Instructions For Form 1120-Ric - U.s. Income Tax Return For Regulated Investment Companies - 2003 Page 11

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for which it took the low-income housing credit,
Regulations section 1.337(d)-6 for information
Short-term capital gain as a short-term
it may owe a tax. See Form 8611, Recapture
on how to make the election and figure the tax
capital loss on Schedule D (Form 1120), line 1.
of Low-Income Housing Credit.
for RIC elections and property transfers before
Long-term capital gain as a long-term capital
this date. The fund may also rely on
loss on Schedule D (Form 1120), line 6.
Other
Regulations section 1.337(d)-5 for RIC
How to report. If the fund checked the “Other”
Additional taxes and interest amounts may be
elections and property transfers that occurred
box, attach a schedule showing the
included in the total entered on line 7. Check
before January 2, 2002.
computation of each item included in the total
the box for “Other” if the fund includes any of
for line 7, Schedule J; identify the applicable
Worksheet instructions. Complete the
the taxes and interest discussed below. See
Code section and the type of tax or interest.
worksheet on this page to figure the built-in
How to report, below, for details on reporting
gains tax under Regulations section 1.337(d)-7
these amounts on an attached schedule.
Line 8 –Total Tax
or 1.337(d)-6.
Recapture of qualified electric vehicle
Include any deferred tax on the termination of
Line a. Enter the amount that would be the
(QEV) credit. The fund must recapture part of
a section 1294 election applicable to
taxable income of the fund for the tax year if
the QEV credit it claimed in a prior year, if
shareholders in a qualified electing fund in the
only recognized built-in gain, recognized
within 3 years of the date the vehicle was
amount entered on line 8. See Form 8621, Part
built-in loss, and recognized built-in gain
placed in service, it ceases to qualify for the
V, and How to report, below.
carryover were taken into account.
credit. See Regulations section 1.30-1 for
Subtract. Amounts to subtract from the
Line b. Add the amounts shown on Form
details on how to figure the recapture.
total for line 8 are the deferred taxes on the
1120-RIC, page 1, line 24; Form 1120-RIC,
Recapture of Indian employment credit.
fund’s share of the undistributed earnings of a
Part II, line 1; and Form 2438, line 11. For this
Generally, if an employer terminates the
qualified electing fund (see Form 8621, Part II).
purpose, refigure line 24 on page 1 of Form
employment of a qualified employee less than
1120-RIC without regard to any election under
How to report. Attach a schedule showing the
1 year after the date of initial employment, any
computation of each item included in, or
section 852(b)(2)(F). Enter the result on line b
Indian employment credit allowed for a prior
subtracted from, the total for line 8. On the
of the worksheet on this page.
tax year because of wages paid or incurred to
dotted line next to line 8, enter the amount of
Line c. The fund’s net unrealized built-in
that employee must be recaptured. For details,
tax or interest, identify it as tax or interest, and
gain is the amount, if any, by which the fair
see Form 8845 and section 45A.
specify the Code section that applies.
market value of the assets of the fund at the
Recapture of New Markets Credit (see Form
beginning of its first RIC year (or as of the date
8874).
the assets were acquired, for any asset with a
Schedule K
Interest due on:
basis determined by reference to its basis (or
Deferred tax attributable to (a) installment
the basis of any other property) in the hands of
sales of certain timeshares and residential lots
Other Information
a C corporation) exceeds the aggregate
(section 453(l)(3)) and (b) certain nondealer
adjusted basis of such assets at that time.
The following instructions apply to questions 1
installment obligations (section 453A(c)).
Enter on line c the fund net unrealized
through 11 on page 3, Form 1120-RIC.
Deferred gain (section 1260(b)).
built-in gain reduced by the net recognized
Complete all the questions that apply to the
Built-in gains tax. If, on or after January 2,
built-in gain for prior years. See sections
fund.
2002, property of a C corporation becomes
1374(c)(2) and (d)(1).
Question 3
property of a RIC by either (a) the qualification
Line d. If the amount on line b exceeds the
of the C corporation as a RIC or (b) the
Check the “Yes” box for question 3 if the fund
amount on line a, the excess is treated as a
transfer of such property to a RIC, then the RIC
is a subsidiary in a parent-subsidiary controlled
recognized built-in gain in the succeeding tax
will be subject to the built-in gain tax under
group (defined below). This applies even if the
year.
section 1374 unless the C corporation elects
fund is a subsidiary member of one group and
Line e. Enter the section 1374(b)(2)
deemed sale treatment on the transferred
the parent corporation of another.
deduction. Generally, this is any net operating
property. If the C corporation does not make
loss carryforward or capital loss carryforward
Note: If the fund is an “excluded member”
this election, the RIC must pay tax on the net
of a controlled group (see section 1563(b)(2)),
(to the extent of net capital gain included in
recognized built-in gain during the 10-year
recognized built-in gain for the tax year) arising
it is still considered a member of a controlled
period beginning on its first day as a RIC or the
in tax years for which the fund was a C
group for this purpose.
day it acquired the property. Recognized
corporation. A capital loss carryforward must
built-in gains and losses on which a fund pays
Parent-subsidiary controlled group. The
be used to reduce recognized built-in gain for
tax generally retain their character (e.g.,
term “parent-subsidiary controlled group”
the tax year to the greatest extent possible
ordinary income or capital gain) and are
means one or more chains of corporations
before it can be used to reduce the investment
treated the same as other gains or losses of
connected through stock ownership (section
company taxable income.
the fund. The fund’s tax on net recognized
1563(a)(1)). Both of the following requirements
built-in gain is treated as a loss sustained by
Line h. Credit carryforwards arising in tax
must be met:
the fund after October 31 of the same tax year
years for which the fund was a C corporation
1. At least 80% of the total combined
(see the instructions for line i of the Built-in
must be used to reduce the tax on net built-in
voting power of all classes of voting stock
Gains Tax Worksheet on this page). See
gain for the tax year to the greatest extent
entitled to vote or at least 80% of the total
Regulations section 1.337(d)-7 for details.
possible before the credit carryforwards can be
value of all classes of stock of each corporation
used to reduce the tax on the investment
Different rules apply to elections to be a
in the group (except the parent) must be
company taxable income.
RIC and to transfers of property in a carryover
owned by one or more of the other
basis transaction that occurred prior to
Line i. The fund’s tax on the net
corporations in the group and
January 2, 2002. For RIC elections and
recognized built-in gain is treated as a loss
2. The common parent must own at least
property transfers before this date, the C
sustained by the RIC after October 31 of the
80% of the total combined voting power of all
corporation is subject to deemed sale
same tax year. Deduct the tax attributable to:
classes of stock entitled to vote or at least 80%
treatment on the transferred property unless
Ordinary gain as a deduction for taxes on
of the total value of all classes of stock of one
the fund elects section 1374 treatment. See
Form 1120-RIC, line 12.
or more of the other corporations in the group.
Built-in Gains Tax Worksheet (keep for your records)
a.
Excess of recognized built-in gains over recognized built-in losses . . . . . . . . . . . . . . . . . . . . . . . a.
b. Taxable income . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b.
c.
Enter the net unrealized built-in gain reduced by any net recognized built-in gain for all prior years c.
d. Net recognized built-in gain (enter the smallest of lines a, b, or c) . . . . . . . . . . . . . . . . . . . . . . . d.
e.
Section 1374(b)(2) deduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e.
f.
Subtract line e from line d. If zero, enter -0- here and on line i . . . . . . . . . . . . . . . . . . . . . . . . . . f.
g. Enter 35% of line f . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . g.
h. Business credit and minimum tax credit carryforwards under section 1374(b)(3) from C corporation h.
i.
Tax. Subtract line h from line g (if zero or less, enter -0-). Enter here and include on line 7 of
Schedule J (see instructions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i.
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