dividends that
relate) is sold, used, or otherwise
(0.70)
. . . . . . . . . . . . .
qualify as qualified export receipts. They
disposed of by the corporation.
8. Subtract line 3 above from
include all dividends (or amounts)
column (c) of line 9
. . . . . .
includible in gross income (under section
Exceptions. Section 263A does not
9. Enter the smaller of line 7 or
951) that are attributable to stock of
apply to the following.
line 8
. . . . . . . . . . . . . .
related foreign export corporations. See
Personal property acquired for resale if
10. Dividends-received deduction
Qualified export receipts
and
A related
the IC-DISC's average annual gross
after limitation. Add lines 4 and
foreign export corporation
under
Section
9. (If this is less than line 9 of
receipts for the 3 prior tax years were $10
Schedule C, enter the smaller
993, earlier, for more details.
million or less.
amount on line 6b, page 1, Form
Inventoriable items accounted for in the
Schedule E
1120-IC-DISC, and in the margin
same manner as materials and supplies
next to line 9 of
that are not incidental. See
Cost of Goods
Schedule C.)
Deductions
. . . . . . . . .
Sold, earlier, for details.
Limitations on Deductions
For more details on the uniform
Line 13, Column (a)
capitalization rules, see Regulations
Section 263A uniform capitalization
sections 1.263A-1 through 1.263A-3.
Include the following.
rules. The uniform capitalization rules of
Dividends (other than capital gain
Transactions between related taxpay-
section 263A generally require
distributions reported on Schedule D
ers. Generally, an accrual basis taxpayer
corporations to capitalize, or include in
(Form 1120) and exempt-interest
may only deduct business expenses and
inventory, certain costs incurred in
dividends) that are received from RICs
interest owed to a related party in the year
connection with the following.
and that are not subject to the 70%
the payment is included in the income of
Personal property (tangible and certain
deduction.
the related party. See sections 163(e)(3),
intangible property) acquired for resale.
Dividends from tax-exempt
163(j), and 267 for limitations on
The production of real property and
organizations.
deductions for unpaid interest and
tangible personal property by a
Dividends (other than capital gain
expenses.
corporation for use in its trade or business
distributions) received from a real estate
or in an activity engaged in for profit.
Corporations use Form 8926,
investment trust that, for the tax year of the
Disqualified Corporate Interest Expense
Tangible personal property produced
trust in which the dividends are paid,
Under Section 163(j) and Related
by a corporation includes a film, sound
qualifies under sections 856 through 860.
Information, to figure the amount of any
recording, videotape, book, or similar
Dividends not eligible for a
corporate interest disallowed by section
property.
dividends-received deduction, which
163(j).
IC-DISCs subject to the section 263A
include the following.
Golden parachute payments. A portion
uniform capitalization rules are required to
1. Dividends received on any share of
of the payments made by a corporation to
capitalize:
stock held for less than 46 days during the
key personnel that exceeds their usual
1. Direct costs, and
91-day period beginning 45 days before
compensation may not be deductible. This
the ex-dividend date. When counting the
2. An allocable part of most indirect
occurs when the corporation has an
number of days the corporation held the
costs (including taxes) that (a) benefit the
agreement (golden parachute) with these
stock, you may not count certain days
assets produced or acquired for resale, or
key employees to pay them these excess
during which the corporation's risk of loss
(b) are incurred by reason of the
amounts if control of the corporation
was diminished. See section 246(c)(4)
performance of production or resale
changes. See section 280G and
and Regulations section 1.246-5 for more
activities.
Regulations section 1.280G-1. Also, see
details.
the
instructions for line
1i, later.
For inventory, some of the indirect
2. Dividends attributable to periods
expenses that must be capitalized are:
Business start-up and organizational
totaling more than 366 days that the
Administration expenses;
costs. Business start-up and
IC-DISC received on any share of
Taxes;
organizational costs must be capitalized
preferred stock held for less than 91 days
Depreciation;
unless an election is made to deduct or
during the 181-day period that began 90
Insurance;
amortize them. The following rules apply
days before the ex-dividend date. When
Compensation paid to officers
separately to each category of costs.
counting the number of days the IC-DISC
attributable to services;
The IC-DISC may elect to deduct up to
held the stock, you may not count certain
Rework labor; and
$5,000 of such costs for the year the
days during which the IC-DISC's risk of
Contributions to pension, stock bonus,
IC-DISC begins business operations.
loss was diminished. See section 246(c)
and certain profit-sharing, annuity, or
The $5,000 deduction is reduced (but
(4) and Regulations section 1.246-5 for
deferred compensation plans.
not below zero) by the amount the total
more details. Preferred dividends
Instructions for Form 1120-IC-DISC (Rev. 9-2017)
-9-

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