entitled to vote or at least 80% of the total
makes this election, the amount of foreign
value of all classes of stock of each corporation
taxes it paid during the tax year may not be
Schedule M-1
in the group (except the parent) must be
taken as a credit or a deduction on Form
owned by one or more of the other
1120-RIC, but may be claimed on Form
Reconciliation of Income (Loss)
corporations in the group and
1120-RIC, Schedule A, line 5, as an addition to
per Books With Income per Return
2. The common parent must own at least
the dividends paid deduction.
80% of the total combined voting power of all
Eligibility. To qualify to make the election,
classes of stock entitled to vote or at least 80%
the fund must meet the following requirements.
Line 5d –Travel and Entertainment
•
of the total value of all classes of stock of one
More than 50% of the value of the fund’s
Include on line 5d any of the following:
or more of the other corporations in the group.
total assets at the end of the tax year must
•
Meals and entertainment not deductible
Stock owned directly by other members of the
consist of stock or securities in foreign
under section 274(n).
group is not counted when computing the
corporations.
•
Expenses for the use of an entertainment
•
voting power or value.
The fund must meet the holding period
facility.
requirements of section 901(k) with respect to
•
See section 1563(d)(1) for the definition of
The part of business gifts over $25.
its common and preferred stock. If the fund
•
“stock” for purposes of determining stock
Expenses of an individual over $2,000,
fails to meet these holding period
ownership above.
which are allocable to conventions on cruise
requirements, the election that allows a fund to
ships.
Question 5
pass through to its shareholders the foreign tax
•
Employee achievement awards over $400.
credits for foreign taxes paid by the fund is
•
Check the “Yes” box if one foreign person
The cost of entertainment tickets over face
disallowed. Although the foreign taxes paid
owned at least 25% of (a) the total voting
value (also subject to the 50% limit under
may not be taken as a credit by either the fund
power of all classes of stock of the fund entitled
section 274(n)).
or the shareholder, they are still deductible at
•
to vote or (b) the total value of all classes of
The cost of skyboxes over the face value of
the fund level.
stock of the fund.
nonluxury box seat tickets.
To make a valid election, in addition to
•
The part of luxury water travel not deductible
The constructive ownership rules of section
timely filing Form 1120-RIC and checking the
318 apply in determining if a fund is foreign
under section 274(m).
box for line 10, the fund must file:
•
Expenses for travel as a form of education.
owned. See section 6038A(c)(5) and the
•
Form 1099-DIV and Form 1096, including
•
Other nondeductible travel and
related regulations.
the statement required by Regulations section
entertainment expenses.
Enter on line 5b(1) the percentage owned
1.853-4; and
For more information, see Pub. 542.
•
by the foreign person specified in question 5.
Form 1118, modified to become a statement
For line 5b(2), write the name of the owner’s
supporting the fund’s election.
Line 7 –Tax-Exempt Interest
country.
Notification. If the fund makes the
Include as interest on line 7 any
Note: If there is more than one 25%-or-more
election, it must furnish to its shareholders a
exempt-interest dividends received by the fund
foreign owner, complete lines 5b(1) and 5b(2)
written notice designating the shareholder’s
as a shareholder in a mutual fund or other RIC.
for the foreign person with the highest
share of foreign taxes paid to each country or
percentage of ownership.
possession and the share of the dividend that
Paperwork Reduction Act Notice. We ask
represents income derived from sources within
Foreign person. The term “foreign person”
for the information on this form to carry out the
each country or possession. The notice must
means:
•
Internal Revenue laws of the United States.
be mailed to the shareholders no later than 60
A foreign citizen or nonresident alien.
•
You are required to give us the information. We
days after the end of the fund’s tax year.
An individual who is a citizen of a U.S.
need it to ensure that you are complying with
possession (but who is not a U.S. citizen or
For further information, see Regulations
these laws and to allow us to figure and collect
resident).
section 1.853-4.
•
the right amount of tax.
A foreign partnership.
•
You are not required to provide the
A foreign corporation.
•
information requested on a form that is subject
Any foreign estate or trust within the
Schedule L
to the Paperwork Reduction Act unless the
meaning of section 7701(a)(31).
•
form displays a valid OMB control number.
A foreign government (or one of its agencies
Balance Sheets per Books
Books or records relating to a form or its
or instrumentalities) to the extent that it is
The balance sheet should agree with the fund’s
instructions must be retained as long as their
engaged in the conduct of a commercial
books and records. Include certificates of
contents may become material in the
activity as described in section 892.
deposit as cash on Schedule L, line 1.
administration of any Internal Revenue law.
Owner’s country. For individuals, the term
Generally, tax returns and return information
“owner’s country” means the country of
Line 4 – Tax-Exempt Securities
are confidential, as required by section 6103.
residence. For all others, it is the country
Include on this line:
The time needed to complete and file this
where incorporated, organized, created, or
1. State and local government obligations,
form will vary depending on individual
administered.
the interest on which is excludible from gross
circumstances. The estimated average time is:
Requirement to file Form 5472. If the fund
income under section 103(a) and
checked “Yes,” it may have to file Form 5472.
Recordkeeping . . . . . . .
57 hr., 9 min.
2. Stock in another mutual fund or other
Generally, a 25% foreign-owned corporation
RIC that distributed exempt-interest dividends
Learning about the law
that had a reportable transaction with a foreign
during the tax year of the fund.
or the form . . . . . . . . . . 20 hr., 37 min.
or domestic related party during the tax year
must file Form 5472.
Preparing the form . . . . 36 hr., 24 min.
Line 24 – Adjustments to
See Form 5472 for filing instructions and
Copying, assembling,
Shareholders’ Equity
penalties for failure to file.
and sending the form to
Some examples of adjustments to report on
the IRS . . . . . . . . . . . . .
4 hr., 1 min.
Item 8
this line include:
•
Show any tax-exempt interest received or
Unrealized gains and losses on securities
If you have comments concerning the
accrued. Include any exempt-interest dividends
held “available for sale.”
accuracy of these time estimates or
•
received as a shareholder in another mutual
Foreign currency translation adjustments.
suggestions for making this form simpler, we
•
fund or other regulated investment company.
The excess of additional pension liability
would be happy to hear from you. You can
over unrecognized prior service cost.
write to the Tax Forms Committee, Western
Item 10
•
Guarantees of employee stock (ESOP) debt.
Area Distribution Center, Rancho Cordova, CA
•
Election under section 853(a). A fund may
Compensation related to employee stock
95743-0001. Do not send the tax form to this
award plans.
make an irrevocable election under section
office. Instead, see Where To File on page 3.
If the total adjustment to be entered on line
853(a) to allow its shareholders to apply their
shares of the foreign taxes paid by the fund
24 is a negative amount, enter the amount in
parentheses.
either as a credit or a deduction. If the fund
-12-