What is specified interest expense?
Specified interest expense is a U.S.
shareholder-level determination which is net of “attributable” interest income taken into account by the U.S.
What is QBAI for Gilti?
QBAI, a new defined term for GILTI, is the aggregate of all tested income CFCs’ average quarterly adjusted bases of specified tangible property determined under special rules. … A tested loss CFC has no QBAI, even if the CFC is a tested income CFC in other tax years.
Who Must File 8992?
Who Needs To File Form 8992. Any U.S. shareholder of one or more CFCs that must take into account its pro rata share of the “tested income” or “tested loss “of the CFC(s) in determining the U.S. shareholder’s GILTI inclusion, if any, under section 951A must file the Form 8992.
What is Section 951 A Income?
Section 951(a)(1)(A)(i) generally provides that, if a foreign corporation is a CFC for an uninterrupted period of 30 days or more during a taxable year, every person who Page 4 PLR-116719-10 4 is a United States shareholder of the corporation and who owns stock in the corporation on the last day of the taxable year in …
How do you avoid Gilti?
How to avoid or lower GILTI – Global Intangible Low Tax IncomeCharacterize GILTI as Subpart F. First, you can elect to covert GILTI to subpart F income. … Increase QBAI. … Combine Controlled Foreign Corporations into one. … Avoid CFC or US shareholder status.Create a US holding company to own all CFC shares. … What about putting CFC shares into a Private Placement Life Insurance Policy.
What is tested income?
Tested income is the excess, if any, of the corporation’s gross income over its allocable deductions. … Income excluded from foreign-based company income or insurance income by reason of the high-tax exclusion. Any dividend received from a related person. Certain foreign oil and gas income.
What is Gilti deduction?
GILTI is a newly-defined category of foreign income added to corporate taxable income each year. In effect, it is a tax on earnings that exceed a 10 percent return on a company’s invested foreign assets. GILTI is subject to a worldwide minimum tax of between 10.5 and 13.125 percent on an annual basis.
What is QBAI?
QBAI is a pool of all tangible assets, which is used to compute a tangible asset return, which is then used to compute the excess that is the deemed return on intangible assets. … The QBAI amount is the average adjusted bases (using a quarterly measuring convention) in tangible property depreciable under Sec.
How is QBAI calculated?
When a tested income CFC has a CFC inclusion year of less than 12 months, the CFC’s QBAI is the sum of the aggregate adjusted bases in its specified tangible property at the close of each full quarter divided by four (quarters in a year), plus the aggregate adjusted bases in the specified tangible property at the close …
What is tested interest expense?
The term tested interest expense means, with respect to a controlled foreign corporation for a CFC inclusion year, interest expense paid or accrued by the controlled foreign corporation that is allocated and apportioned to gross tested income of the controlled foreign corporation for the CFC inclusion year under § …
Who qualifies for Fdii?
Under the FDII proposed regulations, a related-party sale of general property qualifies as FDDEI only if either (1) the foreign related party resells the property to an unrelated foreign person (either on its own or as a component part of other property), or (2) the seller reasonably expects the property to be used in …
How is Gilti income taxed?
Generally, GILTI is taxed at the corporate tax rate of 21%. Under the GILTI rules though, certain C corporation US shareholders can deduct 50% of their GILTI, which halves the effective corporate tax rate to 10.5%. In addition, they can claim foreign tax credits, lowering the US federal income tax due even further.