Deductions

Line 6-—Federal and foreign income,
war profits, and excess profits
taxes.—Attach a schedule showing the
kind of tax, the tax year, and the
amount. Under section 545(b)(1), the
company can deduct Federal income
taxes accrued during the tax year, but
not the accumulated earnings tax
under section 531 or the personal
halding company tax under section

The foreign tax credit is not allowed
against personal holding company tax.
A deduction is allowed, however, for
income, war profits, and excess profits
taxes accrued (or considered paid
under sections 902(a) or 960(a)(1)(C))
during the tax year to foreign countries
and U.S. possessions. This is true if the
corporation claims a credit for the taxes
in figuring its income tax.

Line 7—Contributions.—Section
545(b)(2) provides a different
limitation for charitable contributions
for figuring the personal holding
company tax than the 10% limitation
used in determining the corporate
income tax. The limitations on
charitable deductions of individuals
apply, but are applied to the taxable
income to which the 10% limitation
applied. However, figure taxable
income without deducting the amount
disallowed under section 545(b)(6),
(excess expenses and depreciation).

The contribution carryover under
section 170(d) is not allowed when
figuring personal holding company tax.

Line 8—Net operating loss.—Section
545(b)(4) provides that instead of the
net operating loss deduction provided
in section 172, a deduction is allowed
for the net operating loss (as defined in
section 172(c)) for the preceding tax
year figured without the deductions
provided in part Vill (except section
248) of subchapter B.

Line 10—Amounts used or
irrevocably set aside.—Subject to the
limitations in section 545(c), section
545(c)(1) allows a deduction for
amounts used, or irrevocably set aside,
to the extent reasonable, to pay or
retire qualified indebtedness as defined
in section 545(c)(3). This deduction
applies only to corporations described
in section 545(c)(2).

Page 4

Any corporation taking this
deduction must provide detailed
information and any necessary
computation showing it is a corporation
described in section 545(c)(2)(A). To
the extent that it succeeds to the
deduction by section 381(c)(15), it
must submit detailed information
showing that the distributor or
transferor corporation was a
corporation described in section
545(c)(2)(A).

Acorporation succeeding to the
deduction must adjust its qualified
indebtedness to take this indebtedness
into account.

The corporation must establish that
the amount reported as a deduction is
reasonable. Attach a statement giving
a description of the indebtedness, date
incurred or assumed, date due, and
plan for payment or retirement of the
obligations (indicating date and
method of adoption). If the plan is
covered by a mandatory sinking fund
agreement or similar arrangement,
include a copy of the indenture or
agreement by which the fund was
established and under which it is
maintained.

The statement must also include:

@ Amount of indebtedness on
January 1, 1964; and

© Total amounts used or
irrevocably set aside to pay or retire the
indebtedness in earlier tax years
beginning on and after January 1,
1964; and

@ Amount actually used during the
tax year to pay or retire the
indebtedness; and

@ Amount irrevocably set aside
during the tax year to pay or retire the
indebtedness but not actually used
during the tax year for that purpose.

Also, the statement must
indicate if the deduction claimed
represents:

@ Anamount actually used during
the tax year to pay or retire the
indebtedness; or

@ An amount irrevocably set aside
during the tax year to pay or retire the
indebtedness; or

 Acombination of the two.

If the amount reported as a
deduction on line 10 represents an
amount irrevocably set aside, and not
used to pay or retire the indebtedness,
attach a statement explaining the
circumstances and method by which it
was irrevocably set aside.

The corporation must also provide a
schedule for amounts described in sec-
tion 545(c)(5) that reduce the amounts
used or irrevocably set aside to pay or
retire qualified indebtedness.

Section 545(c)(4) allows
corporations to elect to treat as
nondeductible certain amounts used or
irrevocably set aside to pay or retire
qualified indebtedness that are
otherwise deductible under section
545(c)(1). See regulations section
1.545-3(e) for time and manner of
making the election.

Line 11—Deduction for dividends
paid.— Enter this deduction from
Schedule B. The rules in section 562
apply in determining the deduction for
dividends paid.

Line 14—Dividends paid after the
end of the tax year.—Enter on line 14,
and not in Schedule B, the dividends
paid after the end of the tax year and
before the 16th day of the third month
following the end of the tax year, if the
corporation elects to have the
dividends considered as paid during
that tax year.

Do not include on line 11 or line 14
deficiency dividends paid under
section 547.

Line 15—Undistributed personal
holding company income of certain
foreign corporations.—If 10% or less
in value of the outstanding stock of a
foreign corporation is owned (see
section 958(a)) during the last half of
the tax year by U.S. persons,
undistributed personal holding
company income is determined by
multiplying the undistributed personal
holding company income (determined
without this instruction) by the
percentage in value of the corporation’s
outstanding stock. This percentage is
figured by using the greatest
percentage in value of its outstanding
stock owned by the U.S. persons on any
one day during the period.


SCHEDULE PH Computation of U.S.

OMB No. 1545-0123

(Form 1120) Personal Holding Company Tax 19 83
intemal Revenue Serves. > Attach to your tax return.
Name Employer identification number

Computation of Undistributed Personal Holding Company Income

1 Taxable income before net operating loss deduction and special deductions (Form 1120, line 28
4 as modified for section 465 losses, section 189 limitations, or section 280 limitations—see
2 instructions for line 1) . 1
= 2 Contributions deducted in figuring line 1 (Form 1120, ‘ine 19). 2
z 3 Excess expenses and depreciation under section 545(b)(6) (Schedule A, ‘ine 2) 3
4 Amount added to taxable income when a lien in favor of the U.S. is satisfied or released . c)
5 Total—Add lines 1 through 4 . 5
6 Federal and foreign income, war profits, and excess profits taxes Tot deducted | in vie Tine 7
(attach schedule) . 6
7 Contributions deductible under section 545(b)(2) (ee line 7 instructions for limitation). 7
8 Net operating loss for the preceding tax year (deductible under section prolXa)) - 8
9 a Netcapital gain (from separate Schedule D (Form 1120), line 10)
b Less: Income tax on this net capital gain (see section 545(b)(5)—|
a attach computation) . 9b =
5 10 Amounts used or irrevocably set aside to pay: or retire qualified indebted ness (see instructions for
3 line 10) . 10
11 Deduction for dividends paid (tert dividends paid after the end of the ‘tax year (chee B,
2 11
a line 5)). So ee Se ee
12  Total—Add lines 6 through 11 . 12
13  Subtractline 12 fromline5 . 13
14 Dividends paid after the end of the tax year (other than deficiency dividends. defined ir in section
547(d)) but not more than the smaller of line 13 or 20% of Schedule B, line 1 . 14
15 Undistributed personal holding company income—Subtract line 14 from line ‘13. Foreign
corporations—see instructions for line 15 15
5 16 Personal holding company tax (enter 50% of Tine 15 here and on: Schedule f (Form 1120),
e line 7; or the proper line of the appropriate tax return) . 16

INFORMATION REQUIRED UNDER SECTION 6501(f). If the information on income and stock ownership is not submitted
with the corporation's return, the limitation period for assessment and collection of personal holding company tax is 6 years.

Personal Holding Company Income

a aw

ROwON

ee

12

Dividends . Fe ee - LJ
a Interest... 2a =
b Less: Amount excluded under section 543(b\2\C) (attach schedule, [ 2B =
Royalties (other than mineral, oil, gas or copyright royalties) . wo |
Annuities . Se . LA]
a Rents... 5a

b Less: Adjustments described in section 543(0\2\A) (attach schedule) | 5b

a Mineral, oil, andgasroyalties . . . 6a

b Less: Adjustments described in section n 54028) cts scale) 6b

Copyright royalties . aan . 7
Produced film rents . . . 8
Compensation received for use of corporation property by shareholder 9
Amounts received under personal service contracts and from their sale 10
Amounts received from estates and trusts . 11
Total personal holding company income—Add lines 1 through 11 . 12

For Paperwork Reduction Act Notice, see page 1 of Form 1120 instructions.

‘Schedule PH (Form 1120) 1983


‘Schedule PH (Form 1120) 1983

Page 2

Stock Ownership. Enter the names and addresses of the individuals who together owned, directly or indirectly at any time during the

last half of the tax year, more than 50% in value of the out

standing stock of the corporation.

Name

Address

Highest percentage of shares
owned during last half of tax year

Preferred Common

SCHEDULE A.—Excess of Expenses and Depreciation Over Income From Property Not Allowable Under Section

545(b)(6) (See instruction for line 3)

e. Repairs, in-

surance, and other

&. Income from

b. Date ¢. Cost or other ‘ati hh. Excess (col. f
a. Kind of property acquired stor d. Depreciation expenses (section entor other lesseol'g)
schedule)

2 Total excess of expenses and depreciation over rent or other compensation. Enter here and on line 3, page 1.
Note: Attach a statement showing the names and addresses of persons from whom rent or other compensation w was

received for the use of, or the right to use, each property .

SCHEDULE B.—Deduction for Dividends Paid (See instruction for line 11)

1 Taxable dividends paid (do not include dividends considered as paid in the preceding. tax year under

section 563, or deficiency dividends as defined in section 547) .
2 Consent dividends (attach Forms 972 and 973) .

3 Taxable distributions—Add lines 1 and 2

4 Dividend carryover from first and second preceding tax years (attach computation) .

5 Deduction for dividends paid—Add lines 3 and 4. Enter here and on line 11, page 1.



General Instructions

(References are to the Internal Revenue Code, unless
otherwise noted.)

Purpose of Form

This schedule is used to figure personal
holding company tax.

Who Must File

Every personal holding company must
have this schedule attached to its in-
come tax return.

Definitions

Personal Holding Company.—A
corporation is a personal holding
company if:

@ Atleast 60% of its adjusted
ordinary gross income, defined in
section 543(b)(2), for the tax year is
personal holding company income as
defined in section 543(a); and

@ Atany time during the last half of
the tax year more than 50% in value of
its outstanding stock is owned, directly
or indirectly, by not more than 5
individuals.

For exceptions to the term ‘‘personal
holding company," see section 542(c).

Individual.—An organization
described in section 401(a),
501(c)(17), or 509(a), or a part of a
trust permanently set aside or to be
used exclusively for the purpose
described in section 642(c) is also
considered an individual, except as
provided in section 701(0) of Public
Law 95-600. See section 542(a)(2).
Foreign Corporation.—A foreign
corporation is not a personal holding
company if all its outstanding stock
during the last half of the tax year is
owned by nonresident alien individuals,
directly or indirectly. An exception isa
foreign corporation that has income to
which section 543(a)(7) applies.

Foreign Corporations Must File a
Return.—If a foreign corporation that
is a personal holding company does not
file Schedule PH as required, the
corporation will be charged a penalty.
The penalty is 10% of the corporation's
Federal income taxes (including the
personal holding company tax) and is in
addition to any other penalties charged
the corporation. See section 6683.

Note: For a foreign corporation all of
whose outstanding stock during the last
half of the tax year is owned directly or
indirectly by nonresident alien
individuals, taxable income for section
545(a) is only income received undera
contract for personal services as
described in section 543(a)(7). This
income must be reduced by deductions
for that income, and have special
adjustments made to the income, as
provided in section 545(b).

Specific Instructions

These instructions are numbered to
correspond with the line numbers on
page 1 of Schedule PH (Form 1120).
Other line items on the form are self-
explanatory.

Additions

Line 1—Taxable income before net
operating loss deduction.—Enter the
amount shown on Form 1120, page 1,
line 28. If you figured the income on
line 28 using section 443(b), (placing
the income on an annual basis),
refigure it without that section.
However, adjust it for sections 189,
280, and 465.

See section 189 for limitations on
deductions for construction period
interest and taxes on real property
other than low income housing.

See section 280 for the limitation on
deduction of certain expenditures
incurred in the production of films,
books, or similar property.

Section 465 contains special at risk
rules that generally limit a personal
holding company’s losses. The at risk
rules may apply to a personal holding
company engaged in any activity as a
trade or business or for the production
of income. However, the rules do not
apply to the holding of real property
other than mineral property.

Section 465(d) losses are generally
limited to the total for which the
personal holding company is at risk for
each separate activity at the end of the
tax year. Generally, the corporation is at
risk for an activity for amounts described
in sections 465(b)(1) and (2). The
amounts borrowed are not considered to
be at risk if they are excluded under
sections 465(b)(3) and (4).

|f the corporation is involved in more
than one activity, one or more of which
incurs a loss for the year, report the
losses for each activity separately.
Attach Form 6198, Computation of
Deductible Loss from an Activity
Described in Section 465(c), showing
the amount at risk and gross income
and deductions for the activities with
the losses.

If a loss from an activity is more than
the amount the personal holding
company is at risk for the activity at the
end of the tax year, the amount of that
loss that is included on line 28 of Form
1120 cannot be more than the amount
at risk for the activity.

If the personal holding company
disposes of an asset in, or its interest in
(either total or partial), an activity to
which the at risk rules apply, combine
the gain or loss on the disposition with
the profit or loss from the activity to
determine the net profit or loss from
the activity. If the personal holding
company has a net loss, it may be
limited because of the at risk rules.

Treat any loss from an activity not
allowed for the corporation’s 1982 tax
year by section 465 as a deduction for
the activity in 1983. Include this
deduction on line 26 of Form 1120.
See section 465(a).

If you are a foreign corporation
(whether or not engaged in a trade or
business within the United States) that
qualifies as a personal holding company
under section 542 but not as a foreign
personal holding company under
section 552, enter on line 1 the amount
figured under section 861 and not
under section 881(a).

Line 2—Contributions.—See
instructions for Form 1120.

Line 3—Expenses and depreciation.—
If the corporation earned rent or other
compensation for the use of, or right to
use, property that was less than the total
allowable expenses and depreciation,
complete Schedule A and enter the
excess on line 3.

You must make this adjustment
unless you establish, according to
section 545(b)(6), that the rent or
other compensation the corporation
received was the highest obtainable. If
none was received, you must show that
none was obtainable. The property
must be held in the course of a
business carried on for profit. There
must be a reasonable expectation that
the property's operation would result in
a profit, or that the property was
necessary to conduct the business.

The burden of proof is on the
corporation. For a corporation with
excess deductions you must, instead of
completing Schedule A, attach a
statement reporting the deductions
with the complete facts,
circumstances, and arguments to
support them. The statement must
include the information required by
regulations section 1.545-2(h)(2).

Line 4—Amount added to taxable
income.—lf any amount was deducted
under section 545(b)(9) in a tax year
beginning before 1977 for a lien that
was satisfied or released in a tax year
beginning on or after January 1, 1977,
you must include the amount deducted
in the corporation's income under
section 545. See Public Law 94-455,
sections 1951(b)(9)(A) and (B).

{f an amount is added, the
shareholders may elect to figure the tax
on dividends from the added income as
though they received them ratably over
the period the lien was in effect.

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