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Rialto California online Form 5471 (Schedule O): What You Should Know

Jason D. Knot. “I know this must sound scary. But it is not.” — A Treasury Analyst If a CFC shareholder does not complete his schedule O in the case of an initial (or re-organization) of a foreign corporation, he can be taxed on the CFC income and loss from the operation of his/her CFC. For example, if an initial CFC shareholder has 250,000 (10% of the CFC's total income) in the CFC, he/she can be taxed on 75,000 (10% of 250,000). If a CFC shareholder does complete his schedule O, his/her liability will be based on the amount that would be assessed for the CFC income and loss if the CFC had not been formed within the first year after the CFC was established or re-organization. For instance, if the CFC had been formed by converting into shares of 100 million, and then the owner failed to complete his/her schedule O of 5,000, the shareholder's tax liability would be based on the 90,000 per year in the tax on the CFC income, plus a 10% non-refundable penalty, plus 6% of the net earnings of the CFC. For a re-organization, the shareholder will have to complete his/her schedule O of the amount that would be assessed for the CFC income and loss from the operation of his/her new CFC. A shareholder's tax liability for a CFC is calculated on Schedule O as if the CFC shareholder did not fail to include the CFC income and loss in taxable income on the basis of the taxpayer's filing status and tax filing requirements, under penalty of perjury (see Rev. Pro. 2015-52, 2015-13 I.R.B. 690), and the applicable amount on the basis of section 897 of the tax code. Section 897(b). For CFC shareholders, this could include Form 897(b), U.S. Information Returns, or a Form 8949 of Form 6251. Any Form 5471 Schedule O must be received and delivered to the IRS. A tax return with Form 5471, Information Return of U.S. Persons With Respect To Certain Foreign Corporations, was issued on April 15, 2011.

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