Instructions for Form 1120-RIC

Transcription

1 2003 Instructions for Form 1120-RIC U.S. Income Tax Return for Regulated Investment Companies Section references are to the Internal Revenue Code unless otherwise noted. Department of the Treasury Internal Revenue Service Contents Page While Taxpayer Advocates cannot change Frequently requested tax forms that may be Photographs of Missing Children the tax law or make a technical tax decision, filled in electronically, printed out for Unresolved Tax Issues...1 they can clear up problems that resulted from submission, and saved for recordkeeping. How To Get Forms and Publications...1 previous contacts and ensure that the fund s The Internal Revenue Bulletin. General Instructions...1 case is given a complete and impartial review. Buy the CD-ROM on the Internet at Purpose of Form from the National The fund s assigned personal advocate will Technical Information Service (NTIS) for $22 Who Must File...1 listen to its point of view and will work with the (no handling fee) or call CDFORMS RIC Requirements... 1 fund to address its concerns. The fund can ( ) toll free to buy the CD-ROM Definition of a Fund...2 expect the advocate to provide: for $22 (plus a $5 handling fee). When To File...2 A fresh look at a new or on-going problem. By phone and in person. You can order Who Must Sign...2 Timely acknowledgement. forms and publications 24 hours a day, 7 days Paid Preparer Authorization...2 The name and phone number of the a week by calling TAX-FORM Other Forms and Statements That individual assigned to its case. ( ). You can also get most May Be Required Updates on progress. forms and publications at your local IRS office. Where To File...3 Timeframes for action. Assembling the Return...4 Speedy resolution. Courteous service. How To Access the Internal Accounting Methods...4 When contacting the Taxpayer Advocate, Accounting Periods...5 Revenue Bulletin (I.R.B.) the fund should be prepared to provide the Rounding Off to Whole Dollars...5 You can access the I.R.B. on the Internet at following information: Recordkeeping (post-1995 Bulletins only). Under The fund s name, address, and employer Depository Method of Tax Payment...5 contents, select Businesses. Under topics, identification number (EIN). Estimated Tax Payments...5 select More Topics. Then select Internal The name and telephone number of an Interest and Penalties...5 Revenue Bulletins. authorized contact person and the hours he or Specific Instructions...6 she can be reached. Period Covered...6 The type of tax return and year(s) involved. General Instructions Name and Address...6 A detailed description of the problem. Date Fund Was Established...6 Previous attempts to solve the problem and the office that was contacted. Purpose of Form Employer Identification Number (EIN)...6 A description of the hardship the fund is Use Form 1120-RIC, U.S. Income Tax Return Total Assets...6 facing (if applicable). for Regulated Investment Companies, to report Final Return, Name Change, Address The fund may contact a Taxpayer Advocate the income, gains, losses, deductions, credits, Change, or Amended Return... 6 by calling, (toll free). Persons and to figure the income tax liability of a Part I who have access to TTY/TDD equipment may regulated investment company as defined in Schedule A...9 call and ask for the Taxpayer section 851. Schedule B... 9 Advocate assistance. If the fund prefers, it may Schedule J and Tax Computation call, write, or fax the Taxpayer Advocate office Who Must File Worksheet for Members of a in its area. See Pub. 1546, The Taxpayer A domestic corporation that elects to be treated Controlled Group Advocate Service of the IRS, for a list of as a RIC for the tax year (or has made an Schedule K addresses and fax numbers. election for a prior tax year) and meets the Schedule L...12 requirements listed below must file Form Schedule M How To Get Forms 1120-RIC. The election is made by computing taxable income as a RIC on Form 1120-RIC. Photographs of Missing and Publications RIC Requirements Personal computer. You can access the IRS Children A corporation that elects to be treated as a RIC website 24 hours a day, 7 days a week, at The Internal Revenue Service is a proud must be a domestic corporation that: to: partner with the National Center for Missing Is registered with the Securities and Order IRS products online. and Exploited Children. Photographs of Exchange Commission throughout the tax year Download forms, instructions, and missing children selected by the Center may as a management company or unit investment publications. appear in instructions on pages that would trust under the Investment Company Act of See answers to frequently asked tax otherwise be blank. You can help bring these 1940 (the ICA), questions. children home by looking at the photographs Has an election in effect under the ICA to be Search publications online by topic or and calling THE-LOST treated as a business development company, keyword. ( ) if you recognize a child. or Send us comments or request help by . Is a common trust fund or similar fund that is Sign up to receive local and national tax neither an investment company under section Unresolved Tax Issues news by . 3(c)(3) of the ICA nor a common trust fund as You can also reach us using file transfer If the fund has attempted to deal with an IRS defined under section 584(a). protocol at ftp.irs.gov. problem unsuccessfully, it should contact the In addition, the corporation must meet the Taxpayer Advocate. The Taxpayer Advocate CD-ROM. Order Pub. 1796, Federal Tax requirements 1 through 5 below in order to independently represents the fund s interest Products on CD-ROM, and get: qualify as a RIC. and concerns within the IRS by protecting its Current year forms, instructions, and 1. At least 90% of its gross income rights and resolving problems that have not publications. (including tax-exempt interest income) must be been fixed through normal channels. Prior year forms and instructions. derived from the following items. Cat. No J

2 When To File Dividends, Call the IRS for information about the Interest, processing of the fund s return or the status of Generally, the fund must file its income tax Payments with respect to securities loans any related refund or payment(s), and return by the 15th day of the 3rd month after (as defined in section 512(a)(5)), Respond to certain IRS notices that the fund the end of its tax year. A new fund filing a short Gains from the sale or other disposition has shared with the preparer about math period return must generally file by the 15th of stock or securities (as defined in ICA section errors, offsets, and return preparation. The day of the 3rd month after the short period 2(a)(36)) or foreign currencies, or notices will not be sent to the preparer. ends. A fund that has dissolved must generally Other income (including gains from The fund is not authorizing the paid file by the 15th day of the 3rd month after the options, futures, or forward contracts) derived preparer to receive any refund check, bind the date it dissolved. from the company s business of investing in fund to anything (including any additional tax If the due date falls on a Saturday, Sunday, such stock, securities, or currencies. liability), or otherwise represent the fund before or legal holiday, the fund may file on the next the IRS. If the fund wants to expand the paid Income from a partnership or trust qualifies business day. preparer s authorization, see Pub. 947, under the 90% test to the extent the company s Private delivery services. Funds can use Practice Before the IRS and Power of Attorney. distributive share of such income is from items certain private delivery services designated by described above as realized by the partnership The authorization cannot be revoked. the IRS to meet the timely mailing as timely or trust. However, the authorization will automatically filing/paying rule for tax returns and payments. end no later than the due date (without regard Income that a RIC receives in the normal The most recent list of designated private to extensions) for filing the fund s 2004 tax course of business as a reimbursement from delivery services was published by the IRS in return. its investment advisor is qualifying income for September purposes of the 90% test if the reimbursement The list includes only the following. Other Forms and Statements is includible in the RIC s gross income. Airborne Express (Airborne): Overnight Air 2. At the end of each quarter of the Express Service, Next Afternoon Service, and That May Be Required company s tax year, at least 50% of the value Second Day Service. of its assets must be invested in the following DHL Worldwide Express (DHL): DHL Same Forms items. Day Service, and DHL USA Overnight. The fund may have to file some of the following Cash and cash items (including Federal Express (FedEx): FedEx Priority forms. See the form for more information. receivables), Overnight, FedEx Standard Overnight, FedEx Form W-2, Wage and Tax Statement; and Government securities, 2Day, FedEx International Priority, and FedEx Form W-3, Transmittal of Wage and Tax Securities of other RICs, and International First. Statements. Use these forms to report wages, Securities of other issuers, except that United Parcel Service (UPS): UPS Next Day tips, and other compensation, and withheld the investment in a single issuer of securities Air, UPS Next Day Air Saver, UPS 2nd Day income, social security, and Medicare taxes for may not exceed 5% of the value of the Air, UPS 2nd Day Air A.M., UPS Worldwide employees. company s assets or 10% of the outstanding Express Plus, and UPS Worldwide Express. The private delivery service can tell you Form W-2G, Certain Gambling Winnings. voting securities of the issuer (except as how to get written proof of the mailing date. Report gambling winnings from horse racing, provided in section 851(e)). See sections dog racing, jai alai, lotteries, keno, bingo, slot 851(b)(3) and 851(c). Extension of time to file. File Form 7004, machines, sweepstakes, wagering pools, etc. 3. At the end of each quarter of the Application for Automatic Extension of Time To File Corporation Income Tax Return, to request Form 926, Return by a U.S. Transferor of company s tax year, no more than 25% of the a 6-month extension of time to file. Property to a Foreign Corporation. Use this value of the company s assets may be invested form to report certain transfers to foreign in the securities (excluding government corporations under section 6038B. securities or securities of other RICs) of a Who Must Sign single issuer or in the securities of two or more Form 940 or Form 940-EZ, Employer s The return must be signed and dated by the issuers controlled by the RIC and engaged in Annual Federal Unemployment (FUTA) Tax president, vice president, treasurer, assistant the same or related trades or businesses. See Return. The fund may be liable for FUTA tax treasurer, chief accounting officer, or any other sections 851(b)(3) and 851(c). and may have to file Form 940 or Form 940-EZ corporate officer (such as tax officer) 4. The company s deduction for dividends if it either: authorized to sign. Receivers, trustees, or paid for the tax year (as defined in section 561, assignees must also sign and date any return 1. Paid wages of $1,500 or more in any but without regard to capital gain dividends) filed on behalf of a corporation. calendar quarter in 2002 or 2003 or equals or exceeds the sum of: 2. Had one or more employee who worked Note: If this return is being filed for a series 90% of its investment company taxable for the fund for at least some part of a day in fund (as discussed in section 851(g)(2)), the income determined without regard to section any 20 or more different weeks in 2002 or 20 return may be signed by any officer authorized 852(b)(2)(D); and or more different weeks in to sign for the RIC in which the fund is a series. 90% of the excess of the company s If an employee of the fund completes Form Form 941, Employer s Quarterly Federal Tax interest income excludable from gross income 1120-RIC, the paid preparer s space should Return. Employers must file this form to report under section 103(a) over its deductions remain blank. Anyone who prepares Form payroll income tax withheld and employer and disallowed under sections 265 and 171(a)(2) RIC but does not charge the fund should employee social security and Medicare taxes. 5. The company must have (a) been a RIC not complete that section. Generally, anyone Also, see Trust fund recovery penalty on for all tax years ending after November 7, who is paid to prepare the return must sign it page , or (b) had at the end of the current tax and fill in the Paid Preparer s Use Only area. Form 945, Annual Return of Withheld Federal year, no accumulated earnings and profits from The paid preparer must complete the Income Tax. File Form 945 to report income any non-ric tax year. required preparer information, sign the return in tax withheld from nonpayroll distributions or the space provided for the preparer s payments, such as the following income: Note: For this purpose, distributions after 2002 signature, and, give a copy of the return to the Pensions, annuities, IRAs, military are treated as made from the earliest earnings taxpayer. retirement, gambling winnings, and profits accumulated in any non-ric tax Indian gaming profits, and backup year. See section 852(c)(3). Also see section Paid Preparer Authorization withholding. 852(e) for procedures that may allow the RIC If the fund wants to allow the IRS to discuss its Also, see Trust fund recovery penalty on to avoid disqualification for the initial year the 2003 tax return with the paid preparer who page 6. RIC did not meet the requirement under 5(b) signed it, check the Yes box in the signature Form 966, Corporate Dissolution or above. area of the return. This authorization applies Liquidation. File Form 966 to report the Definition of a Fund only to the individual whose signature appears adoption of a resolution or plan to dissolve the in the Paid Preparer s Use Only section of the fund or liquidate any of its stock. A fund is a separate portfolio of assets, whose beneficial interests are owned by the holders of fund s return. It does not apply to the firm, if Form 972, Consent of Shareholder To Include a class or series of stock that is preferred over any, shown in that section. Specific Amount in Gross Income, and Form all other classes or series for that portfolio of If the Yes box is checked, the fund is 973, Corporation Claim for Deduction for assets. authorizing the IRS to call the paid preparer to Consent Dividends. Use these forms to report answer any questions that may arise during the a consent dividend under section 565 or to Note: As used in these instructions and Form processing of its return. The fund is also claim a consent dividend deduction under 1120-RIC, the term fund refers to the above authorizing the paid preparer to: section 561. definition and to any RIC that does not have Give the IRS any information that is missing Form 1042, Annual Withholding Tax Return more than one portfolio of assets. from the return, for U.S. Source Income of Foreign Persons; -2-

3 Form 5471, Information Return of U.S. Persons With Respect to Certain Foreign Where To File Corporations. The fund may have to file Form File the fund s return at the applicable IRS address listed below if it meets any of the following conditions: It controls a foreign corporation, It acquires, disposes of, or owns 10% or If the fund s principal And the total assets at the Use the following Internal more in value or vote of the outstanding stock of a foreign corporation, or business, office, or agency end of the tax year (Form Revenue Service Center It had control of a foreign corporation for an is located in: 1120-RIC, page 1, item D) address: uninterrupted period of at least 30 days during are: the annual accounting period of the foreign Connecticut, Delaware, District corporation. See Question 4, Schedule N of Columbia, Illinois, Indiana, (Form 1120). Kentucky, Maine, Maryland, Form 5472, Information Return of a 25% Massachusetts, Michigan, New Less than $10 million Cincinnati, OH Foreign-Owned U.S. Corporation or a Foreign Hampshire, New Jersey, New Corporation Engaged in a U.S. Trade or York, North Carolina, Ohio, Business. This form is filed if the fund is 25% Pennsylvania, Rhode Island, or more foreign-owned. See Question 5, Schedule K, on page 12. South Carolina, Vermont, $10 million or more Ogden, UT Virginia, West Virginia, Form 5498, IRA Contribution Information. Use Wisconsin this form to report contributions (including rollover contributions) to any IRA, including a Alabama, Alaska, Arizona, SEP, SIMPLE, or Roth IRA and to report Roth Arkansas, California, conversions, IRA recharacterizations, and the Colorado, Florida, Georgia, fair market value of the account. Hawaii, Idaho, Iowa, Kansas, Form 5498-ESA, Coverdell ESA Contribution Louisiana, Minnesota, Information. Use this form to report Mississippi, Missouri, Any amount Ogden, UT contributions (including rollover contributions) Montana, Nebraska, Nevada, and the fair market value of a Coverdell New Mexico, North Dakota, education savings account (ESA). Oklahoma, Oregon, South Form 5498-MSA, Archer MSA or Dakota, Tennessee, Texas, Medicare+Choice MSA Information. Report Utah, Washington, Wyoming contributions to an Archer MSA and the fair market value of an Archer MSA or Medicare+Choice MSA. Form 1042-S, Foreign Person s U.S. Source more to any one person in the course of its For more information, see the general and Income Subject to Withholding; and Form trade or business during the calendar year. specific Instructions for Forms 1099, 1098, 1042-T, Annual Summary and Transmittal of Form 1099-MSA. Report distributions from an 5498, and W-2G. Forms 1042-S. Use these forms to report and Archer MSA or Medicare+Choice MSA. Form 5713, International Boycott Report. send withheld tax on payments or distributions Form 1099-OID. Report original issue Funds that had operations in, or related to, made to nonresident alien individuals, foreign discount. certain boycotting countries file Form partnerships, or foreign corporations to the extent these payments constitute gross income Form 1099-PATR. Report distributions from Form 8275, Disclosure Statement, and Form from sources within the United States (see cooperatives to their patrons R, Regulation Disclosure Statement. sections 861 through 865). These forms are used to disclose items or Form 1099-R. Report distributions from positions taken on a tax return that are not Also, see sections 1441 and 1442, and pensions, annuities, retirement or profit-sharing otherwise adequately disclosed or that are Pub. 515, Withholding of Tax on Nonresident plans, any individual retirement arrangements contrary to Treasury regulations (to avoid parts Aliens and Foreign Entities. (IRAs) (including SEPs, SIMPLEs, Roth IRAs of the accuracy-related penalty or certain Form 1096, Annual Summary and Transmittal and Coverdell ESAs, Roth conversions and preparer penalties). of U.S. Information Returns. Use Form 1096 to IRA recharacterizations), or insurance contracts. Form 8281, Information Return for Publicly transmit Forms 1099, 1098, 5498, and W-2G to Offered Original Issue Discount Instruments. the Internal Revenue Service. Form 1099-S. Report gross proceeds from the Report the issuance of public offerings of debt Form 1098, Mortgage Interest Statement: sale or exchange of real estate transactions. instruments (obligations). Report the receipt from any individual of $600 Also use these returns to report amounts Form 8300, Report of Cash Payments Over or more of mortgage interest (including points) received as a nominee for another person. $10,000 Received in a Trade or Business. in the course of the fund s trade or business Form 2438, Undistributed Capital Gains Tax Report the receipt of more than $10,000 in and reimbursements of overpaid interest. Return. If the fund designates undistributed cash or foreign currency in one transaction or a Form 1099-A. Report Acquisitions and capital gains under section 852(b)(3)(D), it series of related transactions. abandonments of secured property. must file this return and pay tax on the gains Form 8613, Return of Excise Tax on Form 1099-B. Report proceeds from broker designated by the 30th day after the end of the Undistributed Income of Regulated Investment and barter exchange transactions. fund s tax year. In addition, a copy of Form Companies. If the fund is liable for the 4% Form 1099-C. Report cancellation of a debt (with Copy A of all Forms 2439) must be excise tax on undistributed income under attached to Form 1120-RIC when filed. section 4982 or makes an election under Form 1099-DIV. Report certain dividends and Form 2439, Notice to Shareholder of section 4982(e)(4), it must file this return for distributions. Undistributed Long-Term Capital Gains. If the the calendar year. Form 1099-INT. Report interest income. fund filed Form 2438, it must complete Form Form 8621, Return by a Shareholder of a Form 1099-LTC. Report certain payments 2439 for each shareholder for whom it paid tax Passive Foreign Investment Company or made under a long-term care insurance on undistributed capital gains and furnish a Qualified Electing Fund. Use this form to make contract, and certain accelerated death copy to the shareholder by the 60th day after certain elections by shareholders in a passive benefits. the end of the fund s tax year. foreign investment company and to figure Form 1099-MISC. Report miscellaneous Form 3520, Annual Return To Report certain deferred taxes. income (e.g., payments to certain fishing boat Transactions With Foreign Trusts and Receipt Form 8842, Election To Use Different crew members; payments to providers of of Certain Foreign Gifts. Use this form either if Annualization Periods for Corporate Estimated health and medical services; rent or royalty the fund received a distribution from a foreign Tax. Funds use Form 8842 to elect one of the payments; and nonemployee compensation, trust or if the fund was the grantor of, transferor annualization periods in section 6655(e)(2) to etc.). to, or transferor of a foreign trust that existed figure estimated tax payments under the Note: Every fund must file Form during the tax year. See Question 5, Schedule annualized income installment method MISC if it makes payments of rents, N (Form 1120). Form 8865, Return of U.S. Persons With commissions, or other fixed or determinable Form 5452, Corporate Report of Nondividend Respect To Certain Foreign Partnerships. A income (see section 6041) totaling $600 or Distributions. fund may have to file Form 8865 if it: -3-

4 1. Controlled a foreign partnership (i.e., calendar year as equal to 40% of the amount under Rev. Proc Also see Rev. Proc. owned more than a 50% direct or indirect determined under Temporary Regulations for transition rules concerning interest in the partnership). section T(j)(1)(i) for that calendar year. eligibility and effective dates for consents that 2. Owned at least a 10% direct or indirect To make this election, attach to Form are requested to become effective during interest in a foreign partnership while U.S RIC for the tax year that includes the last persons controlled that partnership. day of the calendar year for which the fund Assembling the Return 3. Had an acquisition, disposition, or makes the election, a statement that it is To ensure that the fund s tax return is correctly change in proportional interest in a foreign making an election under Temporary processed, attach all schedules and other partnership that: Regulations section T(j)(2). Once made, forms after page 4, Form 1120-RIC, and in the Increased its direct interest to at least the election remains in effect for all subsequent following order. 10% or reduced its direct interest of at least calendar years and may not be revoked 10% to less than 10%. 1. Schedule N (Form 1120). without IRS consent. See Temporary Changed its direct interest by at least a 2. Form 4136 and Form Regulations section T for definitions and 10% interest. 3. Additional schedules in alphabetical other details. 4. Contributed property to a foreign order. partnership in exchange for a partnership Notice to shareholders. A fund must notify its 4. Additional forms in numerical order. interest if: shareholders within 60 days after the close of Complete every applicable entry space on Immediately after the contribution, the its tax year of the distribution made during the Form 1120-RIC. Do not write See attached fund owned, directly or indirectly, at least a tax year that qualifies for the dividends instead of completing the entry spaces. If more 10% interest in the foreign partnership; or received deduction under section 243. For space is needed on the forms or schedules, The FMV of the property the fund purposes of the dividends-received deduction, attach separate sheets, using the same size contributed to the foreign partnership in a capital gain dividend received from a RIC is and format as the printed forms. If there are exchange for a partnership interest, when not treated as a dividend. supporting statements and attachments, added to other contributions of property made Consent to partnership election to close its arrange them in the same order as the to the foreign partnership during the preceding books monthly. Certain money market funds schedules or forms they support and attach 12-month period, exceeds $100,000. that obtain an interest in an eligible partnership them last. Show the totals on the printed forms. Also, the fund may have to file Form 8865 that invests in assets exempt from taxation Also, be sure to enter the fund s name and EIN to report certain dispositions by a foreign under section 103 may be qualified to pay on each supporting statement or attachment. partnership of property it previously contributed exempt-interest dividends to its shareholders. to that foreign partnership if it was a partner at To qualify for payment of exempt-interest Accounting Methods the time of the disposition. For more details, dividends, a fund must meet the quarterly net including penalties for failing to file Form 8865, asset value requirements under section An accounting method is a set of rules used to see Form 8865 and its separate instructions. 852(b)(5). To maintain the required net asset determine when and how income and value at the end of each quarter, the fund may expenses are reported. Figure taxable income Form 8886, Reportable Transaction take into account on a monthly basis its using the method of accounting regularly used Disclosure Statement. Use this form to disclose distributive share of partnership items if the in keeping the fund s books and records. information for each reportable transaction in eligible partnership makes a proper election to Generally, permissible methods include cash, which the RIC participated. Form 8886 must be close its books at the end of each month. See accrual, or any other method authorized by the filed for each tax year that the RIC enters into a Rev. Proc , IRB 572 for Internal Revenue Service. reportable transaction. The following are details. In all cases, the method used must clearly reportable transactions: (a) any transaction the Eligibility. A fund is entitled to take into show taxable income. If inventories are same as or substantially similar to tax account its distributive share of partnership required, the accrual method must be used for avoidance transactions identified by the IRS, items on a monthly basis if: sales and purchases of merchandise. (b) any transaction offered under conditions of confidentiality, (c) any transaction for which the The fund is entitled to hold itself out as a Accrual method. Generally, a fund must use RIC has contractual protection against money market fund, or an equivalent of a the accrual method of accounting if its average disallowance of the tax benefits, and (d) any money market fund. annual gross receipts exceed $5 million. See transaction resulting in a tax credit of more The fund provides a statement to the section 448(c). than $250,000, if the RIC held the asset partnership that it consents to the partnership s Under the accrual method, an amount is generating the credit for 45 days or less. election to close its books monthly and that the includible in income when: fund will include in its taxable income its Statements distributive share of partnership items in a All the events have occurred that fix the right manner consistent with the election. See Rev. to receive the income, which is the earliest of Stock ownership in foreign corporations. Proc for the required contents of the the date (a) the required performance takes Attach the statement required by section statement of consent. place, (b) payment is due, or (c) payment is 551(c) if: The fund provides the statement of consent received and The fund owned 5% or more in value of the to the custodian or manager of the partnership The amount can be determined with outstanding stock of a foreign personal holding by the last day of the second month after the reasonable accuracy. company and month in which the fund acquires the See Regulations section (a) for The fund was required to include in its gross partnership interest. details. income any undistributed foreign personal The partnership is eligible under Rev. Proc. holding company income from a foreign Generally, an accrual basis taxpayer can to make the monthly closing election personal holding company. deduct accrued expenses in the tax year when: and the election is effective by the second All events that determine the liability have Transfers to a corporation controlled by the month after the month in which the fund occurred, transferor. If the fund receives stock of a acquires the partnership interest. The amount of the liability can be figured corporation in exchange for property, and no Statement of consent. The consent to a with reasonable accuracy, and gain or loss is recognized under section 351, partnership s monthly closing election is Economic performance takes place with the fund (transferor) and the transferee must effective for the month in which the fund respect to the expense. each attach to their tax returns the information acquires the partnership interest, unless the There are exceptions to the economic required by Regulations section fund requests that the consent be effective for performance rule for certain items, including Safe harbor under Temporary Regulations either of the two immediately following recurring expenses. See section 461(h) and section T(j)(2). Generally, shareholders calendar months. In addition to timely providing the related regulations for determining when in a nonpublicly offered fund that are the partnership with the statement of consent, economic performance takes place. individuals or pass-through entities are treated the statement should be filed with the fund s Mark-to-market accounting method. as having received a dividend in an amount Form 1120-RIC for the first tax year in which Generally, dealers in securities must use the equal to the shareholder s allocable share of the consent is effective. The monthly closing mark-to-market accounting method described affected RIC expenses for the calendar year. consent (and the partnership s election) may in section 475. Under this method, any security They are also treated as having paid or be revoked only with the consent of the that is inventory to the dealer must be included incurred an expense described in section 212 Commissioner. However, the fund s consent in inventory at its fair market value (FMV). Any (and subject to the 2% limitation on becomes ineffective on any day when the fund security held by a dealer that is not inventory miscellaneous itemized deductions) in the ceases to be an eligible partner and the and that is held at the close of the tax year is same amount for the calendar year. partnership s monthly closing election is treated as sold at its FMV on the last business Election. A nonpublicly offered fund may terminated as of the first day of any month the day of the tax year. Any gain or loss must be elect to treat its affected RIC expenses for a partnership is no longer eligible for the election taken into account in determining gross -4-

5 Rounding Off to Whole Dollars income. The gain or loss taken into account is Deposit Processing, P.O. Box , St. generally treated as ordinary gain or loss. Louis, MO Make the check or money For details, including exceptions, see order payable to Financial Agent. section 475, the related regulations, and Rev. The fund may round off cents to whole dollars To help ensure proper crediting, write the Rul. 94-7, C.B on its return and schedules. If the fund does fund s EIN, the tax period to which the deposit round to whole dollars, it must round all applies, and Form 1120-RIC on the check or Dealers in commodities and traders in amounts. To round, drop amounts under 50 money order. Be sure to darken the 1120 box securities and commodities may elect to use cents and increase amounts from 50 cents to on the coupon. Records of these deposits will the mark-to-market accounting method. To 99 cents to the next dollar (for example, $1.39 be sent to the IRS. make the election, the fund must file a becomes $1 and $2.50 becomes $3). statement describing the election, the first tax For more information on deposits, see the year the election is to be effective, and in the If two or more amounts must be added to instructions in the coupon booklet (Form 8109) case of an election for traders in securities or figure the amount to enter on a line, include and Pub. 583, Starting a Business and commodities, the trade or business for which cents when adding the amounts and round off Keeping Records. the election is made. Except for new taxpayers, only the total. If the fund owes tax when it files Form the statement must be filed by the due date Recordkeeping 1120-RIC, do not include the payment (not including extensions) of the income tax! CAUTION with the tax return. Instead, mail or return for the tax year immediately preceding Keep the fund s records for as long as they deliver the payment with Form 8109 to an the election year and attached to that return, or may be needed for administration of any authorized depositary or use EFTPS, if if applicable, to a request for an extension of provision of the Internal Revenue Code. applicable. time to file that return. For more details, see Usually, records that support an item of Rev. Proc , C.B. 503, and income, deduction, or credit on the return must sections 475(e) and (f). be kept for 3 years from the date the return is Estimated Tax Payments Change in accounting method. To change due or filed, whichever is later. Keep records Generally, the following rules apply to the its method of accounting used to report taxable that verify the fund s basis in property for as fund s payments of estimated tax. income (for income as a whole or for any long as they are needed to figure the basis of the original or replacement property. The fund must make installment payments of material item), the fund must file Form 3115, estimated tax if it expects its total tax for the Application for Change in Accounting Method. The fund should keep copies of all filed year (less applicable credits) to be $500 or For more information, see Form 3115 and Pub. returns. They help in preparing future and more. For estimated tax purposes, the 538, Accounting Periods and Methods. amended returns. estimated tax of the fund is defined as its Section 481(a) adjustment. The fund may alternative minimum tax less the credit for have to make an adjustment to prevent amounts of income or expenses from being duplicated. This is called a section 481(a) adjustment. The section 481(a) adjustment period is generally 1 year for a net negative adjustment and 4 years for a net positive adjustment. However, a fund may elect to use a 1-year adjustment period if the net section 481(a) adjustment for the change is less than $25,000. The fund must complete the appropriate lines of Form 3115 to make the election. Include any net positive section 481(a) adjustment on Form 1120-RIC, line 7. If the net section 481(a) adjustment is negative, report it on Form 1120-RIC, line 22. Depository Method of Tax Payment Federal tax on fuels. The installments are due by the 15th day of the 4th, 6th, 9th, and 12th months of the tax The fund must pay the tax due in full no later year. If any date falls on a Saturday, Sunday, than the 15th day of the 3rd month after the or legal holiday, the installment is due on the end of the tax year. The two methods of next regular business day. depositing income taxes, including capital Use Form 1120-W, Estimated Tax for gains tax, are discussed below. Corporations, as a worksheet to compute Electronic Deposit Requirement estimated tax. If the fund does not use EFTPS, use the The fund must make electronic deposits of all deposit coupons (Forms 8109) to make depository taxes (such as employment tax, deposits of estimated tax. excise tax, and income tax) using the For more information on estimated tax Electronic Federal Tax Payment System payments, including penalties that apply if the (EFTPS) in 2004 if: fund fails to make required payments, see the The total deposits of such taxes in 2002 instructions for line 29 on page 9. were more than $200,000 or Overpaid estimated tax. If the fund overpaid The fund was required to use EFTPS in estimated tax, it may be able to get a quick Accounting Periods refund by filing Form 4466, Corporation A fund must figure its taxable income on the Depositing on time. If the fund is required to Application for Quick Refund of Overpayment basis of a tax year. A tax year is the annual use EFTPS and fails to do so, it may be of Estimated Tax. The overpayment must be at accounting period a fund uses to keep its subject to a 10% penalty. If the fund is not least 10% of the expected income tax liability records and report its income and expenses. required to use EFTPS, it may participate and at least $500. To apply for a quick refund, Funds can use a calendar year or a fiscal year. voluntarily. To enroll in or get more information file Form 4466 before the 16th day of the 3rd For more information about accounting about EFTPS, call or month after the end of the tax year, but before periods, see Regulations section , To enroll online, visit the fund files its income tax return. Do not file , and Pub Form 4466 before the end of the fund s tax For EFTPS deposits to be made timely, the year. Calendar year. If the calendar year is adopted as the annual accounting period, the fund must fund must initiate the transaction at least one maintain its books and records and report its business day before the date the deposit is Interest and Penalties income and expenses for the period from due. Interest. Interest is charged on taxes paid late January 1 through December 31 of each year. Deposits With Form 8109 even if an extension of time to file is granted. Fiscal year. A fiscal year is 12 consecutive Interest is also charged on penalties imposed If the fund does not use EFTPS, deposit fund months ending on the last day of any month for failure to file, negligence, fraud, substantial income tax payments (and estimated tax except December. A week year is a valuation misstatements, and substantial payments) with Form 8109, Federal Tax fiscal year that varies from 52 to 53 weeks. understatements of tax from the due date Deposit Coupon. If you do not have a (including extensions) to the date of payment. Adoption of tax year. A fund adopts a tax preprinted Form 8109, use Form 8109-B to The interest charge is figured at a rate year when it files its first income tax return. It make deposits. You can get this form by calling determined under section must adopt a tax year by the due date (not Be sure to have your EIN including extensions) of its first income tax ready when you call. Penalty for late filing of return. A fund that return. does not file its tax return by the due date, Do not send deposits directly to an IRS including extensions, may be penalized 5% of Change of tax year. Generally, a fund must office; otherwise, the fund may have to pay a the unpaid tax for each month or part of a get the consent of the IRS before changing its penalty. Mail or deliver the completed Form month the return is late, up to a maximum of tax year by filing Form 1128, Application To 8109 with the payment to an authorized 25% of the unpaid tax. The minimum penalty Adopt, Change, or Retain a Tax Year. depositary (i.e., a commercial bank or other for a return that is over 60 days late is the However, under certain conditions, a fund may financial institution authorized to accept smaller of the tax due or $100. The penalty will change its tax year without getting the consent. Federal tax deposits). Make checks or money not be imposed if the fund can show that the For more information on change of tax year, orders payable to the depositary. failure to file on time was due to reasonable see Form 1128, Regulations section , If the fund prefers, it may mail the coupon cause. Funds that file late must attach a and Pub and payment to Financial Agent, Federal Tax statement explaining the reasonable cause. -5-

6 Penalty for late payment of tax. A fund that If the fund has not received its EIN by the time Line 5 Excess of Net does not pay the tax when due generally may the return is due, write Applied for in the be penalized Short-Term Capital Gain Over 1 /2 of 1% of the unpaid tax for space for the EIN. See Pub. 583 for details. each month or part of a month the tax is not Note: The online application process is not yet Net Long-Term Capital Loss paid, up to a maximum of 25% of the unpaid available for funds with addresses in foreign Enter the excess of net short-term capital gain tax. The penalty will not be imposed if the fund countries or Puerto Rico. over net long-term capital loss from Schedule can show that the failure to pay on time was D (Form 1120), line 12. due to reasonable cause. Item D Total Assets Note: Every sale or exchange of a capital Trust fund recovery penalty. This penalty Enter the fund s total assets (as determined by asset must be reported in detail on Schedule D may apply if certain income, social security, the accounting method regularly used in (Form 1120), even though no gain or loss is and Medicare taxes that must be collected or keeping the fund s books and records) at the indicated. withheld are not collected or withheld, or these end of the tax year. If there are no assets at taxes are not paid. These taxes are generally the end of the tax year, enter the total assets Line 7 Other Income reported on Forms 941 or 945 (see Other as of the beginning of the tax year. Enter any other taxable income not reported on Forms and Statements That May Be lines 1 through 6, except net capital gain that is Required on page 2). The trust fund recovery Item E Final Return, Name reported in Part II. List the type and amount of penalty may be imposed on all persons who Change, Address Change, or income on an attached schedule. If the fund are determined by the IRS to have been Amended Return has only one item of other income, describe it responsible for collecting, accounting for, and If the fund ceases to exist, file Form in parentheses on line 7. Examples of other paying over these taxes, and who acted 1120-RIC and check the Final return box. income to report on line 7 include: willfully in not doing so. The penalty is equal to If the fund changed its name since it last Gross rents. the unpaid trust fund tax. See the instructions filed a return, check the box for Name Recoveries of fees or expenses in for Pub. 15 (Circular E), Employer s Tax change. Generally, a fund also must have settlement or litigation. Guide, for more details, including the definition amended its articles of incorporation and filed The amount of credit for alcohol used as fuel of responsible person. the amendment with the state in which it was (determined without regard to the limitation Other penalties. Other penalties can be incorporated. based on tax) entered on Form 6478, Credit imposed for negligence, substantial If the fund has changed its address since it for Alcohol Used as Fuel. understatement of tax, and fraud. See sections last filed a return, check the box for Address Refunds of taxes deducted in prior years to 6662 and change. the extent they reduced income subject to tax If the fund is amending its return, check the in the year deducted (see section 111). Do not box for Amended return, complete the entire offset current year taxes against tax refunds. return, correct the appropriate lines with the The amount of any deduction previously Specific Instructions new information, and refigure the fund s tax taken under section 179A that is subject to liability. Attach a statement that explains the recapture. The fund must recapture the benefit reason for the amendments and identifies the of any allowable deduction for qualified Period Covered lines being changed on the amended return. clean-fuel vehicle property (or clean-fuel File the 2003 return for calendar year 2003 and vehicle refueling property) if the property, later, fiscal years that begin in 2003 and end in Note: If a change in address occurs after the ceases to qualify. See Regulations section For a fiscal year return, fill in the tax year return is filed, use Form 8822, Change of 1.179A-1 for details. space at the top of the form. Address, to notify the IRS of the new address. Ordinary income from trade or business activities of a partnership (from Schedule K-1 Note: The 2003 Form 1120-RIC may also be (Form 1065 or 1065-B)). Do not offset ordinary used by the fund if: Part I Investment losses against ordinary income. Instead, The fund has a tax year of less than 12 include the losses on line 22, Form 1120-RIC. months that begins and ends in 2004 and Company Taxable Income Show the partnership s name, address, and The 2004 Form 1120-RIC is not available at EIN on a separate statement attached to this the time the fund is required to file its return. Income return. If the amount entered is from more than The fund must show its 2004 tax year on the one partnership, identify the amount from each 2003 Form 1120-RIC and take into account Line 1 Dividends partnership. any tax law changes that are effective for tax years beginning after December 31, A fund that is the holder of record of any share of stock on the record date for a dividend Deductions payable on that stock must include the Name and Address dividend in gross income by the later of (a) the Limitations on Deductions Type or print the RIC s true name (as set forth date the share became an ex-dividend or (b) Direct and indirect costs (including taxes) in the charter or other legal document creating the date the company acquired the share. allocable to real or tangible personal it) and address on the appropriate lines. property constructed or improved by the Include the suite, room, or other unit number Line 2 Interest taxpayer. Such costs must be capitalized in after the street address. If the Post Office does Enter taxable interest on U.S. obligations and accordance with section 263A. not deliver mail to the street address and the on loans, notes, mortgages, bonds, bank deposits, corporate bonds, tax refunds, etc. Transactions between related taxpayers. fund has a P.O. box, show the box number Generally, an accrual basis taxpayer may only instead. Do not offset interest expense against deduct business expenses and interest owed interest income. to a related party in the year the payment is Item B Date Fund Was Special rules apply to interest income from included in the income of the related party. See Established certain below-market-rate loans. See section sections 163(e)(3), 163(j), and 267 for If this return is being filed for a series fund (as 7872 for more information. limitations on deductions for unpaid interest described in section 851(g)(2)), enter the date and expenses. Line 3 Net Foreign the fund was created. Otherwise, enter the Golden parachute payments. A portion of date the RIC was incorporated or organized. Currency Gain or (Loss) the payments made by a fund to key personnel From Section 988 Transactions that exceeds their usual compensation may not Item C Employer Enter the net foreign currency gain or (loss) be deductible. This occurs when the fund has Identification Number (EIN) from section 988 transactions that is treated as an agreement (golden parachute) with these ordinary income or loss under section key employees to pay them these excessive Enter the fund s EIN. If the fund does not have 988(a)(1)(A). Attach a schedule detailing each amounts if control of the fund changes. See an EIN, it must apply for one. An EIN may be separate transaction. section 280G. applied for: Online Click on the EIN link at Business startup expenses. Business Line 4 Payments With The EIN is startup expenses must be capitalized unless issued immediately once the application Respect to Securities Loans an election is made to amortize them over a information is validated. Enter the amount received or accrued from a period of 60 months. See section 195 and By telephone at from 7:30 broker as compensation for securities loaned Regulations section a.m. to 5:30 p.m. in the fund s local time zone. by the fund to the broker for use in completing Section 265(a)(3) limitation. If the fund paid By mailing or faxing Form SS-4, Application market transactions. The payments must meet exempt-interest dividends during the tax year for Employer Identification Number. the requirements of section 512(a)(5). (including those dividends deemed paid under -6-