Free Form 1120-FSC (Rev. December 2008) - Federal


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Pages: 6
Date: March 19, 2009
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State: Federal
Category: Tax Forms
Author: SE:W:CAR:MP
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URL

http://www.irs.gov/pub/irs-pdf/f1120fsc.pdf

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Form

1120-FSC

U.S. Income Tax Return of a Foreign Sales Corporation
For calendar year 200 or other tax year beginning , 20
C Employer identification number

(Rev. December 2008)
Department of the Treasury Internal Revenue Service

, 200 ,

OMB No. 1545-0935

and ending See separate instructions. Please type or print.
Name

A Foreign country or U.S. possession of incorporation (see instructions) B Check type of election made: FSC Small FSC Enter the effective date of the election: F Check applicable boxes: (1)

D Date incorporated Number, street, and room or suite no. (see instructions) E Total assets (see instructions) City or town, state, and ZIP code

$
(3) Address change (4) Amended return

Final return

(2)

Name change

FSC Information
1 Principal shareholder. Complete for the shareholder that was the principal shareholder at the beginning of the FSC's tax year. If two or more shareholders own equal amounts of stock, complete for the shareholder that has the same tax year as the FSC (see instructions).
a Name b Identification number

c

Address (number, street, and room or suite no., city or town, state, ZIP code, or country)

d Total assets (corporations only)

$
e Percentage of voting stock of the f principal shareholder % Tax year ends (month and year) g Service Center where tax return is filed h Foreign owner? (check one) Yes Yes No No

2 Parent-subsidiary controlled group. Is the FSC a subsidiary in a parent-subsidiary controlled group?

If "Yes," and the principal shareholder (described in 1 above) is not the common parent of the group, complete lines 2a through 2g below for the common parent (see instructions).
a Name of common parent b Identification number

c

Address (number, street, and room or suite no., city or town, state, ZIP code, or country)

d Total assets (consolidated, if applicable)

$
e Percentage of voting stock of the common parent % f Tax year end (month and year) g Service Center where tax return is filed

3 Administrative pricing rules a Check the applicable box(es) to show the pricing rule(s) used to determine taxable income on transactions resulting in foreign trading gross receipts. (1) 1.83% of foreign trading gross receipts (2) 23% of combined taxable income (3) Marginal costing

Transactions at arm's length with unrelated supplier(s) (5) Section 482 method (4) b If the FSC and the related supplier(s) meet the payment rules of Temporary Regulations section 1.925(a)-1T(b)(2)(ii) and elect to use the administrative pricing rules, check here

Tax and Payments (see instructions)
1 2 a b c e f g h 3 4 5 6 Total tax (Schedule J, line 6) Payments: Overpayment from prior year allowed 2a as a credit Current year estimated tax payments 2b Less refund of overpaid estimated tax ) d Bal 2c ( 2d applied for on Form 4466 2e Tax deposited with Form 7004 2f Credit for Federal tax paid on fuels (attach Form 4136) 2g U.S. income tax paid or withheld at source (attach Form 1042-S) Add lines 2d through 2g Estimated tax penalty. Check if Form 2220 is attached Tax due. If line 2h is smaller than the total of lines 1 and 3, enter amount owed Overpayment. If line 2h is larger than the total of lines 1 and 3, enter amount overpaid Enter amount of line 5 you want: Credited to next year's estimated tax Refunded 1

2h 3 4 5 6
May the IRS discuss this return with the preparer shown below (see instructions)? Yes No

Sign Here

Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct, and complete. Declaration of preparer (other than taxpayer) is based on all information of which preparer has any knowledge.

Signature of officer

Date

Title Date Check if self-employed EIN Phone no. Cat. No. 11531K

Paid Preparer's Use Only

Preparer's signature Firm's name (or yours if self-employed), address, and ZIP code

Preparer's SSN or PTIN

(

)

For Privacy Act and Paperwork Reduction Act Notice, see instructions.

Form

1120-FSC

(Rev. 12-2008)

Form 1120-FSC (Rev. 12-2008)

Page

2

Schedule A
1 2 3 4 5 6 7 8 9a

Cost of Goods Sold Related to Foreign Trading Gross Receipts (see instructions)
(a) Using administrative pricing rules (b) Not using administrative pricing rules

b c d e f

Inventory at beginning of year Purchases Cost of labor Additional section 263A costs (attach schedule) Other costs (attach schedule) Total. Add lines 1 through 5 Inventory at end of year Cost of goods sold. Subtract line 7 from line 6. Enter here and on 8 line 7 of Schedule B. Small FSCs, see instructions for Schedule A Cost as described in Regulations section 1.471-3 Check all methods used for valuing closing inventory: (1) (2) Lower of cost or market as described in Regulations section 1.471-4 (3) Other (Specify method used and attach explanation.) Check if there was a writedown of subnormal goods as described in Regulations section 1.471-2(c) Check if the LIFO inventory method was adopted this tax year for any goods. (If checked, attach Form 970.) If the LIFO inventory method was used for this tax year, enter percentage (or amounts) of closing 9d inventory computed under LIFO If property is produced or acquired for resale, do the rules of section 263A apply to the FSC? Yes Was there any change in determining quantities, cost, or valuations between opening and closing inventory? Yes If "Yes," attach explanation
Yes No

1 2 3 4 5 6 7

No No
Yes No

Additional Information (see instructions). Note: Small FSCs, complete lines 1 through 8f only.
1 See the instructions and enter the FSC's: a Business activity code no. b Business activity c Product or service 2 3 4 Enter the amount of tax-exempt interest received or $ accrued during the tax year At any time during the tax year was the FSC engaged in a trade or business in the United States? During the tax year, did the FSC own any foreign entity that was disregarded as an entity separate from its owner under Regulations sections 301.7701-2 and 301.7701-3? If "Yes," attach a statement listing the name, country under whose laws the entity was organized, and EIN (if any) of each such entity. 5 During the tax year, did the FSC own at least a 10% interest, directly or indirectly, in any foreign partnership? If "Yes," see the instructions for required attachment. 6 7 If the FSC has an NOL for the tax year and is electing to forego the carryback period, check here Enter the available NOL carryover from prior tax years. (Do not reduce it by any deduction on Schedule B, Part $ II, line 19a.) FSC qualification rules (see instructions): a Enter the largest number of shareholders the FSC had at any time during the tax year b Did the FSC have any preferred stock outstanding at any time during the tax year? c During the tax year, did the FSC maintain an office in a qualifying foreign country or U.S. possession in which a complete set of books and records was maintained? d During the tax year did the FSC maintain the records required under section 6001 at a location within the U.S.? e At all times during the tax year, did the FSC have at least one non-U.S. resident on its board of directors? 10 9 f Small FSCs only: Check the applicable box if during the tax year the small FSC was a member of a controlled group of corporations that included a DISC or a FSC.

g Check the applicable box if during the tax year the FSC was a member of a controlled group of corporations that included a DISC or a small FSC. Foreign management rules (does not apply to small FSCs): a Did all formally convened meetings of the board of directors and of the shareholders occur outside the U.S.? b (1) Were all cash dividends, legal and accounting fees, salaries of officers, and salaries or fees of members of the board of directors disbursed from bank accounts maintained outside the United States? (If "Yes," these accounts are considered to be the FSC's principal bank accounts.) (2) At all times during the tax year, did the FSC maintain its principal bank accounts in a qualifying foreign country or U.S. possession (see instructions)?

Name of bank(s) Account number(s) Foreign economic process rules (does not apply to small FSCs): a Check the applicable box if the FSC is electing to group transactions from its sales activities (Regulations section 1.924(d)-1(c)(5)): Customer grouping Product or product line grouping Contract grouping Product or product line subgroupings

8

b Check the applicable box(es) to indicate how the FSC met the foreign direct costs requirement (see instructions): The FSC (or any person under contract with the FSC) met the 50% test of section 924(d)(1). The FSC (or any person under contract with the FSC) met the alternative 85% test of section 924(d)(2). Check to indicate the subparagraphs of section 924(e) for which this alternative test was met: (e)(1) (e)(2) (e)(3) (e)(4) (e)(5)

c If box (e)(5) is checked, enter which of the five methods listed in Regulations section 1.924(e)-1(e)(1)(i) through (v) describes how the FSC bears the economic risk of nonpayment d Check the applicable box if the FSC is electing to group its foreign direct costs on one of the following (Regulations section 1.924(d)-1(e)): Customer grouping Contract grouping Product or product line grouping
Form

1120-FSC

(Rev. 12-2008)

Form 1120-FSC (Rev. 12-2008)

Page

3

Schedule B Taxable Income or (Loss) (see instructions) Part I--Net Income Attributable to Nonexempt Foreign Trade Income
(a) Using administrative pricing rules (b) Not using administrative pricing rules

1 2 3

Sale, exchange, or other disposition of export property. (Enter 50% of military property sales. Include the other 50% on Schedule F, line 1.) Lease or rental of export property for use outside the United States

1 2

Services related and subsidiary to: a Sale, exchange, or other disposition of export property. (Enter 50% of services related to the sale or other disposition of military property. Include the other 50% on Schedule F, line 1.) b Lease or rental of export property 4 Engineering or architectural services for construction projects outside the U.S. 5 Managerial services for an unrelated FSC or IC-DISC (see instructions) 6a Total foreign trading gross receipts. Add lines 1 through 5 Small FSCs: Complete lines 6b through 6h. 6b $5,000,000 b Small FSC limitation (section 924(b)(2)(B)) 6c c Controlled group member's share of line 6b d Enter 1. (Short tax year: Divide the number of days in the short tax year by the number of days in the full tax year. Enter as a decimal less than 1.00000.) e Multiply line 6b or line 6c (whichever applies) by line 6d f Total of line 6a, columns (a) and (b) Note: See the instructions for line 6f if commission income is included on line 6a.

3a 3b 4 5 6a

00

6d 6e 6f

g Enter the smaller of line 6e or line 6f. Note: If line 6f exceeds line 6e, enter the excess on line 7 of Schedule F 6g h Allocate the amount from line 6g to columns (a) and (b) (see instructions) Cost of goods sold (Schedule A, line 8). (Small FSCs, enter only the part of cost of goods sold from the receipts on line 6h above. See instructions for Schedule A.) 8 Foreign trade income. Subtract line 7 from line 6a or line 6h (whichever applies) 9a Exemption percentage from Schedule E, line 3d b Exemption percentage from Schedule E, line 2d 10 Exempt foreign trade income. Multiply line 8, column (a) by line 9a and line 8, column (b) by line 9b 11 Nonexempt foreign trade income. Subtract line 10 from line 8 12 Deductions attributable to nonexempt foreign trade income. Enter amount from Schedule G, line 18 13 Net income attributable to nonexempt foreign trade income. Subtract line 12 from line 11 14 Net income attributable to nonexempt foreign trade income from Schedule F, line 6 15 Total net income attributable to nonexempt foreign trade income. Add lines 13 and 14 16 7

6h

7 8 9a 9b 10 11 12 13 14 15

% %

Part II--Taxable Income or (Loss)
Taxable income from foreign trade income. Enter total of line 15, columns (a) and (b), minus any nontaxable income included in line 15, column (b). Attach a schedule that shows the computation of the taxable and nontaxable income included on line 15, column (b) 17 Taxable nonforeign trade income from Schedule F, line 19 18 Taxable income or (loss) before net operating loss deduction and dividends-received deduction. Add lines 16 and 17 19a 19a Net operating loss deduction (attach schedule) 19b b Dividends-received deduction (attach schedule) c Add lines 19a and 19b 20 Taxable income or (loss). Subtract line 19c from line 18. (See instructions for Schedule J to figure the tax on this income.)

16 17 18

19c 20
Form

1120-FSC

(Rev. 12-2008)

Form 1120-FSC (Rev. 12-2008)

Page

4

Exemption Percentages Used in Figuring Exempt Foreign Trade Income (see instructions) Note: If all shareholders of the FSC are C corporations, enter .30000 on line 2d and .65217 on line 3d and skip all other lines. If all shareholders of the FSC are other than C corporations, enter .32000 on line 2d and .69565 on line 3d and skip all other lines.
Percentage (round to at least five decimal places) of voting stock owned by shareholders that are C corporations 2 Exemption percentage for foreign trade income determined by not using the administrative pricing rules: a Difference between section 923(a)(2) and section 291(a)(4)(A) percentage 1 b Section 923(a)(2) percentage c Multiply line 1 by line 2a d Exemption percentage. Subtract line 2c from line 2b. Enter here and on Schedule B, line 9b, and on Schedule G, line 16b 3 Exemption percentage for foreign trade income determined using administrative pricing rules: a Difference between section 923(a)(3) fraction and section 291(a)(4)(B) fraction (16/23 ­ 15/23 = 1/23) shown as a decimal b Section 923(a)(3) fraction (16/23) shown as a decimal c Multiply line 1 by line 3a d Exemption percentage. Subtract line 3c from line 3b. Enter here and on Schedule B, line 9a, and on Schedule G, line 16a 1 2a 2b 2c 2d

Schedule E

.02000 .32000

3a 3b 3c 3d

.04348 .69565

Schedule F

Net Income From Nonexempt Foreign Trade Income and Taxable Nonforeign Trade Income (see instructions) Part I--Net Income From Nonexempt Foreign Trade Income
(a) Using administrative pricing rules (b) Not using administrative pricing rules

1 2 3 4 5 6

Enter 50% of total receipts from the sale, exchange, or other disposition of military property and related services International boycott income Illegal bribes and other payments Total. Add lines 1, 2, and 3 Cost of goods sold and other costs related to above income (attach schedule) Net income from nonexempt foreign trade income. Subtract line 5 from line 4. Enter here and on Schedule B, line 14, columns (a) and (b)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19
Form

Part II--Taxable Nonforeign Trade Income
7 8 9 10 11 12 13 14 15 16 17 18 19 Small FSCs: If line 6f, Schedule B, is greater than line 6e, Schedule B, enter the excess here Interest Dividends (attach schedule--see instructions) Carrying charges Royalties Other investment income Receipts excluded under section 924(f) on the basis of use, subsidized receipts, and receipts from related parties Income from excluded property under sections 927(a)(2) and (3) Income from transactions that did not meet the Foreign economic process rules (see instructions). (See Foreign Trading Gross Receipts in the instructions.) Other income Total. Add lines 7 through 16 Enter deductions allocated or apportioned to line 17 income. (Attach schedule. Small FSCs also include the cost of goods sold deduction attributable to the amount entered on line 7 above) Taxable nonforeign trade income. Subtract line 18 from line 17. Enter here and on Schedule B, line 17

1120-FSC

(Rev. 12-2008)

Form 1120-FSC (Rev. 12-2008)

Schedule G

Page 5 Deductions Allocated or Apportioned to Foreign Trade Income Other Than Foreign Trade Income Reported on Schedule F (See instructions for limitations on deductions before completing lines 1 through 14.) (a) Using administrative pricing rules (b) Not using administrative pricing rules

Foreign direct costs described in section 924(e): Advertising and sales promotion Certain processing and arranging costs Certain transportation costs Certain determination and transmittal costs Assumption of credit risk Total foreign direct costs. Add lines 1a through 1e 2 Advertising 3 Interest 4 Depreciation from Form 4562 (less any depreciation claimed elsewhere on this return) (attach Form 4562) 5 Salaries and wages 6 Rents 7 Sales commissions 8 Warehousing 9 Freight 10 Compensation of officers 11 Bad debts 12 Pension, profit-sharing, etc., plans 13 Employee benefit programs 14 Other deductions (attach list) 15 Total deductions. Add lines 1f through 14 16a Exemption percentage from Schedule E, line 3d b Exemption percentage from Schedule E, line 2d a b c d e f 17 Deductions attributable to exempt foreign trade income. Multiply line 15, column (a) by line 16a and enter the result in column (a). Multiply line 15, column (b) by line 16b and enter the result in column (b) Deductions allocated or apportioned to nonexempt foreign trade income other than foreign trade income reported on Schedule F. Subtract line 17 from line 15. Enter here and on Schedule B, line 12, columns (a) and (b)

1

1a 1b 1c 1d 1e 1f 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16a 16b

% %

17

18

18

Schedule J
1 2

Tax Computation (see instructions)

Check if the FSC is a member of a controlled group (see section 927(d)(4)) (attach Schedule O (Form 1120)) Income tax. Check this box if the FSC is a qualified personal service corporation as defined in section 448(d)(2) (see instructions). Alternative minimum tax (attach Form 4626) Add lines 2 and 3 Foreign tax credit (attach Form 1118) Total tax. Subtract line 5 from line 4. Enter here and on line 1, page 1
Form

2 3 4 5 6

3 4 5 6

1120-FSC

(Rev. 12-2008)

Form 1120-FSC (Rev. 12-2008)

Page Beginning of tax year (a) (b) (c) End of tax year (d)

6

Schedule L
1 Cash

Balance Sheets per Books
Assets

2a Trade notes and accounts receivable b Commissions receivable c Less allowance for bad debts 3 4 5 6 7 8 9 10a 11a 12 13a Inventories U.S. government obligations Tax-exempt securities (see instructions) Other current assets (attach schedule) Loans to shareholders Mortgage and real estate loans Other investments (attach schedule) Buildings and other depreciable assets

(

)

(

)

b Less accumulated depreciation Depletable assets b Less accumulated depletion Land (net of any amortization) Intangible assets (amortizable only)

( (

) )

( (

) )

b Less accumulated amortization 14 Other assets (attach schedule) 15 Total assets

(

)

(

)

Liabilities and Shareholders' Equity
16 17 18 19 20 21 22 23 24 25 26 27 28 29 1 2 3 4 Accounts payable Mtges., notes, bonds payable in less than 1 year Transfer prices payable Other current liabilities (attach schedule) Loans from shareholders Mtges., notes, bonds payable in 1 year or more Other liabilities (attach schedule) Capital stock Additional paid-in capital Retained earnings--Appropriated (attach schedule) Retained earnings--Unappropriated Adjustments to shareholders' equity (attach schedule) Less cost of treasury stock Total liabilities and shareholders' equity Net income (loss) per books Federal income tax per books
Excess of capital losses over capital gains

(

)

(

)

Schedule M-1 Reconciliation of Income (Loss) per Books With Income per Return (see instructions)
7 Income recorded on books this year not included on this return (itemize): $

a Tax-exempt interest

Income subject to tax not recorded on books this year (itemize): Expenses recorded on books this year not deducted on this return (itemize): a Depreciation $ b Deductions attributable to exempt foreign trade income $ c Travel and entertainment $

b Exempt foreign trade $ income 8 Deductions on this return not charged against book income this year (itemize): Depreciation $

5

9 10

6 1 2 3

Add lines 1 through 5 Balance at beginning of year Net income (loss) per books Other increases (itemize): 6 7 8 5

Add lines 7 and 8 Taxable income (line 18, Schedule B)-- line 6 less line 9 Distributions: a Cash b Stock c Property Other decreases (itemize): Add lines 5 and 6 Balance at end of year (line 4 less line 7)
Form

Schedule M-2

Analysis of Unappropriated Retained Earnings per Books (Line 26, Schedule L)

4

Add lines 1, 2, and 3

1120-FSC

(Rev. 12-2008)