Filing Your Taxes Online is Fast, Easy and Secure.
Start now and receive your tax refund in as little as 7 days.

1. Get Answers

Your online questions are customized to your unique tax situation.

2. Maximize your Refund

Find tax credits for everything from school tuition to buying a hybri

3. E-File for FREE

E-file free with direct deposit to get your refund in as few as 7 days.

Filing your taxes with paper mail can be difficult and it could take weeks for your refund to arrive. IRS e-file is easy, fast and secure. There is no paperwork going to the IRS so tax refunds can be processed in as little as 7 days with direct deposit. As you prepare your taxes online, you can see your tax refund in real time.

FREE audit support and representation from an enrolled agent – NEW and only from H&R Block

Amendment Taxes

1040ez TaxesFile An Amended ReturnH&r Tax CutTax Return AmendmentAmendment On TaxesIrs Form 10402011 Irs Form 1040Amended Income Tax ReturnH&r Block Key Code Free State Filing1040 Tax Forms PrintableHelp Back TaxesCan You Still E File 2010 Tax ReturnsH R Bloc Amended Tax Return2009 Tax SoftwareFile Taxes From 2011File An Amended Tax ReturnIrs Amended Tax Form 1040xNeed To Amend 2011 Tax ReturnIrs 1040ez Form 2013Hnr Block Com1040nr Online Tax Calculator1040nr Form 2012Efile 2009 TaxesAmend Tax Return 2009Amend My Taxes Free OnlineFree 1040ez InstructionsState Income Tax Free Filing1040x Amended Tax FormTaxes Hrblock Com2006 Tax FilingMilitary Tax Deductions2011 State Tax FormsIrs Forms 2011Filing Taxes For 20111040a 2010 Tax Form1040ez 2012How Do I Ammend My Taxes2013 Form 1040ez Instructions1040ez Form 20131040ez Free Online

Amendment Taxes

Amendment taxes 9. Amendment taxes   Education Exception to Additional Tax on Early IRA Distributions Table of Contents Introduction Who Is Eligible Figuring the Amount Not Subject to the 10% Tax Reporting Early Distributions Introduction Generally, if you take a distribution from your IRA before you reach age 59½, you must pay a 10% additional tax on the early distribution. Amendment taxes This applies to any IRA you own, whether it is a traditional IRA (including a SEP-IRA), a Roth IRA, or a SIMPLE IRA. Amendment taxes The additional tax on an early distribution from a SIMPLE IRA may be as high as 25%. Amendment taxes See Publication 560, Retirement Plans for Small Business, for information on SEP-IRAs, and Publication 590, for information about all other IRAs. Amendment taxes However, you can take distributions from your IRAs for qualified higher education expenses without having to pay the 10% additional tax. Amendment taxes You may owe income tax on at least part of the amount distributed, but you may not have to pay the 10% additional tax. Amendment taxes Generally, if the taxable part of the distribution is less than or equal to the adjusted qualified education expenses (AQEE), none of the distribution is subject to the additional tax. Amendment taxes If the taxable part of the distribution is more than the AQEE, only the excess is subject to the additional tax. Amendment taxes Who Is Eligible You can take a distribution from your IRA before you reach age 59½ and not have to pay the 10% additional tax if, for the year of the distribution, you pay qualified education expenses for: yourself, your spouse, or your or your spouse's child, foster child, adopted child, or descendant of any of them. Amendment taxes Qualified education expenses. Amendment taxes   For purposes of the 10% additional tax, these expenses are tuition, fees, books, supplies, and equipment required for enrollment or attendance at an eligible educational institution. Amendment taxes They also include expenses for special needs services incurred by or for special needs students in connection with their enrollment or attendance. Amendment taxes   In addition, if the student is at least a half-time student, room and board are qualified education expenses. Amendment taxes   The expense for room and board qualifies only to the extent that it is not more than the greater of the following two amounts. Amendment taxes The allowance for room and board, as determined by the eligible educational institution, that was included in the cost of attendance (for federal financial aid purposes) for a particular academic period and living arrangement of the student. Amendment taxes The actual amount charged if the student is residing in housing owned or operated by the eligible educational institution. Amendment taxes You will need to contact the eligible educational institution for qualified room and board costs. Amendment taxes Eligible educational institution. Amendment taxes   An eligible educational institution is any college, university, vocational school, or other postsecondary educational institution eligible to participate in a student aid program administered by the U. Amendment taxes S. Amendment taxes Department of Education. Amendment taxes It includes virtually all accredited public, nonprofit, and proprietary (privately owned profit-making) postsecondary institutions. Amendment taxes The educational institution should be able to tell you if it is an eligible educational institution. Amendment taxes   Certain educational institutions located outside the United States also participate in the U. Amendment taxes S. Amendment taxes Department of Education's Federal Student Aid (FSA) programs. Amendment taxes Half-time student. Amendment taxes   A student is enrolled “at least half-time” if he or she is enrolled for at least half the full-time academic work load for the course of study the student is pursuing as determined under the standards of the school where the student is enrolled. Amendment taxes Figuring the Amount Not Subject to the 10% Tax To determine the amount of your distribution that is not subject to the 10% additional tax, first figure your adjusted qualified education expenses. Amendment taxes You do this by reducing your total qualified education expenses by any tax-free educational assistance, which includes: Expenses used to figure the tax-free portion of distributions from a Coverdell education savings account (ESA) (see Distributions in chapter 7, Coverdell Education Savings Account), The tax-free part of scholarships and fellowships (see Tax-Free Scholarships and Fellowships in chapter 1, Scholarships, Fellowships, Grants, and Tuition Reductions), Pell grants (see Pell Grants and Other Title IV Need-Based Education Grants in chapter 1, Scholarships, Fellowships, Grants, and Tuition Reductions), Veterans' educational assistance (see Veterans' Benefits in chapter 1, Scholarships, Fellowships, Grants, and Tuition Reductions), Employer-provided educational assistance (see chapter 11, Employer-Provided Educational Assistance ), and Any other nontaxable (tax-free) payments (other than gifts or inheritances) received as educational assistance. Amendment taxes Do not reduce the qualified education expenses by amounts paid with funds the student receives as: Payment for services, such as wages, A loan, A gift, An inheritance given to either the student or the individual making the withdrawal, or A withdrawal from personal savings (including savings from a qualified tuition program (QTP)). Amendment taxes If your IRA distribution is equal to or less than your adjusted qualified education expenses, you are not subject to the 10% additional tax. Amendment taxes Example 1. Amendment taxes In 2013, Erin (age 32) took a year off from teaching to attend graduate school full-time. Amendment taxes She paid $5,800 of qualified education expenses from the following sources. Amendment taxes   Employer-provided educational assistance  (tax free) $5,000     Early distribution from IRA (includes $500 taxable earnings) 3,200           Before Erin can determine if she must pay the 10% additional tax on her IRA distribution, she must reduce her total qualified education expenses. Amendment taxes   Total qualified education expenses $5,800     Minus: Tax-free educational assistance −5,000     Equals: Adjusted qualified  education expenses (AQEE) $ 800   Because Erin's AQEE ($800) are more than the taxable portion of her IRA distribution ($500), she does not have to pay the 10% additional tax on any part of this distribution. Amendment taxes However, she must include the $500 taxable earnings in her gross income subject to income tax. Amendment taxes Example 2. Amendment taxes Assume the same facts as in Example 1 , except that Erin deducted some of the contributions to her IRA, so the taxable part of her early distribution is higher by $1,000. Amendment taxes This must be included in her income subject to income tax. Amendment taxes The taxable part of Erin's IRA distribution ($1,000) is larger than her $800 AQEE. Amendment taxes Therefore, she must pay the 10% additional tax on $200, the taxable part of her distribution ($1,000) that is more than her qualified education expenses ($800). Amendment taxes She does not have to pay the 10% additional tax on the remaining $800 of her taxable distribution. Amendment taxes Reporting Early Distributions By January 31, 2014, the payer of your IRA distribution should send you Form 1099-R, Distributions From Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc. Amendment taxes The information on this form will help you determine how much of your distribution is taxable for income tax purposes and how much is subject to the 10% additional tax. Amendment taxes If you received an early distribution from your IRA, you must report the taxable earnings on Form 1040, line 15b (Form 1040NR, line 16b). Amendment taxes Then, if you qualify for an exception for qualified higher education expenses, you must file Form 5329 to show how much, if any, of your early distribution is subject to the 10% additional tax. Amendment taxes See the Instructions for Form 5329, Part I, for help in completing the form and entering the results on Form 1040 or 1040NR. Amendment taxes There are many other situations in which Form 5329 is required. Amendment taxes If, during 2013, you had other distributions from IRAs or qualified retirement plans, or have made excess contributions to certain tax-favored accounts, see the instructions for line 58 (Form 1040) or line 56 (Form 1040NR) to determine if you must file Form 5329. Amendment taxes Prev  Up  Next   Home   More Online Publications

Criminal Enforcement Topics

 

 

Print - Click this link to Print this page

How to Make an Offshore Voluntary Disclosure

The Offshore Voluntary Disclosure Program is offered to those taxpayers with undisclosed offshore accounts or assets. Please follow the process outlined below. You should refer to How to Make a Domestic Voluntary Disclosure if the undisclosed accounts are domestic in nature.

Pre-Clearance:

Taxpayers or representatives may fax to the IRS Criminal Investigation Lead Development Center at (267) 941-1115 the taxpayers' name, date of birth, social security number and address (if the taxpayer is represented by a tax professional, an executed power of attorney must be included).  

IRS Criminal Investigation will then notify taxpayers or their representatives via fax whether or not they have been cleared to make a voluntary disclosure using the Offshore Voluntary Disclosures Letter. Taxpayers or representatives with questions regarding the pre-clearance can call (267) 941-1607 or contact their nearest Criminal Investigation Office.

Note: Pre-clearance does not guarantee a taxpayer acceptance into the Offshore Voluntary Disclosure Program.    

Offshore Voluntary Disclosure Letter

If the taxpayer chooses to submit a pre-clearance request, after the taxpayer receives a pre-clearance notification, the taxpayer will have 30 days from receipt of the fax notification to complete the Offshore Voluntary Disclosure Letter and attachment (under documents). If the taxpayer chooses to bypass the pre-clearance process, the taxpayer must mail the Offshore Voluntary Disclosures Letter to the following address: 


Internal Revenue Service 
Criminal Investigation
ATTN:  Offshore Voluntary Disclosure Coordinator
Philadelphia Lead Development Center
1-D04-100
2970 Market Street
Philadelphia, PA 19104

The IRS will review the offshore Voluntary Disclosures Letters and notify the taxpayer or representative by mail whether the voluntary disclosure has been preliminarily accepted or declined. 

Complete Voluntary Disclosure Package

Once the voluntary disclosure has been preliminarily accepted, the taxpayer should send the full voluntary disclosure package to:

Internal Revenue Service
3651 S. I H 35 Stop 4301 AUSC
Austin, TX  78741
ATTN: 2011 Offshore Voluntary Disclosure Initiative

Opt Out Procedure

Taxpayers may request to opt out of the civil settlement structure of the 2009 Offshore Voluntary Disclosure Program or 2011 Offshore Voluntary Disclosure Initiative.  For specific information on the opt out process, see questions 51.1 through 51.3 under the 2011 OVDI Frequently Asked Questions and Answers.

Tax administration questions such as Where's My Refund or Where Do I File can be addressed by other IRS offices

 


Frequently Asked Questions (FAQs)

IRS Criminal Investigation Home Page

Page Last Reviewed or Updated: 24-Mar-2014

The Amendment Taxes

Amendment taxes Publication 514 - Main Content Table of Contents Choosing To Take Credit or DeductionChoice Applies to All Qualified Foreign Taxes Making or Changing Your Choice Why Choose the Credit?Credit for Taxes Paid or Accrued Foreign Currency and Exchange Rates Foreign Tax Redetermination Who Can Take the Credit?U. Amendment taxes S. Amendment taxes Citizens Resident Aliens Nonresident Aliens What Foreign Taxes Qualify for the Credit?Tax Must Be Imposed on You You Must Have Paid or Accrued the Tax Tax Must Be the Legal and Actual Foreign Tax Liability Tax Must Be an Income Tax (or Tax in Lieu of Income Tax) Foreign Taxes for Which You Cannot Take a CreditTaxes on Excluded Income Taxes for Which You Can Only Take an Itemized Deduction Taxes on Foreign Mineral Income Taxes From International Boycott Operations Taxes on Combined Foreign Oil and Gas Income Taxes of U. Amendment taxes S. Amendment taxes Persons Controlling Foreign Corporations and Partnerships Taxes Related to a Foreign Tax Credit Splitting Event How To Figure the CreditLimit on the Credit Separate Limit Income Allocation of Foreign Taxes Foreign Taxes From a Partnership or an S Corporation Figuring the Limit Qualified Dividends Capital Gains and Losses Allocation of Foreign and U. Amendment taxes S. Amendment taxes Losses Tax Treaties Carryback and CarryoverTime Limit on Tax Assessment Claim for Refund Taxes All Credited or All Deducted Married Couples How To Claim the CreditForm 1116 Records To Keep Simple Example — Filled-In Form 1116Part I—Taxable Income or Loss From Sources Outside the United States (for Category Checked Above) Part II—Foreign Taxes Paid or Accrued Part III—Figuring the Credit Part IV—Summary of Credits From Separate Parts III Comprehensive Example — Filled-In Form 1116Foreign earned income. Amendment taxes Employee business expenses. Amendment taxes Forms 1116 Computation of Taxable Income Part I—Taxable Income or Loss From Sources Outside the United States (for Category Checked Above) Part II—Foreign Taxes Paid or Accrued Part III—Figuring the Credit Part IV—Summary of Credits From Separate Parts III Unused Foreign Taxes How To Get Tax HelpLow Income Taxpayer Clinics Choosing To Take Credit or Deduction You can choose whether to take the amount of any qualified foreign taxes paid or accrued during the year as a foreign tax credit or as an itemized deduction. Amendment taxes You can change your choice for each year's taxes. Amendment taxes To choose the foreign tax credit, in most cases you must complete Form 1116 and attach it to your U. Amendment taxes S. Amendment taxes tax return. Amendment taxes However, you may qualify for the exception that allows you to claim the foreign tax credit without using Form 1116. Amendment taxes See How To Figure the Credit , later. Amendment taxes To choose to claim the taxes as an itemized deduction, use Schedule A (Form 1040), Itemized Deductions. Amendment taxes Figure your tax both ways—claiming the credit and claiming the deduction. Amendment taxes Then fill out your return the way that benefits you more. Amendment taxes See Why Choose the Credit, later. Amendment taxes Choice Applies to All Qualified Foreign Taxes As a general rule, you must choose to take either a credit or a deduction for all qualified foreign taxes. Amendment taxes If you choose to take a credit for qualified foreign taxes, you must take the credit for all of them. Amendment taxes You cannot deduct any of them. Amendment taxes Conversely, if you choose to deduct qualified foreign taxes, you must deduct all of them. Amendment taxes You cannot take a credit for any of them. Amendment taxes See What Foreign Taxes Qualify for the Credit , later, for the meaning of qualified foreign taxes. Amendment taxes There are exceptions to this general rule, which are described next. Amendment taxes Exceptions for foreign taxes not allowed as a credit. Amendment taxes   Even if you claim a credit for other foreign taxes, you can deduct any foreign tax that is not allowed as a credit if: You paid the tax to a country for which a credit is not allowed because it provides support for acts of international terrorism, or because the United States does not have or does not conduct diplomatic relations with it or recognize its government and that government is not otherwise eligible to purchase defense articles or services under the Arms Export Control Act, You paid withholding tax on dividends from foreign corporations whose stock you did not hold for the required period of time, You paid withholding tax on income or gain (other than dividends) from property you did not hold for the required period of time, You paid withholding tax on income or gain to the extent you had to make related payments on positions in substantially similar or related property, You participated in or cooperated with an international boycott, You paid taxes in connection with the purchase or sale of oil or gas, or You paid or accrued taxes on income or gain in connection with a covered asset acquisition. Amendment taxes Covered asset acquisitions include certain acquisitions that result in a stepped-up basis for U. Amendment taxes S. Amendment taxes tax purposes. Amendment taxes For more information, see Internal Revenue Code section 901(m). Amendment taxes The IRS intends to issue guidance that will explain this provision in greater detail. Amendment taxes   For more information on these items, see Taxes for Which You Can Only Take an Itemized Deduction , later, under Foreign Taxes for Which You Cannot Take a Credit. Amendment taxes Foreign taxes that are not income taxes. Amendment taxes   In most cases, only foreign income taxes qualify for the foreign tax credit. Amendment taxes Other taxes, such as foreign real and personal property taxes, do not qualify. Amendment taxes But you may be able to deduct these other taxes even if you claim the foreign tax credit for foreign income taxes. Amendment taxes   In most cases, you can deduct these other taxes only if they are expenses incurred in a trade or business or in the production of income. Amendment taxes However, you can deduct foreign real property taxes that are not trade or business expenses as an itemized deduction on Schedule A (Form 1040). Amendment taxes Carrybacks and carryovers. Amendment taxes   There is a limit on the credit you can claim in a tax year. Amendment taxes If your qualified foreign taxes exceed the credit limit, you may be able to carry over or carry back the excess to another tax year. Amendment taxes If you deduct qualified foreign taxes in a tax year, you cannot use a carryback or carryover in that year. Amendment taxes That is because you cannot take both a deduction and a credit for qualified foreign taxes in the same tax year. Amendment taxes   For more information on the limit, see How To Figure the Credit , later. Amendment taxes For more information on carrybacks and carryovers, see Carryback and Carryover , later. Amendment taxes Making or Changing Your Choice You can make or change your choice to claim a deduction or credit at any time during the period within 10 years from the regular due date for filing the return (without regard to any extension of time to file) for the tax year in which the taxes were actually paid or accrued. Amendment taxes You make or change your choice on your tax return (or on an amended return) for the year your choice is to be effective. Amendment taxes Example. Amendment taxes You paid foreign taxes for the last 13 years and chose to deduct them on your U. Amendment taxes S. Amendment taxes income tax returns. Amendment taxes You were timely in both filing your returns and paying your U. Amendment taxes S. Amendment taxes tax liability. Amendment taxes In February 2013, you file an amended return for tax year 2002 choosing to take a credit for your 2002 foreign taxes because you now realize that the credit is more advantageous than the deduction for that year. Amendment taxes Because the regular due date of your 2002 return was April 15, 2003, this choice is timely (within 10 years). Amendment taxes Because there is a limit on the credit for your 2002 foreign tax, you have unused 2002 foreign taxes. Amendment taxes Ordinarily, you first carry back unused foreign taxes arising in 2002 to, and claim them as a credit in, the 2 preceding tax years. Amendment taxes If you are unable to claim all of them in those 2 years, you carry them forward to the 10 years following the year in which they arose. Amendment taxes Because you originally chose to deduct your foreign taxes and the 10-year period for changing the choice for 2000 and 2001 has passed, you cannot change your choice and carry the unused 2002 foreign taxes back to tax years 2000 and 2001. Amendment taxes Because the 10-year periods for changing the choice have not passed for your 2003 through 2012 income tax returns, you can still choose to claim the credit for those years and carry forward any unused 2002 foreign taxes. Amendment taxes However, you must reduce the unused 2002 foreign taxes that you carry forward by the amount that would have been allowed as a carryback if you had timely carried back the foreign tax to tax years 2000 and 2001. Amendment taxes You cannot take a credit or a deduction for foreign taxes paid on income you exclude under the foreign earned income exclusion or the foreign housing exclusion. Amendment taxes See Foreign Earned Income and Housing Exclusions under Foreign Taxes for Which You Cannot Take a Credit, later. Amendment taxes Why Choose the Credit? The foreign tax credit is intended to relieve you of a double tax burden when your foreign source income is taxed by both the United States and the foreign country. Amendment taxes In most cases, if the foreign tax rate is higher than the U. Amendment taxes S. Amendment taxes rate, there will be no U. Amendment taxes S. Amendment taxes tax on the foreign income. Amendment taxes If the foreign tax rate is lower than the U. Amendment taxes S. Amendment taxes rate, U. Amendment taxes S. Amendment taxes tax on the foreign income will be limited to the difference between the rates. Amendment taxes The foreign tax credit can only reduce U. Amendment taxes S. Amendment taxes taxes on foreign source income; it cannot reduce U. Amendment taxes S. Amendment taxes taxes on U. Amendment taxes S. Amendment taxes source income. Amendment taxes Although no one rule covers all situations, in most cases it is better to take a credit for qualified foreign taxes than to deduct them as an itemized deduction. Amendment taxes This is because: A credit reduces your actual U. Amendment taxes S. Amendment taxes income tax on a dollar-for-dollar basis, while a deduction reduces only your income subject to tax, You can choose to take the foreign tax credit even if you do not itemize your deductions. Amendment taxes You then are allowed the standard deduction in addition to the credit, and If you choose to take the foreign tax credit, and the taxes paid or accrued exceed the credit limit for the tax year, you may be able to carry over or carry back the excess to another tax year. Amendment taxes (See Limit on credit under How To Figure the Credit, later. Amendment taxes ) Example 1. Amendment taxes For 2013, you and your spouse have adjusted gross income of $80,300, including $20,000 of dividend income from foreign sources. Amendment taxes None of the dividends are qualified dividends. Amendment taxes You file a joint return and can claim two $3,900 exemptions. Amendment taxes You had to pay $2,000 in foreign income taxes on the dividend income. Amendment taxes If you take the foreign taxes as an itemized deduction, your total itemized deductions are $15,000. Amendment taxes Your taxable income then is $57,500 and your tax is $7,736. Amendment taxes If you take the credit instead, your itemized deductions are only $13,000. Amendment taxes Your taxable income then is $59,500 and your tax before the credit is $8,036. Amendment taxes After the credit, however, your tax is only $6,036. Amendment taxes Therefore, your tax is $1,700 lower ($7,736 − $6,036) by taking the credit. Amendment taxes Example 2. Amendment taxes In 2013, you receive investment income of $5,000 from a foreign country, which imposes a tax of $1,500 on that income. Amendment taxes You report on your U. Amendment taxes S. Amendment taxes return this income as well as $56,000 of U. Amendment taxes S. Amendment taxes source wages and an allowable $49,000 partnership loss from a U. Amendment taxes S. Amendment taxes partnership. Amendment taxes Your share of the partnership's gross income is $25,000 and your share of its expenses is $74,000. Amendment taxes You are single, entitled to one $3,900 exemption, and have other itemized deductions of $6,850. Amendment taxes If you deduct the foreign tax on your U. Amendment taxes S. Amendment taxes return, your taxable income is a negative $250 ($5,000 + $56,000 − $49,000 − $1,500 − $6,850 − $3,900) and your tax is $0. Amendment taxes If you take the credit instead, your taxable income is $1,250 ($5,000 + $56,000 − $49,000 − $3,900 − $6,850) and your tax before the credit is $126. Amendment taxes You can take a credit of only $113 because of limits discussed later. Amendment taxes Your tax after the credit is $13 ($126 − $113), which is $13 more than if you deduct the foreign tax. Amendment taxes If you choose the credit, you will have unused foreign taxes of $1,387 ($1,500 − $113). Amendment taxes When deciding whether to take the credit or the deduction this year, you will need to consider whether you can benefit from a carryback or carryover of that unused foreign tax. Amendment taxes Credit for Taxes Paid or Accrued You can claim the credit for a qualified foreign tax in the tax year in which you pay it or accrue it, depending on your method of accounting. Amendment taxes “Tax year” refers to the tax year for which your U. Amendment taxes S. Amendment taxes return is filed, not the tax year for which your foreign return is filed. Amendment taxes Accrual method of accounting. Amendment taxes   If you use an accrual method of accounting, you can claim the credit only in the year in which you accrue the tax. Amendment taxes You are using an accrual method of accounting if you report income when you earn it, rather than when you receive it, and you deduct your expenses when you incur them, rather than when you pay them. Amendment taxes   In most cases, foreign taxes accrue when all the events have taken place that fix the amount of the tax and your liability to pay it. Amendment taxes Generally, this occurs on the last day of the tax year for which your foreign return is filed. Amendment taxes Contesting your foreign tax liability. Amendment taxes   If you are contesting your foreign tax liability, you cannot accrue it and take a credit until the amount of foreign tax due is finally determined. Amendment taxes However, if you choose to pay the tax liability you are contesting, you can take a credit for the amount you pay before a final determination of foreign tax liability is made. Amendment taxes Once your liability is determined, the foreign tax credit is allowable for the year to which the foreign tax relates. Amendment taxes If the amount of foreign taxes taken as a credit differs from the final foreign tax liability, you may have to adjust the credit, as discussed later under Foreign Tax Redetermination . Amendment taxes You may have to post a bond. Amendment taxes   If you claim a credit for taxes accrued but not paid, you may have to post an income tax bond to guarantee your payment of any tax due in the event the amount of foreign tax paid differs from the amount claimed. Amendment taxes   The IRS can request this bond at any time without regard to the Time Limit on Tax Assessment discussed later under Carryback and Carryover. Amendment taxes Cash method of accounting. Amendment taxes   If you use the cash method of accounting, you can choose to take the credit either in the year you pay the tax or in the year you accrue it. Amendment taxes You are using the cash method of accounting if you report income in the year you actually or constructively receive it, and deduct expenses in the year you pay them. Amendment taxes Choosing to take credit in the year taxes accrue. Amendment taxes   Even if you use the cash method of accounting, you can choose to take a credit for foreign taxes in the year they accrue. Amendment taxes You make the choice by checking the box in Part II of Form 1116. Amendment taxes Once you make that choice, you must follow it in all later years and take a credit for foreign taxes in the year they accrue. Amendment taxes   In addition, the choice to take the credit when foreign taxes accrue applies to all foreign taxes qualifying for the credit. Amendment taxes You cannot take a credit for some foreign taxes when paid and take a credit for others when accrued. Amendment taxes   If you make the choice to take the credit when foreign taxes accrue and pay them in a later year, you cannot claim a deduction for any part of the previously accrued taxes. Amendment taxes Credit based on taxes paid in earlier year. Amendment taxes   If, in earlier years, you took the credit based on taxes paid, and this year you choose to take the credit based on taxes accrued, you may be able to take the credit this year for taxes from more than one year. Amendment taxes Example. Amendment taxes Last year you took the credit based on taxes paid. Amendment taxes This year you chose to take the credit based on taxes accrued. Amendment taxes During the year you paid foreign income taxes owed for last year. Amendment taxes You also accrued foreign income taxes for this year that you did not pay by the end of the year. Amendment taxes You can base the credit on your return for this year on both last year's taxes that you paid and this year's taxes that you accrued. Amendment taxes Foreign Currency and Exchange Rates U. Amendment taxes S. Amendment taxes income tax is imposed on income expressed in U. Amendment taxes S. Amendment taxes dollars, while in most cases the foreign tax is imposed on income expressed in foreign currency. Amendment taxes Therefore, fluctuations in the value of the foreign currency relative to the U. Amendment taxes S. Amendment taxes dollar may affect the foreign tax credit. Amendment taxes Translating foreign currency into U. Amendment taxes S. Amendment taxes dollars. Amendment taxes   If you receive all or part of your income or pay some or all of your expenses in foreign currency, you must translate the foreign currency into U. Amendment taxes S. Amendment taxes dollars. Amendment taxes How and when you do this depends on your functional currency. Amendment taxes In most cases, your functional currency is the U. Amendment taxes S. Amendment taxes dollar unless you are required to use the currency of a foreign country. Amendment taxes   You must make all federal income tax determinations in your functional currency. Amendment taxes The U. Amendment taxes S. Amendment taxes dollar is the functional currency for all taxpayers except some qualified business units. Amendment taxes A qualified business unit is a separate and clearly identified unit of a trade or business that maintains separate books and records. Amendment taxes Unless you are self-employed, your functional currency is the U. Amendment taxes S. Amendment taxes dollar. Amendment taxes   Even if you are self-employed and have a qualified business unit, your functional currency is the U. Amendment taxes S. Amendment taxes dollar if any of the following apply. Amendment taxes You conduct the business primarily in dollars. Amendment taxes The principal place of business is located in the United States. Amendment taxes You choose to or are required to use the dollar as your functional currency. Amendment taxes The business books and records are not kept in the currency of the economic environment in which a significant part of the business activities is conducted. Amendment taxes   If your functional currency is the U. Amendment taxes S. Amendment taxes dollar, you must immediately translate into dollars all items of income, expense, etc. Amendment taxes , that you receive, pay, or accrue in a foreign currency and that will affect computation of your income tax. Amendment taxes If there is more than one exchange rate, use the one that most properly reflects your income. Amendment taxes In most cases, you can get exchange rates from banks and U. Amendment taxes S. Amendment taxes Embassies. Amendment taxes   If your functional currency is not the U. Amendment taxes S. Amendment taxes dollar, make all income tax determinations in your functional currency. Amendment taxes At the end of the year, translate the results, such as income or loss, into U. Amendment taxes S. Amendment taxes dollars to report on your income tax return. Amendment taxes    For more information, write to: Internal Revenue Service International Section Philadelphia, PA 19255-0725 Rate of exchange for foreign taxes paid. Amendment taxes   Use the rate of exchange in effect on the date you paid the foreign taxes to the foreign country unless you meet the exception discussed next. Amendment taxes If your tax was withheld in foreign currency, use the rate of exchange in effect for the date on which the tax was withheld. Amendment taxes If you make foreign estimated tax payments, you use the rate of exchange in effect for the date on which you made the estimated tax payment. Amendment taxes   The exchange rate rules discussed here apply even if the foreign taxes are paid or accrued with respect to a foreign tax credit splitting event (discussed later). Amendment taxes Exception. Amendment taxes   If you claim the credit for foreign taxes on an accrual basis, in most cases you must use the average exchange rate for the tax year to which the taxes relate. Amendment taxes This rule applies to accrued taxes relating to tax years beginning after 1997 and only under the following conditions. Amendment taxes The foreign taxes are paid on or after the first day of the tax year to which they relate. Amendment taxes The foreign taxes are paid not later than 2 years after the close of the tax year to which they relate. Amendment taxes The foreign tax liability is not denominated in an inflationary currency (defined in the Form 1116 instructions). Amendment taxes (This condition applies to taxes paid or accrued in tax years beginning after November 6, 2007. Amendment taxes )   For all other foreign taxes, you should use the exchange rate in effect on the date you paid them. Amendment taxes Election to use exchange rate on date paid. Amendment taxes   If you have accrued foreign taxes that you are otherwise required to convert using the average exchange rate, you may elect to use the exchange rate in effect on the date the foreign taxes are paid if the taxes are denominated in a nonfunctional foreign currency. Amendment taxes If any of the accrued taxes are unpaid, you must translate them into U. Amendment taxes S. Amendment taxes dollars using the exchange rate on the last day of the U. Amendment taxes S. Amendment taxes tax year to which those taxes relate. Amendment taxes You may make the election for all nonfunctional currency foreign income taxes or only those nonfunctional currency foreign income taxes that are attributable to qualified business units with a U. Amendment taxes S. Amendment taxes dollar functional currency. Amendment taxes Once made, the election applies to the tax year for which made and all subsequent tax years unless revoked with the consent of the IRS. Amendment taxes The election is available for tax years beginning after 2004. Amendment taxes It must be made by the due date (including extensions) for filing the tax return for the first tax year to which the election applies. Amendment taxes Make the election by attaching a statement to the applicable tax return. Amendment taxes The statement must identify whether the election is made for all foreign taxes or only for foreign taxes attributable to qualified business units with a U. Amendment taxes S. Amendment taxes dollar functional currency. Amendment taxes Foreign Tax Redetermination A foreign tax redetermination is any change in your foreign tax liability that may affect your U. Amendment taxes S. Amendment taxes foreign tax credit claimed. Amendment taxes The year in which to claim the credit remains the year to which the foreign taxes paid or accrued relate, even if the change in foreign tax liability occurs in a later year. Amendment taxes If a foreign tax redetermination occurs, a redetermination of your U. Amendment taxes S. Amendment taxes tax liability is required if any of the following conditions apply. Amendment taxes The accrued taxes when paid differ from the amounts claimed as a credit. Amendment taxes The accrued taxes you claimed as a credit in one tax year are not paid within 2 years after the end of that tax year. Amendment taxes If this applies to you, you must reduce the credit previously claimed by the amount of the unpaid taxes. Amendment taxes You will not be allowed a credit for the unpaid taxes until you pay them. Amendment taxes When you pay the accrued taxes, a new foreign tax redetermination occurs and you must translate the taxes into U. Amendment taxes S. Amendment taxes dollars using the exchange rate as of the date they were paid. Amendment taxes The foreign tax credit is allowed for the year to which the foreign tax relates. Amendment taxes See Rate of exchange for foreign taxes paid , earlier, under Foreign Currency and Exchange Rates. Amendment taxes The foreign taxes you paid are refunded in whole or in part. Amendment taxes For taxes taken into account when accrued but translated into dollars on the date of payment, the dollar value of the accrued tax differs from the dollar value of the tax paid because of fluctuations in the exchange rate between the date of accrual and the date of payment. Amendment taxes However, no redetermination is required if the change in foreign tax liability for each foreign country is solely attributable to exchange rate fluctuations and is less than the smaller of: $10,000, or 2% of the total dollar amount of the foreign tax initially accrued for that foreign country for the U. Amendment taxes S. Amendment taxes tax year. Amendment taxes In this case, you must adjust your U. Amendment taxes S. Amendment taxes tax in the tax year in which the accrued foreign taxes are paid. Amendment taxes Notice to the Internal Revenue Service (IRS) of Redetermination You are required to notify the IRS about a foreign tax credit redetermination that affects your U. Amendment taxes S. Amendment taxes tax liability for each tax year affected by the redetermination. Amendment taxes In most cases, you must file Form 1040X, Amended U. Amendment taxes S. Amendment taxes Individual Income Tax Return, with a revised Form 1116 and a statement that contains information sufficient for the IRS to redetermine your U. Amendment taxes S. Amendment taxes tax liability for the year or years affected. Amendment taxes See Contents of statement , later. Amendment taxes You are not required to attach Form 1116 for a tax year affected by a redetermination if: The amount of your creditable taxes paid or accrued during the tax year is not more than $300 ($600 if married filing a joint return) as a result of the foreign tax redetermination, and You meet the requirements listed under Exemption from foreign tax credit limit under How To Figure the Credit, later. Amendment taxes There are other exceptions to this requirement. Amendment taxes They are discussed later under Due date of notification to IRS . Amendment taxes Contents of statement. Amendment taxes   The statement must include all of the following. Amendment taxes Your name, address, and taxpayer identification number. Amendment taxes The tax year or years that are affected by the foreign tax redetermination. Amendment taxes The date or dates the foreign taxes were accrued, if applicable. Amendment taxes The date or dates the foreign taxes were paid. Amendment taxes The amount of foreign taxes paid or accrued on each date (in foreign currency) and the exchange rate used to translate each amount. Amendment taxes Information sufficient to determine any interest due from or owing to you, including the amount of any interest paid to you by the foreign government and the dates received. Amendment taxes   In the case of any foreign taxes that were not paid before the date two years after the close of the tax year to which those taxes relate, you must provide the amount of those taxes in foreign currency and the exchange rate that was used to translate that amount when originally claimed as a credit. Amendment taxes   If any foreign tax was refunded in whole or in part, you must provide the date and amount (in foreign currency) of each refund, the exchange rate that was used to translate each amount when originally claimed as a credit, and the exchange rate for the date the refund was received (for purposes of computing foreign currency gain or loss under Internal Revenue Code section 988). Amendment taxes Due date of notification to IRS. Amendment taxes   If you pay less foreign tax than you originally claimed a credit for, in most cases you must file a notification by the due date (with extensions) of your original return for your tax year in which the foreign tax redetermination occurred. Amendment taxes There is no limit on the time the IRS has to redetermine and assess the correct U. Amendment taxes S. Amendment taxes tax due. Amendment taxes If you pay more foreign tax than you originally claimed a credit for, you have 10 years to file a claim for refund of U. Amendment taxes S. Amendment taxes taxes. Amendment taxes See Time Limit on Refund Claims , later. Amendment taxes   Exceptions to this due date are explained in the next two paragraphs. Amendment taxes Multiple redeterminations of U. Amendment taxes S. Amendment taxes tax liability for same tax year. Amendment taxes   Where more than one foreign tax redetermination requires a redetermination of U. Amendment taxes S. Amendment taxes tax liability for the same tax year and those redeterminations occur in the same tax year or within two consecutive tax years, you can file for that tax year one notification (Form 1040X with a Form 1116 and the required statement) that reflects all those tax redeterminations. Amendment taxes If you choose to file one notification, the due date for that notification is the due date of the original return (with extensions) for the year in which the first foreign tax redetermination that reduced your foreign tax liability occurred. Amendment taxes However, foreign tax redeterminations with respect to the tax year for which a redetermination of U. Amendment taxes S. Amendment taxes tax liability is required may occur after the due date for providing that notification. Amendment taxes In this situation, you may have to file more than one Form 1040X for that tax year. Amendment taxes Additional U. Amendment taxes S. Amendment taxes tax due eliminated by foreign tax credit carryback or carryover. Amendment taxes   If a foreign tax redetermination requires a redetermination of U. Amendment taxes S. Amendment taxes tax liability that would otherwise result in an additional amount of U. Amendment taxes S. Amendment taxes tax due, but the additional tax is eliminated by a carryback or carryover of an unused foreign tax, you do not have to amend your tax return for the year affected by the redetermination. Amendment taxes Instead, you can notify the IRS by attaching a statement to the original return for the tax year in which the foreign tax redetermination occurred. Amendment taxes You must file the statement by the due date (with extensions) of that return. Amendment taxes The statement must show the amount of the unused foreign taxes paid or accrued and a detailed schedule showing the computation of the carryback or carryover (including the amounts carried back or over to the year for which a redetermination on U. Amendment taxes S. Amendment taxes tax liability is required). Amendment taxes Failure-to-notify penalty. Amendment taxes   If you fail to notify the IRS of a foreign tax redetermination and cannot show reasonable cause for the failure, you may have to pay a penalty. Amendment taxes   For each month, or part of a month, that the failure continues, you pay a penalty of 5% of the tax due resulting from a redetermination of your U. Amendment taxes S. Amendment taxes tax. Amendment taxes This penalty cannot be more than 25% of the tax due. Amendment taxes Foreign tax refund. Amendment taxes   If you receive a foreign tax refund without interest from the foreign government, you will not have to pay interest on the amount of tax due resulting from the adjustment to your U. Amendment taxes S. Amendment taxes tax for the time before the date of the refund. Amendment taxes   However, if you receive a foreign tax refund with interest, you must pay interest to the IRS up to the amount of the interest paid to you by the foreign government. Amendment taxes The interest you must pay cannot be more than the interest you would have had to pay on taxes that were unpaid for any other reason for the same period. Amendment taxes Interest also is owed from the time you receive a refund until you pay the additional tax due. Amendment taxes Foreign tax imposed on foreign refund. Amendment taxes   If your foreign tax refund is taxed by the foreign country, you cannot take a separate credit or deduction for this additional foreign tax. Amendment taxes However, when you refigure the foreign tax credit taken for the original foreign tax, reduce the amount of the refund by the foreign tax paid on the refund. Amendment taxes Example. Amendment taxes You paid a foreign income tax of $3,000 in 2011, and received a foreign tax refund of $500 in 2013 on which a foreign tax of $100 was imposed. Amendment taxes When you refigure your credit for 2011, you must reduce the $3,000 you paid by $400. Amendment taxes Time Limit on Refund Claims You have 10 years to file a claim for refund of U. Amendment taxes S. Amendment taxes tax if you find that you paid or accrued a larger foreign tax than you claimed a credit for. Amendment taxes The 10-year period begins the day after the regular due date for filing the return (without extensions) for the year in which the taxes were actually paid or accrued. Amendment taxes You have 10 years to file your claim regardless of whether you claim the credit for taxes paid or taxes accrued. Amendment taxes The 10-year period applies to claims for refund or credit based on: Fixing math errors in figuring qualified foreign taxes, Reporting qualified foreign taxes not originally reported on the return, or Any other change in the size of the credit (including one caused by correcting the foreign tax credit limit). Amendment taxes The special 10-year period also applies to making or changing your choice to claim a deduction or credit for foreign taxes. Amendment taxes See Making or Changing Your Choice discussed earlier under Choosing To Take Credit or Deduction. Amendment taxes Who Can Take the Credit? U. Amendment taxes S. Amendment taxes citizens, resident aliens, and nonresident aliens who paid foreign income tax and are subject to U. Amendment taxes S. Amendment taxes tax on foreign source income may be able to take a foreign tax credit. Amendment taxes U. Amendment taxes S. Amendment taxes Citizens If you are a U. Amendment taxes S. Amendment taxes citizen, you are taxed by the United States on your worldwide income wherever you live. Amendment taxes You are normally entitled to take a credit for foreign taxes you pay or accrue. Amendment taxes Resident Aliens If you are a resident alien of the United States, you can take a credit for foreign taxes subject to the same general rules as U. Amendment taxes S. Amendment taxes citizens. Amendment taxes If you are a bona fide resident of Puerto Rico for the entire tax year, you also come under the same rules. Amendment taxes Usually, you can take a credit only for those foreign taxes imposed on income you actually or constructively received while you had resident alien status. Amendment taxes For information on alien status, see Publication 519. Amendment taxes Nonresident Aliens If you are a nonresident alien, you cannot take the credit in most cases. Amendment taxes However, you may be able to take the credit if: You were a bona fide resident of Puerto Rico during your entire tax year, or You pay or accrue tax to a foreign country or U. Amendment taxes S. Amendment taxes possession on income from foreign sources that is effectively connected with a trade or business in the United States. Amendment taxes But if you must pay tax to a foreign country or U. Amendment taxes S. Amendment taxes possession on income from U. Amendment taxes S. Amendment taxes sources only because you are a citizen or a resident of that country or U. Amendment taxes S. Amendment taxes possession, do not use that tax in figuring the amount of your credit. Amendment taxes For information on alien status and effectively connected income, see Publication 519. Amendment taxes What Foreign Taxes Qualify for the Credit? In most cases, the following four tests must be met for any foreign tax to qualify for the credit. Amendment taxes The tax must be imposed on you. Amendment taxes You must have paid or accrued the tax. Amendment taxes The tax must be the legal and actual foreign tax liability. Amendment taxes The tax must be an income tax (or a tax in lieu of an income tax). Amendment taxes Certain foreign taxes do not qualify for the credit even if the four tests are met. Amendment taxes See Foreign Taxes for Which You Cannot Take a Credit, later. Amendment taxes Tax Must Be Imposed on You You can claim a credit only for foreign taxes that are imposed on you by a foreign country or U. Amendment taxes S. Amendment taxes possession. Amendment taxes For example, a tax that is deducted from your wages is considered to be imposed on you. Amendment taxes You cannot shift the right to claim the credit by contract or other means. Amendment taxes Foreign country. Amendment taxes   A foreign country includes any foreign state and its political subdivisions. Amendment taxes Income, war profits, and excess profits taxes paid or accrued to a foreign city or province qualify for the foreign tax credit. Amendment taxes U. Amendment taxes S. Amendment taxes possessions. Amendment taxes   For foreign tax credit purposes, all qualified taxes paid to U. Amendment taxes S. Amendment taxes possessions are considered foreign taxes. Amendment taxes For this purpose, U. Amendment taxes S. Amendment taxes possessions include Puerto Rico and American Samoa. Amendment taxes   When the term “foreign country” is used in this publication, it includes U. Amendment taxes S. Amendment taxes possessions unless otherwise stated. Amendment taxes You Must Have Paid or Accrued the Tax In most cases, you can claim the credit only if you paid or accrued the foreign tax to a foreign country or U. Amendment taxes S. Amendment taxes possession. Amendment taxes However, the paragraphs that follow describe some instances in which you can claim the credit even if you did not directly pay or accrue the tax yourself. Amendment taxes Joint return. Amendment taxes   If you file a joint return, you can claim the credit based on the total foreign income taxes paid or accrued by you and your spouse. Amendment taxes Combined income. Amendment taxes   If foreign tax is imposed on the combined income of two or more persons (for example, spouses), the tax is allocated among, and considered paid by, these persons on a pro rata basis in proportion to each person's portion of the combined income, as determined under foreign law and Regulations section 1. Amendment taxes 901-2(f)(3)(iii). Amendment taxes Combined income with respect to each foreign tax that is imposed on a combined basis (and combined income subject to tax exemption or preferential tax rates) is computed separately, and the tax on that combined income is allocated separately. Amendment taxes   These rules apply to foreign taxes paid or accrued in tax years beginning after February 14, 2012. Amendment taxes However, you can choose to apply the new rules to foreign taxes paid or accrued in tax years beginning after December 31, 2010, and before February 15, 2012. Amendment taxes For more details, see paragraphs (f) and (h) of Regulations section 1. Amendment taxes 901-2. Amendment taxes For similar rules applicable to prior tax years, see Regulations section 1. Amendment taxes 901-2 (revised as of April 1, 2011). Amendment taxes Example. Amendment taxes You and your spouse reside in Country X, which imposes income tax on your combined incomes. Amendment taxes Both of you use the “u” as your functional currency. Amendment taxes Country X apportions tax based on income. Amendment taxes You had income of 30,000u and your spouse had income of 20,000u. Amendment taxes Your filing status on your U. Amendment taxes S. Amendment taxes income tax return is married filing separately. Amendment taxes You can claim only 60% (30,000u/50,000u) of the foreign taxes imposed on your income on your U. Amendment taxes S income tax return. Amendment taxes Your spouse can claim only 40% (20,000u/50,000u). Amendment taxes Partner or S corporation shareholder. Amendment taxes   If you are a member of a partnership, or a shareholder in an S corporation, you can claim the credit based on your proportionate share of the foreign income taxes paid or accrued by the partnership or the S corporation. Amendment taxes These amounts will be shown on the Schedule K-1 you receive from the partnership or S corporation. Amendment taxes However, if you are a shareholder in an S corporation that in turn owns stock in a foreign corporation, you cannot claim a credit for your share of foreign taxes paid by the foreign corporation. Amendment taxes Beneficiary. Amendment taxes   If you are a beneficiary of an estate or trust, you may be able to claim the credit based on your proportionate share of foreign income taxes paid or accrued by the estate or trust. Amendment taxes This amount will be shown on the Schedule K-1 you receive from the estate or trust. Amendment taxes However, you must show that the tax was imposed on income of the estate and not on income received by the decedent. Amendment taxes Mutual fund shareholder. Amendment taxes   If you are a shareholder of a mutual fund or other regulated investment company (RIC), you may be able to claim the credit based on your share of foreign income taxes paid by the fund if it chooses to pass the credit on to its shareholders. Amendment taxes You should receive from the mutual fund or other RIC a Form 1099-DIV, or similar statement, showing your share of the foreign income, and your share of the foreign taxes paid. Amendment taxes If you do not receive this information, you will need to contact the fund. Amendment taxes Controlled foreign corporation shareholder. Amendment taxes   If you are a shareholder of a controlled foreign corporation and choose to be taxed at corporate rates on the amount you must include in gross income from that corporation, you can claim the credit based on your share of foreign taxes paid or accrued by the controlled foreign corporation. Amendment taxes If you make this election, you must claim the credit by filing Form 1118, Foreign Tax Credit—Corporations. Amendment taxes Controlled foreign corporation. Amendment taxes   A controlled foreign corporation is a foreign corporation in which U. Amendment taxes S. Amendment taxes shareholders own more than 50% of the voting power or value of the stock. Amendment taxes You are considered a U. Amendment taxes S. Amendment taxes shareholder if you own, directly or indirectly, 10% or more of the total voting power of all classes of the foreign corporation's stock. Amendment taxes See Internal Revenue Code sections 951(b) and 958(b) for more information. Amendment taxes Tax Must Be the Legal and Actual Foreign Tax Liability The amount of foreign tax that qualifies is not necessarily the amount of tax withheld by the foreign country. Amendment taxes Only the legal and actual foreign tax liability that you paid or accrued during the year qualifies for the credit. Amendment taxes Foreign tax refund. Amendment taxes   You cannot take a foreign tax credit for income taxes paid to a foreign country if it is reasonably certain the amount would be refunded, credited, rebated, abated, or forgiven if you made a claim. Amendment taxes   For example, the United States has tax treaties with many countries allowing U. Amendment taxes S. Amendment taxes citizens and residents reductions in the rates of tax of those foreign countries. Amendment taxes However, some treaty countries require U. Amendment taxes S. Amendment taxes citizens and residents to pay the tax figured without regard to the lower treaty rates and then claim a refund for the amount by which the tax actually paid is more than the amount of tax figured using the lower treaty rate. Amendment taxes The qualified foreign tax is the amount figured using the lower treaty rate and not the amount actually paid, because the excess tax is refundable. Amendment taxes Subsidy received. Amendment taxes   Tax payments a foreign country returns to you in the form of a subsidy do not qualify for the foreign tax credit. Amendment taxes This rule applies even if the subsidy is given to a person related to you, or persons who participated with you in a transaction or a related transaction. Amendment taxes A subsidy can be provided by any means but must be determined, directly or indirectly, in relation to the amount of tax, or to the base used to figure the tax. Amendment taxes   The term “subsidy” includes any type of benefit. Amendment taxes Some ways of providing a subsidy are refunds, credits, deductions, payments, or discharges of obligations. Amendment taxes Shareholder receiving refund for corporate tax in integrated system. Amendment taxes   Under some foreign tax laws and treaties, a shareholder is considered to have paid part of the tax that is imposed on the corporation. Amendment taxes You may be able to claim a refund of these taxes from the foreign government. Amendment taxes You must include the refund (including any amount withheld) in your income in the year received. Amendment taxes Any tax withheld from the refund is a qualified foreign tax. Amendment taxes Example. Amendment taxes You are a shareholder of a French corporation. Amendment taxes You receive a $100 refund of the tax paid to France by the corporation on the earnings distributed to you as a dividend. Amendment taxes The French government imposes a 15% withholding tax ($15) on the refund you received. Amendment taxes You receive a check for $85. Amendment taxes You include $100 in your income. Amendment taxes The $15 of tax withheld is a qualified foreign tax. Amendment taxes Tax Must Be an Income Tax (or Tax in Lieu of Income Tax) In most cases, only income, war profits, and excess profits taxes (income taxes) qualify for the foreign tax credit. Amendment taxes Foreign taxes on wages, dividends, interest, and royalties qualify for the credit in most cases. Amendment taxes Furthermore, foreign taxes on income can qualify even though they are not imposed under an income tax law if the tax is in lieu of an income, war profits, or excess profits tax. Amendment taxes See Taxes in Lieu of Income Taxes , later. Amendment taxes Income Tax Simply because the levy is called an income tax by the foreign taxing authority does not make it an income tax for this purpose. Amendment taxes A foreign levy is an income tax only if it meets both of the following requirements. Amendment taxes It is a tax; that is, you have to pay it and you get no specific economic benefit (discussed below) from paying it. Amendment taxes The predominant character of the tax is that of an income tax in the U. Amendment taxes S. Amendment taxes sense. Amendment taxes A foreign levy may meet these requirements even if the foreign tax law differs from U. Amendment taxes S. Amendment taxes tax law. Amendment taxes The foreign law may include in income items that U. Amendment taxes S. Amendment taxes law does not include, or it may allow certain exclusions or deductions that U. Amendment taxes S. Amendment taxes law does not allow. Amendment taxes Specific economic benefit. Amendment taxes   In most cases, you get a specific economic benefit if you receive, or are considered to receive, an economic benefit from the foreign country imposing the levy, and: If there is a generally imposed income tax, the economic benefit is not available on substantially the same terms to all persons subject to the income tax, or If there is no generally imposed income tax, the economic benefit is not available on substantially the same terms to the population of the foreign country in general. Amendment taxes   You are considered to receive a specific economic benefit if you have a business transaction with a person who receives a specific economic benefit from the foreign country and, under the terms and conditions of the transaction, you receive directly or indirectly all or part of the benefit. Amendment taxes   However, see the exception discussed later under Pension, unemployment, and disability fund payments . Amendment taxes Economic benefits. Amendment taxes   Economic benefits include the following. Amendment taxes Goods. Amendment taxes Services. Amendment taxes Fees or other payments. Amendment taxes Rights to use, acquire, or extract resources, patents, or other property the foreign country owns or controls. Amendment taxes Discharges of contractual obligations. Amendment taxes   In most cases, the right or privilege merely to engage in business is not an economic benefit. Amendment taxes Dual-capacity taxpayers. Amendment taxes   If you are subject to a foreign country's levy and you also receive a specific economic benefit from that foreign country, you are a “dual-capacity taxpayer. Amendment taxes ” As a dual-capacity taxpayer, you cannot claim a credit for any part of the foreign levy, unless you establish that the amount paid under a distinct element of the foreign levy is a tax, rather than a compulsory payment for a direct or indirect specific economic benefit. Amendment taxes    For more information on how to establish amounts paid under separate elements of a levy, write to: Internal Revenue Service International Section Philadelphia, PA 19255-0725 Pension, unemployment, and disability fund payments. Amendment taxes   A foreign tax imposed on an individual to pay for retirement, old-age, death, survivor, unemployment, illness, or disability benefits, or for substantially similar purposes, is not payment for a specific economic benefit if the amount of the tax does not depend on the age, life expectancy, or similar characteristics of that individual. Amendment taxes    No deduction or credit is allowed, however, for social security taxes paid or accrued to a foreign country with which the United States has a social security agreement. Amendment taxes For more information about these agreements, see Publication 54. Amendment taxes Soak-up taxes. Amendment taxes   A foreign tax is not predominantly an income tax and does not qualify for credit to the extent it is a soak-up tax. Amendment taxes A tax is a soak-up tax to the extent that liability for it depends on the availability of a credit for it against income tax imposed by another country. Amendment taxes This rule applies only if and to the extent that the foreign tax would not be imposed if the credit were not available. Amendment taxes Penalties and interest. Amendment taxes   Amounts paid to a foreign government to satisfy a liability for interest, fines, penalties, or any similar obligation are not taxes and do not qualify for the credit. Amendment taxes Taxes not based on income. Amendment taxes   Foreign taxes based on gross receipts or the number of units produced, rather than on realized net income, do not qualify unless they are imposed in lieu of an income tax, as discussed next. Amendment taxes Taxes based on assets, such as property taxes, do not qualify for the credit. Amendment taxes Taxes in Lieu of Income Taxes A tax paid or accrued to a foreign country qualifies for the credit if it is imposed in lieu of an income tax otherwise generally imposed. Amendment taxes A foreign levy is a tax in lieu of an income tax only if: It is not payment for a specific economic benefit as discussed earlier, and The tax is imposed in place of, and not in addition to, an income tax otherwise generally imposed. Amendment taxes A tax in lieu of an income tax does not have to be based on realized net income. Amendment taxes A foreign tax imposed on gross income, gross receipts or sales, or the number of units produced or exported can qualify for the credit. Amendment taxes In most cases, a soak-up tax (discussed earlier) does not qualify as a tax in lieu of an income tax. Amendment taxes However, if the foreign country imposes a soak-up tax in lieu of an income tax, the amount that does not qualify for foreign tax credit is the lesser of the following amounts. Amendment taxes The soak-up tax. Amendment taxes The foreign tax you paid that is more than the amount you would have paid if you had been subject to the generally imposed income tax. Amendment taxes Foreign Taxes for Which You Cannot Take a Credit This part discusses the foreign taxes for which you cannot take a credit. Amendment taxes These are: Taxes on excluded income, Taxes for which you can only take an itemized deduction, Taxes on foreign mineral income, Taxes from international boycott operations, A portion of taxes on combined foreign oil and gas income, Taxes of U. Amendment taxes S. Amendment taxes persons controlling foreign corporations and partnerships who fail to file required information returns, and Taxes related to a foreign tax splitting event. Amendment taxes Taxes on Excluded Income You cannot take a credit for foreign taxes paid or accrued on certain income that is excluded from U. Amendment taxes S. Amendment taxes gross income. Amendment taxes Foreign Earned Income and Housing Exclusions You must reduce your foreign taxes available for the credit by the amount of those taxes paid or accrued on income that is excluded from U. Amendment taxes S. Amendment taxes income under the foreign earned income exclusion or the foreign housing exclusion. Amendment taxes See Publication 54 for more information on the foreign earned income and housing exclusions. Amendment taxes Wages completely excluded. Amendment taxes   If your wages are completely excluded, you cannot take a credit for any of the foreign taxes paid or accrued on these wages. Amendment taxes Wages partly excluded. Amendment taxes   If only part of your wages is excluded, you cannot take a credit for the foreign income taxes allocable to the excluded part. Amendment taxes You find the amount allocable to your excluded wages by multiplying the foreign tax paid or accrued on foreign earned income received or accrued during the tax year by a fraction. Amendment taxes   The numerator of the fraction is your foreign earned income and housing amounts excluded under the foreign earned income and housing exclusions for the tax year minus otherwise deductible expenses definitely related and properly apportioned to that income. Amendment taxes Deductible expenses do not include the foreign housing deduction. Amendment taxes   The denominator is your total foreign earned income received or accrued during the tax year minus all deductible expenses allocable to that income (including the foreign housing deduction). Amendment taxes If the foreign law taxes foreign earned income and some other income (for example, earned income from U. Amendment taxes S. Amendment taxes sources or a type of income not subject to U. Amendment taxes S. Amendment taxes tax), and the taxes on the other income cannot be segregated, the denominator of the fraction is the total amount of income subject to the foreign tax minus deductible expenses allocable to that income. Amendment taxes Example. Amendment taxes You are a U. Amendment taxes S. Amendment taxes citizen and a cash basis taxpayer, employed by Company X and living in Country A. Amendment taxes Your records show the following: Foreign earned income received $125,000 Unreimbursed business travel expenses 20,000 Income tax paid to Country A 30,000 Exclusion of foreign earned  income and housing allowance 97,600     Because you can exclude part of your wages, you cannot claim a credit for part of the foreign taxes. Amendment taxes To find that part, do the following. Amendment taxes First, find the amount of business expenses allocable to excluded wages and therefore not deductible. Amendment taxes To do this, multiply the otherwise deductible expenses by a fraction. Amendment taxes That fraction is the excluded wages over your foreign earned income. Amendment taxes   $20,000 × $97,600 $125,000 = $15,616             Next, find the numerator of the fraction by which you will multiply the foreign taxes paid. Amendment taxes To do this, subtract business expenses allocable to excluded wages ($15,616) from excluded wages ($97,600). Amendment taxes The result is $81,984. Amendment taxes Then, find the denominator of the fraction by subtracting all your deductible expenses from all your foreign earned income ($125,000 − $20,000 = $105,000). Amendment taxes Finally, multiply the foreign tax you paid by the resulting fraction. Amendment taxes   $30,000 × $81,984  $105,000 = $23,424 The amount of Country A tax you cannot take a credit for is $23,424. Amendment taxes Taxes on Income From Puerto Rico Exempt From U. Amendment taxes S. Amendment taxes Tax If you have income from Puerto Rican sources that is not taxable, you must reduce your foreign taxes paid or accrued by the taxes allocable to the exempt income. Amendment taxes For information on figuring the reduction, see Publication 570. Amendment taxes Possession Exclusion If you are a bona fide resident of American Samoa and exclude income from sources in American Samoa, you cannot take a credit for the taxes you pay or accrue on the excluded income. Amendment taxes For more information on this exclusion, see Publication 570. Amendment taxes Extraterritorial Income Exclusion You cannot take a credit for taxes you pay on qualifying foreign trade income excluded on Form 8873, Extraterritorial Income Exclusion. Amendment taxes However, see Internal Revenue Code section 943(d) for an exception for certain withholding taxes. Amendment taxes Taxes for Which You Can Only Take an Itemized Deduction You cannot claim a foreign tax credit for foreign income taxes paid or accrued under the following circumstances. Amendment taxes However, you can claim an itemized deduction for these taxes. Amendment taxes See Choosing To Take Credit or Deduction , earlier. Amendment taxes Taxes Imposed By Sanctioned Countries (Section 901(j) Income) You cannot claim a foreign tax credit for income taxes paid or accrued to any country if the income giving rise to the tax is for a period (the sanction period) during which: The Secretary of State has designated the country as one that repeatedly provides support for acts of international terrorism, The United States has severed or does not conduct diplomatic relations with the country, or The United States does not recognize the country's government, and that government is not otherwise eligible to purchase defense articles or services under the Arms Export Control Act. Amendment taxes The following countries meet this description for 2013. Amendment taxes Income taxes paid or accrued to these countries in 2013 do not qualify for the credit. Amendment taxes Cuba. Amendment taxes Iran. Amendment taxes Libya (but see Note later). Amendment taxes North Korea. Amendment taxes Sudan. Amendment taxes Syria. Amendment taxes Waiver of denial of the credit. Amendment taxes   A waiver can be granted to a sanctioned country if the President of the United States determines that granting the waiver is in the national interest of the United States and will expand trade and investment opportunities for U. Amendment taxes S. Amendment taxes companies in the sanctioned country. Amendment taxes The President must report to Congress his intentions to grant the waiver and his reasons for granting the waiver not less than 30 days before the date on which the waiver is granted. Amendment taxes Note. Amendment taxes Effective December 10, 2004, the President granted a waiver to Libya. Amendment taxes Income taxes arising on or after this date qualify for the credit if they meet the other requirements in this publication. Amendment taxes Limit on credit. Amendment taxes   In figuring the foreign tax credit limit, discussed later, income from a sanctioned country is a separate category of foreign income unless a Presidential waiver is granted. Amendment taxes You must fill out a separate Form 1116 for this income. Amendment taxes This will prevent you from claiming a credit for foreign taxes paid or accrued to the sanctioned country. Amendment taxes Example. Amendment taxes You lived and worked in Iran until August, when you were transferred to Italy. Amendment taxes You paid taxes to each country on the income earned in that country. Amendment taxes You cannot claim a foreign tax credit for the foreign taxes paid on the income earned in Iran. Amendment taxes Because the income earned in Iran is a separate category of foreign income, you must fill out a separate Form 1116 for that income. Amendment taxes You cannot take a credit for taxes paid on the income earned in Iran, but that income is taxable by the United States. Amendment taxes Figuring the credit when a sanction ends. Amendment taxes    Table 1 lists the countries for which sanctions have ended or for which a Presidential waiver has been granted. Amendment taxes For any of these countries, you can claim a foreign tax credit for the taxes paid or accrued to that country on the income for the period that begins after the end of the sanction period or the date the Presidential waiver was granted. Amendment taxes Example. Amendment taxes The sanctions against Country X ended on July 31. Amendment taxes On August 19, you receive a distribution from a mutual fund of Country X income. Amendment taxes The fund paid Country X income tax for you on the distribution. Amendment taxes Because the distribution was made after the sanction ended, you may include the foreign tax paid on the distribution to compute your foreign tax credit. Amendment taxes Amounts for the nonsanctioned period. Amendment taxes   If a sanction period ends (or a Presidential waiver is granted) during your tax year and you are not able to determine the actual income and taxes for that period, you can allocate amounts to that period based on the number of days in the period that fall in your tax year. Amendment taxes Multiply the income or taxes for the year by the following fraction to determine the amounts allocable to that period. Amendment taxes   Number of nonsanctioned days in year  Number of days in year Example. Amendment taxes You are a calendar year filer and received $20,000 of income from Country X in 2013 on which you paid tax of $4,500. Amendment taxes Sanctions against Country X ended on July 11, 2013. Amendment taxes You are unable to determine how much of the income or tax is for the nonsanctioned period. Amendment taxes Because your tax year starts on January 1, and the Country X sanction ended on July 11, 2013, 173 days of your tax year are in the nonsanctioned period. Amendment taxes You would compute the income for the nonsanctioned period as follows. Amendment taxes 173 365 × $20,000 = $9,479             You would figure the tax for the nonsanctioned period as follows. Amendment taxes 173 365 × $4,500 = $2,133 To figure your foreign tax credit, you would use $9,479 as the income from Country X and $2,133 as the tax. Amendment taxes Further information. Amendment taxes   The rules for figuring the foreign tax credit after a country's sanction period ends are more fully explained in Revenue Ruling 92-62, Cumulative Bulletin 1992-2, page 193. Amendment taxes This Cumulative Bulletin can be found in many libraries and IRS offices. Amendment taxes Table 1. Amendment taxes Countries Removed From the Sanction List or Granted Presidential Waiver   Sanction Period Country Starting Date Ending Date Iraq February 1, 1991 June 27, 2004 Libya January 1, 1987 December 9, 2004* *Presidential waiver granted for qualified income taxes arising after December 9, 2004. Amendment taxes Taxes Imposed on Certain Dividends You cannot claim a foreign tax credit for withholding tax (defined later ) on dividends paid or accrued if either of the following applies to the dividends. Amendment taxes The dividends are on stock you held for less than 16 days during the 31-day period that begins 15 days before the ex-dividend date (defined later). Amendment taxes The dividends are for a period or periods totaling more than 366 days on preferred stock you held for less than 46 days during the 91-day period that begins 45 days before the ex-dividend date. Amendment taxes If the dividend is not for more than 366 days, rule (1) applies to the preferred stock. Amendment taxes When figuring how long you held the stock, count the day you sold it, but do not count the day you acquired it or any days on which you were protected from risk of loss. Amendment taxes Regardless of how long you held the stock, you cannot claim the credit to the extent you have an obligation under a short sale or otherwise to make payments related to the dividend for positions in substantially similar or related property. Amendment taxes Withholding tax. Amendment taxes   For this purpose, withholding tax includes any tax determined on a gross basis. Amendment taxes It does not include any tax which is in the nature of a prepayment of a tax imposed on a net basis. Amendment taxes Ex-dividend date. Amendment taxes   The ex-dividend date is the first date following the declaration of a dividend on which the purchaser of a stock is not entitled to receive the next dividend payment. Amendment taxes Example 1. Amendment taxes You bought common stock from a foreign corporation on November 3. Amendment taxes You sold the stock on November 19. Amendment taxes You received a dividend on this stock because you owned it on the ex-dividend date of November 5. Amendment taxes To claim the credit, you must have held the stock for at least 16 days within the 31-day period that began on October 21 (15 days before the ex-dividend date). Amendment taxes Because you held the stock for 16 days, from November 4 until November 19, you are entitled to the credit. Amendment taxes Example 2. Amendment taxes The facts are the same as in Example 1 except that you sold the stock on November 14. Amendment taxes You held the stock for only 11 days. Amendment taxes You are not entitled to the credit. Amendment taxes Exception. Amendment taxes   If you are a securities dealer who actively conducts business in a foreign country, you may be able to claim a foreign tax credit for qualified taxes paid on dividends regardless of how long you held the stock or whether you were obligated to make payments for positions in substantially similar or related property. Amendment taxes See section 901(k)(4) of the Internal Revenue Code for more information. Amendment taxes Taxes Withheld on Income or Gain (Other Than Dividends) For income or gain (other than dividends) paid or accrued on property, you cannot claim a foreign tax credit for withholding tax (defined later): If you have not held the property for at least 16 days during the 31-day period that begins 15 days before the date on which the right to receive the payment arises, or To the extent you have to make related payments on positions in substantially similar or related property. Amendment taxes When figuring how long you held the property, count the day you sold it, but do not count the day you acquired it or any days on which you were protected from risk of loss. Amendment taxes Withholding tax. Amendment taxes   For this purpose, withholding tax includes any tax determined on a gross basis. Amendment taxes It does not include any tax which is in the nature of a prepayment of a tax imposed on a net basis. Amendment taxes Exception for dealers. Amendment taxes   If you are a dealer in property who actively conducts business in a foreign country, you may be able to claim a foreign tax credit for qualified taxes withheld on income or gain from that property regardless of how long you held it or whether you have to make related payments on positions in substantially similar or related property. Amendment taxes See section 901(I)(2) of the Internal Revenue Code for more information. Amendment taxes Covered Asset Acquisition ???You cannot take a credit for the disqualified portion of any foreign tax paid or accrued in connection with a covered asset acquisition. Amendment taxes A covered asset acquisition includes certain acquisitions that result in a stepped-up basis for U. Amendment taxes S. Amendment taxes tax purposes but not for foreign tax purposes. Amendment taxes For more information, see Internal Revenue Code section 901(m). Amendment taxes The IRS intends to issue guidance that will explain this provision in greater detail. Amendment taxes Taxes in Connection With the Purchase or Sale of Oil or Gas You cannot claim a foreign tax credit for taxes paid or accrued to a foreign country in connection with the purchase or sale of oil or gas extracted in that country if you do not have an economic interest in the oil or gas, and the purchase price or sales price is different from the fair market value of the oil or gas at the time of purchase or sale. Amendment taxes Taxes on Foreign Mineral Income You must reduce any taxes paid or accrued to a foreign country or possession on mineral income from that country or possession if you were allowed a deduction for percentage depletion for any part of the mineral income. Amendment taxes For details, see Regulations section 1. Amendment taxes 901-3. Amendment taxes Taxes From International Boycott Operations If you participate in or cooperate with an international boycott during the tax year, your foreign taxes resulting from boycott activities will reduce the total taxes available for credit. Amendment taxes See the instructions for line 12 in the Form 1116 instructions to figure this reduction. Amendment taxes In most cases, this rule does not apply to employees with wages who are working and living in boycotting countries, or to retirees with pensions who are living in these countries. Amendment taxes List of boycotting countries. Amendment taxes   A list of the countries which may require participation in or cooperation with an international boycott is published by the Department of the Treasury. Amendment taxes As of November 2013, the following countries are listed. Amendment taxes Iraq. Amendment taxes Kuwait. Amendment taxes Lebanon. Amendment taxes Libya. Amendment taxes Qatar. Amendment taxes Saudi Arabia. Amendment taxes Syria. Amendment taxes United Arab Emirates. Amendment taxes Yemen. Amendment taxes    For information concerning changes to the list, write to: Internal Revenue Service International Section Philadelphia, PA 19255-0725 Determinations of whether the boycott rule applies. Amendment taxes   You may request a determination from the Internal Revenue Service as to whether a particular operation constitutes participation in or cooperation with an international boycott. Amendment taxes The procedures for obtaining a determination from the Service are outlined in Revenue Procedure 77-9 in Cumulative Bulletin 1977-1. Amendment taxes Cumulative Bulletins are available in most IRS offices and you are welcome to read them there. Amendment taxes Public inspection. Amendment taxes   A determination and any related background file is open to public inspection. Amendment taxes However, your identity and certain other information will remain confidential. Amendment taxes Reporting requirements. Amendment taxes   You must file a report with the IRS if you or any of the following persons have operations in or related to a boycotting country or with the government, a company, or a national of a boycotting country. Amendment taxes A foreign corporation in which you own 10% or more of the voting power of all voting stock but only if you own the stock of the foreign corporation directly or through foreign entities. Amendment taxes A partnership in which you are a partner. Amendment taxes A trust you are treated as owning. Amendment taxes Form 5713 required. Amendment taxes   If you have to file a report, you must use Form 5713, International Boycott Report, and attach all supporting schedules. Amendment taxes See the Instructions for Form 5713 for information on when and where to file the form. Amendment taxes Penalty for failure to file. Amendment taxes   If you willfully fail to make a report, in addition to other penalties, you may be fined $25,000 or imprisoned for no more than one year, or both. Amendment taxes Taxes on Combined Foreign Oil and Gas Income You must reduce your foreign taxes by a portion of any foreign taxes imposed on combined foreign oil and gas income. Amendment taxes The amount of the reduction is the amount by which your foreign oil and gas taxes exceed the amount of your combined foreign oil and gas income multiplied by a fraction equal to your pre-credit U. Amendment taxes S. Amendment taxes tax liability (Form 1040, line 44) divided by your worldwide taxable income. Amendment taxes You may be entitled to carry over to other years taxes reduced under this rule. Amendment taxes See Internal Revenue Code section 907(f). Amendment taxes Combined foreign oil and gas income means the sum of foreign oil related income and foreign oil and gas extraction income. Amendment taxes Foreign oil and gas taxes are the sum of foreign oil and gas extraction taxes and foreign oil related taxes. Amendment taxes Taxes of U. Amendment taxes S. Amendment taxes Persons Controlling Foreign Corporations and Partnerships If you had control of a foreign corporation or a foreign partnership for the annual accounting period of that corporation or partnership that ended with or within your tax year, you may have to file an annual information return. Amendment taxes If you do not file the required information return, you may have to reduce the foreign taxes that may be used for the foreign tax credit. Amendment taxes See Penalty for not filing Form 5471 or Form 8865 , later. Amendment taxes U. Amendment taxes S. Amendment taxes persons controlling foreign corporations. Amendment taxes   If you are a U. Amendment taxes S. Amendment taxes citizen or resident who had control of a foreign corporation for an uninterrupted period of at least 30 days during the annual accounting period of that corporation, you may have to file an annual information return on Form 5471, Information Return of U. Amendment taxes S. Amendment taxes Persons With Respect To Certain Foreign Corporations. Amendment taxes Under this rule, you generally had control of a foreign corporation if at any time during your tax year you owned: Stock possessing more than 50% of the total combined voting power of all classes of stock entitled to vote, or More than 50% of the total value of shares of all classes of stock of the foreign corporation. Amendment taxes U. Amendment taxes S. Amendment taxes persons controlling foreign partnerships. Amendment taxes   If you are a U. Amendment taxes S. Amendment taxes citizen or resident who had control of a foreign partnership at any time during the partnership's tax year, you may have to file