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MI Form 5471 (Schedule J): What You Should Know

Form 5471, Part I of  The U.S. tax treatment of income of a foreign corporation (which can include a CFC) with domestic shareholders is generally more favorable than the standard, U.S. tax treatment of income of any foreign corporation (including a CFC) with domestic shareholders. The reason is due to the foreign holding company's ability to reduce its worldwide income tax on foreign-source income through the use of a “controlled foreign corporation entity” (CFC) as a holding company. A CFC is a foreign corporation with U.S. shareholders that is organized under Section 179. The foreign holding company generally reports its stock by giving its stockholders a Form 1099-B. While the foreign holding company reports its stock in the foreign corporation's name, it pays no tax on the foreign earnings. Instead, the foreign earnings are subject to U.S. tax. In general, the corporate income tax treated as ordinary income and the foreign tax imposed as a surtax or excise tax are the same. Generally, the foreign tax surtax or excise tax paid on foreign-source income is the highest of the two foreign sources. If the foreign earnings are less than the foreign tax, the income tax applied on these earnings is zero. On April 23, 2020, Schedule J of Form 5471 (“Schedule J”) is scheduled to be effective beginning on January 1, 2022. For more information see the IRS website. Also see IRS Publication 550 Tax Guide for Individuals. E&P's calculation on the Form 5471 Schedule J When a CFC does not have domestic shareholders, the foreign earnings of the CFC must be included as “Foreign Base Company E&P” in U.S. dollars in the “Earns and Profits” column of the Form 5471. To be recognized in U.S. dollars, the foreign accrual dividends and foreign tax on foreign-source income must be estimated. On the Form 5471, the foreign accrual dividend equals U.S. earnings of the CFC (but not domestic earnings) that are included on the Form 5471 in the “Dividends paid or accrued” columns of the schedule. For the foreign tax on foreign-source income, use income taxes paid and income taxes paid under the taxing country code on the Form 5471. For example, under U.S.

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