Foreign Tax Credit Form Revised

The IRS is requesting comments to proposed changes to Form 1118, Foreign Tax Credit—Corporations . U.S. corporate taxpayers use the form to compute the foreign tax credit for certain taxes paid or accrued to foreign countries or U.S. possessions. As noted in IRS Announcement 2007-62; 2007-29 IRB 1, the changes are a response to amendments to IRC § 904 relating to the number of ­separate foreign tax credit limitation ­categories and the effect of overall domestic losses.

The changes, contained in the American Jobs Creation Act (AJCA) of 2004, generally reduced the number of separate categories under section 904(d) from eight to two, effective for tax years be­ginning after Dec. 31, 2006. The AJCA also added section 904(g), which provides for recharacterization of U.S.-source income as foreign-source income in cases in which a taxpayer’s foreign tax credit limitation has been reduced in an earlier year as the result of an overall domestic loss.

Comments on the revised Form 1118 can be mailed to Tax Products Coordinating Committee, Internal Revenue Service, SE:W:CAR:MP:T, Room 6406, 1111 ­Con­sti­tution Ave., N.W., Washington, DC 20224, or e-mailed to tfpmail@publish.no.irs.gov . Comments must be received by Sept. 10. The proposed revisions can be viewed at www.irs.gov/taxpros/lists/0,,id=97782,00.html .