Form 8874 PDF Details

The IRS Form 8874 is a Form used to apply for exemption from the controlled foreign company (CFC) rules. The CFC rules are a set of tax rules that apply to certain U.S. shareholders of foreign corporations. If you are a U.S. shareholder of a foreign corporation, and would like to claim an exemption from the CFC rules, you must file Form 8874 with your tax return. There are several requirements that must be met in order to be exempt from the CFC rules, so it is important to understand them fully before filing for exemption. This article will provide an overview of the Form 8874 and the requirements for exemption from the CFC rules.

QuestionAnswer
Form NameForm 8874
Form Length2 pages
Fillable?No
Fillable fields0
Avg. time to fill out30 sec
Other namesf8874 when was irs form 8874 a 2004

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Form 8874

 

NEW MARKETS CREDIT

 

 

OMB No. 1545-1804

 

 

 

 

(Rev. January 2007)

 

 

 

 

 

 

 

 

 

 

 

 

Department of the Treasury

 

 

 

 

 

Attachment

Internal Revenue Service

 

Attach to your tax return.

 

 

Sequence No. 127

Name(s) shown on return

 

 

 

Identifying number

 

 

 

 

 

 

(a)

(b)

(c)

(d)

(e)

(f)

Name and address of the qualified

Employer identification

Date of initial

Amount of qualified

Credit

Credit ((d) (e))

community development entity (CDE)

number of CDE

investment

equity investment

rate

 

1

 

 

 

 

 

 

 

 

 

 

 

%

 

 

 

 

 

 

%

 

 

 

 

 

 

%

 

 

 

 

 

 

%

 

 

 

 

 

 

%

 

 

 

 

 

 

%

 

2 New markets credit from partnerships and S corporations

 

 

2

 

3Add lines 1 and 2. Partnerships and S corporations, report this amount on Schedule K; all others, report this amount on the applicable line of Form 3800, (e.g., line 1l of the 2006 Form

3800)

3

General Instructions

Qualified Equity Investment

 

 

Section references are to the Internal Revenue Code unless

A qualified equity investment is an interest in a qualified CDE

in the form of stock (other than nonqualified preferred stock) in

otherwise noted.

a corporation or a capital interest in a partnership that meets

 

What’s New

all of the following requirements.

 

 

● The tax liability limit is no longer figured on this form.

● You acquired the investment solely for cash at its original

issue (or from a taxpayer for whom the investment was a

Instead, it must be figured on Form 3800, General Business

qualified equity investment). The cash may be from borrowed

Credit.

funds, including a nonrecourse loan.

 

 

● Taxpayers that are not partnerships or S corporations, and

 

 

● Substantially all (at least 85%) of the cash is used to make

whose only source of this credit is from those pass-through

qualified low-income community investments. The 85%

entities, are not required to complete or file this form. Instead,

requirement is reduced to 75% for the seventh year of the

they can report this credit directly on line 1l of Form 3800.

7-year credit period.

 

 

● The IRS will revise the January 2007 version of the form only

 

 

● The investment was designated as a qualified equity

when necessary. Continue to use this version for tax years

investment by the CDE on its books and records for purposes

beginning after 2005 until a new revision is issued.

of the new markets credit.

 

 

 

 

 

Purpose of Form

Generally, a qualified CDE can designate an equity

investment as a qualified equity investment only if it applied

 

Use Form 8874 to claim the new markets credit for qualified

for and received a new markets credit allocation and entered

equity investments made in qualified community development

into an allocation agreement with the CDFI Fund before the

entities (CDEs). This credit is part of the general business

equity investment was made.

 

 

credit.

 

Qualified CDEs must provide taxpayers holding a

 

 

Definitions

TIP

qualified equity investment with a completed Form

8874-A when a qualified equity investment is

 

 

Qualified CDE

 

acquired.

 

 

A qualified CDE is a domestic corporation or partnership that

Exceptions. An equity investment in an entity that otherwise

qualifies as a qualified equity investment is eligible to be

meets the following requirements.

designated as a qualified equity investment if made prior to an

● Its primary mission is serving, or providing investment

allocation agreement only if either of the following applies.

capital for, low-income communities or persons.

● The equity investment was made on or after April 20, 2001,

● It maintains accountability to residents of low-income

and the designation of the equity investment as a qualified

communities through their representation on any governing

equity investment is made for a credit allocation received

board or advisory board of the entity.

under an allocation application submitted to the CDFI Fund no

● It is certified as a qualified CDE by the Community

later than August 29, 2002. If the entity in which the equity

Development Financial Institutions (CDFI) Fund of the

investment is made does not receive an allocation under an

Department of the Treasury.

allocation application submitted no later than August 29, 2002,

Qualified CDEs also include specialized small business

the equity investment will not be eligible to be designated as a

investment companies and community development financial

qualified equity investment. For details, see Regulations

institutions. See section 45D(c)(2).

sections 1.45D-1(c)(3)(ii)(A) and 1.45D-1(c)(3)(iii).

 

 

 

 

 

 

For Paperwork Reduction Act Notice, see instructions.

 

Cat. No. 31663N

Form 8874 (Rev. 1-2007)

Form 8874 (Rev. 1-2007)

Page 2

The equity investment was made on or after the date the CDFI Fund publishes a Notice of Allocation Availability (NOAA) in the Federal Register, and the designation of the equity investment as a qualified equity investment is made for a credit allocation received under an allocation application submitted to the CDFI Fund under that NOAA. If the entity in which the equity investment is made does not receive an allocation under that NOAA, the equity investment will not be eligible to be designated as a qualified equity investment. For details, see Regulations sections 1.45D-1(c)(3)(ii)(B) and 1.45D-1(c)(3)(iii).

The maximum amount of equity investments so designated by the qualified CDE cannot exceed the amount of the allocation it received from the CDFI Fund. The names and addresses of qualified CDEs that have received an allocation for each allocation round and the amount of that allocation is listed on the CDFI Fund website at www.cdfifund.gov.

How To Figure the Credit

A credit generally is allowed to the holder of the qualified equity investment on each of 7 credit allowance dates. The credit allowance dates are the date you make the initial investment and each of the next 6 anniversary dates. The credit is equal to the qualified equity investment multiplied by 5% (6% for the 4th through 7th years). However, the credit is not allowed for a credit allowance date if the investment is not a qualified equity investment on that date.

Recapture of the Credit

You may have to increase your tax by a credit recapture amount if at any time within 7 years from the date of the original issuance of the qualified equity investment:

The entity ceases to be a qualified CDE,

Substantially all of the proceeds of the investment cease to be used to make qualified low-income community investments, or

The investment is redeemed or otherwise cashed out by the entity.

Exception. If a CDE fails to use substantially all of the proceeds of a qualified equity investment to make qualified low-income community investments, the CDE may avoid recapture of the credit if it corrects the failure within 6 months after the date it becomes aware (or reasonably should have become aware) of the failure. Only one correction is permitted for each qualified equity investment during the 7-year credit period.

See section 45D(g) and Regulations section 1.45D-1(e) for details, including how to figure the credit recapture amount. Generally, include the credit recapture amount on the line for recapture taxes on your income tax return for the year in which the recapture event occurs. For example, the credit recapture amount on a 2006 Form 1040 is reported on line 63 (total tax) and the amount on a 2006 Form 1120 is reported on Schedule J, line 9 (Other taxes).

You are not subject to recapture of the credit solely because you sell or otherwise dispose of your investment. However, you cannot claim the credit for any credit allowance date after the disposition.

Qualified CDEs must provide taxpayers holding a

TIP qualified equity investment with a completed Form 8874-B when a recapture event occurs.

Basis Reduction

You must reduce your basis in your qualified equity investment by the amount of the new markets credits allowed (even if part or all of the credit is not allowed for the current year and is carried forward). However, do not reduce your basis for purposes of figuring the exclusion of gain for:

Qualified small business stock under section 1202,

Certain DC zone assets under section 1400B, or

Certain qualified community assets under section 1400F.

Additional Information

For more details, see Pub. 954, Tax Incentives for Distressed Communities, section 45D, Regulations section 1.45D-1, or www.cdfifund.gov.

Specific Instructions

Line 1

Enter the information requested for each qualified equity investment held directly by you on a credit allowance date in the current tax year. In column (e), enter the credit rate. For the first, second, or third year of the 7-year credit period, enter “5.” For any later year, enter “6.”

If you need more space, attach a statement showing all the information requested for each qualified equity investment. On the last row on line 1, write “See attached” in column (a) and enter the total of the credit amounts from the attached statement in column (f).

Paperwork Reduction Act Notice. We ask for the information on this form to carry out the Internal Revenue laws of the United States. You are required to give us the information. We need it to ensure that you are complying with these laws and to allow us to figure and collect the right amount of tax.

You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the form displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as long as their contents may become material in the administration of any Internal Revenue law. Generally, returns and return information are confidential, as required by section 6103.

The time needed to complete and file this form will vary depending on individual circumstances. The estimated burden for individual taxpayers filing this form is approved under OMB control number 1545-0074 and is included in the estimates shown in the instructions for their individual income tax return. The estimated burden for all other taxpayers who file this form is shown below.

Recordkeeping

6 hr., 13 min.

Learning about the

 

law or the form

1 hr., 12 min.

Preparing and sending

 

the form to the IRS

1 hr., 20 min.

If you have comments concerning the accuracy of these time estimates or suggestions for making this form simpler, we would be happy to hear from you. See the instructions of the tax return with which this form is filed.